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Agenda

Independent Hearing and Assessment Panel Meeting

2 February 2016, 5:00pm

 

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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 Rd, Lane Cove  on Tuesday 2 February 2016 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

IHAP Meeting Procedures

 

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

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

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

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

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

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

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

 

 

 


Independent Hearing and Assessment Panel 2 February 2016

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 - 1 DECEMBER 2015

 

Independent Hearing and Assessment Panel Reports

 

2.      52B Cliff Road, Northwood

 

3.      13 Borambil Place, Longueville.

 

4.      72 Burns Bay Road, Lane Cove

 

Orders Of The Day  

 

 

 

 

 


 

Independent Hearing and Assessment Panel Meeting 2 February 2016

52B Cliff Road, Northwood

 

 

Subject:          52B Cliff Road, Northwood     

Record No:     DA15/102-01 - 61577/15

Division:         Environmental Services Division

Author(s):       Rebecka Groth 

 

 

  

Property:

52B Cliff Road, Northwood

DA No:

DA102 /2015

Date Lodged:

07/07/2015

Cost of Work:

$70,00

Owner:

Inga Rozenauers

Applicant:       

Inga Rozenauers

 

Description of the proposal to appear on determination

Construction of swimming pool and sauna

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

10a and 10b

Stop the Clock used

Yes

Notification

Notification was undertaken in accordance with Council’s notification policy.

 

REASON FOR REFERRAL

 

The application is referred to Council’s Independent Hearing and Assessment Panel given the history of the site which has been the subject of recent relevant appeals to the Land and Environment Court.

 

SITE

 

The subject site is a battleaxe block located at the south-eastern side of Cliff Road, Northwood.  The site slopes steeply away from Cliff Road and incorporates two cliff faces to the western and eastern ends of the site.  The site comprises a dwelling house and landscaping.  The subject site is adjoined by Gore Creek Reserve to the south east, one and two storey dwelling houses to the north, a new two storey dwelling house to the west and vacant lot to the south.

 

The topography of the site is steep with the proposed swimming pool located on a sandstone shelf. The shelf is adjacent to a cliff edge which drops away to the reserve below and to the east.  Site Plans and Notification Plan attached (AT-1 and AT-2).

 


PREVIOUS APPROVALS/HISTORY

 

10 November 1998

 

Development Application No. 287/1998 for the construction of a two storey dwelling house with basement car park, storage area and an above swimming pool was lodged with Council.

2 February 2000

 

The development application was refused under delegated authority for the following reasons:-

1.         The proposal contravenes the objectives of the Lane Cove Local Environmental Plan 1987;

2.         The proposal contravenes Council’s Building Policy Code;

3.         The proposal is an overdevelopment of the site;

4.         The proposal will have a detrimental effect on the amenity of the neighbourhood;

5.         The proposal contravenes State Environmental Policy No. 56; and

6.         The public interest.

2 March 2000

A Section 82A Review application was lodged with Council.

24 October 2000

The development application was conditionally approved by Council

22 March 2002

 

The applicant lodged an appeal in the Land and Environment Court to delete conditions 3(a) and 3(c) of the development consent relating to the requirements for dilapidation reports and the indemnity insurance requirements for the proposed works.

The Court issued an order to delete the conditions and replace with new conditions.

18 February 2008

 

A Section 96 application was conditionally approved by Council. The application sought amendments to the design of the house and the location of the pool.

28 April 2008

 

The applicant lodged an appeal in the Land and Environment Court against Council’s conditions of consent. The Court upheld the appeal and imposed conditions specific to the proposed pool of the development consent DA 98/287.

15 July 2013

 

A Section 96 application was lodged with Council in July 2013 which sought the following modifications:-

1.         The pool be reduced in size from the approved 6.0m x 4.2m (stamped DA drawing No. 1116-A1.1) to 5.5m x 4m;

2.         Rotate the orientation of the pool 90 degrees from an east west orientation to a north south orientation, and relocate the pool an additional 2.53m to the east, closer to the cliff edge; and

3.         Enlarge the area of the rear terrace by approximately 19(4.2m x 4.5m).  

The matter was referred to IHAP who resolved to refuse the S96 application on the 4 February 2015 for the following reasons:

1.                                   The proposal does not comply with the requirements for swimming pools in the Lane Cove Development Control Plan 2009

2.                                   The unacceptable impact to views of No 50A Cliff Road, Northwood; and

3.                                   The proposal fails to adequately consider the findings of the Land and Environment Court case Fegan v Lane Cove Council (2008) NSWLEC 1171.

 

PROPOSAL

 

 

The applicant advises the proposed development comprise the following:

 

·          ‘A swimming pool, 5.340 metres x 3.500 metres, located on the eastern side of the existing paved terrace in the north eastern portion of the site. The pool will have 400mm wide copings on the southern side, northern side and western side, where it is not adjacent to the existing terrace. The coping on the eastern side would be 500mm wide. The coping widths are consistent with a condition imposed in the Court’s approval of the previous application.

·          The edge of the northern coping set 1000mm from the’ northern boundary.

·          ‘The eastern coping will be at least 13.80 metres from the eastern boundary.

·          Due to the lower level of the ground no excavation will be required to construct the pool.

·          Toughened glass code compliant pool fencing.

·          Coping at RL 24.765 corresponding to the RL of the existing terrace.

·          A sauna 2.700 metres x 1.615 metres at a floor level corresponding to the garage level. RL 22.250 with a non-accessible paved roof at RL 24.765.

·          Retention of the existing cheese tree adjacent to the north boundary and trees and shrubs along the northern and eastern boundaries.

·          Two 2000 litre rainwater storage tanks under the northern part of the existing terrace’.

 

No tree removal is proposed.

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 - (Low Density Residential)

 

Site Area:       1,017.9m²

 

 

Proposed

Control

Complies

Floor Space Ratio

No change

0.5:1

NA

Height of Buildings

No change to dwelling house

 

9.5m

NA

 


 

Comprehensive DCP

 

Part B.4 View Sharing

 

The subject site and the adjoining properties enjoy water views of Gore Creek. The water view enjoyed from the primary living area of 50A Cliff Road is obtained via the side boundary of the subject site. This view corridor is located where the proposed swimming pool and sauna are positioned. This view corridor is the only water view available to 50A Cliff Road and it is considered likely the current proposal will impact upon this view. As such the principles of view sharing are an important aspect of this assessment. The following assessment is provided in response to Part B.4 View Sharing

 

1)         Provide for View Sharing

 

Requirement  - Planning principles of Land & Environment Court (LEC).   

 

Proposed  -  Extension into view corridor.

 

Comment

 

The extension of the pool would extend into the water views of the owners of 50A Cliff Road. The Land & Environment Court has recognised a view exists from the lounge room.

 

Using the principles set out by the LEC (Tenacity Consulting v Warringah [2004] NSWLEC 140) and paraphrased:-

 

Step 1 - Assessment of views to be affected. The court has stated 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.

 

Comment

 

 From the lounge room window of 50A Cliff Road a water view was noted on the site inspection, although the land-water interface was not clearly defined. This is a result of the existing surrounding vegetation.

 

Step 2Consideration of what part of the property the views are obtained. (Views across side boundaries are more difficult to protect that of views from front and rear boundaries). If the view is enjoyed from a standing or sitting position is relevant. (Sitting views are more difficult to protect than standing views). The expectation to retain side views and sitting views is often unrealistic.

Comment

 

The view in question is across a side boundary, which would lessen the importance of the view loss according to the above guidelines   

 

Step 3 - Assessment of 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. It is more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

Comment

 

The view in question is from a living room and is the only water view the owners of 50A Cliff Road have. It can be seen standing and sitting in certain positions. The view is filtered as a result of the surrounding vegetation. Although subjective, the impact of the current design would be severe.    

 

Step 4Assessment of 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.

 

Comment

The amended proposal breaches several DCP requirements therefore the impact could be considered as unreasonable under this guideline.

 

Summary

 

Despite the view being across a side boundary, on balance, the view impact is considered unreasonable.  

 

The Land and Environment Court recognised a view of the water exists from the lounge room of 50A Cliff Road in appeal No.10841 of 2001. The height of the current proposed pool and sauna would adversely impact water views of the owners of 50A Cliff Road. It is noted that the vegetation surrounding the pool results in a filtered view of the water when viewed from 50A Cliff Road.

 

The height of the pool above ground level would need to be lowered to facilitate view sharing and be consistent with Part C Clause 1.10.1 – Private Swimming Pools of the DCP.

 

Part C – Clause 1.10.1 - Private Swimming Pools

 

Control

Proposed/Comment

a)         Swimming pools and spas are to be located behind the front building line and not on elevated decks.

Pool located in the rear of the site. Pool is elevated to the level of the existing terrace.

b)         Applications for swimming pools and spas will be considered by Council on the basis of the provisions of The Swimming Pools Act, 1992, latest amendment, the Building Code of Australia, the relevant Australian Standards and the provisions of this Code.

Noted

c)         Pools and spas should not adversely affect the amenity and outlook of the neighbourhood particularly when viewed from waterways and foreshore areas.

 

As the pool is elevated it would be visible from the adjoining dwelling, 50A Cliff Road. Views of the waterway are obtained by 50A Cliff Road over the subject site where the pool is proposed. It is noted that this view is filtered due to the existing vegetation.

d)         The waterline of the pool should be no closer than 3m to any dwelling and no closer than 1m from a side or rear boundary.

 

The applicant demonstrates on plan the pool is 12.6m to the adjoining dwelling, 50A Cliff Road.

Pool is to be setback 1m from northern boundary

e)         Other than on steeply sloping sites, the coping of the pool should relate to ground level (existing) adjacent to the dwelling and not exceed 1.0m as the land falls away from the pool.

Site is regarded as steep and the pool coping proposed at a width of 1m.

f)          On steeply sloping sites, the coping of the pool is not to be more than 1.8m above the ground level (existing).

Pool height is approximately a maximum of 2.80m above existing ground level.

It is recommended that the pool and coping be a maximum of 1.8m above the ground level (existing). The pool would be required to be lowered by 1.20m to be at a maximum RL of 23.65 and forms a condition of consent (refer draft Condition 2).

It is noted this required amendment may result in the proposed sauna not be viable.

 

g)         Where the coping of the pool is above ground level (existing) then the setback from the lot boundary is to be at a ratio of 1:1 to ensure the raised area of the pool does not impact on the amenity of adjoining neighbours.

