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Agenda

Independent Hearing and Assessment Panel Meeting

2 June 2015, 5:00pm

 


 

Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, 48 Longueville Road Lane Cove on Tuesday 2 June 2015 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

IHAP Meeting Procedures

 

The Independent Hearing and Assessment Panel (IHAP) meeting is chaired by The Hon David Lloyd QC. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Independent Hearing & Assessment Panel Charter and any guidelines issued by the General Manager.

The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

Members of the public may address the Panel for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons wishing to address the Panel must register prior to the meeting by contacting Council’s Office Manager – Environmental Services on 9911 3611. Speakers must address the Chair and speakers and Panel Members will not enter into general debate or ask questions during this forum. Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.

Following the conclusion of the public forum the Panel will convene in closed session to conduct deliberations and make decisions. The Panel will announce each decision separately after deliberations on that item have concluded. Furthermore the Panel may close part of a meeting to the public in order to protect commercial information of a confidential nature.

Minutes of IHAP meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Friday following the meeting. If you have any enquiries or wish to obtain information in relation to IHAP, please contact Council’s Office Manager – Environmental Services on 9911 3611.

Please note meetings held in the Council Chambers are Webcast. Webcasting allows the community to view proceedings from a computer without the need to attend the meeting. The webcast will include vision and audio of members of the public that speak during the Public Forum. Please ensure while speaking to the Panel that you are respectful to other people and use appropriate language. Lane Cove Council accepts no liability for any defamatory or offensive remarks made during the course of these meetings.

The audio from these meetings is also recorded for the purposes of verifying the accuracy of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Independent Hearing and Assessment Panel 2 June 2015

TABLE OF CONTENTS

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 5 MAY 2015

 

Independent Hearing and Assessment Panel Reports

 

2.       2 Birriwa Place, Northwood

 

Orders Of The Day  

 

 

 

 

 


 

Independent Hearing and Assessment Panel Meeting 2 June 2015

2 Birriwa Place, Northwood

 

 

Subject:          2 Birriwa Place, Northwood    

Record No:    DA14/153-01 - 29098/15

Division:         Environmental Services Division

Author(s):      May Li 

 

 

Property:                                 2 Birriwa Place, Northwood

 

Section 82A Review No:        DA 153/2014

 

Date Lodged:                          8 April 2015

 

Cost of Work:                          $1,500,000.00

 

Owner:                                    D L & L H Cahill

 

Applicant:                                Glendinning Minto & Associates Pty Ltd

 

                                                                                                                      

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 82A (S82A) application seeking for a review of the determination of DA 153/2014 for the construction of a dwelling house, a swimming pool and landscaping works.

 

ZONE

R 2 – Low Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

Yes

BCA CLASSIFICATION

Class 1a, 10a, & 10b

STOP THE CLOCK USED

Yes – 12 days

NOTIFICATION

Neighbours:

1-5 Birriwa Place, 86, 88, 87 & 97 Northwood Road, Northwood. 

Ward Councillors

Progress Association:

Lane Cove Bushland & Conservation Society

 

REASON FOR REFERRAL

 

Development application DA 153/2014 was refused by Lane Cove Independent Hearing and Assessment Panel (IHAP) on 3 February 2015.  The S82A Review application is referred to Lane Cove IHAP for determination in accordance with Section 82A (6) (a) of Environmental Planning and Assessment Act 1979 (the Act).

 

EXECUTIVE SUMMARY

 

The original development proposal involving the construction of a two storey dwelling house, a swimming pool and landscaping works was refused by Lane Cove IHAP on 3 February 2015. 

 

The original application was refused on the following grounds:

 

·    Loss of solar access to the dwelling house at 3 Birriwa Place, Northwood.

·    Loss of water views to the living area on the ground level of 5 Birriwa Place, Northwood.

 

The applicant has lodged a S82A application with amended plans seeking a review of the determination in accordance with Section 82A (1) of the Act.

 

The applicant has sought to address the reasons of refusal by amending the proposal as follows:

 

·    Amendments to the foot print of the proposed building including reducing the size of the garage from a triple garage to a double garage, and locating the double garage toward to the front boundary of the site on the Ground level.

·    Reducing the internal height of the proposed garage by 300mm.

·    Reducing the size of the building envelope to create a view corridor for the living room on the ground level of 5 Birriwa Place.

·    Minor amendments to the footprints of the building on the Lower Ground levels.

