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Agenda

Independent Hearing and Assessment Panel Meeting

13 October 2015, 5:00pm

 


 

Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, 48 Longueville Road Lane Cove on Tuesday 13 October 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 13 October 2015

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

 

public forum

 

Members of the public may address the Panel to make a submission.

 

 

CONFIRMATION OF MINUTES

 

1.      INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 6 OCTOBER 2015

 

 

 

Independent Hearing and Assessment Panel Reports

 

2.      14 Haughton Street, Linley Point

 

3.      37 Arabella Street, Longueville

 

4.      43-47 Kenneth Street, Longueville

 

Orders Of The Day  

 

 

 

 

 


 

Independent Hearing and Assessment Panel   13 October 2015

14 Haughton Street, Linley Point

 

 

Subject:          14 Haughton Street, Linley Point    

Record No:     DA15/42-01 - 45814/15

Division:         Environmental Services Division

Author(s):       May Li 

 

 

 

EXECUTIVE SUMMARY

 

The site is located on the southern side of Haughton Street in Linley Point.  Surrounding developments are comprised of single dwelling houses.  

 

The proposal is for the demolition of the existing dwelling house and construction of a new dwelling house with a swimming pool. 

 

The proposed development is permissible within the zone. 

 

The original design did not meet the building height standard of the Lane Cove Local Environmental Plan 2009.  The rear section of the original proposed building would adversely impact the Sydney Harbour Bridge as viewed from the living room at 18 Haughton Street, Linley Point. 

 

Concern as to the potential loss of significant views from the neighbouring property were raised with the applicant during the assessment process and an amended design was submitted to reduce the footprint of the first floor and the roof plan of the proposed building. 

 

The amended proposal now meets the building height and the floor space ratio (FSR) standards in accordance with the provisions of Lane Cove Local Environmental Plan 2009 (LEP).  The proposal meets relevant provisions of Lane Cove Development Control Plan (DCP) with the exception of external wall height and number of storeys.

 

The owners of nearby properties at Haughton Street have also raised objection to the amended proposal. The concerns relate to potential water view loss from their property.  The submission request the proposed building be redesigned to address their concerns. 

 

Council’s development engineer has advised that the proposed design does not adequately address the provisions of Part O – Stormwater Management of the Lane Cove Development Control Plan and has recommended the application for a deferred commencement consent which requires the applicant to obtain an inter-allotment drainage easement from a downstream property to drain the stormwater from the proposed new dwelling to the foreshore prior to activation of the consent.

 

Given the view loss concerns raised by neighbours, the development application is referred to Council’s Independent Hearing and Assessment Panel for consideration and determination. 

 

PROPERTY INFORMATION

 

Property:

14 Haughton Street, Linley Point

DA No:

DA 42/2015

Date Lodged:

9 April 2015

Cost of Work:

$861,000.00

Owner:

M, L and N Gupta

Applicant:       

M Gupta

DESCRIPTION OF THE PROPOSAL

 

Description of the proposal to appear on determination

Demolition of all existing structures and construction of a new dwelling house and a swimming pool

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 and 10b

Stop the Clock used

Yes – 72 days

Notification

Refer to the notification list in the file

 

SITE

 

Property

Lot No. 1, DP No. 15192

Area

815.7m2

Site location

The southern side of Haughton Street between Brooks Street to the east and Linley Place to the west

Existing improvements

A Part 1 and part 2 storey dwelling house is located on the site

Shape

Irregular as the site falls from its north-western corner at the front to the south-eastern corner at the rear by approximately 10.42m.

Dimensions

Width: 15.24m at the front and 16.072m at the rear

Depth: 50.98m at the eastern boundary and 56.084m at the western boundary

Adjoining properties

East: A two storey dwelling house at 10 Haughton Street

West: A single storey dwelling house at 16 Haughton Street

North: Haughton Street, beyond which are two storey dwelling houses.

South: A two storey dwelling house located on 12 Haughton Street. 

 

PREVIOUS APPROVALS/HISTORY

 

There is no previous development consent relating to the subject site in Council’s records.  Given the proposal involves the demolition of all existing structures on the site, the previous development applications lodged for the site would not be relevant to the current development proposal.  Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PROPOSAL

 

The proposal involves demolition of the existing dwelling house and construction of a new dwelling house and a swimming pool.  The proposed dwelling house comprises 3 levels:

 

Basement Floor

 

·          A bathroom

·          A double garage with carport

·          A gym

·          A rumpus

·          Hallway, Lift and storage area

·          Cabana with a bathroom, and

·          Swimming pool.

 

Ground Floor

 

·          Foyer

·          Dining & Living

·          Kitchen

·          Laundry

·          2 bedrooms

·          2 Bathrooms

·          Prayer room

·          Lift and

·          Outdoor terrace

 

First Floor

 

·          2 Bedrooms

·          2 Bathrooms

·          A sitting room

·          Lift and

·          Outdoor terraces

 

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density                                 Site Area:       815.7m²

 

 

Proposed

Control

Complies

Floor Space Ratio

0.48:1

0.5:1

Yes

Height of Buildings

9.2 m

9.5m

Yes

 

Note:

 

The floor area of the cabana was not included in the FSR calculation as the structure is open to pool decking area.  The proposed FSR would exceed the LEP standard if the cabana is enclosed and would then be included in the FSR calculation.  A condition requiring the cabana to remain open to ensure compliance with the FSR standard would be included in the draft conditions of consent (Condition 2 (a)).

 

The carport located in front of the proposed garage is conditioned to remain open to ensure compliance with the FSR standard of the LEP (Condition 2(b)).

 

 

Lane Cove Development Control Plan (DCP)

 

 

Proposed

Control

Complies

Front setback (min)

6m

Consistent with area

Yes

Secondary street setback (corner lots)

N/A

2m

N/A

Side setback (min)

1.5m

1.5m for two storey

Yes

Rear setback (min)

16.4m

<1000m²: 8m or 25%

(Min14m required)

Yes

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

7.6m

7.0m

No

However, this is only a small section of the building with a length of 2.1m which would exceed the external wall height requirement due to the slope of the land. 

Maximum Ridge height

9.2m

9.5m

Yes

Subfloor height (max)

Nil

1.5m

Yes

Number of Storeys (max)

3

2

No

However there is a small section of the building with a length of 2.1m which contains three storeys and is considered reasonable.

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

42.3%

35%

Yes

Foreshore Building Line (min)

N/A because the dwelling house on 12 Haughton Street is located to the rear of the site

N/A

N/A

Cut and Fill (max)

3.5m

1m

No, however considered reasonable given the fall of the site.

Solar Access

The north facing windows of the proposed dwelling house and the adjoining dwelling houses would receive more than 3 hours of sunlight between 9am – 3pm in mid winter

3 hrs to north-facing windows

Yes

Provide for view sharing

The amended proposal deleted a room towards the rear to allow for  Proposed

Required

Yes

Deck/Balcony depth (max)

6.5m

3m

No

However, A planter box is proposed at the western edge of the first floor terrace to minimize the over looking impact upon the adjoining properties to the west.

