Independent Hearing and Assessment Panel Meeting

1 September 2015, 5:00pm

Independent Hearing and Assessment Panel 1 September 2015



PRESENT:                  Hon David Lloyd, Chairman, Mr Kevin Hoffman, Planning Expert, Mr Steve Fermio, Environmental Expert, and Jane Blackmore, Community Representative


ALSO PRESENT:       Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Ms May Li, Senior Town Planner, Mr Andrew Thomas, Town Planner and Angela Panich, Panel Secretariat





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


Independent Hearing and Assessment Panel Reports


24 Robertson Street, Greenwich




That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, the Independent Hearing and Assessment Panel grants development consent to Development Application 49/15 for alterations and additions to the dwelling house including an upper floor level and attached rear decks, and alterations to the swimming pool concourse and detached garage subject to the following conditions:


1.         The western wall of the proposed main bedroom shall be relocated directly above the western wall of proposed sitting room No.2


2.         The proposed privacy screen to the deck on the lower floor and entry floor level shall be relocated to the northern side of the stairs.


3.         The roof over the deck on the entry floor level shall not extend southward beyond the relocated position of the privacy screen on that level.




4.         (20) That the development be strictly in accordance with drawing numbers DA01B, 02B and 05B, dated 19.6.15, by Michael Folk Architects and Interiors Pty Ltd except as amended by the following conditions.  




5.      In order to reduce potential overlooking of the neighbouring dwelling house to the south, at 22 Robertson Street, the following windows on the south façade are to be finished in obscure glass up to a height of 1.7m above the FFL of the respective room or, alternatively, the sill height of the window is to be raised to this same level:


·        W15 of Bedroom 3, and W11 of the WIR to the main bedroom. 


            In addition, and to achieve the same purpose, the following privacy measures are also required:


·    all of the staircase window above its landing on the entry level, is to be opaque glass; and,

·    a privacy screen with a height of 1.7m above its FFL is to be attached along all of the south side of the rear lower floor level deck; and,

·    a privacy screen 1.7m above its FFL is to be attached along the extended portion of the existing footpath along the site’s southern side boundary.


            Further, and in order to reduce its entertainment potential and so increase the acoustic privacy to this same property and comply with cl. 1.8.2 c) of the DCP 2009, the depth of the extended part of the rear entry level deck adjoining the sitting room and in front of the kitchen is to be reduced to 3m.




6.      In order to reduce potential overlooking of the dwelling house and front yard of the adjoining property to the north, at 26 Robertson Street, the following privacy measures are required:


·    all of the middle window of the entry level study (i.e. window 5b) is to have an opaque finish, and the window is to be an awning/hopper-style that only opens at the bottom; and

·    the angle of the louvre/blind of the north facing window of bedroom 4 (window W19) is to be fixed.




7.         In order to reduce the potential of the rumpus room at the lower floor level being     used as a separate dwelling, its kitchenette is to be deleted. This area may be shown as a wet bar. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.  




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


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


10.       (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.


11.       (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 $5,000 OR CONSTRUCTION WORKS LESS THAN $20,000.


12.       (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house, garage and swimming pool.


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


Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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


            A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site.


14.       (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.


15.       (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.


16.       (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.


17.       (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.


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


19.       (52) The swimming pool being surrounded by a permanent child – resistant barrier:-


a) that forms a barrier between the swimming pool; and


i)   any residential building or movable dwelling situated on the premises; and

ii)  any place (whether public or private) adjacent to or adjoining the premises; and


b) that is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926.1 – 2012 Swimming Pool Safety, Part 1: Safety barriers for swimming pools.


      ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

            The register can be found at www.swimmingpoolregister.nsw.gov.au.


20.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.


The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".


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


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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         The swimming pool safety fence and the provision of the resuscitation poster prior to             the use of the swimming pool.

i)          Stormwater drainage lines prior to backfilling

k)         Completion.


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


b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing.


23.       (58) Structural Engineer's Certificate being submitted certifying that existing dwelling house  is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.


24.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.


25.       (61)  All timbers complying with Timber Framing Code AS 1684-79.


26.       (62) All glazing is to comply with the requirements of AS 1288.


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


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


a)         Dampcourse level;

b)         The establishment of the upper floor level;

c)         The roof framing; and

d)         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.


29.       (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 


If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.


30.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.


31.       (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.




32.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.


            This requirement is satisfied by:-


(a)        Smoke alarms installed in—


            (i)         Class 1a buildings in accordance with of the Building Code of Australia; and

            (ii)        in Class 1b buildings in accordance with and of the Building Code of Australia

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.


