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Agenda

Independent Hearing and Assessment Panel Meeting

29 July 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 Wednesday 29 July 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 29 July 2015

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

CONFIRMATION OF MINUTES

 

1.      INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING – 2 JUNE 2015

 

Independent Hearing and Assessment Panel Reports

 

2.      63 Northwood Road, Northwood

 

3.      2 Birriwa Place, Northwood  

 

Orders Of The Day  

 

 

 

 

 


 

Independent Hearing and Assessment Panel Meeting 29 July 2015

63 Northwood Road, Northwood

 

 

Subject:          63 Northwood Road, Northwood    

Record No:     DA10/225-01 - 32895/15

Division:         Environmental Services Division

Author(s):       Rajiv Shankar 

 

 

 

Property:                     63 Northwood Road, Northwood

 

DA No:                        DA 225/10 (Section 82A Review of Determination Application)

 

Date Lodged:              18 May 2015

 

Cost of Work:              Nil

 

Owner:                        Mary and Thomas Bradbury

 

Applicant:                    Mary and Thomas Bradbury

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Modification of rear balcony balustrades from timber to powder coated metal and vertical infill for safety (Section 82A review of determination application).

ZONE

R2 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?

No

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours:  74, 65, 61, 76, 78, 72A, 69, 66, 71, 68, 67, 59, 72, 70B, Northwood Road, 1 James Street

Ward Councilors:  East Ward

 

REASON FOR REFERRAL

 

This review of determination application is referred to Council’s Independent Hearing and Assessment Panel pursuant of Section 82A of the Environmental Planning and Assessment Act 1979 given that the original Section 96 modification application was determined by a different Independent Hearing and Assessment Panel at its meeting held on 7 April 2015.

 

EXECUTIVE SUMMARY

 

The original approval DA 225/10 was for alterations and additions to an existing dwelling house that included a first floor addition with an attached car port and new front fence. This application was approved on 11 January 2011.

The applicant lodged a Section 96 modification application to amend the rear balcony balustrades, including the lower portion, from timber to aluminum vertical balustrades to comply with BCA and ensure that it is more child safety friendly.

 

The application was considered by Council’s Independent Hearing and Assessment Panel at its meeting held on 7 April 2015 and was refused on the following grounds:

 

·    Unacceptable impact on the amenity of the joining property at 65 Northwood Road, Northwood.

 

The applicant has requested that the determination be reviewed.

 

In the review of determination application, the applicant has not made any amendments to the original Section 96 modification application.

 

The application was notified as per Council Policy and the adjoining owner at 63 Northwood Road has raised concerns particularly in relation to privacy impact resulting from the amended balustrade.

 

Given that the applicant has not made any amendments to the previous Section 96 application, has not adequately addressed the concerns raised by the neighbours and the reasons for refusal by the Independent Hearing and Assessment Panel, this application is not supported.

 

The application is referred to the Panel for review and determination.

 

Site

 

The subject site is irregular in shape with a frontage of almost 24m to Northwood Road and an area of 663sqm. The site has a shorter rear boundary of almost 13m and an angled boundary along its south side, and a maximum fall of 2.3m from its front to its rear boundary.

 

The site is located on the west side of the street close to a bend to the north that intersects with James Street.

 

Existing development on the site consists of a dwelling house that has recently under gone renovations that include a first floor addition that was approved by DA 225/10 dated 11 January 2011.

 

The locality is residential and includes a mix of both single and 2 storey dwelling houses of varying sizes and styles.  Site Location Plan and Neighbour Notification Plan attached (AT-1 and AT-2).

 

Proposal

 

The proposal seeks to modify the consent DA225/10 with changes to the rear balcony balustrade, including the lower portion, from timber to aluminum vertical construction to comply with the BCA and ensure it is more child safety friendly.

 

The amended architectural plans indicate that the rear balustrade would have a full height of 1.2 m above the adjoining finished floor level and to be vertical construction panels.

 

The original proposal that was approved with DA 225/10 indicates a solid infill area to a height of approximately 500 mm.

 

This application requests that the Panel review the previous Panel’s decision to refuse the application.

 


Previous Approvals / History

 

The original development consent for alterations and additions to the existing dwelling house that included a first floor addition, attached car port and front fence was issued on 11 January 2011.

 

The Construction Certificate for the works was issued on 16 July 2013 CC 43/13 by a Private Certifier.