 

Private open space

280m2

24 m² (min)

4m minimum depth

Yes

Basix

Certificate Submitted

Required

Yes

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

4 (A double garage + a double carport)

Minimum 2

Yes

Driveway width

3.4m

3m at the lot boundary

No. To be conditioned to comply (Condition 2(c))

 

Private Swimming Pools

 

 

Proposed

Control

Complies

Setback to Neighbour’s House (min)

6m to 10 Haughton Street, Linley Point

3m to waterline

Yes

Setback to boundary (min)

1.5m

1m to waterline

Yes

Height (max)

(steeply sloping sites)

1.35m on a sloping site

1.8m

Yes

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

0.91m

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

Yes

 

Outbuildings

 

 

Proposed

Code

Complies

Overall Height (m) (max)

4.7m

3.6m

No

 

External wall height (max)

4.1m

2.4m

No

Maximum floor space

30m2

50 m²

Yes

No of Storeys

1

1

Yes

Setback of windows from boundaries (min)

N/A

There is no window proposed along the side boundary

0.9m

N/A

 

 

REFERRALS

 

Development Engineer

 

Council’s development engineer has advised that the proposed stormwater management plan does not meet the provisions of Part O – Stormwater Management of the Lane Cove Development Control Plan.  The development application is recommended as deferred commencement consent subject to a condition which requires the applicant to obtain an inter-allotment drainage easement from a downstream property to drain the stormwater from the proposed new dwelling to the foreshore prior to activation of the consent.

 

Tree Assessment Officer

 

Council’s tree assessment officer has reviewed the proposal and advised the proposed development indicates the removal of two small trees and the retention of one small Cheese tree. No objection has been raised for the removal of the two small trees. Conditions which require the retention of the street tree and the adaptation of the proposed landscape plan have been included in the draft conditions of consent.

 

There are no trees on the neighbouring properties that would be affected by the proposed development and there are no street trees in front of the site.

 

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

 

The proposal is permissible, complies with the development standards for Floor Space Ratio and height and does not raise any issue in regard to the Lane Cove Local Environmental Plan 2009.

 

Other Planning Instruments

 

SEPP 55 Remediation of Land

 

The subject site and adjoining sites are zoned for residential purposes. Given the previous use of the site being a dwelling house, it is unlikely that the site would be contaminated.

 

APPLICABLE REGULATIONS

 

The Environmental Planning and Assessment Regulation 2000 indicates that the standards for demolition and removal of materials should meet with AS 2601-2001 and therefore any consent would require the application of a relevant condition seeking compliance with the Standard.

 

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

 

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

 

Proposed

Control

Comment

Council support

Dwelling

 

Wall height 7.6m

 

7.0m

The eastern wall of the dwelling house on the ground and first floor levels is located on the edge of the cliff and rest of the building meets the wall height requirement.  The length of the section of the building exceeding the wall height is 2.1m shown of the section B-B and C-C. 

Yes

3 storeys proposed

2

The site has a 10m fall from the north-western corner to the south-eastern corner.  The building has been designed having regard to the topography of the site.  A small section with a length of 2.1m comprises 3 storeys due to the sharp fall of the site which is reasonable and the minor non compliance is due to site characteristics. The overall height of the building meets the LEP standard.

Yes

Excavation 3.5m

Less than 1m

The excavation is proposed to accommodate the garage level with pool decking towards the rear of the site. 

Yes

Terrace with a width of 6m

3m

A wider terrace on the first floor has been created because of the request to delete a bedroom on the first floor for the view sharing of the Sydney Harbour Bridge and Lane Cove River from the living room of 18 Haughton Street. 

 

The proposed terrace on the first floor provides a partial roof for the ground level of the proposed dwelling house.

 

A 1m wide planter box is proposed at the western edge of the terrace to minimise the overlooking impact to the adjoining properties.

 

Yes.  A condition restricting the maximum height of the plants in the planter box being 0.5m would be included in the conditions of consent to ensure the view share (Condition 2(d)). 

Driveway width 3.4m

3m on the boundary

The compliance is able to be achieved by an amendment to the driveway.

 

No.  To be conditioned to comply.

 

Outbuilding height 4.7m

3.6m

The non-compliance is due to the steep nature of the site. The outbuilding would not create any adverse impact upon the amenity of the adjoining properties. The size and design of the outbuilding is considered reasonable and is supported.   

Yes

Outbuilding wall height 4.2m

2.4m

Same reason as above

Yes

 

 

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

 

The development proposal was notified in accordance with Council’s notification policy.  The initial proposal was notified between 21 April 2015 and 5 May 2015.

 

The original proposal exceeded the building height standard of the LEP.  The rear section of the building comprising a bedroom would have blocked the view to the Sydney Harbour Bridge and Lane Cove River from the living room of 18 Haughton Street, Linley Point. 

 

The applicant was requested to delete the bedroom on the first floor towards the rear of the original proposal to reduce the bulk of the proposed building for view sharing. 

 

The amended plans were submitted to Council on 26 May 2015 and were re-notified between 29 May 2015 and 12 June 2015.  12 submissions from 4 nearby neighbours were received in response to the notification of the amended plans.  All submissions raised objections to the amended proposal. 

 

The concerns raised in the submissions are summarised as follows:

 

 

Concern

Officer’s Comment

The dwelling does not have a pitched roofed and is not entitled to 9.5m height under the DCP. 

The maximum permitted building height for the site is 9.5 in accordance with the LEP.  The proposed dwelling house meets the building height standard of the LEP.

 

The FSR calculation is incorrect because the whole garage has been excluded from the FSR calculation.

The applicant has submitted amended plans by creating a double carport in front of the garage and reducing the size of the proposed garage.  The proposal meets the FSR standard of the LEP. 

 

The owner of 9 Haughton Street states that the proposed building should not be higher than the ridge of the existing house and proposed building would block their view to the south

9 Haughton Street is located at the northern side of Haughton Street and the property enjoys views of Lane Cove River and the Sydney Harbour Bridge which are located towards to the east of the site.  The proposed development would not affect the significant view to the Sydney Harbour Bridge and the loss of the water view to the south is considered reasonable in the circumstance. 

 

Roof terrace and decks above the upper storey are prohibited

The rear yards of the properties on the southern side of Haughton Street are over looked by the neighbouring properties due to the topography of the area. 

 

The upper level terrace has been created by the deletion of a bedroom for view sharing from the adjoining property at 18 Haughton Street, Linley Point.  A planter box at the western edge of the first floor terrace is proposed to minimise overlooking impact to the adjoining properties. 

 

CONCLUSION

 

The matters in relation to Section 79 C of the Environmental Planning and Assessment Act 1979 have been satisfied.

 

The application meets the Floor Space Ratio and Building Height controls as required in the Lane Cove Local Environmental Plan 2009 and generally meets with the Part C Residential Development Objectives of the Lane Cove Development Control Plan.

 

The original design exceeded the 9.5m building height standard towards the rear and would have caused significant view loss from 18 Haughton Street which is considered of high value and significant.  After discussions with Council assessment officers, the applicant and the owners of the 18 Haughton Street, Linley Point, submitted amended plans reducing the height of the building towards the rear by substantial reduction of the first floor plan. 

 

The amended design meets the building height and the FSR standard of the LEP.  The variations to the DCP provisions relating to the wall height and the number of storeys of the building are minor and considered reasonable. The amended design meets the objectives of the DCP relating to view share provisions and is supported. 