 

The amended proposal has been assessed in accordance with Section 79C and Section 82A (4) of the Act.  In comparison to the original plans, the amended plans would reduce the loss of view impact to 5 Birriwa Place.  However, part of the current water view gained from the living area of 5 Birriwa Place, would be lost as a result of the proposed development. 

 

With regard to the solar access to 3 Birriwa Place, Northwood, the Independent Hearing and Assessment Panel were of the view that the solar access to 3 Birriwa Place, Northwood was insufficient.  The amended proposal would be marginally improve the solar access to their living area.  A door and a window to the living room would receive solar access between 12.00 noon and 3pm in mid winter which would meet the solar access provisions of Lane Cove Development Control Plan (DCP). 

 

The amended application has been re-notified with the concerns raised by the resident of 5 Birriwa Place in relation to impact on views and by 3 Birriwa Place in relation to overshadowing remained unsolved.

 

It is considered that the amendments address the reasons of refusal and reduce the expected impact of the proposed dwelling. The amendments would provide a view corridor for 5 Birriwa Place and would reduce overshadowing to 3 Birriwa Place which would meet the minimum DCP solar access requirements.

 

It is recommended that the application be reviewed and determined.  

 

SITE

 

Birriwa Place is a cul-de-sac located to the western side of Northwood Road, Northwood and provides access to 8 allotments which has a dwelling house on each lot. The subject site is located at the western end of the cul-de-sac and is currently vacant.  The rear boundary of the site adjoins Woodford Bay. 

 

Surrounding developments comprise two storey dwelling houses with significant water and river views.  Site Plan and Notification Plan attached (AT1 and AT2).


PROPOSAL

 

The proposed development involves construction of a two storey dwelling house, a swimming pool and landscaping works.

 

The dwelling house comprises:

 

·    Two bedrooms and a double garage on the Ground Level (RL 26.755m).

·    Foyer, kitchen, living area, a study and a rear deck on LG2 Level (RL 23.48m).

·    Two bedrooms on the LG1 Level (RL 20.34m). 

 

A swimming pool (8.6m x 3.5m) is located at the rear of the property.

 

The S82A plans include amendments to the Ground level of the original plans.  The amendments include:

 

·    Deletion of the boundary adjustment

·    Reducing the size of the garage from triple garage to a double garage

·    Reducing the footprint of the Ground level and locate the double garage toward the front boundary

·    Creating a view corridor form the living room area at the ground level of 5 Birriwa Place, Northwood.

 

The amendments to the floor plans on LG 1 and LG 2 and the design of the swimming pool are minor. 

 

PREVIOUS APPROVALS/HISTORY

 

The previous development applications lodged for the site include:

 

Development consent DA 82/2014 for the demolition of a dwelling house and garage was granted on 30 September 2014.  The demolition was completed prior to the lodgment of the S82A application and the site is currently vacant. 

 

Development application for the construction of a two storey dwelling house, a swimming pool and landscaping works was refused by Lane Cove IHAP on 3 February 2015.  The reasons of refusal are:

 

1.         The unacceptable and severe impact on the amenity of No.5 Birriwa Place by way of loss of significant water views from that property.

 

2.         The unacceptable and severe impact on the amenity of No.3 Birriwa Place by way of loss of solar access to that property.

 

3.         A more skilled design could provide the applicant with a similar development potential and amenity and reduce the adverse impact on surrounding properties.

 

4.         Such a skilful design might include the relocation of the garage structure towards the street frontage and a reduction in size to accommodate 2 cars, with consequent amendments to the principal design.

 

Refer to the Attachment 1 for the original assessment report, AT 3 and the Attachment 2 for the minutes of IHAP decision, AT 4.

 

This S82A Review application was lodged with amended plans seeking a review of the determination of the original decision. 

 

PROPOSAL DATA/POLICY COMPLIANCE: Site Area (1282.65m2)

 

Local Environmental Plan 2009

 

 

Proposed

Control

Complies

Floor Space Ratio

0.29:1

0.5

Yes

Height of Buildings

6.5m

9.5m

Yes

 

Lane Cove DCP

 

 

Proposed

Control

Complies

Front setback (min)

8.6m

Consistent with area or 7.5m

Yes

Side setback (min)

1.4m

1.5m

No.  The minor variation is supported.