 

The application was subsequently modified on 20 February 2014 and the modifications related to changes in window size on the side of the new works first floor.

 

The Private Certifier issued a notice of intention to give an order on 16 December 2014 that indicated the rear first floor balcony balustrade has not been constructed in accordance with the development consent approved design.

 

Lane Cove Council issued an order under section 121b of the EP & A Act 1979 that required the rear balcony balustrades (west elevation) in accordance with development Consent DA 225/2010 and the Building Code of Australia.

 

The modified application that sought consent to the design changes to the balustrade, that has been constructed, was considered by Council’s Independent Hearing and Assessment Panel at its meeting held on 7 April 2015 and was refused.(Report and the determination are attached at AT3 and AT4 respectively)

 

The applicant now seeks a review of the Panel’s determination.

 

Proposal Data / Policy Compliance

 

As the approved first floor level external wall profile remain unchanged and unaffected by the previous section 96 modification proposal, the changes to the balustrade design do not raise any issues in relation to either the Lane Cove LEP 2009 or the Lane Cove Development Control Plan.

 

Referrals

 

No internal or external referrals were considered necessary.

 

Assessment

 

In this Section 82A review of determination application, the applicant has put forward the following justification in support of the application:

 

·    In relation to the Panel’s reason for refusal, the applicant advises that the as built modified balustrade design has insignificant impact upon the amenity of the neighbours. The applicant has provided two pictures in support of the statement.

 

Comment  

 

The applicant does not address to what extent the amended balustrade design increases the impact of privacy on the adjoining dwelling house at 65 Northwood Road.  Both the photos provided by the applicant do not depict the existing privacy impacts. 

 

In the original design, the balustrade was obscure up to a height of 450mm from first floor level.   The applicant does not demonstrate or explain how by making the lower portion of the balustrade visually transparent, would address the Panel’s reason of refusal and not have any additional adverse impact upon the amenity of the adjoining dwelling house at 65 Northwood Road.  

 

·    The design of the balustrade has been amended to comply with the requirements of BCA. The proposed design would eliminate any horizontal elements to provide a foothold for a child to climb and fall over.

 

Comment

 

The applicant has not provided any report from a BCA consultant to demonstrate that the original balustrade design is not capable of complying with the requirements of BCA. The applicant has not sought alternative design solutions for the original design to comply with BCA.

 

·    The applicant has suggested a new high fence to provide for privacy between the two properties.

 

Comment 

 

The applicant has not proposed or provided details of any such fencing to provide for privacy between the two properties.

 

Section 79C (1)(a)(i) The Provisions of Any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 2009

 

The provisions of the LEP 2009 would remain unchanged.

 

Section 79C (1) (a) (iii) The Provisions of Any Development Control Plan

 

Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 (the DCP 2005)

 

The site is located within the foreshore area identified on the Foreshores and Waterways area Map of the SREP and as such is subject to the DCP 2005 that it complements.

 

The proposal does not raise any issues in relation to the two relevant clauses of the DCP 2005 (i.e.) Clause 5.3 Siting of Buildings and Structures, and Clause 5.4 Built Form

 

Councils Development Control Plan 2009 (the DCP)

 

The modified proposal does not alter the provisions of Council’s Development Control Plan.

 

Section 79 C (1) (b) The Likely Impacts of the Development

 

The changes to the approved external materials to the balcony balustrade from timber to metal would not create any significant impact on the adjoining and adjacent properties.

 

There should not be any significant increase in privacy concerns. The design changes would ensure compliance with the BCA.

 

Section 79 C (1) (c) The Suitability of the Site for Development

 

The original consent that allowed alterations and additions to a dwelling house has ensured the continued use for a residential purpose.

 

The changes to the balustrade design do not alter the original approval in regard to bulk, scale and impact on the locality and therefore it is considered that the modification is suitable for the site.

 

Section 79 C (1) (d) Any Submissions Made

 

One submission has been received in support of the proposal.

 

One submission has been received from the owners of the adjoining property on the south side of the site being 65 Northwood Road.

 

The submissions raise the following significant concerns:

 

·    The modifications would impact upon the privacy of living area and family area including the backyard, pool and rear deck.

 

Comment

 

It is considered that the increase in overlooking as a result of the amendments is minor and not significant.

 

·    Probable contribution of the of the steel balustrade to the wind noise concern

 

Comment

 

This issue is being investigated separate to this application.