 

On balance the proposed development is considered to be reasonable and is recommended for deferred commencement approval which requires the applicant to obtain an inter-allotment drainage easement from a downstream property to drain the stormwater from the proposed new dwelling to the foreshore prior to activation of the consent.

 

 

RECOMMENDATION

 

A.        That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred development consent to Development Application 42/2015 for the demolition of all existing structures, construction of a dwelling house and a swimming pool on Lot 1, DP 15192 and is known as 14 Haughton Street, Linley Point subject to the following:

 

  1. Documentary evidence demonstrating the applicant has been granted permission for an interallotment drainage easement from a downstream property owner to drain the stormwater from the proposed new dwelling to the foreshore.

 

Approval must be submitted to Council within 12 months of the granting of this deferred commencement consent. Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

 

B.        Subject to A. above being satisfied, a development consent and plans be issued, subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with the following drawings dated 18.02.2015, prepared by Teknicon Design Pty Ltd except as amended by the following conditions.

 

-        Site Plan, DWG No. DA01, Issue D, dated 25.8.2015;

-        Proposed Basement Floor Plan, DWG No. DA02, Issue E, dated 10.07.2015;

-        Proposed Ground Floor Plan, DWG No. DA03, Issue C, dated 19.05.2015;

-        Proposed first Floor Plan, DWG No. DA04, Issue E, dated 25.08.2015;

-        Proposed Cabana/Pool Plan, DWG No. DA05, Issue C, dated 19.05.2015;

-        Proposed Roof Plan, DWG No. DA06, Issue D, dated 25.08.2015;

-        Proposed North elevation, DWG No. 07, Issue E, dated 25.08.2015;

-        Proposed West Elevation, DWG No. 08, Issue D, dated 25.08.2015;

-        Proposed south Elevation, DWG No. 09, Issue D, dated 25.08.2015;

-        Proposed East Elevation, DWG No. DA10, Issue E, dated 28.08.2015;

-        Proposed Section A-A DWG No. DA11, Issue D, dated 25.08.2015;

-        Proposed Section B-B, DWG No. DA12, Issue D, dated 25.08.2015;

-        Proposed Section C-C, DWG No. DA13, Issue E, dated 25.08.2015;

-        Proposed Section D-D, DWG No. DA14, Issue D, dated 25.08.2015.

 

2.         Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate

 

 

(a)         The design of the cabana must be remained open to the pool decking area.

(b)         The double carport located in front of the garage shall not be enclosed and converted into garage/storage.

(c)         The maximum width of the vehicle crossing at the property front boundary to Haughton Street is 3m. 

(d)         The maximum height of the plants in the planter box on the first floor terrace shall not exceed 0.5m from the top of the planter box. 

(e)         The Landscape Plan, 5110-01, Issue A, prepared by Peter Glass & Associates, dated 06/03/2015 shall be amended in accordance with the approved architectural plans. 

 

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

 

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

 

5.         (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.

 

6.         (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.

 

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

 

8.         (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.

 

9.         (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.

 

10.       (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.

 

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.       (51) 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.

 

15.       (52) The swimming pool being surrounded by a fence:-

 

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 – 2012, “Swimming Pool Safety”.

 

 

SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL

 

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.

 

16.       (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

17.       (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".

 

18.       (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

 

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

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

b)      All reinforcement prior to filling with concrete.

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

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

e)      Installation of steel beams and columns prior to covering.

f)       Waterproofing of wet areas.

g)      Pool reinforcement prior to placement of concrete.

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

i)       Stormwater drainage lines prior to backfilling.

j)       Completion.

 

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

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork; and

f)          upper level floor framing.

 

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

 

22.       (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.

 

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

a)         The establishment of 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.

 

24.       (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.

 

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

 

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

 

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

 

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

 

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

 

30.       (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.

 

31.       (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 instalments, the first instalment 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.

 

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

 

General Engineering Conditions

 

33.       (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.

 

34.       (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. 

 

35.       (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.

 

36.       (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.

 

37.       (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.

 

38.       (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.

 

39.       (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’.

 

40.       (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

 

41.       (D1) Drainage Plans New: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be 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, Council's DCP-Stormwater Management.

 

42.       (E1) Proposed use of a drainage easement: Documentation demonstrating that the property benefits from a drainage easement is to be submitted to the Principal Certifying Authority prior to the issue of Construction Certificate.

 

43.       (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

(a)   seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

(b)   detail what measures are to be taken to protect those properties from undermining  during construction

(c)   provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties

 

The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.

 

(d)   Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

 

All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

44.       (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.

 

45.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3000 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. Lodgment 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. 

 

Tree Preservation Conditions

 

48.       (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.

 

49.       (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.

 

50.       (317) The Cheese tree at the rear of the site must be protected A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 2.4 m from the trunk of the Cheese tree marked on the plans for retention. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.

 

51.       (new) A waterproof sign must be placed on the tree protection zone stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

52.       (new) Tree protection measures and signage must be erected PRIOR TO COMMENCEMENT OF WORK. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development.

 

53.       (354)  Footing, trench or excavation that is within 3 m 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.

 

54.       (new) The Landscape Plan by Peter Glass and Associates Landscape Architects (Dwg No: 5110-01) dated 06/03/15 is to the satisfaction of Council and must be adopted as part of the development consent. 

 

55.       (new) All proposed hedging plants at the rear of the site must be of such a species that they may be maintained at a mature height that does not block or impair existing views from neighbouring properties.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan and letter

2 Pages

 

 

 


 

Independent Hearing and Assessment Panel   13 October 2015

37 Arabella Street, Longueville

 

 

Subject:          37 Arabella Street, Longueville    

Record No:     DA15/89-01 - 47288/15

Division:         Environmental Services Division

Author(s):       May Li 

 

 

 

EXECUTIVE SUMMERY

 

The subject site forms part of St Aidens Anglican Church located at the north-western corner of Arabella Street and Francis Street, Longueville.  The proposal involves the demolition of an existing rectory and construction of a new rectory for the Church.

 

The proposed development is permissible within the zone. The proposal meets the building height and the floor space ratio (FSR) standards in accordance with the provisions of Lane Cove Local Environmental Plan 2009 (LEP).  The proposal meets all relevant provisions of Lane Cove Development Control Plan (DCP). 

 

The owners of an adjoining property at 35A Arabella Street, Longueville raised objections to the proposal. The concerns raised relate to the view loss from their property and the use of the rear portion of the subject site as a memorial garden by the church.  The submission requested that the proposed building be redesigned to address their concerns. 

 

The application recommended for approved subject to draft conditions.

 

Given the concerns raised by the neighbour, the development application is referred to Lane Cove Independent Hearing and Assessment Panel for a determination. 

 

PROPERTY INFORMATION

 

Property:

37 Arabella Street, Longueville

DA No:

DA 89/2015

Date Lodged:

23 June 2015

Cost of Work:

$768,420.00

Owner:

Anglican Church Property Trust Diocese of Sydney

Applicant:       

Planning Approvals

 

Description of the proposal to appear on determination

Demolition of the existing rectory (dwelling house) and construction of a two storey rectory (dwelling house)

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 and 10b

Stop the Clock used

Yes – 2 days

Notification

The application was notified in accordance with Council’s Notification Policy

 

SITE

 

Property

Lot No. 5, DP No. 2459

Area

870.5m2

Site location

The subject site is located toward the western side of Arabella Street between Ann Street to the north and Francis Street to the south

Existing improvements

A 2 storey rectory (dwelling house)

Shape

Rectangular

Dimensions

Width: 15.24m (Front and rear). 

