Independent Hearing and

Assessment Panel Meeting

29 July 2015, 5:00pm

Independent Hearing and Assessment Panel 29 July 2015



PRESENT:                  Ms Kara Krason, Chair, Ms Lindsey Dey, Town Planner and Ms Maria Linders, Community Representative.


ALSO PRESENT:       Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Ms Rebecka Groth, Senior Town Planner and Angela Panich, Panel Secretariat.





The Chairperson advised those present that the Meeting was being webcast.


Independent Hearing and Assessment Panel Reports


63 Northwood Road, Northwood



The Independent Hearing and Assessment Panel determined to support the Section 82A application subject to an additional condition requiring the upper level balustrade to be replaced with a 1.2m high translucent or solid, non-metallic, non-reflective material. This is to be carried out as soon as practicable and the Council is to follow up appropriately current unauthorised works.


The decision was passed unanimously.


2 Birriwa Place, Northwood



THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grants development consent, by majority vote, 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:

1.      Deletion of south-western section of the deck as marked on the plans on the top floor  (ground plan).  The deck shall be marked on the plans as non-trafficable.

2.      Setback of bedroom 1 and stairwell by approximately 1 metre as marked on the plan to align with the southern wall of the double garage.

3.      An external privacy screen is to be installed on the stairwell window on the top floor (ground plan) level on the southern elevation to mitigate privacy impacts.

4.      The planter box shown on the top floor (ground plan) terrace is to be deleted as shown in red on the plans.

5.      Landscape screening is to be provided along the southern boundary adjacent to the dwelling which shall be detailed on the plans. 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE, amended plans reflecting the amendments detailed by the IHAP shall be submitted and endorsed by Council.

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; (as amended by IHAP)

·      Ground, LG1, LG2, D02, Issue G, dated 11.6.2015; (as amended by IHAP)

·      Roof Plan, Sec X, D03, Issue E, dated 11.6.2015; (as amended by IHAP)

·      Elev A, B, C and D, Sec Y and Z, D04, dated 11.6.2015; (as amended by IHAP)

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

·      Landscape Concept with Drawing Number 2014.0902DA1-2, Issue B, dated 17 September2014, prepared by TGS Landscape Architects. (as amended by IHAP)

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.


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%.


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.


§ 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.


The decision was a majority vote

For were Maria Linders and Lindsey Dey (Total 2)

Against was Kara Krason (Total 1).





The meeting closed at 7.40pm




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