  

Section 79 C (1) (e) The Public Interest

 

It is considered that the variation to the balustrade design and construction would be in the public interest given that it would not have any additional significant impact on privacy and meet with the BCA requirements.

 

CONCLUSION

 

Council’s assessment of the original Section 96 modification application considered that the changes carried out are minor in nature and do not have a significant adverse impact upon the amenity of the adjoining dwelling towards the south.

 

Notwithstanding the above, the applicant has neither adequately addressed the concerns raised by the neighbours nor the reasons for refusal by the Independent Hearing and Assessment Panel and as such no additional assessment is offered in this review.

 

 

RECOMMENDATION

 

The application is referred to the Panel for review and determination.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Neighbour Notification Plan - Section 82A - DA10/225 - 63 Northwood Road Northwood

2 Pages

 

AT‑2 View

Site Location Plan 

1 Page

 

AT‑3 View

REPORT Sec 96 Application 63 Northwood Road

7 Pages

 

AT‑4 View

Letter advising refusal of S96 application

1 Page

 

 

 


 

Independent Hearing and Assessment Panel Meeting 29 July 2015

2 Birriwa Place, Northwood

 

 

Subject:          2 Birriwa Place, Northwood     

Record No:     DA14/153-01 - 35847/15

Division:         Environmental Services Division

Author(s):       Rebecka Groth 

 

 

 

Property:

2 Birriwa Place, Northwood

DA No:

Section 82(a) Review of Determination DA2014/153                     

Date Lodged:

12 June 2015

Cost of Work:

N/A

Owner:

DL & LH Cahill

Applicant:       

Felton Constructions

 

Description of the proposal to appear on determination

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

Zone

R2 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

No

BCA Classification

Class 1a, 10a, & 10b

Stop the Clock used

Yes

Notification

 

 

 

 

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

Northwood. 

Ward Councillors

Progress Association: Lane Cove Bushland & Conservation

Society                                  

 

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 Independent hearing and Assessment Panel (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; and

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

 

On the 8 April 2015 a Section 82A application was lodged with council seeking a review of the determination in accordance with Section 82A (1) of the EP&A Act 1979. The applicant sought to address the reasons of refusal by the following:-

·        Amendments to the footprint including reducing the size of the garage from a triple garage to a double garage, and siting the garage toward the front boundary of the site on the Ground level.

·        Reduced internal height of the garage by 300mm.

·        Reduced building envelope to create a view corridor from the living room on the ground level of 5 Birriwa Place.

·        Modification to the extent of the footprint of the building on the Lower Ground level.

 

In comparison to the original plans, the amended plans were found by Council to improve the extent of view loss experienced by 5 Birriwa Place. 

 

With regard to the solar access to 3 Birriwa Place, Council officers were of the view that the amended proposal would meet the solar access provisions of Lane Cove Development Control Plan (DCP). 

 

The matter was referred to IHAP for determination with a Council recommendation of approval.

 

On 2 June 2015 the IHAP resolved to refused the Development Application for the following reasons:

 

     Pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979, the development application for the construction of a new dwelling house at 2 Birriwa Place, Northwood, the Independent Hearing and Assessment Panel has decided that the application be refused for the reason that the loss of significant water views, including a land water interface from the living room at No.5 Birriwa Place, Northwood is excessive and therefore unacceptable.

 

A further Section 82(a) Review of Determination Application was lodged with Council on the 12 June 2015. The proposal involves design amendments to address the IHAP recommendation. The amendments include a reduction in the ground floor area, a view corridor of 50% over the subject site, minor amendment to the internal floor plan on the lower LG2 level and the relocation of a bedroom from GF level to LG1 level.

 

The proposal is compliant with the LEP in relation to FSR and building height. The revised proposal provides for a 51% view corridor from 5 Birriwa Place, Northwood.

 

It is recommended that the IHAP review the determination in light of the amended proposal.   

 

Site

 

Birriwa Place is a cul-de-sac situated on the western side of Northwood Road which provides access to 8 allotments. Surrounding developments comprise two storey dwelling houses with significant water and river views.  The subject site is located at the western end of the cul-de-sac and adjoins Woodford Bay to its rear.  The site is vacant. 

 

Site Plan and Notification Plan attached (AT-1 and AT-2).


Previous Approvals / History

 

DA2014/82

Demolition of a house and garage. Approved 30 September 2014.

DA2014/153

The initial Development Application was lodged on 23 September 2014.