 

Depth: 57.125m at the northern boundary and 57.11m at the southern boundary.

 

Adjoining properties

East: Arabella Street, then dwelling houses along the eastern side of Arabella Street

 

West: A dwelling house located at 4 Christina Street

 

North:  Two dwelling houses located at 35 and 35A Arabella Street, Longueville.  35 Arabella Street is a heritage item with local heritage significance.

 

South: St Aidens Anglican Church at 39 Arabella Street, Longueville

 

PREVIOUS APPROVALS/HISTORY

 

DA 10/2006

Alteration and addition to the church hall and the rectory at 37-39 Arabella Street, Longueville was granted consent on 5 January 2007.

 

BA 264/1995

Alteration and addition to the rectory at 37 Arabella Street was granted consent on 8 August 1995.

 

The previous consents for the alterations and additions to the rectory are not relevant to the current development proposal which involves demolition of the existing building and construction of a new rectory.  Site  Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL

 

The proposal involves demolition of an existing rectory (dwelling house) and construction of a new rectory (dwelling house) on the site.  The rectory (dwelling house) would comprise:

 

Ground Floor:

 

·    Entry, dining, family, lounge, kitchen, laundry, powder, study, alfresco and double garage.

 

First Floor:

 

·    4 bedrooms, 2 bathrooms, rumpus and alfresco.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density                                 Site Area:                               870.5m²

 

 

Proposed

Control

Complies

Floor Space Ratio

0.41:1

0.5:1

Yes

Height of Buildings

8.8 m

9.5m

Yes

 

Lane Cove DCP

 

 

Proposed

Control

Complies

Front setback (min)

8.61m

Consistent with area or 7.5m

Yes

Secondary street setback (corner lots)

N/A

2m

N/A

Side setback (min)

1.5m to the northern boundary

1.2m to the southern boundary

 

1.5m two storey

Yes

 

No

Rear setback (min)

28m

<1000m²: 8m or 25%

14.2m min

Yes

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

6.5m

7.0m

Yes

Maximum Ridge height

8.8m

9.5m

Yes

Subfloor height (max)

Nil

1.5m

Yes

Number of Storeys (max)

2

2

Yes

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

63%

35%

Yes

Foreshore Building Line (min)

N/A

N/A

N/A

Cut and Fill (max)

0.8m

1m

Yes

Solar Access

More than 3 hours

3 hrs to north-facing windows

Yes

Provide for view sharing

Proposed

Required

Yes

Heritage Conservation

The site is not listed as a heritage item.  However, it is adjacent to a heritage item located at 35A Arabella Street

Heritage impact assessment is required as part of the assessment. 

Yes

The proposal would not have any significant detrimental impact to the adjacent heritage item.

Deck/Balcony depth (max)

4m wide alfresco facing to the street on the first floor

3m

Acceptable given that the proposed alfresco is located at the front of the dwelling house facing the front garden area and Arabella Street

Private open space

445m2

 

15.24m

24 m² (min)

 

4m minimum depth

Yes

Yes

Basix

Submitted

Required

Yes

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

2

2

Yes

Driveway width

3.5m

3m at the lot boundary

No

To be conditioned to comply

 

REFERRALS

 

Development Engineer

 

The application has been reviewed by Council’s development Engineer. No objections have been raised subject to recommended draft conditions.

 

Tree Assessment Officer

 

The application has been reviewed by Council’s Tree Assessment Officer. No objections have been raised subject to recommended draft conditions.

 

Environmental Health

 

The application has been reviewed by the Manager Environmental Health who raised no concerns. The application was referred to the NSW depart of health and no concerns have been raised.

 

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

 

The proposal is permissible under Lane Cove Local Environmental Plan 2009. The proposal complies with the development standards of Floor Space Ratio and Height. The proposal does not raise any issue in regard to the Lane Cove Local Environmental Plan 2009.

 

Other Planning Instruments

 

SEPP 55 Remediation of Land

 

The subject site and adjoining sites are zoned for residential purposes. Given the type of uses permissible within the residential zones, it is unlikely that the site would be contaminated.

 

APPLICABLE REGULATIONS

 

The Environmental Planning and Assessment Regulation 2000 indicates that the standards for demolition and removal of materials should meet with AS 2601-2001 and therefore any consent would require the application of a relevant condition seeking compliance with the Standard.

 

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

 

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

 

Proposed

Control

Comment

Council support

1.2m side setback to the southern boundary

1.5m side setback for 2 storey dwelling house

The subject site forms part of St Aidens Anglican Church.  The proposed building would be used as a rectory (dwelling house) and the rear yard has been used for a memorial garden of the church.  The church building is located to the south of the proposed building and separation between the church and the proposed rectory is approximately 3.2m.  The variation to the DCP provision would not create any adverse impact to the church building to the south.

 

Yes

 

There would be sufficient separation between the church and the proposed building. 

The variation would not create any adverse impact to the adjacent site to the south being the church.

 

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

 

The development proposal was notified in accordance with Council’s notification policy between 30 June 2015 and 14 July 2015.

 

Three submissions from the owners of 35A Arabella Street, Longueville were received in response to the notification of the development proposal. 

 

The concerns raised in the submissions are as follows:

 

·    View loss

 

The submission states that the view loss resulting from the proposed development would include city skyline which is currently obtained from the main living area on the first floor of the dwelling house. 

 

Comment

 

The NSW Land and Environment Court has established the view sharing planning principle relating to the view impact caused by proposed developments.  The assessment of the view loss impact from the proposed development to 35A Arabella Street has been assessed as the follows: 

 

The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

Assessment:

 

The outlook from the living area on the first floor of 35A Arabella Street includes a view of the Sydney Harbour Bridge, Centre Point Tower and city skyline over Woodford Bay.  The view is considered of high value to the amenity of 35A Arabella Street, Longueville.

The second step is to consider from what part of the property the views are obtained.  For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant.  Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

Assessment:

 

The view to the Sydney Harbour Bridge, Centre Point and most of the city skyline from the living area of 35A Arabella Street would not be affected by the proposed building which is located to the south-eastern side of 35A Arabella Street.  The marginal view of the water and city skyline which would be affected by the proposed building are currently obtained over the existing single carport across the site boundary of the subject site.  The proposal would not affect the majority of water and iconic views currently enjoyed by the occupants of 35A Arabella Street.

 

The third step is to assess the extent of the impact.  This should be done for the whole of the property, not just for the view that is affected.  The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them).  The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

Assessment:

 

Views of the Sydney Harbour Bridge, Centre Point Tower, majority of the city skyline and the water view from the living area of 35A Arabella Street would be retained.  View loss of the water and city skyline is considered minor. 

 

The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

Assessment:

 

The proposal meets all relevant provisions of Lane Cove Local Environmental Plan and the requirements of Lane Cove Development Control Plan except the side setback to the south boundary which was supported by the objectors.  The proposed design is therefore considered acceptable and the view impact to the adjoining property acceptable.

 

·    The rear part of the site has been used for the memorial garden and the internment of human ashes.