DCP requires setback of a minimum of 2.80m. The proposed setback is 1m.

It is recommended that the coping of the pool be setback from the northern lot boundary at a ratio of 1:1, being a setback of 1.8m and forms a condition of consent (refer draft Condition 3).

h)         Pool height of greater than the ground level of adjoining dwellings may be permitted subject to privacy impact assessment on adjoining dwellings.

Coping adjacent to northern boundary unlikely to be used for standing or sitting as it is approximately 0.3m wide.

i)          Lighting if installed, to be arranged in such a manner as not to interfere with the amenity of the neighbourhood.

Noted

j)          The pool is to be kerbed and/or drained to prevent surface water gaining access to the pool or to the adjoining properties. Swimming pools must not adversely affect the existing stormwater management system.

Noted

k)         Pools are to be located at least 3 m from the trunk of a tree over 5 m in height, which is required to be retained on the site or is located on a neighbouring property.

Within 3m of tree. 

l)          The pool pump/filter is to be located as far away as practicable from neighbouring dwellings and is to be enclosed in an acoustic enclosure that limits noise generated by the pump to not greater than 5dB(A) above the background noise level, measured at the boundary.

Noted

 

REFERRALS

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

Tree Assessment Officer

 

No objections subject to recommended draft conditions.

 

Senior Building Surveyor

 

Council’s Senior Building Surveyor assessed the application against the deemed to satisfy provisions of the Building Code of Australia and the Swimming Pool Act – 1992 and advised of a number of inconsistencies with the Swimming Pool Act 1992:

1.         The drawing 1507.3.1 indicates the pool barrier height at 1100mm. The minimum requirement for a pool barrier is 1200mm. Please have the applicant amend the plans to indicate the required minimum height.

2.         The drawing 1507.2.1 indicates a gate that opens inward toward to the pool in contravention of the Swimming Pools Act 1992. Please have the applicant amend the plans to indicate a pool gate that opens away from the pool.

3.         The proposed pool fencing adjacent to the existing BBQ area will create a non compliance with the barrier unless the barrier is installed at least 900mm higher than the BBQ. A similar non compliance will be created where he proposed pool fence abuts the existing terrace privacy screen. Please have the applicant amend the plans or indicate how compliance with The Swimming Pool Act and AS1928.1-2012 will be achieved.

4.         A notation on the plans should be included in the proposal stating compliance with the Swimming Pool Act 1992 and AS1928.1-2012 for the pool barrier.

5.         The internal floor to ceiling height is unclear. Please have the applicant provide a cross section of the sauna indicating a minimum floor to ceiling height of 2100mm.

 

The applicant requested copies of Council’s internal referrals and in response to the above comments, submitted amended plans which were received on the 21 August 2015. Council’s Senior Building Surveyor reviewed the amended plans and advised Point 5 above had not been addressed. Given amendments to the height of the pool are proposed, it is likely that the minimum floor to ceiling height of the sauna would not achieve 2100mm.

 

Bushfire

 

The site is situated within a bushfire prone area. A bushfire report prepared by a suitably qualified person was not submitted with the application. This information was requested of the applicant and at the time of writing the report was not received. Previous applications for the subject site have received approval from the NSW Rural Fire Service and as such a deferred commencement condition is recommended in this regard.

 

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 issues 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 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))

 

The preceding policy assessment table identifies the clauses within Clause 1.10.1 Private Swimming Pools of Part C Development Control Plan – Residential Development that the proposal does not comply with. 

 

Proposed

Control

Comment

Council support

Pool height approximately maximum 2.8m above existing ground level

(f)    On steeply sloping sites, the coping of the pool is not to be more than 1.8m above the ground level (existing).

 

The current design is not supported.

 

A draft condition to reduce the height of the pool to comply with Clause 1.10.1(f) of Part C of the DCP is recommended.

Yes subject to amended plans

Coping is setback 1m from the northern boundary

(g)   Where the coping of the pool is above ground level (existing) then the setback from the lot boundary is to be at a ratio of 1:1 to ensure the raised area of the pool does not impact on the amenity of adjoining neighbours.

The current design is not supported.

 

A draft condition to increase the coping of the pool to be setback from the northern lot boundary at a ratio of 1:1 to comply with Clause 1.10.1(g) of Part C of the DCP is recommended

Yes subject to amended plans

 

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

 

Five (5) submissions were received in response to the notification of the development application. The concerns raised in the submissions are summarised below.

 

·    The primary living room enjoys water views to the Lane Cove River, through existing trees located in the rear yard of 52B Cliff Road. This water view includes a land/water interface and is significant as the main amenity feature of the residence

 

Comment

 

It is acknowledged that a water view is enjoyed from the living room of 50A Cliff Road, Northwood. This view is the only water view enjoyed from the primary living area of the residence. 

 

·    The proponent seeks approval to construct a swimming pool, which at coping level, is elevated between 2.6m and 3.2m above existing ground level. The DCP specifies a maximum height above ground level of 1800mm on sloping sites.

 

Comment

 

It is acknowledged that the proposed height of the coping of the swimming pool does not comply with the DCP.

 

·    Our assessment and that of the Land and Environment Court (Proceedings 10841 of 2001) indicates that the proposed swimming pool, at the height and location proposed, will unreasonably impact upon the amenity of the residents of 50A Cliff Road as a result of substantial loss of existing Gore Creek and Lane Cove River views available from the living room of 50A Cliff Road.

 

Comment

 

The above assessment recommends that the height of the swimming pool be reduced and the setback to the shared northern boundary be increased to comply with the maximum height to the coping permitted within the DCP.

 

·    The proposal fails to achieve reasonable view sharing as envisaged in Section B.4 of Council’s DCP. The affected view is the only view available to 50A Cliff Road. 

 

Comment

 

The assessment of the application in regards to Part B View Sharing was found to unreasonably impact upon the current view. The recommended amendments to the application would improve the ability for view sharing.

 

·    Lowering the height of the of the proposed swimming pool by 1200mm would preserve the resident’s of 50A Cliff Road’s view. While this would result in a portion of the pool still extending up to 400mm above the maximum height permitted, such a height exceedance would not have a material impact on views and would be a more modest and reasonable variation

 

Comment

 

The recommendation includes a reduction of the maximum height of the coping of the swimming pool to be consistent with the DCP.

 

·    The convenience of having the pool at the same level as the adjoining terrace is not of sufficient weight, in circumstances where there is a significant height exceedance and resulting adverse view impact. It is not unreasonable to request that steps be provided from the terrace down to the pool. If this is unacceptable to the proponent then the option is available to re-orientate the pool in an east-west direction and locate the pool further to the west, as originally approved by Council. This option would also maintain the view of 50A Cliff Road as the pool would be clear of the water view corridor.

 

Comment

 

The recommendation includes conditions to reduce the height of the swimming pool coping and to increase the setback of the pool from the northern boundary. It is considered that these amendments would conserve the water view corridor enjoyed by 50A Cliff Road.

 

·    The proposed swimming pool and sauna at 52B Cliff Road Northwood impacts water views from the main living area of our home. Views are enjoyed south from the living room down to the Lane Cove River and bay below across 52B Cliff Road. The water views from the living room are important to the enjoyment of this area of the property

 

Comment

 

It is acknowledged that a water view is enjoyed from the living room of 50A Cliff Road, Northwood.

 

·    The selection of glass pool fencing may also cause reflections, further limiting views where the fence faces north

 

Comment

 

Glass fencing is a common material used in private swimming pools.

 

·    The view of the water from 50A Cliff Road is limited due to vegetation growth since the adjoining development at 50B Cliff Road

 

Comment

 

From the photographs on Council’s files it appears that the surrounding vegetation has grown and subsequently impacted upon the view corridor from 50A Cliff Road.

 

·    A Land and Environment Court decision in April 2008 recognised the severe impact of the 2007 pool design on water views from our home. Through conditions on the consent, the LEC provided a solution for sharing of views between the two properties that we were satisfied with and which remain our preference. An Independent Hearing and Assessment panel decision on the 2013 pool design reaffirmed the LEC decision.

 

Key LEC consent conditions that we would ask be up−held include:

 

        A limit on the easterly extent of the pool to no further than previously approved

        Pool fencing of a see−through design, other than glass panels

        Landscaping to be maintained at a level no higher than the pool deck in our view corridor across the pool

 

Comment

 

The assessment has had regard to the previous applications and decisions. However this application has been considered on its merits. The proposal is likely to impact upon the view corridor enjoyed by 50A Cliff Road. As such the proposal is supported subject to an amended design which complies with the coping height and setback requirements of the DCP.

 

·        How can the boundary be down at the Reserve grass/plants level, some 10 metres below?

 


 

Comment

 

According to the Deposited Plan, a portion of the subject site comprises 53.3m2 of overhang. The boundary of the site is shown on the Deposited Plan as being the mean high water mark adjacent to the Gore Creek Reserve.

 

It would appear that the proposed swimming pool is very close to the edge of the rock shelf. The rock cuts backwards under the shelf, and it seems the pool may be sitting on top of that shelf

 

Comment

 

Survey check requested as a draft Condition of Consent (refer to draft Condition 8).

 

·        There is also no information from a structural engineer on the structure of the pool.
It seems it will be necessary very high concrete or steel pylons going downwards to support the pool weight. Given how the rock shelf curves back underneath, it seems there may be a heavy load which could become dangerous from below in the reserve.

 

Comment

 

Draft Condition 7 requires that a Structural Engineer's details be submitted to the Private Certifying Authority prior to issue of construction certificate for the proposed swimming pool and sauna.

 

·    Problems with this proposal:

o   adverse impacts of the proposed pool/sauna on and from the Public Realm,

o   the safety of the public,

o   the structural stability of the sandstone cliff and Northern Suburbs Ocean Outfall System (NSOOS),

o   degradation of indigenous vegetation below/around the pool and top of cliff,

o   it will increase the weed-encouraging environment created below the top of cliff,

o   further add to 200mm+ diameter stormwater discharge at a point outlet behind the big sea rocks, into the mangrove mudflats (altering natural ecosystem),

o   will result in continuing landfill and disposal of vegetation debris below cliff adjacent to the Reserve

o   the unsightly drainage pipes on the steep escarpment will increase in number.

 

Comment

 

The pool is recommended to be reduced in height and a structural engineer would confirm the structural stability of the site and proposed pool. Any further drainage requirements would be in line with the recommendations of Council’s Development Engineer.