 

This application sought approval for the construction of a new two storey dwelling house over three levels, swimming pool, associated landscaping works and minor boundary adjustment.

 

The proposal is described as:

 

Level 1:

 

Retreat, lobby, bedroom 3 and 4, bathroom and internal and external stairs

 

Three (3) car space garage, workshop, garbage storage area and associated turning bay

 

Habitable rooms: FFL 27.10

Garage: FFL 26.85

 

Ground floor:

 

Study, rumpus room, laundry, cellar, foyer, meals room, lounge, kitchen, deck on the western elevation and internal and external stairs.

 

Habitable rooms: FFL 23.48

 

Subfloor:

 

Lobby, bedroom 1 and 2, two ensuites, study and internal and external stairs.

 

Habitable rooms: FFL 20.34

 

The proposal was compliant with the Lane Cove Local Environmental Plan 2009 (LEP 2009), being below the maximum Floor Space Ratio (FSR) and building height permitted for the site. The proposal comprised an FSR of 0.28:1 and a building height of 9m.

 

Submissions on behalf of three (3) neighbours were received in response to the notification of the proposal. The primary concerns raised in the submissions were view loss and reduced amenity as a result of overshadowing.

 

Views of Woodford Bay and the Lane Cove River are enjoyed by surrounding properties.

 

The assessment of the initial DA found the proposal would result in loss of views enjoyed by surrounding properties, namely from 5 Birriwa Place. The assessment had regard to the Planning Principle: View sharing [Tenacity Consulting v Waringah [2004] NSWLEC 140]. Views of Woodford Bay were found to be enjoyed from the living area of 5 Birriwa Place, over the side setback of the subject site. Notwithstanding the severity of impact on the views currently enjoyed by 5 Birriwa Place as a result of the proposal, the proposal was considered to be acceptable. Given the compliance of the proposal with the key planning controls applicable to the site and the reliance of access to the views over the side property boundary, that the proposal was reasonable.

 

The assessment of the proposal had regard to the planning principle set down by the Land and Environment Court in relation to Access to sunlight being based on Planning Principle: SUNLIGHT [The Benevolent Society v Waverley Council [2010] NSWLEC 1082 at 133-144]. The assessment found that due to the low level of the land in relation to 2 Birriwa Place and the orientation of the site, 3 Birriwa Place could be categorised as being highly vulnerable to overshadowing as described in the planning principle. Protection of sunlight to 3 Birriwa Place was found to not be readily achievable by a more sensitive design due to the potential interaction with the established tree on the site (Magenta Lilly Pilly) which is listed as a threatened species. The design was found to largely comply with the relevant planning controls and any modification to the wall height would not materially effect the solar access available to 3 Birriwa Place.

 

Given the contentious and complex nature of the proposal, the matter was referred to the IHAP for determination with a Council officer recommendation of approval. 

 

On 3 February 2015 the IHAP resolved to refused the Development Application for the following reasons:

 

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.

 

DA2014/153 Section 82(A) Review of Determination

 

A Section 82(A) Review of Determination against the refusal of DA2014/153 was lodged with Council on 8 April 2015. The proposal sought to address the reasons for refusal in the notice of determination.

 

The proposal is described as:

 

Ground Level (previously referred to as Level 1):

 

Lobby, bedroom 3 and 4, bathroom and internal and external stairs

 

Double garage

 

Habitable rooms: FFL 26.840 (reduced level)

Garage: FFL 26.755 (reduced level)

 

LG 2 (previously referred to as Ground floor):

 

Study, rumpus room, laundry, cellar, foyer, meals room, lounge, kitchen, deck on the western elevation and internal and external stairs.

 

Habitable rooms: FFL 23.480 (no change to level )

 

LG 1 (previously referred to as Subfloor level):

 

Bedroom 1 and 2, two ensuites, study and internal and external stairs.

 

Swimming pool (volume 42m3)

 

Habitable rooms: FFL 20.34 (no change to level)

The proposal was found to be compliant with the LEP 2009, being below the maximum FSR and building height permitted for the site. The proposal comprised an FSR of 0.29:1 and a building height of 6.5m.

 

Submissions on behalf of two neighbours being 3 Birriwa Place and 5 Birriwa Place, were received in response to the notification period. The primary concerns raised being view loss and reduced amenity as a result of overshadowing.

 

The revised proposal was found to improve solar access to 3 Birriwa Place and met the minimum solar access provisions of the DCP.