 

Comment

 

The memorial garden is considered as a landscaped area of the site.  The church has advised Council that the garden in question forms an important and an integral part the church grounds, and has done so for decades.  Occasionally, church members prefer that the ashes of a deceased parishioner be scattered in the church’s garden.  This unremarkable activity is part of being a church, and is not uncommon with many other churches in Sydney and beyond, where a deceased person’s ashes are often scattered in church ground. 

 

Council’s Environmental Health Manager raised no concerns relating to any health issues as a result of such an activity.  The proposed development would not alter the current use of the site as a church and the proposed building would be used as a rectory. 

 

·    There are incorrect factors relating to the living area and the view loss impact to 35A Arabella Street, Longueville in the Statement of Environmental Effects submitted with the development application.

 

Comment

 

The applicant has submitted an amended Statement of Environmental Effects.  The amended statement has been taken into consideration as part of the above assessment. 

 

CONCLUSION

 

The matters in relation to Section 79C of the Environmental Planning and Assessment Act 1979 have been satisfied.

 

The application complies with the Floor Space Ratio and Height standards of the Lane Cove Local Environmental Plan 2009 and generally meets with the Part C Residential Development objectives within the Lane Cove Development Control Plan.

 

The concerns raised by the owners of the adjoining property at 35A Arabella Street have been taken into consideration during the assessment.  The view impact of the water and city skyline which would be obscured by the proposed development is considered minor and reasonable. 

 

The memorial garden of the church has been established as part of the church and the proposal would retain the garden area in its current form. 

On balance the proposed development is considered reasonable and recommended for approval subject to draft conditions.

 

 

 

RECOMMENDATION

 

That pursuant to section 80(1)(a) of the Environmental Planning and Assessment Act 1979, the Council grants development consent to Development Application DA 89/2015 for the demolition of an existing rectory and construction of a new rectory on Lot 5, DP 2459 and known as 37 Arabella Street, Longueville subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with the following drawings with project No. 1844, dated April 15, prepared by Fyfee Design Services except as amended by the following conditions.

 

-           Site Plan, 02/11, Amendment E;

-           Ground Floor, 03/11, Amendment E;

-           First Floor, 04/11, Amendment E;

-           Roof, 05/11, Amendment E;

-           Elevations, 06/11, amendment E;

-           Elevations, 07/11, amendment E;

-           Section, 08/11, Amendment E;

-           Landscape Plan, with Project No. 1844, 01/01;

-           Demolition Plan, 11/11, Amendment E.

 

2.         Amended plans to be submitted

 

Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate:

 

(a)        The maximum width of the vehicle crossing at the property front boundary is 3m.

 

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

 

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

 

5.         (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.

 

6.         (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.

 

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

 

8.         (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.

 

9.         (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.

 

10.       (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.

 

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.       (51) 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 willfully 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.

 

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

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

b)      All reinforcement prior to filling with concrete.

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

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

e)      Installation of steel beams and columns prior to covering.

f)       Waterproofing of wet areas.

g)      Stormwater drainage lines prior to backfilling.

h)      Completion.

 

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

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing.

 

17.       (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.

 

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

a          Dampcourse level;

b          The establishment of the first 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.

 

19.       (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.

 

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

 

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

 

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

 

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

 

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.       (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.

 

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

 

General Engineering Conditions

 

28.       (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.

 

29.       (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. 

30.       (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.

 

31.       (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.

 

32.       (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.

 

33.       (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.

 

34.       (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’.

 

35.       (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.

 

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

 

37.       (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows

§ Rainwater draining to the reuse tanks are 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.

§ Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

38.       (D1) Drainage Plans New: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be 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, Council's DCP-Stormwater Management.

 

39.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3000 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

 

40.       (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

 

41.       (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. 

Landscaping Conditions

 

42.       (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.

 

43.       (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.

 

44.       (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.

 

45.       (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.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

 


 

Independent Hearing and Assessment Panel Meeting 13 October 2015

43-47 Kenneth Street, Longueville

 

 

Subject:          43-47 Kenneth Street, Longueville    

Record No:     DA15/79-01 - 46368/15

Division:         Environmental Services Division

Author(s):       Stan Raymont 

 

 

 

Property:

43-47 Kenneth Street, Longueville

DA No:

DA 79/2015

Date Lodged:

15 June 2015

Cost of Work:

$15,000

Owner:

Kaizen Properties (Longueville) Pty Ltd

Applicant:       

Longueville Private Hospital

 

Description of the proposal to appear on determination

Change of use of 43 Kenneth Street from a vacant dwelling house to an ancillary office and patient support facility as part of the adjoining hospital at 45-47 Kenneth Street involving the construction of a joining disabled ramp and removal of a significant tree.

Zone

R2 (Low Density Residential)

Is the proposal permissible within the zone

Yes

 

Is the property a heritage item

No, but St Andrew’s Church on the opposite side of Christina Street to the existing hospital is.

Is the property within a conservation area

No

 

Is the property adjacent to bushland

No

 

BCA Classification

Class 1a, 9a and 10b

Stop the Clock used

No

Notification

 

 

 

 

 

 

 

 

 

 

 

 

 

Neighbours                            Notified Twice

                                               First Notification – 18 June to 2 July 2015:

                                               37, 39, 40, 40A, 41, 42, 44 Kenneth Street;  50A, 54, 56, 58, 60, 62, 64 William Edward Street;  and 2, 7 Christina Street

                                               Second Notification – 4 to 18 August 2015:

                                               To a larger area (refer to map on file).

Ward Councillors                   All Councillors & The Mayor

Progress Association             Longueville Residents Association

Other Interest Groups            -

 

EXECUTIVE SUMMARY

 

The proposal is for a change of use of 43 Kenneth Street, Longueville from a vacant dwelling house to an ancillary office and patient support facility as part of the adjoining 39 licensed bed Longueville Private Hospital at 45-47 Kenneth Street involving the construction of a joining disabled ramp which involves the removal of the large Plane Tree adjacent to the rear of the dwelling house.

 

One letter of support has been received from St Andrew’s Uniting Church.

 

Twenty five (25) submissions have been received from nearby and neighbouring residents and land owners together with a petition signed by sixty (60) residents objecting to the proposal.

 

Following a re-notification of a larger area to that originally notified and a Community Information Evening Meeting, a further two (2) letters of support and twenty two (22) submissions (nine of which have already commented) objecting to the proposal have been submitted.

 

The objections are mainly on the grounds that:-

1.      To allow the extension of the hospital will negatively affect the amenity of their suburb;

2.      The expansion of the commercial activity in this location will further generate traffic, cause car parking problems, make the road and rear lane less safe for children and locals, create noise and nuisance to the surrounding residents and the large Plane Tree would be removed; and

3.      The owners of 41 Kenneth Street have privacy and noise concerns particularly regarding the open deck.

 

A supplementary Statement of Environmental Effects has been submitted from the applicant’s Town Planners.

 

The conclusion of this Statement of Environmental Effects is as follows:-

 

“Clearly the application seeks to utilise the existing building for ancillary office and patient support facilities in association with the long established bed and staff numbers and to that extent does not represent any intensification of the established use on the site.”

 

The use as a hospital is permissible with consent in the R2 low density residential zone under the Lane Cove LEP.