Rear setback (min)

18.2m

>1000m²: 10m or 35%

Yes

Wall Height (max) (maximum parapet of 600mm)

6m

7.0m

Yes

Maximum Ridge height

6.5m

9.5m

Yes

Subfloor height (max)

Nil

1.5m

Yes

Number of Storeys (max)

2 at any point

2

Yes

Landscaped area (min)(Minimum width of 1m required to be included in area)

42%

35%

Yes

Foreshore Building Line     (min)

Behind the building line

Foreshore building line has been established

Yes

Cut and Fill      (max)

2.7m

1m

No but supported. 

Solar Access

A portion of the north facing windows in the living room of 3 Birriwa Place would received solar between 12 noon and 3pm on 22 June

3 hrs to north-facing windows

Yes

Provide for view sharing

A view corridor is proposed

Required

Acceptable

Deck/Balcony depth (max)

4.75m

3m

No but supported

Private open space

540m2

24 m² (min)

4m minimum depth

Yes

Basix

Submitted with the original DA

Required

Yes

 

Car Parking

 

 

 

Proposed

Control

Complies

Off-street spaces (min)

2

2

Yes

Driveway width

2.8m

3m at the lot boundary

Yes

 

 

Private Swimming Pools

 

 

Proposed

Control

Complies

Location

At the rear of the site

Behind the front building line and not on elevated decks

Yes

When viewed from waterways and foreshore areas

The proposed swimming pool is approximately 13m to the rear boundary

Not adversely affect the amenity and outlook of neighbourhood.

Yes

Setback to Neighbour’s House (min)

3.2m to 3A Birriwa Place

3m to waterline

Yes

Setback to boundary (min)

1.7m

1m to waterline

Yes

Height (max)

(steeply sloping sites)

2.65m

1.8m

No

Setback from boundary if coping is above ground level (existing)(min)

1:1.6

Coping to be set back at a ratio of 1:1

No

Setback from trees >5m in height (min)

2m

3m

No. However, Council tree assessment has considered the setback is acceptable.

Location of pool pump/ filter

Not shown on plans

As far as practical from neighbouring properties.

To be conditioned to comply

 

REFERRALS

 

Development Engineer

 

Council development engineer has assessed the amended plans and provided the following advice:

 

Refer to the documents for the above mentioned development, received by Council’s Development Engineer. The plans used to check the engineering matters are drawings by Felton Constructions numbered 14-521 Rev C and dated 08/4/15.

 

The proposal is for a new dwelling and in ground pool.

 

No OSD is required as the site is within Council’s OSD exclusion zone. The proposed new system has been conditioned.

 

A new driveway on Council property has been conditioned.

 

Where Council is to issue an approval the recommended conditions should be applied to the determination.

 

Tree Assessment Officer

 

Council’s Tree Assessment Officer has reviewed the amended plans submitted with the S82A application and stated that the previous advice relating to the original proposal be remained unchanged. 

 

The previous recommended draft conditions would be included in the conditions of consent in the event the development application is approved. 

 

Lane Cove LOCAL Environmental Plan 2009 (Section 79c(1)(a))

 

The subject site is located within R2 – Low Density Residential zone and dwelling house development is permissible in accordance with the Lane Cove LEP.

 

The aims of the Lane Cove LEP require residential developments to be compatible with the existing environmental character of the locality and have a sympathetic and harmonious relationship with adjoining development. 

 

The proposed building has a maximum building height of 6.5m which is below the 9.5m building height standard. The proposed building has an FSR of 0.29:1 which is well below the 0.5:1 of the LEP standard.  The scale of the proposed development is compatible with the existing adjoining developments which are dominated by two storey dwelling houses. 

 

The proposal would retain the significant trees on site and would have minimum impact to the local environment.

 

The proposal meets the aims of the LEP.

 

Other Planning Instruments

 

Lane Cove Development Control Plan

 

As outlined in the compliance table, the amended plans do not meet some provisions of the DCP.  The variations to the DCP provisions are discussed below:

 

Side setback

 

Clause 1.3.2 of the DCP states side setbacks are to be a minimum of 1.5m for a two storey dwelling and irregular sites may be considered on their merits. 

 

The proposed building would be located on an irregular site.  The side setback of the majority of the building is more than 1.5m to the northern boundary with the exception of the north-western corner of the rear walkway which is 1.14m from the northern boundary.  The minor variation is unlikely to compromise the landscaping along the northern boundary which would provide sufficient screening between 1 and 2 Birriwa Place, Northwood.