 

The amended proposal was considered by Lane Cove Council to improve the extent of view loss from 5 Birriwa Place. Given water views from the lower level of 5 Birriwa Place would be obtained across the side boundary of the subject site, the views enjoyed from the upper level of 5 Birriwa Place are retained, and the proposed building meet the building height and FSR of the LEP, the proposed design in the Section 82(a) proposal was considered to be an improvement on the original proposal by Lane Cove Council. 

 

The matter was referred for determination to the IHAP with a recommendation for approval by Council.

 

On 2 June 2015 the IHAP resolved to refused the Development Application for the following reasons:

 

            Pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979, the development application for the construction of a new dwelling house at 2 Birriwa Place, Northwood, the Independent Hearing and Assessment Panel has decided that the application be refused for the reason that the loss of significant water views, including a land water interface from the living room at No.5 Birriwa Place, Northwood is excessive and therefore unacceptable.

 

 


Proposal

 

The current proposal is a Section 82(A) Review of Determination against the refusal of DA2014/153. The Section 82(a) application was lodged with Council on 12 June 2015.

 

The proposal is described as:

 

Ground Level:

 

Bedroom 1, walk in wardrobe, ensuite and internal and external stairs

 

Double garage

 

Habitable rooms: FFL 26.840 (no change)

Garage: FFL 26.755 (no change)

 

LG 2:

 

Study, rumpus room, laundry, cellar, foyer, meals room, lounge, kitchen, deck on the western elevation and internal and external stairs.

 

Habitable rooms: FFL 23.480 (no change to level)

 

LG 1:

 

Bedrooms 2, 3 and 4, bathroom and ensuite, study and internal and external stairs.

 

Swimming pool (volume 42m3)

 

Habitable rooms: FFL 20.34 (no change to level)

 

The proposal comprises an FSR of 0.29:1 and a building height of 6.5m.

 

View Loss

 

The revised proposal demonstrates an increased view corridor over the site’s north-western side setback area towards Woodford Bay.

 

 

Assessment of the IHAP Reason for Refusal - 2 June 2015

 

            Pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979, the development application for the construction of a new dwelling house at 2 Birriwa Place, Northwood, the Independent Hearing and Assessment Panel has decided that the application be refused for the reason that the loss of significant water views, including a land water interface from the living room at No.5 Birriwa Place, Northwood is excessive and therefore unacceptable.

 

Comment

 

An inspection of 1 and 2 Birriwa Place was undertaken and the certified height poles were observed in respect of the water views. It is noted multiple height poles were installed after consultation with Council officers to establish the revisions made by the applicant to resolve the reasons for refusal. A survey report prepared by Donovan Associates ENG Survey Pty Ltd dated 30 June 2015 to certify the height of the poles was submitted to Council and is available for public view on Council’s website.

 

The height poles relevant to the current proposal provide for a greater view corridor in which the occupants of 5 Birriwa Place could enjoy views of Woodford Bay. The applicant’s plan (reference Drawing D02 and dated 11.6.2015) demonstrates a 51% view corridor being available from 5 Birriwa Place. It is considered that the proposal improves on the previous view corridor and that the occupants would likely retain a view of the land water interface from the living room at 5 Birriwa Place.

 

Proposal Data / Policy Compliance

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density                                 Site Area:                               1282.65m²

 

 

DA

2014/153

Section 82(A) lodged 8 April 2015

Current Section 82(A) proposal

LEP Control

Complies

Floor Space Ratio

 

0.28:1

0.29:1

0.28:1

0.5:1

Yes

Height of Buildings

 

9m

 

6.5m

6.5m

9.5m

Yes

 

Comprehensive DCP

 

With respect to compliance with the DCP, it is noted this was not a determining factor in the reasons for refusal in the initial development application and subsequent Section 82A review. The proposal is generally consistent with the previous Section 82A proposal, however it is noted the footprint of the Ground Level has been reduced in the current proposal and the side setback proposed to the north-eastern boundary seeks a variation to Part C 1.3.2 of the DCP. The previous reports referred to IHAP are attached AT 3.

 

Referrals

 

N/A

 

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

 

The subject site is located within R2 – Low Density Residential zone in which dwelling houses are permissible.

 

The relevant aim of the Lane Cove LEP is to 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 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 revised proposal is considered to meet the above aim of the LEP.