 

The proposal is recommended for approval subject to draft conditions to cover the privacy and noise concerns of 41 Kenneth Street, retain the Plane Tree, and facilitating an internal access between buildings to minimise noise and impacts while providing a short travel distance for staff and patients between the hospital and the existing dwelling.

 

SITE

 

The subject site is located on the north western corner of Kenneth and Christina Streets and backs onto Lorna Leigh Lane.  Existing improvements on 45-47 Kenneth Street is the 39 licensed bed Longueville Private Hospital which consists of a one and two storey brick and weatherboard building. No. 43 Kenneth Street is a single storey rendered and weatherboard dwelling house which is vacant at present.

 

No. 41 Kenneth Street is a two storey rendered dwelling house to the north of 43 Kenneth Street.  There is a row of on street car parking spaces in Christina Street on the southern side of the hospital which is shared between the visitors of the hospital and parishioners of the Church.  Site Location Plan and Neighbour Notification Plan attached (AT-1 and AT-2).

 

PROPOSAL

 

The proposal is for a change of use of 43 Kenneth Street from a vacant dwelling house to an ancillary office and patient support facility as part of the adjoining hospital at 45-47 Kenneth Street involving the construction of an adjoining timber disabled ramp with a metal framed colorbond roof over the proposed ramp.

 

It is stated in the Statement of Environmental Effects:

 

“The hospital will continue to operate in accordance with the current development consents with the expansion of office and patient support facilities into the adjacent building not representing an intensification of use on this site but simply providing additional operational space for existing staff and patient numbers.  The proposed use does not require any changes to the existing building with physical works limited to the provisions of a covered connection ramp to the existing hospital building.  This ramp does require the removal of an existing tree as detailed in the accompanying arborist report with ample room on the consolidated allotment for a replacement tree should it be considered necessary.

 

As previously indicated the proposed works do not represent the intensification of the long established hospital use of the site and accordingly will not result in any increased demand for services or associated car parking.”

 

PREVIOUS APPROVALS/HISTORY

 

Development Application DA528/87 to use 43 Kenneth Street as consulting rooms for specialist doctors with only one doctor and a receptionist on the premises at any one time.  No external alterations were proposed to the building.  The building was proposed to be provided with two consulting rooms, a reception/waiting room, toilet bath and laundries, large storeroom, an office and staff room. The application was refused in 1987.

 

DA286/2000 was approved on 9 November 2000 for internal and external alterations, walkway and convert an existing theatre to wards at 45-47 Kenneth Street subject to the total number of beds not exceeding 40.

 

DA139/2013 for the construction of a masonry and tiled extension 3.1m by 3.93m on the south side of the hospital to provide two disabled bathrooms to the hospital building adjacent to Wards 8 and 9 was approved on the 28 October 2013.

 

DA78/2015 has been submitted for the construction of two bathroom extensions on the southern side of the Longueville Private Hospital.  This application has received separate consideration and has been approved.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density                                 Site Area:       2647m²

 

 

Proposed

Control

Complies

Floor Space Ratio

0.42:1

0.5:1

Yes

Height of Buildings

Unchanged

9.5m

Unchanged

 

There are no specific requirements for hospitals in the R2 (Low Density Residential) zone however the proposal compares favourably with the requirements for dwelling houses.

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

 

 

Unchanged

 

 

Consistent with area or 7.5m

 

Unchanged

 

 

Side setback (min)

 

Unchanged

 

1200mm / 1500mm

 

Unchanged

 

Rear setback (min)

 

Unchanged

 

>1000m²: 10m or 35%

 

Unchanged

 

Number of Storeys (max)

Unchanged

2

Unchanged

Solar Access

 

Unchanged

 

3 hrs to north facing windows

Unchanged

 

Car Parking

 

 

 

 

 

 

 

 

Additional two car parking spaces in rear garage of 43 Kenneth Street

 

 

 

 

 

One space per medical practitioner and one space per two employees,

plus 1 space per 3 three beds,

plus 1 disabled space per 25 car spaces (minimum one disabled space) total car parking required on site 48.

Car Parking increased by two car spaces

 

 

 

 

 

 

 

 

REFERRALS

 

Development Engineer

 

The comments of the Development Engineer were requested on the proposal and 12 draft conditions of consent are provided which are included in the recommendation in this report.

 

Tree Assessment Officer

 

The comments of the Tree Assessment Officer were requested on the proposal and are as follows:-

 

“I have reviewed the DA documents/Plans and visited the site.  The proposed development consists of changing the existing house into office space and construction of a ramp to the existing hospital in the next allotment.  The residential allotment has recently been purchased by the Hospital.  The Plans show the removal of one mature Platanus x acerifolius (Plane tree).

 

The arborist was unable to identify any arboricultural reason to support removal of the London tree and admits the tree could live for at least another 40 years (see Table page 7).  However, the arborist’s recommendation is for its removal.  The reasons for supporting removal (refer to Section 3 c of Report) are not based on objective arboricultural assessment of the subject tree.    There is no evidence of a cavity in the trunk junction area or that the tree had been lopped at 3m from ground level.  The growth patterns I observed are normal for a Plane tree.  The arborist says there is adequate room within the site to replace the London Plane tree.  My observation of the site indicates there is no planting opportunity to replace the London Plane with another canopy tree.  

 

I do not support this application in its current form.  The London Plane tree is in good health with no evidence of pest or disease infestation.  The tree does not exhibit structural defects or evidence of previous branch failures that would be cause for concern from a hazard perspective and, the tree is not causing damage to infrastructure.

 

This large scale tree is prominent in the streetscape and one of the larger canopy trees in the Longueville area.  Its removal cannot be supported from an arboricultural perspective.  The Plans should be amended to retain the Platanus x acerifolius (Plane tree) and make changes to the proposed ramp.”

 

Comment

 

The objective of the Tree Preservation Policy is set out in Clause 2.2.1 of Part J of Council’s DCP and is as follows:

 

1.         The retention of the maximum possible number of existing trees, particularly native trees, within the Municipality in healthy condition and natural form and shape.

 

The retention of the Plane Tree, which is a large scale tree and prominent in the streetscape, is considered to be in keeping with the above objective.

 

The Plane Tree is required to be retained as a draft condition of consent.

 

Building Surveyor

 

The comments of the Building Surveyor were requested on the proposal and draft conditions of consent are provided which are included in the recommendation in this report.

 

Manager Environmental Services

 

The comments of the Manager Environmental Services were requested on the proposal and there is no objection to the proposal subject to the current conditions of consent.

 

Community Development Officer, Ageing and Disability

 

The comments of Council’s Community Development Officer, Ageing and Disability were requested and she has raised the following concerns:

 

The means of travel from existing hospital building to the proposed dwelling is via an existing covered terrace, existing ramp and a new covered ramp. It appears that patients would be required to travel from one building to the other by travelling down one ramp and then up another.

The nature of people using the covered walkway between the two buildings and the rear deck should be taken into consideration. Patients may be using mobility equipment or wheelchairs. The covered walkway would leave people exposed to the elements. When raining the walkway may become wet causing a slip hazard.

 

Given that the two building are not internally connected, the new building would need to have an Accessible WC according to AS1428.1 which has not been proposed.

 

Comment

 

A direct link between the two buildings, which are more or less at the same level, has been recommended. This would satisfy all the above concerns raised.