 

The minimum proposed setback to the southern boundary is 1.45m.  Given the southern boundary of the site adjoins a driveway which services 3 and 3A Birriwa Place and fixed louver screens are proposed to the southern windows on two upper levels, the minor variation is unlikely to create significant over looking impact to the adjoining properties to the south and is considered acceptable. 

 

Cut and fill

 

Clause 1.6 of the DCP states developments are to limit excavation with depth of 1m at any point on the site unless it is demonstrated that the site’s slope is too steep to reasonable construct a 2 storey dwelling with this extent of excavation.

 

The proposed dwelling house is proposed on a site with a steep slope. The existing ground level of the proposed garage is approximately 3.2m higher than the living area on LG 2 level below.  The design has responded to the topography of the site.  A 2.65m excavation is proposed for the construction of a retaining wall at the eastern end of the dwelling house.  The excavation would not create adverse impacts on the stability or amenity of adjoining properties or the public domain.  The variation to the DCP 1m cut requirement is therefore supported.

 

The width of deck

 

Clause 1.8.2 of the DCP states elevated decks, terraces or balconies greater than 1m above existing ground level to living areas are not to exceed a maximum depth of 3.0m.  Deeper decks may be considered if privacy to adjoining properties is addressed. 

 

The proposed deck with a depth of 4.75m off the living area on the LG 2 level is elevated more than 1m above the existing ground level.  However, the deck is located at the northern side of the dwelling house and is well below the living area of the adjoining house at 1 Birriwa Place.  It is more than 12m to any adjoining houses to the south.  Privacy of the adjoining properties has been addressed by the design and therefore no objection is raised to an extended width of the terrace.

 

Pool Height

 

The proposed swimming pool is located at the rear of the site with a significant fall of 2.2m over length of approximately 2.2m.  It would be 2.65m above the existing ground level at the lower section.  However, it would also be 2.2m below the existing ground level on the higher section of the site.  The swimming pool has an 18m setback from the rear boundary of the site and would be screened by future landscaping at the rear of the property. 

 

The variation to the pool height provision of the DCP is supported given the circumstance of the site constraints. 

 

APPLICABLE REGULATIONS

 

State Environmental Planning Policy No 55 – Remediation of Land

 

Clause 7 of the SEPP requires the consent authority must consider the contamination and remediation in determining any development application.

 

The site was previously used for dwelling house and the proposed development would not alter the use of the land.  There is no evidence that the site was contaminated by the previous development and the suitability of the land for dwelling house has been taken into consideration during the development assessment process. 

 


State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

A BASIX certificate was lodged with the original development application.  No amended BASIX certificate was submitted with the S82A application.  The commitments of building sustainability would be required to be updated as a condition of consent if the application is approved. 

 

Sydney Regional Environmental Plan (Sydney Harbor Catchment) 2005 and Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005.

 

Council has considered the provisions of the Sydney Regional Environmental Plan and the development control plan.  The proposal raises no issues regarding the provisions of the policy and the DCP.

 

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

 

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

 

The variations to the Lane Cove DCP provisions relating to the side setbacks, cut and fill, the width of elevated decks and the height of the swimming have been discussed in the previous section of the report. 

 

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

 

The S82A amended plans were notified in accordance with Council notification policy between 13 April 2015 and 27 April 2015.  Two submissions were received in response to the notification. 

 

3 Birriwa Place, Northwood

 

The submission from MB Town Planning on behalf of the owners of 3 Birriwa Place, Northwood states that the amended proposal was an unskillful design and the amended plans fails to address the solar access impacts to 3 Birriwa Place which IHAP identified as ground for refusal of the original application. 

 

Officer’s comment:

 

The provisions of Clause 1.8.1 of Part C1 of the DCP states dwellings or additions shall be designed and orientated so as to give reasonable sunlight to the habitable rooms and recreational areas of the subject site and adjoining premises between 9.00am and 3.00pm on 21st June.  In particular dwellings are to be so located and designed that a portion of windows of neighbouring dwellings receive at least 3 hours of sun between 9.00am and 3.00pm on 21st June.

 

The proposed dwelling house has been designed with the centre of the dwelling house accessing the north facing courtyard.  The court yard is designed for the retention of a Lilly Pilly tree and the provision of sun light to the kitchen and the lounge area.  The proposed dwelling house would receive more than 3 hours of solar access in mid winter and meets the minimum provisions of the DCP.