 


Other Planning Instruments

 

State Environmental Planning Policy No 55 – Remediation of Land

 

The site was previously used for dwelling house.  There is no evidence that the site was contaminated by a 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.

 

Applicable Regulations

 

N/A

 

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

 

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 proposal is situated within a highly irregular site.  The proposal ground level comprises a nil setback to the north-eastern boundary.  This boundary adjoins the driveway of 1 Birriwa Place and as such reduced amenity by way of visual privacy is not anticipated. It is also considered that the proposed setback would not unreasonably impact upon the view corridor from 5 Birriwa Place achieved through the side setback of the subject site.

 

Response to Notification (Section 79C(1)(d))

 

Three (3) submissions were received in response to the notification period of the proposal.

 

Submission on Behalf of 5 Birriwa Place

 

The key matters in the submission which are relevant to the current proposal are summarised as follows:

 

The IHAP previously identified that both the original DA and initial S82A resulted in a bulky structure positioned at a high point of the site without apparent consideration of impacts upon adjacent properties. It appears this has not to have been satisfactorily addressed with the amended application.

 

The view corridor analysis submitted illustrates 5 Birriwa Place would retain a view corridor of 51% due to the design amendments proposed under the new S82A application. The drawing does not take into account the following:

 

·        ‘The view corridor identified by the applicant will be significantly obscured by the Magenta Lilli Pilli tree located along the northern boundary of No. 2 Birriwa Place, which is required to be retained.

·        The impact of the upper level terrace on the proposed view corridor has not been identified within the applicants view corridor analysis. This feature will obstruct the lower foreground section of the view to Woodford Bay. It is further noted that this terrace also contains planter beds containing vegetation, which could further impact upon the view corridor from No. 5 Birriwa Place.

·        Despite the reduced footprint of the ground floor level, due to the angle of the view from No. 5 Birriwa Place the view corridor to Woodford Bay has only marginally increased by approximately one (1) metre from the original S82A application.

 

The view corridor analysis submitted does not truly indicate the devastating view impact of the amended S82A on 5 Birriwa Place, only a narrow glimpse of Woodford Bay will be retained.

 

The terrace area should be set out with height poles so the true impact can be appreciated by the IHAP.

 

The proposed building continues to be positioned at a high point on the site and the bulk of the development is maintained along the north-east boundary. The nil side setback proposed on the north-eastern boundary of the site at ground floor level, which does not comply with Council’s setback controls, adds significantly to the bulk of the ground level structure when viewed from 5 Birriwa Place, further impacting on the views and therefore the amenity of 5 Birriwa Place.

 

An alternative design which detaches the garage from the dwelling and deletes the upper ground level, involving the relocation of one (1) bedroom, would significantly reduce the unacceptable view impacts to No. 5 Birriwa Place. This would involve:

 

·        Relocating the master bedroom to lower ground level; and

·        Repositioning the proposed parking towards the street as far as practical including consideration of car parking in a car port.

 

The amended S82A application has not satisfactorily addressed the reasons for refusal of the original DA and S82A and will result in demonstrable significant adverse impacts upon adjacent site.

 

View Loss

 

The living room, dining room and bedrooms together with the primary open space at No. 5 Birriwa Place have all been designed and positioned to take advantage of views to the south-west and west. The views are towards the Lane Cove River and Woodford Bay, including the land-water interface on the western side of the bay and are highly valued. Currently views are enjoyed through the site at No. 2 Birriwa Place and over the roof of No. 3A Birriwa Place.

 

Of those views, the most important are from the primary open space to the front of the dwelling and the living room at lower ground level and this has been recognised by IHAP.

 

The erection of height poles has demonstrated that, the development as proposed under the amended S82A application will have devastating view impacts on No. 5 Birriwa Place from the primary living area and the primary private open space including:

 

·      Views of Lane Cove River, including the land-water interface on the southern side of the river bank; and

·      Views of Woodford Bay, including the land-water interface on the south-western side of the bay.

 

The proposed terrace would obscure the majority of the view corridor identified by the applicant as being retained. A thorough analysis of this impact would be provided by the view impact assessment, prepared by R.A. Walls Constructions, which would be submitted to Council under separate cover.

 

It is requested that height poles demonstrating the height and location of the upper terrace level be erected at the site and be suitably certified. These height poles should remain at the site, together with the existing height poles, until such time as the IHAP have assessed the view impact of the amended S82A application. The proposal is not considered to meet the view loss principles.