 

·    The plans submitted by the applicant are incorrect. The top of the cliff line is further east on the plan than it is and the extent of the Gore Creek Sewage Aqueduct is shown as shorter than it is and further away from the pool than it is. The correct positions are evident on the survey by CMS Surveyors P/L, Survey Instruction 8656B, issue date 11/1/2013 for the lot then known as 74 DP 1157677.

 

·    The above survey indicates the levels used to calculate the height of the pool and the like are incorrect. The pool would be highly visible from Lane Cove River and beyond

 

Comment

 

The survey plan referred to has been cited. A check survey certificate is

required to be submitted to the Private Certifying Authority as per draft Condition 8.

 

·    No detail of structure, geotechnical assessment or engineering advice has been submitted

 

Comment

 

Draft Condition 7 requires that a Structural Engineer's details be submitted to the Private Certifying Authority prior to issue of construction certificate for the proposed swimming pool and sauna.

 

·    Piers needed to support the pool would extend below the level of coping and would be visible

 

Comment

 

Draft Condition 7 requires that a Structural Engineer's details be submitted to the Private Certifying Authority prior to issue of construction certificate for the proposed swimming pool and sauna.

 

·    The construction of the pool would result in the removal of vegetation

 

Comment

 

The development application does not include removal of vegetation.

 

·    The pool would be constructed within the foreshore building line

 

Comment

 

The majority of the subject site is identified as being within the foreshore building line.

 

·    The Heritage Significance of the Gore Creek Sewage Aqueduct needs to be addressed as the report concludes the pool would not be visible.

 

Comment

 

The Gore Creek Sewage Aqueduct is not a heritage item nor is it within a conservation area.

 

It is further noted that the applicant’s consultant provided a response (AT-3).  The response disagrees with the matters raised in the submission.

 

·    Objection to the application on the following grounds: 

There is no screening shown to the pool soffit and the walls to the East elevations of the proposal and the materials/finishes are not provided. These areas will be visible from No 54 Cliff Road, from the Gore Creek Reserve, from the bushwalk along the East of Gore Creek Bay and from Gore Creek Bay on the water.

The applicant’s environmental statement should address the problems of visual impact and aesthetic effect and the drawings should show adequate and aesthetic screening of the voids below the pool surround. 

 

Comment

 

The recommendations within this report include the reduction of the height of the swimming pool. It is acknowledged that the existing dwelling on the subject site is visible from Gore Creek Reserve however the swimming pool would be situated at a lower level and would be partially screened by the existing vegetation.

 

·        The extension of the Eastern edge of the pool will potentially damage the cliff facing Gore Creek Reserve. The cliff is somewhat undercut below the pool location and adverse jointing in the rock may result in dangerous slip potential. The pool is directly above the Sydney main sewer aqueduct and any work or addition of the weight of the pool may seriously affect this public infrastructure both long term and during construction.

 

Comment

 

A Geotechnical report is required to be submitted and the plans if approved, would be required to be endorsed by Sydney Water.

 

·        There is even further loss of tree and shrub cover to the cliff edge than that resulting from previous construction on 52B and 52C Cliff Road that will expose the proposed house and pool to greater view from Greenwich, Gore Creek Reserve and the harbour waters in Gore Creek Bay. These further losses of tree and shrub cover to lots that are now almost devoid of trees and shrubs will reduce the general amenity of the immediate and wider area.

 

Comment

 

Vegetation removal is not proposed in conjunction with this application.

 

Conclusion

 

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

 

The application meets with the Floor Space Ratio and Height controls as required in the Lane Cove Local Environmental Plan 2009. The proposed swimming pool does not comply with all controls relating to height and setbacks. These variations are deemed to be unreasonable and if amended, as per the recommendations would result in acceptable view sharing with the neighbouring property.

 

Subject to amended plans to reduce the height of the swimming pool and increase the setback of the swimming pool the proposed development is recommended for approval subject to draft conditions including a deferred commencement condition requiring a bushfire report to be prepared by a suitably qualified person for Council’s consideration.

 

 


 

RECOMMENDATION

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, as amended, the Council grant a deferred development consent to DA2015/102 for the construction of a swimming pool and sauna on Lot 2, DP 11877430 and known as 52B Cliff Road, Northwood, subject to the following:-

PART A –  DEFERRED COMMENCEMENT CONSENT:

The consent will not operate and it may not be acted upon until the Council or its delegate is satisfied as to the following matters:

1.     A bushfire report prepared by a suitably qualified person shall be prepared, submitted and it’s recommendations adopted by Council.

2.     Amended plans shall be submitted to Council detailing the pool and coping not being more than 1.8m above the ground level (existing) as per Clause 1.10.1(f) Private Swimming Pools of Part C Development Control Plan – Residential Development. The coping and pool shall be lowered by 1.2m to be at a maximum RL of 23.65.

3.     Amended plans shall be submitted to Council detailing the setback of the pool and coping from the northern boundary being setback at a ratio of 1:1 to comply with Clause 1.10.1(g) Private Swimming Pools of Part C Development Control Plan – Residential Development. The pool and coping shall be setback a minimum of 1.8m from the northern boundary.

4.     Should the plans detailing the amended swimming pool height as per Condition 2 result in a floor to ceiling height of the sauna being less than 2100mm, the sauna shall be deleted from the plans and consent.

        Documentary evidence as requested or the above information 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.

        Pursuant to Clause 95(5) of the Regulations under the Act, Council will notify you in writing if Part A of this consent has been satisfied and the date from which this consent operates.

PART B –  CONDITIONS OF CONSENT:

Upon Council giving written notification to the Applicant that the deferred commencement conditions have been satisfied, the consent will become operative from the date of that written notification, subject to the following draft conditions of consent:

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

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

7.     Structural Engineer's details being submitted to the Private Certifying Authority PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the proposed swimming pool and sauna.

8.     A check survey certificate shall be submitted at the completion of works to the Private Certifying Authority.

        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.

9.     Prior to the issue of the Construction Certificate the Private Certifying Authority shall cross-reference all levels on the approved architectural plans with the subject site.

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

            The consent authority or a private accredited certifier must:-

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

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

12.   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.

13.   (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.

14.   (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.

15.   (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.

16.   (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 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.

17.   (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.

18.   (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".

19.   (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".

20.   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)   Pool reinforcement prior to placement of concrete.

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

c)   Completion.

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

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

23.   (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.

General Engineering Conditions

24.   (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.

25.   (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. 

26.   (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.

27.   (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.

28.   (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.

29.   (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.

30.   (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’.

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

Engineering Conditions to be Complied with Prior to Construction Certificate

32.   (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.

33.   (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

34.   (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

35.   (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 Conditions

36.   A Tree Preservation Order applies in the Lane Cove local government area. The Order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this Order is up to one million, one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

37.   The applicant must obtain a Tree Preservation Order Work Authority prior to the pruning or removal of any trees growing on the site, located in neighbouring properties or trees located in adjacent reserves that overhang the site, including the cutting of any tree roots greater than 40mm in diameter.

38.   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.

39.   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 tree roots greater than 40mm diameter to be severed or damaged.   

Bushfire Conditions

Bushfire conditions to be added once the consent is operative.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Site Location Plans

4 Pages

 

AT‑2View

Neighbour Notification Plans

2 Pages

 

AT‑3View

Letter from CCG Architects RE: Proposed Swimming Pool and Sauna - Dated 9

4 Pages

 

 

 


 

Independent Hearing and Assessment Panel Meeting 2 February 2016

13 Borambil Place, Longueville.

 

 

Subject:          13 Borambil Place, Longueville.     

Record No:     DA15/173-01 - 1754/16

Division:         Environmental Services Division

Author(s):       Peter Walker 

 

 

 

Property:

13 Borambil Place, Longueville.

DA No:

DA 173 /2015

Date Lodged:

3 November 2015

Cost of Work:

$320,000.

Owner:

GR & SL Easton-Berry

Applicant:       

Mr & Mrs G Easton-Berry

 

Description of the proposal to appear on determination

Alterations & additions to the existing dwelling house including new living, dining, kitchen and laundry with attached carport.

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

Yes

BCA Classification

Class 1a and 10a

Stop the Clock used

Yes – 23 days (17 November – 10 December 2015)

Notification

Neighbours                           4, 6, 7, 8, 9, 11 & 15 Borambil Place.

Ward Councillors                  Central ward

Progress Association            Longueville Residents Association   

Other interest groups           Lane Cove Bushland & Conservation      Society

 

REASON FOR REFERRAL

 

The application is referred to Council’s Independent Hearing and Assessment Panel given the complexity and number of concerns raised by the property to the south.

 

EXECUTIVE SUMMARY

 

·    The subject site is an irregular - shaped lot with an area of 855.7m2.

·    The proposal includes a ground floor extension parallel with the southern boundary and stepping up towards the front of the property;

·    The extension would comprise a new entry, dining room kitchen and laundry with attached carport.   

·    Eight submissions have been received to the proposal (although 7 of these are from, or on behalf of, one household) that raise concerns with the impact of the proposed development, particularly in reference to the carport in terms of overlooking, noise and overshadowing of the adjoining property to the south.

·    The proposed carport would create morning overshadowing, specifically in mid winter, to a passageway area of No. 11 Borambil Place, however, the overall overshadowing impact to the property to the south is considered reasonable.

·    The topography of the site is restrictive in any alternative siting of the carport.

·    Overall the proposal is a reasonable development and is recommended for approval subject to a draft condition that seeks to minimize privacy impacts to the property adjoining to the south.   

 

SITE DETAILS

 

Property

Lot 7 DP 29666

Area

855.7m2.

Site location

Northwestern side of the Borambil Place cul-de-sac.

Existing improvements

Single storey dwelling house with existing carport.

Shape

Irregular

Dimensions

Width 10.8/36.2m           Depth 37.7/51.8m                         

Adjoining properties

East   -  Borambil Place cul-de-sac          West   -   Warraroon Reserve

North  -  Single storey dwelling house      South  -  Two storey dwelling house

 

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

 

PREVIOUS APPROVALS/HISTORY

 

No recent development history on Council’s database.

 

PROPOSAL

 

 

Alterations and additions to an existing dwelling house including:-

 

Exterior to dwelling:-

 

·    Demolish existing carport;

·    New retaining walls & steps to create a level area for a new courtyard with pergola over;

·    New stairs along the southern boundary to the proposed carport.