 

Heritage

 

The premises are not heritage listed but the Church on the opposite side of Christina Street is.  The use of 43 Kenneth Street as part of the hospital would have no adverse heritage impact on the Church.

 

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

 

The proposal is permissible within the R2 (low density residential) zoning under the Lane Cove LEP with Council’s consent.

 

ASSESSMENT

 

Following a meeting at Council with the applicant on 18 August 2015, the applicant was asked to respond to the following:-

 

The proposal requires patients and staff to exit the existing hospital building towards the rear, walk over the ramp and enter the existing building on 43 Kenneth Street. They would do so in all weather conditions.

 

In addition, the proposal requires patients and staff to walk down the ramp and then up the ramp in order to go from the existing hospital and the existing building at 43 Kenneth Street even though the floor levels of both the buildings appear similar.

 

Please respond to an alternative, that the proposed access (link) from the existing hospital to the existing building at 43 Kenneth Street be from the Patient and Visitor’s Lounge in the existing hospital building to the proposed office, or the proposed Transitional Care Area in the existing dwelling. 

 

This would enable patients, some of whom would be mobility impaired, and staff in relative comfort to move between the hospital and the existing building at 43 Kenneth without the need to exit the building. 

 

This may enable the proposed ramp to be deleted. The removal of the covered ramp would decrease noise levels for the adjoining dwelling at 41 Kenneth Street, being a major concern raised.

 

In addition the existing Plane Tree at the rear of the dwelling house could be retained. (Note:  Council does not support its removal.) 

Further, to aid Council in its assessment of this application, the applicant was formally requested to supply the following information:

1.       Relative floor level of the hospital (patients and visitors lounge)

2.       Number of beds permitted (licensed) in the hospital.

3.       Number of staff (Doctors, Nurses, Clerical Staff, etc.) currently employed at the hospital including shift details of visiting health professionals whether part time or full time bases.

4.       Please show on a plan the onsite parking (existing and proposed) for the staff, the loading dock and all areas used by the hospital including basements and storage rooms.”

 

A reply has now been provided which is attached (AT-3).  The applicant does not agree to a direct internal link between the two buildings and the retention of the tree.

 

It is considered that to provide privacy for 41 Kenneth Street and better functioning of the hospital that the following draft conditions should be applied:-

1.       The proposed covered timber access ramp to the rear of 43 Kenneth Street being deleted from the plans.

2.       The proposed connection between the existing hospital and the building on 43 Kenneth Street being by a covered or enclosed link at least 2m wide from the northern wall of the Patient and Visitor’s Lounge to the southern wall of the Transitional Care Area or southern wall of the rear Office.

3.       The windows in the northern wall of the Office and the Transitional Care Area being fixed and double glazed.

4.       The provision of a 1.8m high solid visual and acoustic screen along the northern side of the existing deck.

5.       The existing Plane Tree towards the rear of 43 Kenneth Street being retained.

 

Other Planning Instruments

 

SEPP 55 Remediation of Land

 

The subject site and adjoining sites are zoned for residential purposes. Given the types of uses permissible within the residential zones, it is unlikely that the site would be contaminated.

 

APPLICABLE REGULATIONS

 

The Environmental Planning and Assessment Regulation 2000 indicates that the standards for demolition and removal of materials should meet with AS 2601-2001 and therefore any consent would require the application of a relevant condition seeking compliance with the Standard.

 

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

 

Nil

 

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

 

One letter of support has been received from St Andrew’s Uniting Church.

 

Twenty five (25) submissions were received from nearby and neighbouring residents and landowners together with a petition signed by sixty (60) residents objecting to the proposal.

 

Following upon a re-notification of a larger area and a Community Information Evening Meeting attended by more than 50 people, a further two (2) letters of support and twenty two (22) submissions (nine of which have already commented) objecting to the proposal have been submitted.

 

The objections may be summarised as follows:-

1.       To allow the change of use of 43 Kenneth Street from a dwelling to an extension of the hospital will negatively affect the amenity of their suburb by facilitating expansion of the hospital in the short and long term.

2.       The expansion of a commercial activity in this location will further generate traffic, cause car parking problems, make the road less safe for children and locals, create noise and nuisance to the surrounding residents, and generally it will be detrimental to the amenity of the area.

 

Comment

 

In view of the concerns raised in the petition and the submissions, additional information was requested as to the proposed use.  Boston Blyth Fleming – Town Planners, have now submitted a Supplementary Statement of Environmental Effects as follows:

 

“This supplementary statement has been prepared in response to a number of concerns raised by adjoining property owners and members of the community in relation to potential parking and traffic implications associated with the proposed development.  Having reviewed the objections it is evident that the primary issue relates to a perception that the application seeks an intensification of the existing use which is simply not the case.

 

As clearly detailed in the Statement of Environmental Effects prepared in support of the application the existing hospital will continue to operate in accordance with the current development consent with the expansion of office and patient support facilities into the adjacent building not representing an intensification of use on this site but simply providing additional operational space for existing staff and patient numbers.  In this regard we confirm:

·        There are no extra beds proposed as a consequence of the application.

·        There is no increase in established staff numbers as a result of the application.

·        The existing publicly accessible hospital entrance is maintained.

·        The application is focused on providing better amenities and services for existing patients and staff and addressing existing antiquated staff office and amenities.

·        The transitional care area is an essential part of assessing patients before they are released from hospital.

·        The rear double garage accessed from Lorna Leigh Lane will be utilized for staff parking thus reducing car parking demand for on street parking.

 

Clearly the application seeks to utilize the existing building for ancillary office and patient support facilities in association with the long established bed and staff numbers and to that extent does not represent any intensification of the established use on the site.”

 

3.      Owners of 41 Kenneth Street believe that the proposed use in such proximity to their neighbouring home and with an external corridor as the main access route via an open deck would have a detrimental impact on their family’s acoustic and visual privacy.

 

Comment 

 

Draft conditions (2*) are provided in the recommendation to cover the visual and acoustic privacy concerns of 41 Kenneth Street (see Assessment).

 

4.      One commenter advises that she has found in the current State Environmental Planning Policy (Infrastructure) 2007, R2 is not listed as a prescribed zone for permitting Health Service Facility development, with or without consent.

 

Comment

 

Regarding  advice that in the current State Environmental Planning Policy (Infrastructure) 2007, R2 is not listed as a prescribed zone for permitting Health Service Facility development, with or without consent, the comments of Council’s Strategic Planners were requested and are as follows:

 

            “1.        The LEP permits a hospital in the R2 zone.

 

This is a long-standing policy continued from LEP 1987 into LEP 2009.  It is consistent with the low density zones of Councils generally, in which private hospitals are typically located, as they are suited to relatively quiet areas readily accessible to both patients and visitors, and there are similarities with other personal forms of social infrastructure such as seniors’ living and churches also permissible in that zone.

 

2.         The SEPP’s aim is to increase the number of zones in which a hospital could be developed.

 

            The SEPP states:

 

S.57 (1): “Development for the purpose of health services facilities may be carried out by any person with consent on land in a prescribed zone.”

 

            This supports the objectives of the SEPP:-

 

S.2. “The aim of this Policy is to facilitate the effective delivery of infrastructure across the State by:..

                        (b) providing greater flexibility in the location of infrastructure and service facilities.”