 

With regards to solar access to the adjoining dwelling house to the south at 3 Birriwa Place, the shadow diagrams prepared by Felton Architect indicate that a portion of a window and a door in the living room on the north elevation of 3 Birriwa Place would receive sunlight from 12.00 noon to 3.00pm in mid winter and would meet the minimum provisions of the DCP.  The amended plans improve the solar access to the adjoin dwelling house to the south and meet the minimum solar access provisions of the DCP which is considered acceptable.

 


5 Birriwa Place, Northwood

 

The submissions from SJB on behalf of the owners of 5 Birriwa Place, Northwood maintained their concerns relating to the loss of view impact to 5 Birriwa Place and requested for the height poles to be erected for a proper assessment in the initial submission in response to the S82A notification. 

 

Further submission dated 20 May 2015 stated that the view loss impacts that would result from the proposed development upon the property at No. 5 Birriwa Place are unreasonable, unjustified and should not be supported.  The changes made in the current proposal compared to the original DA do not address the reasons for refusal. The modifications do not incorporate the recommendations or comments of the IHAP and do not result in a development that satisfies the Planning Principle for view sharing.  Notwithstanding some amendments proposed in the S82A application, the proposal still results in a bulky structure sitting at a high position of the site, with the visual massing of the development spread along the boundary to 5 Birriwa Place.  The outcome would be the devastating to the existing views currently enjoyed from the adjacent property at 5 Birriwa Place.

 

Officer’s comment:

 

The owners of the development site erected 7 height poles showing the ground level roof plane in accordance with the requests of Council.  The locations of the height poles are indicated on the attached roof plans.  Refer to attachment for AT 5

 

The location and the height of the poles have been verified by a qualified surveyor.  Refer to the attached certificate for AT5.

 

The amended plans would reduce the loss of water view impact to the living room on the ground level of 5 Birriwa Place from the original plans.  However, a portion of the view to Lane Cove River and Woodford Bay from the living room of 5 Birriwa Place would be blocked by the proposed building.  There would be minor impact to the views from the upper level of 5 Birriwa Place.  Given water views from the lower level of 5 Birriwa Place are obtained across the side boundary of the subject site, the views enjoyed from the upper level of 5 Birriwa Place would be retained, and the proposed building meets the building height and FSR of the LEP, the proposed design is therefore considered acceptable. 

 

The proposed amendments would create a view corridor which would reduce the impact upon views of the adjoining property.  The amended proposal is now considered acceptable in the present context and an improvement on the original proposal. 

 

CONCLUSION

 

The S82A application has been reviewed in accordance with Section 82A (2) of the Act.  The amended plans submitted with the S82A application have reduced the height and the footprint of the upper level of the house of the original design to create a view corridor for the water views to Woodford Bay from 5 Birriwa Place.  However, the amended design would create a view loss to  a significant part of the current water views to Lane Cove River and Woodford Bay from the living area of 5 Birriwa Place, Northwood. 

 

The amended design meets the solar access provisions of the DCP and the solar access impact to 3 Birriwa Place is considered acceptable.

 

The Section 82A application is referred to IHAP for a determination.


 

 

 

RECOMMENDATION

 

That pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, 1979, the determination of development consent refused on 15 February 2015 for the construction of a two storey dwelling house, a swimming pool and landscaping works at Lot 101, DP 702734 and known as 2 Birriwa Place, Northwood is submitted to Lane Cove Independent Hearing and Assessment Panel for review and determination.

 

In the event of IHAP seeks to approve the development application, the following draft

conditions are recommended to be included in the development consent:

 

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application DA 153/2014 for the construction of a two storey dwelling house, a swimming pool and landscaping works on Lot 101, DP 702734 and known as 2 Birriwa Place, Northwood subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with the following drawings with Job No. 14-5231, dated 08.04.15, prepared by Felton Constructions except as amended by the following conditions.

 

-           Site Plan, D01, Issue E, dated 30.04.15;

-           Ground, LG1, LG2, D02, Issue C;

-           Roof Plan, Sec X, D03, issue C;

-           Elev A, B, C and D, Sec Y and Z;

-           Landscape Concept with Drawing Number 2014.0902DA1-1, Issue B, dated 17th September2014, prepared by TGS Landscape Architects;

-           Landscape Concept with Drawing Number 2014.0902DA1-2, Issue B, dated 17th September2014, prepared by TGS Landscape Architects.

 

 

2.         (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

3.         (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

4.         (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

 

The consent authority or a private accredited certifier must:-

 

·          Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

5.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

6.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

7.         (35) Hours of Building Works

 

All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

8.         (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

9.         (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

10.       (39) The building not to be used for separate occupation or commercial purposes.