Location – Class 1a Buildings (dwellings)


Smoke alarms must be installed in a Class 1a building on or near the ceiling in—


(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.


33.       (70) Protection of the dwelling house against subterranean termites must be carried out in accordance with AS.3660.


34.       (72) The demolition works being confined within the boundaries of the site.


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


36.       (74) All demolition works being completed within a period of three (3) months from the date of commencement.


37.       (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 7m from the specified item.


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


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


40.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.


41.       (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan submitted under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.


42.       (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.


43.       (141) Long Service Levy Compliance with s.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%.




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


45.       (144) No excavation, other than that indicated in the approved plans, shall be carried out without receiving specific Council approval.


Tree Preservation  


46.    (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.


47.    (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 40mm in diameter.


48.    (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.


49.    (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.




50.    (306) All materials brought onto the site must be weed free.


51.    (307a)  Any weeds listed under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to Council’s website www.lanecove.nsw.gov.au for further information.


52.    (308)  Rubbish must be stored in a locked container/cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.


53.    (321)  There shall be no access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.


54.    (332)  During construction/landscaping the adjoining public bushland area must be kept clean of all building materials and rubbish.  Any rubbish that is blown into these areas must be immediately cleaned up.




55.    (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.


56.    (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.


57.    (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.


58.    (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.


59.    (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.


60.    (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.


61.    (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS1742.3, ’Part 3 - Traffic control devices for works on roads’.


62.    (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.


63.    (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.


Engineering Conditions to be Complied with Prior to Construction Certificate


64.       (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with AS 3500 and Part O of Council's DCP-Stormwater Management.


The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O of Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.


Where an existing element does not comply with current standards the subject element is to be replaced.


Where the existing system does not comply with Part O of Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with AS 3500 and Part O of Council's DCP-Stormwater Management.


65.    (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3,000 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



66.    (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


67.    (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 approved drawings, the relevant Australian Standards and Part O of Council’s DCP-Stormwater Management.



68.    A Construction Management Plan must be lodged with Council prior to the issue of a Construction Certificate. As per the requirements under Part R of Council’s DCP 2009, this plan is to address (but not necessarily be limited too) issues relating to the movement of construction vehicles to and from the site, safe access of construction vehicles and any conflict with other road users on Robertson Street.


69.    In order to ensure unimpeded vehicular access to neighbouring properties, the applicant is to submit a written request to Council’s Traffic Engineer at least six weeks prior to the issue of a Construction Certificate to change the existing ‘No Parking’ sign (opposite the subject site) to a ‘No Stopping’ sign.



The Panel’s decision was unanimous.



S96-51 Northwood Road, Northwood



Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel refuses consent to the amendment to the development consent DA72/2013 granted on 26 November 2013 for the construction of a dwelling house, a carport and a swimming pool on Lot 12, DP 734705 and known as 51 Northwood Road, Northwood for the following reasons:-

1.         The changes would result in the development not being substantially the same as the original consent;

 2.        The various changes would result in an unacceptable adverse impact on the amenity of the adjoining properties with regards to additional overshadowing, additional loss of privacy and additional loss of views;

3.         The various changes would result in the development exceeding the maximum permitted development standards of building height and floor space ratio for the site under the provisions of the Lane Cove LEP 2009; and








Building height 9.5m

9.2m with pitched roof

9.7m with a flat roof

10.7m (over the proposed pergola)


Does not comply

FSR 0.5:1




Does not comply

The lengths of slabs shown on Section A-A

Lower Ground Level: 13.6m (from Plant room to terrace)



Ground Level: 22.1m

(from the carport to rear terrace planter box)



First Floor: 12.9m (from the En-suite to roof of the dining)





























Additional 3.1m to the DA, (2.4m towards to the front and 0.7m towards to the rear boundary)


Additional 2m to the rear boundary comparing with DA





Additional 1.5m to the rear boundary comparing with DA

The lengths of the slabs shown on Section B-B

Lower Ground Level: 11.6m (from the plant room to the stair wall)


Ground Level: 16m (from the study to planter box edge)


First Floor: 12.2m (from the WIR to the roof line over the Lounge

























Additional 5.2m to the DA (towards to the front boundary)




Additional 3.4m to the rear comparing with DA



Additional 2.0m to the rear comparing with DA



4.         Compliance with the development standards is neither unreasonable nor unnecessary nor is the proposed development consistent with the objectives of the particular standards or the objectives for development within the zone.



The Panel’s decision was unanimous



The meeting closed at 7.40pm.



********* END OF MINUTES *********