 

The current proposal does 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.

 

Comment

 

The above concerns are noted. At the time of writing of this report the view impact assessment, prepared by R.A. Walls Constructions, had not been cited or submitted to Council.

 

The subject site is highly constrained due to its steep sloping nature, orientation, the presence of a protected tree and being situated within close proximity to several existing dwelling houses. The amendments are considered to improve the opportunity for 5 Birriwa Place to enjoy views over the subject site from the primary living areas.

 

Submission on Behalf of 3 Birriwa Place

 

The key matters in the submission which are relevant to the current proposal are summarised as follows:

 

Previous submissions have been made on behalf of the owners of 3 Birriwa Place to the IHAP in response to the likely unacceptable and severe impacts upon solar access to the site’s primary living area and recreational open space area.

The principle change relevant to 3 Birriwa Place in the current proposal compared to the original application are the proposal reduces the rearward extent of the uppermost level along the southern side boundary by 3m and the proposal introduces a terrace area to the southern side boundary.

 

The proposal continues to block midwinter solar access to the main living area windows and primary recreational open space of 3 Birriwa Place during the middle part of the day. The 3m reduction to the rearward extent of the upper level of the proposal along the southern side boundary reduces overshadowing by allowing solar access to the rearmost window of the upper level of 3 Birriwa Place.

 

The dwelling at 3 Birriwa Place is set well off the northern side boundary. The design of 3 Birriwa Place places its living areas at the upper level and relies upon the northerly aspect to receive adequate solar access.

 

It is possible for the design of 2 Birriwa Place to be such that it is set lower into the site in a similar fashion to 3 Birriwa Place.

 

The adverse impacts of the proposed development outweigh the beneficial impacts of retaining the protection of a tree.

 

It is possible to design a building that maintains acceptable impacts on amenity as was achieved with the pre-existing two storey dwelling house at 2 Birriwa Place.

 

The outcomes for 3 Birriwa Place as a result of the revised proposal are not materially different. It is the consultant’s opinion that the proposal would fail to comply with the Land and Environment Court Planning Principle.  

 

Comment

 

The determination made by the IHAP on the 2 June 2015 did not refuse the proposal as a result of amenity impacts resulting from insufficient solar access. In light of the determination being limited to the impact on views from 5 Birriwa place only, no further discussion is deemed necessary in this regard.

 

Submission from 1a Birriwa Place

 

It is unfortunate that the owners of 2 Birriwa Place were not permitted to cut down one tree to enable the dwelling to be dug into the hill in a similar fashion to 3 Birriwa Place. These measures would have resulted in a building of a similar height to 3 Birriwa Place and some view loss.

 

The property has lost most of the ground floor views of the bay. The height poles are imposing and concern is raised as to the appearance of the proposed dwelling and the loss of view.

 

The applicant should be able to excavate into the cliff and move the dwelling house further north so as to have less impact on views enjoyed by the affected neighbours.  

 

Comment

 

The IHAP decision did not include view loss from 1a Birriwa Place as being a reason for refusal.

 

Copies of the three (3) submissions received in response to the notification period were provided to the IHAP for their consideration.

 

CONCLUSION

 

The S82A application has been reviewed in accordance with Section 82A (2) of the Act. It is acknowledged that the current proposal 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 plans submitted with the S82A application provide for an increased view corridor through 2 Birriwa Place in which water views to Woodford Bay from 5 Birriwa Place could be enjoyed.

 

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

 

 

RECOMMENDATION

 

Pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, 1979, the determination of development consent refused on 2 June 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; and is submitted to Lane Cove Independent Hearing and Assessment Panel for review and determination.

 

In the event that IHAP seeks to approve this development application, the following draft conditions are provided should development consent be granted.

 

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 and prepared by Felton Constructions except as amended by the following conditions.

·   Site Plan, D01, Issue G, dated 11.06.15;

·   Ground, LG1, LG2, D02, Issue G, dated 11.6.2015

·   Roof Plan, Sec X, D03, Issue E, dated 11.6.2015

·   Elev A, B, C and D, Sec Y and Z, D04, dated 11.6.2015;

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

·   Landscape Concept with Drawing Number 2014.0902DA1-2, Issue B, dated 17 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 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.       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.       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; and

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.       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.       Prior to the issue of a Construction Certificate, a revised BASIX Certificate shall be submitted to the Private Certifying Authority demonstrating compliance with BASIX commitments.

 

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