 

That is, the SEPP has expanded the types of zones permitting hospitals, in addition to those – such as R2 – which already existed.

 

            3.         The SEPP does not prohibit hospitals in the R2 zone

 

            The SEPP does not state that hospitals may not be carried out in other zones.

 

The definition of prescribed zones does not include the R2 zone because it did not need to, as hospitals were already permitted in the R2 zone (or formerly the Residential 2(a1) zone).

 

In conclusion, the Strategic Section considers that the SEPP does not preclude the hospital being a permissible land use.”

 

4.         Refer to a 1987 Development Application to use 43 Kenneth Street as Consulting Rooms for specialist doctors with only one doctor and a receptionist on the premises at any time in conjunction with the adjoining private hospital at 45-47 Kenneth Street.  No external alterations were proposed to the building.  This application was not approved.

 

Comment

 

The 1987 Development Application proposed new consulting rooms and is different to the subject application. Every application is assessed on its merits.

 

5.         Want the Plane Tree retained.

 

Comment

 

Council’s Tree Assessment Officer does not support the removal of the Plane Tree and it is a draft condition of consent that the Plane Tree be retained.

 

6.         The site would be overdeveloped because it would exceed the permitted Floor Space Ratio.

 

Comment

 

Based on the plans as submitted the floor space ratio is 0.42:1.  The control is 0.5:1.  It should be noted that 43 Kenneth Street has an area of 555.39m2 and the existing dwelling has a gross floor area of only 156.64m2 making a floor space ratio of 0.28:1 which is below the maximum permissible.

 

7.         The existing Ambulance Bay for the hospital is unsafe as the ambulances park partly over the street causing pedestrians to walk onto Kenneth Street.

 

Comment:

 

The Ambulance Bay for the hospital is existing and is not part of this application.

 

8.         Frequently have linen delivery trucks parked in front of their house with linen trolleys having to be rolled down the footpath to the hospital.  There needs to be provision for delivery trucks to park onsite.

 

Comment

 

The parking of the linen delivery trucks on the street and the rolling of linen trolleys down the footpath to the hospital is not part of this application.

 

Comment and Overview

 

The proposed extension of the Hospital landuse to include the existing residential family dwelling at 43 Kenneth Street, Longueville, seeks to facilitate an expansion of the existing cramped administration area for existing staff and enable a dedicated patient support facility to become part of the hospital services provided to patients.  Although the proposed use would not increase the number of staff or patients, it does represent an expansion of the physical envelope of the current hospital use.

 

During the assessment of this proposed landuse change, a number of ongoing concerns with the current operation of the hospital were highlighted by adjoining and nearby residents.  These concerns included unacceptable liberties assumed or taken by staff and visitors associated with the hospital.  Such concerns include the ambulance blocking the pedestrian footpath, visitors parking across driveways and the movement of goods and trolleys along the pedestrian footpath.

 

While these concerns are minor from a regulatory landuse perspective, they do adversely impact on the amenity of this low scale residential neighbourhood.

 

The hospital, although a permitted use in the LEP, is ancillary to the principal zone of low scale residential development.  As such, the hospital has an obligation to ensure it acts and operates as a good neighbour in all its dealings and interactions with this low density residential precinct.

 

The current owners of the hospital (Kaizen Properties Pty Ltd) may not be aware or responsible for the past issues raised by a number of neighbours and it would be appropriate, if this proposal is approved, that the hospital management seek to understand and address the amenity concerns raised by neighbours and became an active part of the Longueville community.

 

CONCLUSION

 

The matters in the DOPI Guidelines in relation Section 79C considerations have been satisfied.

 

The proposal is permissible within the R2 (low density residential) zoning.  It is stated there would be no intensification of the use (see Supplementary Statement of Environmental Effects).

 

The existing building at 43 Kenneth Street would provide additional operational amenity and space for existing staff and patients.

 

The proposal as recommended would retain the environmental quality of the area by retaining the healthy Plane Tree and improve the functionality of the complex, provide for better amenity of the patients and staff by allowing safe and convenient movement between the two buildings without exposure to the outside weather.

 

The proposal is recommended for approval subject to draft conditions.

 

 

RECOMMENDATION

 

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 D79/15 for the change of use of 43 Kenneth Street from a vacant dwelling house to an ancillary office and patient support facility as part of the adjoining hospital at 45-47 Kenneth Street involving the construction of a joining disabled ramp on Lot 1, DP 578918 and Lot 54, DP 2459 and known as 43-47 Kenneth Street, Longueville subject to the following conditions:

 

1.         (20) That the development be strictly in accordance with drawing numbers DA02 and DA03 dated 4 June 2015; except as amended by the following conditions.

 

2.         To provide privacy for 41 Kenneth Street:

 

(a)        The proposed covered timber access ramp to the rear of 43 Kenneth Street being deleted from the plans.

 

(b)        The proposed connection between the existing hospital and the building on 43 Kenneth Street being by a covered or enclosed link at least 2m wide from the northern wall of the Patient and Visitor’s Lounge to the southern wall of the Transitional Care Area or southern wall of the rear Office.

 

(c)        The windows in the northern wall of the Office and the Transitional Care Area being fixed and double glazed.

 

(d)        The provision of a 1.8m high solid visual and acoustic screen along the northern side of the existing deck.

 

(e)        The existing Plane Tree towards the rear of 43 Kenneth Street being retained.

 

            Plans being altered to comply and approved by Council prior to the issue of a Construction Certificate.

 

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

 

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

 

5.         (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.

 

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

 

7.         (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.

 

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.       (45) A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

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

 

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

 

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

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

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

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

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

 

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

 

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

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

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

c)         Installation of steel beams and columns prior to covering.

d)         Stormwater drainage lines prior to backfilling.

e)         Completion.

 

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

a)         Footings; and

b)         Structural steelwork.

 

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

 

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

 

19.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

20.       (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.

 

21.       (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.

 

22.       (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 instalments, the first instalment 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.

 

Building Surveyor’s Conditions

 

23.    The proposed connection between the buildings must be constructed in accordance with AS1428.1-2009.  Details to be provided to the certifying authority prior to the issue of a Construction Certificate.

 

24.    The consolidation of Lot 54 of DP 2459 and Lot 1 of DP 578918 is to be done prior to the issue of a Construction Certificate.

 

25.    The building must comply with the Category 1 fire safety provisions EP1.3, EP2.1, EP2.2, EP1.4 as are applicable to the building’s proposed new use.  Details of the design of the nominated Category 1 fire safety provisions must be provided to the certifying authority prior to the issue of a Construction Certificate.

 

26.    A certificate from a structural engineer certifying the structural capacity of the existing building will be appropriate to the building’s proposed new use must be provided to the certifying authority prior to the issue of a Construction Certificate.

 

Tree Preservation Conditions

 

27.       (51) 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.

 

General Engineering Conditions

 

28.    (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.

 

29.    (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. 

 

30.    (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.

 

31.    (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.

 

32.    (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.

 

33.    (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.

 

34.    (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’.

 

35.    (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.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

36.       (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, 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, 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.

 

37.    (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3000 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

 

38.    (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

 

39.    (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, Council’s DCP-Stormwater Management.

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

3 Pages

 

AT‑2 View

Neighbour Notification Plan and letter

2 Pages

 

AT‑3 View

Further response from Boston Blyth Fleming

2 Pages