 

 

11.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

12.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

a)         the name, address and telephone number of the Principal Certifying Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

The signs shall be maintained for the duration of construction works.

 

13.       (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

14.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d)         Framework including roof and floor members when completed and prior to covering.

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Pool reinforcement prior to placement of concrete.

h)         The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

i)          Stormwater drainage lines prior to backfilling

j)          Completion.

 

15.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing.

 

16.       (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark colour range.

 

17.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

 

 

a          The establishment of the each floor level;

b          The roof framing; and

c          The completion of works.

 

Note:   All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

18.       (67) 

(a)        The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

(b)        Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

 

(1)        A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

 

(2)        The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

(3)        With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

 

(4)        The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

19.       (72) The proposed works must be confined within the boundaries of the site.

 

20.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

21.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

 

22.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

23.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

24.       (130)  Compliance with the Waste Management Plan submitted along with the application.

 

25.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

 

26.       (137)  Lane Cove Council charges a fee for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

 

27.       (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

 

28.       (141) Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by installments, the first installment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

29.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

Engineering Conditions

 

30.       (A1) Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

31.       (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 

 

32.       (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

33.       (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

34.       (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

35.       (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

36.       (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

37.       (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.

 

38.       (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and storm water drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage or carport shall be determined by Council.

 

39.       (R1) Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

§ Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

§ Mosquito protection & first flush device shall be fitted to the reuse tank.

 

The overflow from the rainwater reuse tank is to drain by gravity to the receiving system

 

Engineering conditions to be complied with prior to Construction Certificate

 

40.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered GO140342 prepared by ACOR Consultants dated Sept 2014.

 

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

41.       (C1) Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM and generally in accordance with the submitted plan, prepared by ARQEON Architect. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate

 

42.       (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series. The following plans shall be prepared and certified by a suitably qualified engineer demonstrating:

- Longitudinal section along the extreme wheel paths of the driveway/access ramp at a scale of 1:20 demonstrating compliance with the scaping provisions of AS2890.1. It shall include all levels and grades, including those levels stipulated at boundary levels, both existing and proposed. It shall extend from the centre line of the roadway through to the parking area.

- Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.1.

The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

43.       (W1) Pool Construction: The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.

 

Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate.

 

44.       (W2) Pool Construction Stormwater: The stormwater runoff from the new impervious areas surrounding the pool shall be connected to the drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater Management.

 

45.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

46.       (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering condition to be complied with prior to Occupation Certificate

 

47.       (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

 

·    Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management.

·    All works have been completed in accordance with the issued Construction Certificate and Conditions of this determination.

·   

 

48.       (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The driveway opening width along the boundary is to be no wider than 4.5m, in the interest of pedestrian safety. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

49.       (V3) Redundant Gutter Crossing:  All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

Landscaping Conditions

 

50.       (300)  Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove.

 

51.       (302)  The applicant must obtain a Tree Preservation Order Work Authority prior to the pruning or removal of any trees growing on site, located in neighbouring properties or trees located in adjacent reserves that overhang the site, including the cutting of any tree roots greater than 40 mm in diameter. Trees designated for removal (except Tree 9) are exempt from this condition.

 

52.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

53.       (305)  All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

54.       (new) Tree protection zones for trees numbered 1 – 2 – 7 and 9 shall be in place prior to commencement of construction. The project arborist (Level 5) must inspect and certify that all tree protection measures are correctly erected prior to commencement of all work including demolition. The Arborist’s Certification document must be obtained by the Authorized Private Certifier prior to start of work and/or issue of the Construction Certificate.

 

55.       (354)  Footing, trench or excavation that is within 3m of any tree greater than 4m in height; including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged.

 

56.       (354a)  Excavation for strip footings, service lines or any other type of excavation is not permitted within 3 m of any tree greater than 4m in height; including neighbouring trees. If approved excavation works is required within 3 m of the trunk of retained trees, this work must be carried out using hand held tools only and under the supervision of the Level 5 project arborist who shall monitor the work. The project arborist shall provide a Certification document outlining any damage to tree roots that may affect the stability of trees to the Authorised Private Certifier prior to issue of the Final Occupation Certificate.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plans

2 Pages

 

AT‑3 View

Original Assessment Report

32 Pages

 

AT‑4 View

Minutes of IHAP decision of 3 February 2015

15 Pages

 

AT‑5 View

Survey plan of height poles by Donovan Associates

2 Pages