 

Subfloor:-

 

·    Demolish existing laundry at rear of dwelling.

 

Ground floor:-

 

·    Convert bedroom 1 shower room to an ensuite bathroom;

·    Refurbish/renovate bedrooms 1- 4 and bathroom;

·    Convert existing kitchen to study;

·    Construct a metal roofed extension eastward to provide new entry, dining room, kitchen & laundry;

·    Extend rear terrace/deck.

 

‘Mezzanine’ level:-

 

·    Construct ‘mezzanine’ level to link access from proposed carport to kitchen/ground floor level.

 

Carport level:-

 

·    Construct a new, attached double carport with metal deck roof on the eastern portion of the site adjacent to the front boundary.

  

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 – (Low Density Residential)            

 

Site Area:       855.7m2.

 

 

Proposed

Control

Complies

Floor Space Ratio

0.246:1  (210m2)

0.5:1

Yes

Height of Buildings

7m

9.5m

Yes

 

Floorspace breakdown:-

 

Gound floor         - 196m2

Mezzanine level  -   14m2

                               210 m2                 

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

8.2m (dwelling)

Consistent with area or 7.5m

Yes

Secondary street setback (corner lots)

N/a

2m

-

Side setback (min)

2.75m (north)

1.2m  (south)

1200mm single storey

1500mm two storey

Yes

 

Rear setback (min)

7.4m (existing bldg)

Proposed deck 4.2m

<1000m²: 8m or 25%

>1000m²: 10m or 35%

No change to existing setback of building.

Deck extension is a permitted encroachment 

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

5.65m

7.0m

Yes

Maximum Ridge height

7m (roof of attached carport)

9.5m

Yes

Subfloor height (max)

-

1m

-

Number of Storeys (max)

Part 1, part 2

2

Yes

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

56%  (485m2)

35%  (299.5 m2 )

Yes

Foreshore Building Line (min)

N/a

Set by adjoining dwellings

-

Cut and Fill (max)

Up to 2m

1m

No  - however, site constraints deem such reasonable. 

Solar Access

Some impact to small courtyard of No. 11.

3 hrs to portion of habitable windows in mid winter.

Reasonable access to recreation areas.

Yes – Windows Impact to courtyard addressed in report.

Provide for view sharing

No significant impact 

LEC principles

Yes

Heritage Conservation

N/a

-

N/a

Deck/Balcony depth (max)

Existing rear deck extended to 4.4m

3m (unless privacy addressed)

Minimal privacy implications due to location.

Private open space

>24 m²

24 m² (min)

4m minimum depth

Yes

Basix

Basix Cert A232005 submitted

Cert required

Yes

 

 

Car Parking

 

 

 

Proposed

Control

Complies

Off-street spaces (min)

2

2

Yes

Driveway width

3m

3m at the kerb

Yes

Driveway width (battle-axe lots) (min)

N/a

3m

N/a

 

 

Carports within the Front Setback & Garages Facing the Street

 

 

 

Proposed

Control

Complies

Setback of Carport Posts (min)

2.1 – 4.2m

1m from street boundary

Yes

% of Allotment Width (garages & carports)

59.7% of frontage  (6.5m)

 

50% of lot width or 6m, whichever is the lesser

N/a – This control does not translate to cu-de-sac frontages & is used to ensure an attractive & consistent streetscape. 

 


 

Part H – Bushland Protection

 

 

Proposed

Control

Complies

Depth of buffer area

Existing building encroaches into buffer area

10m from bushland/boundary

N/a - no further ‘building’ encroachment

Permitted structures in buffer area

Cantilevered deck

Paved areas, decking, lawn areas, garden beds etc permitted

Yes – permitted deck encroachment

Paving decking area

<25%

Not to exceed 25% of buffer area

Yes

Excavation

No excavation - deck above ground

Kept to minimum - not to impact trees/vegetation

Yes

 

Fences

 

No fencing proposed other than entry gates either side of proposed carport. 

 

Outbuildings

 

None proposed

 

REFERRALS

 

Development Engineer – 3 December 2015

 

Council’s Development Engineer has reported on the proposal and concluded that no OSD is required as the increase in impervious area is minimal. A new stormwater system is proposed and has been conditioned. A new driveway on Council property is proposed and has been conditioned.

 

(Fifteen draft conditions were recommended to be imposed on any consent granted)

 

Tree Assessment Officer – 26 November 2015

 

Council’s Senior Tree Assessment Officer reports:-

 

‘I have reviewed the DA documents/Plans and visited the site. The proposed development consists of alterations and additions to the existing house and landscape work. I have no objections to this application from an arboricultural perspective. The proposed development does not require the removal of any trees.

 

There are two (2) street trees standing on the nature strip in front of the property and these trees must be protected for the duration of the development work.’ 

 

(Nine draft conditions were recommended to be imposed on any consent granted)

 

Rural Fire Service - Bush Fire Report

 

The site is located within a Bush Fire Land Vegetation Buffer Zone and the reserve to the rear is designated flame zone.

 

The applicant submitted a Bushfire Hazard Assessment Report prepared by Building Code & Bushfire Hazard Solutions Pty Ltd dated 9th October 2015 that has provided recommendations to be implemented to ensure compliance with the intent of the requirements of AS 3959-2009 and planning for Bushfire Protection guidelines.

 

The recommendations in the report would be included as a condition should consent be granted.

 

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 issues 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 and open space purposes. Given the types of uses permissible within these zones, it is unlikely that the site would be contaminated.

 

Sydney Regional Environmental Plan - Sydney Harbour Catchment (2005).

 

The subject property adjoins Warraroon Reserve which in turn adjoins the Tambourine Bay catchment. Whilst remote from Sydney harbour, the property is still within land designated by the Regional Environmental Plan.

 

It is considered that the proposed works, whilst partly visible from a reserve, would have little impact, are relatively minor, and, are acceptable with regard to the SEPP.

 

Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005.

 

The proposed development is remote from the foreshores, and the works generally do not impact the performance criteria of the DCP and would not visually affect the Harbour Foreshores to any extent.

 

State Environmental Planning Policy 19 – ‘Bushland in Urban Areas’.

 

To the rear of the subject property is Warraroon Reserve which is classified under SEPP 19 – as Bushland in Urban Areas, and, the whole of 13 Boorambil Place is classified as ‘Land adjacent to Bushland’.

 

The development application proposes alterations & additions to the existing dwelling house which are substantially only single storey, although the mezzanine under the proposed carport will create a part second storey section. An extension to an existing rear balcony does face the reserve but will have little physical impact as it is a cantilevered deck. The works are substantially screened by existing vegetation, therefore little visual impact on the adjacent bushland to the rear is expected.

 

Appropriate draft conditions are to be imposed on the consent regarding sediment control to safeguard the bushland from sediment impacts caused by runoff during construction.

 

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

 

The plans were accompanied by a BASIX Certificate, and the commitments required to be noted at the development application stage are shown on the accompanying plans. The proposal therefore satisfies the policy and raises no further issues in this regard.

 


 

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 will 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 departures is discussed below.

 

 

Control

Proposed

Comment

Council support

Cut and Fill (1m maximum)

Cut up to 2m depth 

Steeply sloping block – limited area of cut

Yes

Deck/Balcony depth – 3 max unless privacy can be addressed

4.4m

The kidney shaped existing deck is to be ‘squared off’ and enlarged. Located at rear of house & site – privacy impact negligible

Yes

 

 

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

 

The proposal was notified in accordance with Council’s policies and 8 submissions received.

 

Seven of the submissions received were from (or on behalf of) the neighbor to the south (11 Borambil Place) with the remaining submission from a nearby neighbor at 8 Borambil Place.

 

The submissions can be summarized as follows:-

 

8 Borambil Place. 

 

Concern 1 - Setback of ‘garage’ from gutter will adversely affect streetscape.

 

Comment

 

The structure proposed is a double carport, not a garage, and the setback of between 2.1 - 4.2m from the front boundary is more the 1m minimum setback  required for carports. Although the structure will be readily visible from the street, the proposed floor level of the carport is 600mm below footpath level mitigating the overall visual impact.

 

Concern  2 - Bushland views impacted – large trees felled.

 

Comment

 

The carport could obscure some view of the reserve for pedestrians standing in Barambil Place however it is difficult to see how the carport would significantly affect the views from  8 Borambill Place. No large trees are proposed to be felled for the development.

 


 

11 Borambil Place

 

Concern 1 – Location of ‘garage’ impacting solar access to northern patio.

 

Comment

 

The proposed carport would impact midwinter solar access to a passageway & patio located on the northern side of 11 Borambill Place. However shadow diagrams have also been submitted for the 21 September equinox indicating adequate solar access. The lot orientation would suggest that any significant redevelopment of 13 Borambil Place would impact the dwelling on 11 Borambil Place in relation to overshadowing. If a new two storey dwelling built up to the 9.5m height limit was constructed and setback 7.5m from the front boundary, the impact on 11 Borambil would be significant in relation to solar access, privacy and visual impacts.

 

The dwelling at 11 Borambil Place has alternative areas of outdoor private open space, in particular the deck at the rear of the property and so the loss of midwinter solar access to the front corner patio/passageway is reasonable given the context and site constraints.                

 

Concern 2 – Privacy impact to patio from carport & stairs.

 

Comment

 

The front corner patio/passageway of 11 Borambil Place currently overlooks the front garden of 13 Borambil place and so some reciprocal loss of privacy is expected. Further, the patio of 11 Borambil Place is visible from the public footpath and so it is not considered the area is true private open space in the generally accepted sense. That being said, the applicants have proposed ‘aluminium privacy screens’ (or what appears to be slats) proposed on the southern elevation of the carport, however these would need to be fixed at an angle to ensure reasonable privacy to 11 Boorambil Place. A condition would be imposed to address this issue.       

 

Concern 3 – Impact on visual outlook from northern patio.

 

Planning comment:- The visual outlook from the patio/passageway of 11 Borambil Place is a view across the side boundary and into the front garden of the property of 13 Borambil Place. It is unreasonable to expect that this outlook be protected.    

 

Concern 4 – Relocation of carport 2m to north (height poles requested).

 

Comment

 

A relocation of the proposed carport to the north, whilst possible, would result in the loss of a Council street tree, and, incur additional costs to the applicant which is considered unreasonable considering the relatively minor amenity benefits. It is considered the impact of the carport can be assessed without the need for height poles.   

 

Concern 5 –  Carport located close to boundary without due consideration.

 

Comment

 

The difficult topography of the site leaves limited opportunity for the siting of the carport structure. The location of the carport is considered reasonable despite some effects on the property to the south. The proposed carport is setback from the side boundary by 1.2m.   

 


 

Concern 6 – Noise & fumes from proposed carport.

 

Comment

 

The domestic nature of the carport would result in only minor noise impacts to the adjoining property. Car exhaust fumes are not considered an issue in this case for the same reason.  

 

Concern 7 – Impact on financial value of 11 Borambil

 

Comment

 

No empirical evidence has been submitted to support the contention that the proposed development will impact the property value of 11 Borambil Place.

 

Concern 8 – LEP objective of the R2 – (Low Density Residential) zone to ‘retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area’, is not being met.

 

Comment

 

This broad LEP objective is considered having regard to individual circumstances & context. Any reasonable redevelopment of 13 Borambil Place up the height and floorspace ratio permitted would impact the amenity of adjoining dwellings in some shape or form.    

The aim of this objective is to ensure such impacts are not unreasonable in the context. The carport is considered reasonable in this context and is supported.

 

Concern 9 – Proposal requires a front setback variation.

 

Comment

 

The setback proposed for the carport is between 2.1- 4.2m from the from boundary, the Lane Cove DCP states that  ‘The carport posts are to be setback a minimum of 1.0m from the street alignment’ and the accompanying diagram confirms that a 1m setback is permissible.  

 

Concern 10 – Reasonable solar access to habitable rooms & recreation areas is not being met.

 

Comment

 

The DCP states:-

 

‘Dwellings or additions shall be so designed and orientated so as to give reasonable sunlight to the habitable rooms and recreational areas of the subject site and adjoining premises between 9.00am and 3.00pm on 21st June. In particular, dwellings are to be so located and designed that a portion of windows of neighbouring dwellings receive at least 3 hours of sun between 9am and 3pm on 21st June.’

 

It appears the requirement above implies two parts, ‘reasonable sunlight to habitable rooms and recreation areas’ in midwinter, but, with particular emphasis on at least 3 hours of sunlight to a portion of the windows. The shadow diagrams prepared by Denebdesign and submitted by the neighbours at 11 Borambil Place clearly show that a portion of the windows adjacent to the patio will receive the minimum 3 hours of sunlight. The ‘recreation area’ or patio is only required to receive ‘reasonable sunlight’.

 


 

The DCP goes on to state:-

 

‘Council may accept reduction in solar access for the subject site and adjacent development if the topography and lot orientation is such that the 3 hour standard is considered unachievable.’

 

It is considered that the adjoining site to the south would be impacted by loss of solar access, but not unreasonably, given the topographical constraints and orientation of the site. 

 

Concern 11 – Visual & acoustic privacy has not been protected.

 

Comment

 

Appropriate screening of the carport would assist in maintaining the visual & acoustic privacy between the dwellings.   

 

Concern 12 – Dilapidation report requested.

 

Comment

 

A condition can be imposed on any consent to address this issue.

 

CONCLUSION

 

The matters in relation to Section 79 C of the Environmental Planning and Assessment Act 1979 have been addressed within the assessment of the submissions received to the proposal.

 

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

 

The principal matter of contention within this application is the location of the proposed carport in relation to a small patio/passageway located on the adjoining property to the south. The carport would impact morning solar access in the midwinter months, however, for the majority of the year, the patio would receive ‘reasonable’ sunlight. Concerns of outlook and pollution impacts from the carport are not considered sufficient to warrant alteration to the design proposed although a condition can be imposed to mitigate some privacy concerns.

  

With regard to a relocation of the carport to the north, this would result in the loss of a street tree (Jacaranda) and unreasonable expense to the applicant for a minor amenity benefit.

 

On balance the proposed development would be reasonable and therefore is recommended for approval subject to 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 173/15 for alterations & additions to the existing dwelling house including new living, dining and kitchen wing with attached carport on Lot 7 DP 29666 also known as 13 Borambil Place, Longueville subject to the following conditions:

 

Plans

 

1.         (20) That the development be strictly in accordance with drawings:-:

 

Document

Prepared by

Dwg number

Rev

Dated

Drawing register

McNally Architects

A100 A

A

23/10/15

Site Analysis

McNally Architects

A101 A

A

23/10/15

Site Plan

McNally Architects

A102 A

A

23/10/15

Existing Floor Plan

McNally Architects

A103 A

A

23/10/15

Ground Floor Plan (Proposed)

McNally Architects

A104 A

A

23/10/15

Mezzanine Floor Plan (Proposed)

McNally Architects

A105 A

A

23/10/15

First Floor Plan (Proposed)

McNally Architects

A106 A

 A

23/10/15

Roof Plan (Proposed)

McNally Architects

A107 A

A

23/10/15

Landscape Area Calculations

McNally Architects

A109 A

A

23/10/15

Floorspace Ratio Calculations

McNally Architects

A110 A

A

23/10/15

Existing Elevations

McNally Architects

A201 A

A

23/10/15

North Elevation

McNally Architects

A202 A

A

23/10/15

South Elevation

McNally Architects

A203 A

A

23/10/15

East Elevation

McNally Architects

A204 A

A

23/10/15

West Elevation

McNally Architects

A205 A

A

23/10/15

Section A-A

McNally Architects

A301 A

A

23/10/15

External Finishes

McNally Architects

A700 A

A

23/10/15

Site Drainage Erosion & Sediment Control Plan

CPM Engineering

Sheet 1 of 1

 

03/09/15

 

2.      The aluminium privacy louvers/slats proposed along the southern elevation of the carport are to be fixed at an angle to prevent overlooking of the adjacent patio of 11 Borambil Place.

         Details are to be provided with the Construction Certificate.

 

Bushfire Condition

 

3.      The nine (9) recommendations identified in the Bushfire Hazard Assessment Report prepared by Building Code & Bushfire Hazard Solutions Pty Ltd dated 9th October 2015 be implemented during the construction program to ensure compliance with the intent of the requirements of AS 3959-2009 and Planning for Bushfire Protection guidelines.

 

General Conditions

 

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

 

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

 

6.      (11) The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In” , please refer to web site www.sydneywater.com.au. This is 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. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

 

7.      (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.

 

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

 

 

9.      (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.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (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.

 

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

 

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

a)         footings;

b)         reinforced concrete work;

c)         structural steelwork;

d)         upper level floor framing.

 

16.       (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.

 

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

a.   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 demolition works being 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 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.

 

27.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate No. A232005 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.      (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

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

Note:

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

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

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

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

37.      (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 15212-C01 by CPM Engineering dated 03-09-15.

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

 

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

 

38.    (V8) Car Parking: The proposed carport is a raised platform and needs to provide a suitable barrier in accordance with AS2890.1 to avoid vehicles from running over the edge. Amended plans reflecting this requirement are required prior to the issue of the Construction Certificate.

 

39.      (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

40.      (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.

 

41.    (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.

 

Engineering Condition to be Complied with Prior to Commencement of Construction

 

42.       (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

 

43.       (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. 

 

Landscape / Tree Conditions

 

44.    (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.

 

45.    (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.

 

46.    (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.

 

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

 

48.    (317) The two (2) street trees standing directly in front of the site must be retained and protected.  A 1.8 m high chain mesh fence shall be erected encompassing the entire grass nature strip in front of the site. 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.

 

49.    A waterproof sign must be placed on all tree protection zones 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.

 

50.    All 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, including construction of the driveway crossing.

 

51.    (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.

 

Bond on Street & Council Trees

 

52.    Pursuant to Section 80A(6)(a) and (7) of the Environmental Planning and Assessment Act 1979, the applicant must, prior to the issue of the first construction certificate, provide security in the amount of $3,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the two (2) street trees that are on the public road reserve immediately adjoining the land subject of this development consent.

 

The Council may apply funds realised from the security to meet the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the said trees. If the cost of making good any damage caused to the said trees as a consequence of the doing of anything to which this development consent relates exceeds the amount of the security provided by the applicant additional security must be provided by the applicant to the Council to cover that cost and the Council may apply funds realised from the additional security to meet the total cost of making good the damage."

The applicant shall contact Council’s Senior Tree Assessment Officer to have the street tree inspected and the Bond refunded following issue of the final Occupation Certificate. 

 

Michael Mason

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT-2 View

Notification Plan

2 Pages

 

 


 

Independent Hearing and Assessment Panel Meeting 2 February 2016

72 Burns Bay Road, Lane Cove

 

 

Subject:          72 Burns Bay Road, Lane Cove    

Record No:     DA15/136-01 - 1086/16

Division:         Environmental Services Division

Author(s):       May Li 

 

 

EXECUTIVE SUMMARY

 

The site is also known as Mandalay which is located at 72 Burns Bay Road, Lane Cove.  It is listed as heritage Item No. I155 in Schedule 5 – Environmental Heritage of Lane Cove Local Environmental Plan 2009.

 

This development application was lodged with Council in September 2015 seeking consent for the alterations and additions to the existing building and change of use to a child care centre for 120 children. 

 

The original proposal provided 14 off street car parking spaces were proposed for staff and visitors.  All required car spaces for the drop off/pick up were proposed on Burns Bay Road and Tambourine Bay Road along the property frontages.  The proposal also included the relocation of the bus stop on Burns Bay Road in front of the premises.

 

A significant number of objections (41 submissions) were received in response to the notification of the original proposal.  The major concerns raised in the submission related to insufficient off street parking provision, reduction of street parking spaces for a commercial use and increasing traffic movement during peak periods. 

 

During the assessment process, the applicant amended the proposal and lodged amended plans in November 2015 after the advice of non-compliances relating to on site car parking provision and concerns raised by nearby residents.  The amended proposal increased the off street car parking provision from 14 to 25 car spaces which included 16 car spaces for drop off/pick up and 9 car spaces for staff.  The original proposed street parking provision for the drop off/pick up along Burn Bay Road have been deleted.  However, 5 indented car spaces on Tambourine Bay Road have been proposed for drop-off/pick up.  7 submissions were received in response to the notification of the amended plans. 

 

The proposed child care centre with 120 children would require providing 24 car parking spaces for the drop off/pick in accordance with the parking provisions of Lane Cove Development Control Plan. The amended proposal with 16 car spaces for the drop off/pick up would meet the parking requirement for 80 children.

 

The development application is recommended for approval subject to a condition which would restrict the maximum number of children to 80 in the proposed child care centre. 

 

APPLICATION INFORMATION

 

Property:

72 Burns Bay Road, Lane Cove

DA No:

DA 136/2015

Date Lodged:

The development application was lodge with Council on 9/9/2015. 

Amended plans were lodged on 12/11/2015

Cost of Work:

$1,278,076.00

Owner:

A F Fleming & J M Wilfred

Applicant:       

Formative Group Pty Ltd

 

Description of the proposal to appear on determination

Alteration and addition to an existing building and change of use to a child care centre.

 

Zone

R2 - Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

Yes.  The site is known as Mandalay and is listed as a heritage item No. I155 in Schedule 5 – Environmental Heritage of Lane Cove Local Environmental Plan 2009.

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 7a, 9b & 10b

Stop the Clock used

Yes – 90 days

Notification

The original development proposal and the amended plans were notified to the neighbours, all councilors and progress associations in accordance with Council’s notification policy. 

 

SITE

 

Property

Lot B, DP 379033, Lot Y, DP 379034 & Lot E, DP 379035

 

Total Area

2864m2

Site location

At the south-western corner of Burns Bay Road and Tambourine Bay Road, Lane Cove

Existing improvements

An existing two storey building with basement is located on Lot B, DP 379033.  Lot Y, DP 379034 and Lot E, DP 379035 are occupied by a driveway and landscaping.

Shape

Irregular

Dimensions

Frontage to Burns Bay Road: 64.32m

Frontage to Tambourine Bay Road: 42.24m.

Adjoining properties

East:  Tambourine Bay Road, and a residential flat building at 2 Tambourine Bay Road, Lane Cove.

 

West: Medium density residential development located at 72A Burns Bay Road, Lane Cove.

 

North: Burns Bay Road, group of residential flat buildings located along the northern side of Burns Bay Road and a medical centre located at 65 Burns Bay Road, Lane Cove. 

 

South: 4 dwelling houses located at 1-3 Tambourine Bay Road and 1-3 Seville Street, Lane Cove.

 

Site Location Plan and Neighbour Notification Plan attached (AT-1) and (AT-2).
PREVIOUS APPROVALS / HISTORY

 

DA 216/2005

Reconstruction of Porte Cochere at reception centre consent granted on 8/9/2005.

DA 260/1983

Additions to function and reception centre consent granted on 5/9/1983. 

 

The premises are currently vacant and the previous uses are not considered relevant to the current development proposal.

 

PROPOSAL

 

 

The proposal involves alteration and first floor rear addition to the existing building and change of use to a child care centre.  The original proposal submitted in September 2015 involved:

 

·    The maximum number of children attending the centre was 120.

·    The hours of operation would be between 6.30am and 6.00pm, Monday to Friday, excluding public holidays.

·    There would be 18 staff including 13 full time and 5 part time staff.

·    14 car spaces were proposed on the site for staff and visitors.

·    Landscaping including relocation of trees.

·    Consolidation of Lot B, DP 379033 and Lot E, DP 379035.

 

The application also sought consent for the following provision on Council property:

 

·    The allocation of 5 car spaces on Burns Bay Road and 7 car spaces on Tambourine Bay Road for the drop off/pick up facility of the proposed child care centre.

·    Relocation of a bus stop on Burns Bay Road in front of the subject site.

 

An amended proposal submitted in November 2015 involves:

 

·    The maximum number of children in the centre would be 120.

·    The hours of operation would be between 7.00am and 6.00pm, Monday to Friday excluding public holidays.

·    There would be 18 staff including 13 full time and 5 part time staff.

·    25 car spaces would be provided on the site including 9 tandem car spaces for staff and 16 car spaces for the drop off/pick up facility.

·    Landscaping including relocation of trees.

·    Consolidation of three existing lots. 

 

Refer to amended plans attached (AT-3)

 

Major amendments to the original proposal:

 

·    Increased of off street parking provisions from 14 car spaces to 25 car spaces. 

·    The proposed child care centre would be opened at 7.00am.

·    No drop off/pick up provisions proposed on Burns Bay Road.

·    Additional acoustic measures are proposed.

 

 

The amended application also seeks consent for the following provisions on Council property:

 

·    Relocation of the bus-stop in front of the property at Burns Bay Road.

 

·    Construction of 5 car spaces on Tambourine Bay Road in an indented bay for the drop off/pick up facility of the proposed child care centre. 

 

The proposed car spaces on Tambourine Bay Road are located on Council land.  Council has not granted for the construction of the indented car spaces.  They should not be included in the car parking provision of proposal.  

 

PROPOSAL DATA / POLICY COMPLIANCE

 

Lane Cove Local Environmental Plan 2009

 

 

Control

Proposed

Complies

Floor Space Ratio

0.5:1

0.29:1

Yes

Height of Buildings

9.5m

10.9m (as existing)

8.9m in addition

N/A

Yes

 

Note:

 

·    The site is listed as a heritage item in accordance with Lane Cove LEP 2009.

·    The maximum height of the existing two storey building is 10.9m.

·    The maximum height of the proposed extension is 8.9m.

·    The proposal would not alter the maximum height of the existing building.  The proposed extension complies with the building height standard of the LEP and a written request for the exception to the development standard of Clause 4.3 – building height is not required.

 

Lane Cove Development Control Plan Part I & R – Child Care Centres

 

The following table details compliance with Council’s DCP requirements:

 

Provision

Requirements

Proposed

Complies

I.3.1  Indoor play area

3.25m2/child

390m² @ 3.25m2/child

Yes

I.3.2  Other indoor space

Minimum 5m2 for each employee (90m2 required)

 

 

 

 

 

 

 

 

 

Administration room required

42.83m2 @ 2.4m² /employee

 

 

 

 

 

 

 

 

 

Director’s office and office/file rooms are provided on the Ground Level.

 

No.  However, kitchen/lockers are included in the staff room and a bathroom is also proposed on Level 3.  The proposed staff facility is considered acceptable. 

 

Yes

 

I.3.3  Outdoor play area

7m2/child (848m2 required)

 

30% Natural Planting area

Access to three hours of sunlight a day (in commercial areas)

 

Provision of a variety of surfaces (including sand, soft fall, paving and timber platforms)

 

Children have access to 3 hours of sunlight a day

 

 

Special attention must be given to reduce or minimise noise, pollution and wind. 

868m² @ 7.2m2/child

 

805m² planting or 93%

The site is located within residential area

 

Sand pits, soft areas, rated surface turf, hard paved and timber platforms proposed

 

The outdoor play areas would receive a minimum of 3 hours of solar access. 

 

No special measures proposed.

Yes

 

Yes.

 

N/A

 

 

Yes

 

 

Yes

 

 

 

Yes.  The site is located within residential area and adequate landscaping is proposed. 

I.4  built form & building appearance

a) Child care centres must comply with the same standards for built form controls as provided under the DCP of the respective zone.

 

The proposal would retains the built form of the existing building and meets the built form provisions of Part C1 of the DCP relating to the setbacks and height controls

Yes. 

 

b) The design and layout of the child care centres must respond to the character of the existing neighbourhood and streetscape.

The proposed childcare centre is located within R2 zone and the existing building would be retained for the proposed use

Yes.  The proposed built form is compatible with the built form of the surrounding residential developments.

c) In low density residential areas, child care centres are encouraged to be single storey in height for reasons of safety and access. In the case of 2 storey buildings, the second storey should only be used for the purposes of storage and staff facilities.

The subject site is located in a low density residential area and the existing building was built for a large house and the upper level is suitable for indoor play areas for children.

 

Acceptable

d) All child care centres are preferred to be located at ground floor level where achievable and in areas where the opportunity for natural landscaping comprising deep planting is possible (ie, not located entirely over a basement area)

The outdoor play areas on the ground level are accessible to children.

Yes.  The proposal provides sufficient deep planting landscaping for outdoor play areas. 

e) In buildings including both residential uses and child care centres, the residential areas of the property are to be designed so as to prevent access to them by non-resident children. This includes both indoor and outdoor areas (such as washing lines etc.)

The building does not include any residential uses.

Not applicable

I.5  Car parking / traffic

The requirements in Part R of the DCP supersede any references to traffic, transport and parking contained in other sections of Lane Cove DCP.  The following provisions in Part R apply to the proposal:

1 space/2 full time employees

(13/2= 6.5 spaces required)

1 space/3 part time employees

(5/3=1.7 spaces required)

1 drop off space/5 children

(120/5=24 spaces required)

Total required spaces:  32

1 disabled car space/20 car spaces (2 space required

25 on site car spaces proposed including 6 car spaces in the Basement Level and 19 car spaces on Ground of the site

 

 

 

 

 

Staff parking: 9

 

 

Drop off/pick up spaces: 16

 

Total proposed 25 car spaces. 

 

Disabled car space: 1

 

No.  The number of car spaces for pick –up/drop off proposed on site meets the parking provision for no more than 80 children.

 

Yes

 

 

No

 

No

 

No.  It could be addressed by a traffic condition (Condition 85).

The centre should not be located on a road which carries traffic volumes in excess of 1,000 vehicles per hour, unless satisfactory off-street parking and entry/ exit provision is made.

Burns Bay Road is a local road and carries traffic volumes less than 1000vph.

Yes

 

I.6  Accessibility 

Access should be in accordance with Australian Standard 1428.1 to 4 to comply with Part D of the Building Code of Australia

 

Proposed.  A pedestrian path to the front of the building from Burns Bay Road is proposed.  A new lift is proposed within the building for the access of each level. 

Yes

I.7  Safety/security/fencing

a)  Floor should be of a non-slip surface and easy to clean

Insufficient information to show the compliance

Conditioned to comply

b) Fire safety precautions must be provided in accordance with Building Code of Australia and Australian Standard 1851.1–1995.

Compliance with BCA proposed

Yes

c) Every gate should be provided with a childproof self-locking mechanism, but must still be accessible for adults in wheelchairs.

Not shown on plans

To be conditioned to comply

d) Child Care Centres which are not entirely located at ground level must satisfy Council as to their high safety level relating to fence / balcony heights, reduced window opening sizes etc.

Detail fencing plan is provided to secure areas with appropriate safety fencing

Yes.

e) Any part of the Child Care Centre that is designated for outdoor play space must be fenced on all sides.

Outdoor play areas are fenced on all sides

Acceptable

f) Any side of a stairway, ramp, corridor, hallway or external balcony that is not abutting a wall must be enclosed to prevent a child being trapped or falling through.

No exposed stairways proposed

 

To be able to conditioned to comply

g) Fences should be designed to minimise noise transmission (on busy roads), improve privacy and must not dominate the streetscape. Materials and finishes for fences may be used that complement the surrounding streetscape.

Acoustic fences are proposed along the boundaries to minimise the noise impact to the nearby residential dwelling houses.  

Yes

I.8  Environmental hazards/air quality

 

a) In Child Care Centres located on roads where there is an average daily traffic rate of more than 5,000 per day, exposure to air and noise pollution sources should be minimised by the use of air conditioning and the location of outdoor play areas.

Acoustic fencing is proposed to minimise the traffic noise impact from Burns Bay Road. 

Yes

 

b) To avoid mosquito bite infections Council may require that all doors and windows should be screened. Mosquito breeding must be minimized by ensuring that drains and gutters are cleared and/or covered and that dark, damp areas are clear of vegetation and clutter.

No details are provided regarding proposed screening.

Required given the site is located adjacent to a reserve. 

I.9 Landscaping /planting

 

a) Planting should be used for its quality of shading, screening and decorating outdoor areas.

Trees located on the northern and western boundary will shade the place during the hottest part of day.

Adequate planting is proposed for shading; and inadequate shade structures proposed for shading to the outdoor play area.

Yes

 

 

b) The planting and vegetation should provide educational features.

Provided

Yes

c) Where the outdoor play area is proposed above ground level natural plants are to be provided in pots.

A small portion (7%) of the outplay area is proposed on the first floor balcony and majority of the outdoor play area are proposed on the garden area of the site.

Yes

I.10  Privacy and Noise Minimisation

 

Effort should be made to reduce any possible adverse noise impact into the child care centre.  In certain situations, this may require double-glazing of windows or appropriate location of windows.

A Noise Impact Assessment Report addresses noise intrusion from the road to the rear and recommends an acoustic barrier. 

To be able to conditioned to comply with the recommendation of the acoustic report

 

b) The development application should demonstrate that privacy and noise minimisation for neighbouring properties have been considered in designing the centre.

The acoustic assessment report recommends the use of acoustic fences to address noise into neighbouring properties

To be able to conditioned to comply with the recommendation of the acoustic report

 

I.11

Sustainability

Applications in residential zonings need to indicate that they fulfil any requirements for a BASIX Certificates which may have been introduced by the State government for relating to water and energy efficiency etc. 

The development is located within a residential zone and energy efficiency report was submitted with the application. 

Yes

I.12 Hours of Operation

The maximum hours of operation shall be between 7.00am and 6.00pm, Monday till Friday, in a residential zone.

7.00am until 6pm proposed. The property is not located in a residential zone.

Yes

 

 

 


 

REFERRALS

 

Building Surveyor

 

The Senior Building Surveyor has assessed the amended plans and provided the following advice:

 

I have assessed the proposal against the Deem to Satisfy Provisions of the Building Code of Australia and advised that there are a number of non compliances.  These non-compliances can be addressed via an alternate solutions and I have addressed this with the recommended conditions that can be inserted into the consent in the event of the approval of the development application. 

 

Comment

 

 

The building surveyor has endorsed the amended plans and the recommended conditions would be included in the recommendation of the report (Condition 42-47).

 

Development Engineer

 

The development engineer has assessed that original proposal and the amended plans.  He is advised that OSD is not required as the increase in impervious area is minimal.  The proposed storm water management plan has been conditioned to comply with the provisions of Part O – Stormwater Management of Lane Cove Development Control Plan.

 

Comment

 

The development engineer raised no objections to the proposed development subject to recommended draft conditions which have been included in the recommended conditions of consent. (Condition 48-60).

 

Environmental Health Manager

 

The environmental health officer has assessed the proposal and provided the following advice:

 

I have reviewed the additional information provided by the applicant in respect of the acoustic impact and concur with their findings of Renzo Tonin, although the potential is there for noise nuisances to occur if the centre is not managed correctly.

 

Whilst the acoustic report addresses the key noise impacts, there is the potential impact on the surrounding locality in situations where the noise of the children playing in external areas or the use of amplified musical equipment occurs.  As such it will be essential that all staff is inducted into the noise control requirements in the use and operations of the facility.

 

Comment

 

The Environmental Health Manager has recommended the proposed development for approval subject to draft conditions which have been included in the recommendations (Condition 61-73).

 

Heritage Adviser

 

The subject site is listed as a heritage item in accordance with Lane Cove Local Environmental Plan 2009.  The development proposals have been referred to Council’s heritage adviser for assessments.  The heritage adviser has endorsed the amended proposal and provided draft conditions of consent.  Refer to Attachments  4 and  5  (AT4 and (AT5)) for Heritage Advices.

 

Comment

 

The applicant had sought pre-lodgment advice from Council prior to the submission of the development application.  Council’s heritage consultant was invited to attend the pre-DA meeting and provided advice relating to heritage issues of the site. 

 

The heritage advisor did not raise objections to the designs of both original and the amended proposals during the assessment process.

 

The draft conditions recommended by the heritage advisor have been included in the recommendation of the report (Condition 74-77).

 

Traffic Manager

 

Council’s traffic engineers assessed both original and amended plans and advised that the there is a provision of 25 off-street parking proposed.  16 parking spaces are to be allocated to short term drop-off/pick up would only meet the parking requirement for 80 children.  Refer to Attachment 6 (AT6) for the Traffic Assessment Advice.

 

Comment

 

Council’s traffic engineers have assessed the traffic and parking management of the proposed development and only supported 80 children in the proposed child care centre.  The proposed car parking spaces on Tambourine Bay Road are not supported and cannot be counted as short term drop off spaces of the proposal.  The draft recommended conditions by the traffic engineers are supported and have been included in the recommendations of the report (Condition 78-104).

 

Landscape Architect

 

Council’s landscape architect has assessed both original and amended proposals and provided the following advice:

 

The identified palm trees for transplantation are species that are commonly transplanted.  They are very mature species have been retained for their amenity and landscape value.  It is a very positive sign that the applicant has endeavoured to provide a Transplanting Methodology.  It is also extremely important that the procedures are followed correctly.  The retention of the Palms will maintain the distinct landscape character on this and the building and the new positions of the transplanted palms have been well placed.

 

The current landscape plans present childcare facility landscape features that are in keeping with that style of a play space environment.  There is good provision for landscaping at grade on subject site and will need to meet standards playground and childcare outdoor spaces standards.

In terms of the soft landscape proposal the plans provide sufficient detail in relation to the planting and the plant schedule is primarily made up of exotic plants which are acceptable and in keeping with the landscape character of this particular site and the retention of the palms.  The selected plant species can work well in a childcare environment, where there is a need to select suitable plants that will not irritate children’s skin or allergies.

 

Comment

 

Council’s landscape architect has endorsed the proposed landscape plans and provided draft conditions which have been included in the recommendation (Condition 105-110).

 


 

Tree Assessment Officer

 

The Senior Tree Assessment Officer provided the following advice after the assessments of both original plans and the amended plans:

 

 I have no objections to the proposed removal of trees numbered 5 – 6 - 8 – 9 – 18 – 19 – 21 – 24 – 29 – 34 – 47 – 48 – 49 – 50 – 56 – 60 and 61.  The canary Island Date Palm (Tree No: 55) must be retained and protected for the duration of the development work.  Excavation is not permitted within 4 metres radial distance of this tree.

 

The main tree related issue is transplanting of Palm trees within the site. The information in Dave Dooley’s tree transplanting report is to Council’s satisfaction. The report outlines the transplanting of three (3) Canary Island Date Palms and one (1) clump of Alexander Palms.

 

The transplanting methodology statement by Dave Dooley from Tree Transplanters Australia is to the satisfaction of Council and must be adopted as part of the development consent. Transplanting of the four (4) Palm trees known as Tree No: 31 - 35 – 40 and 51 must be carried out in accordance with the methodology statement by Dave Dooley from Tree Transplanters Australia and, transplanting must be carried out by Tree Transplanters Australia and include the re-establishment program (Section 8 of the statement) for a period of at least 26 weeks.

 

Comment

 

The Tree Assessment Officer’s advice is considered acceptable and the recommended draft conditions have been included in the recommendation (Condition 111-120).

 

Others

 

An accessible pedestrian entrance path is proposed between the footpath on Burns Bay Road and main entrance of the proposed child care centre.  A lift would provide access to each of the building.  Council’s community development officer supports the proposed use on the site and raised no objections to the design in regarding with the site accessibility. 

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

 

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

 

Other Planning Instruments

 

Section 94 Contribution

 

The proposal would create additional 169m2 gross floor area on the site for a commercial use.  Section 94 contribution is applicable in accordance with Part 11 – Combined Section 94 Contributions of the Lane Cove Section 94 Contribution Plan.

 

The contribution is required for the traffic management, streetscape improvements, open space and recreation facilities, drainage and community facilities. 

 

The contribution is based on 169m2 and the contribution rate of $100/m2 per additional retail/commercial floor space.  The requirement calculated as the follows:

 

169m2 x $100/m2 = $16,900.00

 

The requirement of the S94 contribution has been included as a condition of consent (Condition 7).

 

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 will 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.

 

As discussed in the compliance table in the previous section of the report, the proposal does not meet two provisions of Lane Cove Development Control Plan relating to car parking and the size of staff room.

 

DCP Car Parking Provisions

 

Part R – Traffic, Transport and Parking of Lane Cove Development Control Plan specified the following provisions for child care centres:

 

·    1 space per 2 full time employees

·    1 space per 3 part time employees

·    1 short term drop off space per 5 children and

·    1 disabled space per 20 car spaces (minimum 1 disabled space).

 

Car Parking Requirements

 

The child care centre is proposed to accommodate 120 children, 13 full time staff and 5 part staff.

 

The parking requirement of the proposed development is calculated as the follows:

 

·    6.5 car spaces for 13 full time staff (13/2)

·    1.7 car spaces for 5 part staff (5/3)

·    24 car spaces for short term drop off (120/5)

·    Total required parking provision is 32 car spaces including

·    2 disable car spaces (32/20).

 

Comment

 

The proposal with 25 off street car parking spaces does not meet the parking requirements for 120 children.  The proposed capacity of 120 children within the child care centre is not supported and the maximum number of children in the centre should be restricted to 80 children as a condition (Condition 2). 

 

The 25 car spaces are proposed on site including 9 tandem car spaces which would be used by staff.  The remaining 16 car spaces could be allocated for parents’ drop off/pick up provision.  The proposed short term car spaces would meet the parking requirement for 80 children. 

 


 

The Size of Staff Room

 

The DCP states that a child care centre should have 5m2 of office space, toilet etc for each employee.

 

The proposed child care centre would have 18 staff for 120 children and the required size of the staff room is 90m2.  The total area of the proposed staff rooms in the centre is approximately 43m2 and is below the minimum provision of the DCP.

 

The variation to the provision has been considered with the following reasons:

 

·    The number of staff in the centre would be reduced if the number of children to be reduced from 120 to 80.

·    The staff facility includes the director’s office and the office/file room on Level 2, a staff room with kitchen/lockers and a bathroom on Level 3.

·    The proposed staff facility might provide a reasonable space to meet the functions of staff room.

 

The staff facility in the proposed child care centre would be subject to a licensing approval from the NSW Department of Family and Community Services (Condition 2A).

 

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

 

The development proposal was notified in accordance with Council’s notification policy.  The initial notification commenced on 15 September 2015. A wider notification commenced on 30 September 2015 and completed on 14 October 2015. 

 

41 submissions were received in response to the notification of the original proposal.  The major concerns raised in the submissions are discussed below:

 

·    The proposed development would make the street busier & noisier.

Comment

 

The site is currently vacant.  The proposed use as a child care centre would create additional traffic movements to the site during the day.  However, the site was previously used as a function centre and the previous consent allowed the function centre to accommodate up to 150 guests and operated until midnight, 7 days per week.  The proposed child care centre would operate between 7.00am and 6pm, Monday to Friday.  It would be closed in the evening and weekend.  The proposed use is permissible within residential zones and is considered acceptable. 

 

·    The proposed development would change on-street parking provisions.

Comment

 

It is agreed that the proposed car spaces on Tambourine Bay Road for the drop off/pick up facility of the proposed child care centre would change the on-street parking provisions and is not supported.  

 

·    There is inadequate car parking spaces proposed on site.


 

Comment

 

It is agreed that the proposal does not meet the car parking requirements of a child care centre with 120 children.  The proposed off street parking provision meets the parking requirement of a child care centre with 80 children. 

 

·    The location of the proposed child care centre is too close to another childcare centre

Comment

 

This is not a planning matter.  There are no provisions in Council’s planning control to restrict the number of child care centres within a street. 

 

·    It will require to change the zoning of the site from residential to commercial use

Comment

 

The proposed child care centre is a permissible use within the zone in accordance with Lane Cove LEP 2009.

 

·    The use of street parking facility for the drop off/pick up would put children at risk as they would not be seen by passing vehicles.

Comment

 

Agree.  The proposed short term parking provisions on Tambourine Bay Road is not supported.  The proposed off street parking provision including 16 car spaces for the drop off/pick up facility would be adequate to meet the car parking requirements for a child care centre with 80 children.

 

·    The relocation of the bus stop on Burns Bay Road is not supported.

Comment

 

The bus stop is located on public property.  The relocation of the bus stop would require separate consent from Lane Cove Traffic Management Committee and State Transit Bus Services.  The relocation of the bus stop is not included in the determination of this development application. 

 

·    It is too early for a child care centre opens from 6.30am.

Comment

 

The original proposed hours of operation were 6.30am to 6pm, Monday to Friday.  The applicant has amended the proposed hours of operation to 7.00am to 6.00 pm which meet the provisions of Lane Cove DCP.

 

·    The proposed development should use a driveway through on site for parents to safely drop their children within the confines of the grounds.

Comment

 

The site currently has two vehicle crossings from street.  Council’s traffic engineer has advised that one of the existing vehicle crossings at the corner of Burns Bay Road and Tambourine Bay Road is too close to the roundabout and it is not safe for the vehicle crossing to the site.  It is recommended to be deleted. 

 

·    The proposed development would create noise impact to the surrounding residential premises.


 

Comment

 

The applicant has included acoustic measures in the amended plans to reduce noise impact to the adjoining residential premises.  Council’s environmental health officer also has provided recommended conditions to address the noise impacts from the proposed child care centre.

 

·    Acoustic fencing should be installed along the western boundary

Comment

 

Acoustic fence has been proposed by the applicant along the western boundary to address the residents’ requests.

 

The amended proposal was re-notified between 16 November 2015 and 30 November 2015. 

All submissions were taken into consideration during the assessment process.  7 Submissions were received in response to the notification of the amended plans.  One submission supported the proposed use as a child care centre, however, requested conditions to be imposed addressing noise, visual amenity, traffic and public safety concerns.  6 submissions raised objections to the amended plans. 

 

Residents raised objections to the amended plans reaffirmed their concerns relating to the use of street parking facility for a private commercial use and the increasing parking demand on the nearby streets.

 

Comment

 

The proposed indented car parking spaces on Tambourine Bay Road are not supported.  The recommended number of children in the proposed child care centre is calculated based on the number of off street car spaces proposed on the site.  Conditions of consent would be imposed to ensure that the proposed development complies with the parking requirements of Lane Cove DCP.

 

CONCLUSION

 

The proposed development involves alteration and addition to an existing building and change of the use to a child care centre.  The site is located within a residential zone and child care centre developments are permissible with consent.  The proposed design meets the building height and the floor space ratio provisions of Lane Cove Local Environmental Plan 2009.  The proposed street parking provision for parents’ drop off/pick up facility on Burns Bay Road and Tambourine Bay Road is located on public land and is not supported by the assessment team.  The proposal does not meet the car parking provisions for a child care centre with 120 children in accordance with the provisions of Lane Cove Development Control Plan.  The proposed off street car parking provision only satisfies the parking requirement of a child care centre with 80 children. The non-compliance with the staff room provision of the DCP is subject to the licensing approval from NSW Department of Family and Community Services.  All submissions received in response to the notifications of the development proposals were taken in to consideration during the assessment.  On balance the proposed development 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 DA 136/2015 for the alteration and addition to an existing building and change of use to a child care centre on Lot B, DP 379033, Lot Y, DO 379034 and Lot E, DP 379035 and known as 72 Burns Bay Road, Lane Cove subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with the following drawings with project No. 1459A, dated 9/11/2015, prepared by Archizen Architects except as amended by the following conditions.

 

-           Title Sheet, DA00, Issue D1;

-           Site & Analysis Plan, DA01, Issue D, dated 30/10/2015;

-           Level 1 Floor Plan, DA02, Issue D1;

-           Level 2 Floor Plan, DA03, Issue D, dated 30/10/2015;

-           Level 3 Floor Plan, DA04, Issue D, dated 30/10/2015;

-           North Elevation, DA05, Issue D, dated 30/10/2015;

-           East Elevation, DA06, Issue D, dated 30/10/2015;

-           South Elevation, DA07, Issue D, dated 30/10/2015;

-           West Elevation, DA08, Issue D, dated 30/10/2015;

-           Section, DA09, Issue D, dated 30/10/2015;

-           Mandalay Landscape Plan, Area A, Job No. 1513, DA-01A, dated October 2015;

-           Mandalay Landscape Plan – Area B, Job no. 1513, DA-02A, dated October 2015;

-           Mandalay Planting Plan, Job No. 1513, DA-03A, dated October 2015.

 

2.         The maximum number of children in the proposed child care centre must not exceed 80 at any time.

 

2A.      The operation of the child care centre including the staff facility shall comply with the licensing requirements of NSW Family and Community Services. 

 

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.         (3) If there is a change of building use the provisions of Clause 78B of the Environmental Planning and Assessment Regulation 1998 must be complied with.

 

6.         (11) The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is 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. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

 

7.         (15) THE PAYMENT OF A CONTRIBUTION OF $16,900.00 TOWARDS TRAFFIC MANAGEMENT AND STREETSCAPE IMPROVEMENTS, OPEN SPACE AND RECREATION FACILITIES, DRAINAGE AND COMMUNITY FACILITIES.  THE CONTRIBUTION TO BE MADE PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE AND TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS AT THE CURRENT RATE OF $100/m2 (2015-2016).  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THE CONTRIBUTION IS BASED ON 169SQM AND THE CONTRIBUTION RATE OF $100 PER SQM OF ADDITIONAL RETAIL/COMMERCIAL FLOOR SPACE.

 

THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

8.         (31) All car parking spaces on site shall comply with requirements of the Australian Standard AS 2890.1-1993 ("Parking facilities, Part 1: Off-street car parking").

 

9.         (35) Hours of Building Works

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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.

 

10.       (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.

 

11.       (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.

 

12.       (38) All advertising signs/structures being the subject of a separate development application.

 

13.       (42)  The provision of 25 on-site carparking spaces for the use of the proposed child care centre at all times.

 

14.       (43) Access and parking spaces for disabled persons being provided in accordance with Part D.3 of the Building Code of Australia.

 

15.       (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.

 

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

 

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

 

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

 

18.       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.

 

19.       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.

 

20.       (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.

 

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

 

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 the floor level of Level 3;

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.       (67) 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

32.       (130)  Compliance with the Waste Management Plan submitted with the development application.

 

33.       (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.

 

34.       (135) All loading and unloading must be carried out from within the premises and no loading or unloading of goods, materials, equipment or the like associated with the development to take place on Council’s road or footpaths without the prior approval of Council.

 

35.       (136) The hours of operation being restricted to between the hours of:

 

Monday to Friday:                                           7.00am to 6.00pm.

Saturday, Sunday & Public Holidays:              Closed.

 

36.       (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.

 

37.       (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.

 

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

 

39.       (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

40.       (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.

 

41.       (139) A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

BCA Conditions

 

42.       The new part and any affected part of the building must comply with the Access Code under the Disability (Access to Premises – Buildings) Standards 2010 to ensure access to the building, facilities and services within the building is provided for people with a disability.

 

43.       The proposed new pedestrian path from the property boundary to the main point of pedestrian entry is to be constructed in accordance with Performance Requirement DP1 of the Building Code of Australia. Details to be provided to the certifying authority prior to the issue of a construction certificate.

 

44.       An accessible sanitary facility is to be constructed on level 3 in accordance with Building Code of Australia Table F2.4a and AS1428.1-2009.Details to be provided to the certifying authority prior to the issue of a construction certificate.

 

45.       A sprinkler system must be installed to the whole building in accordance with Building Code of Australia clause E1.5. Details to be provided to the certifying authority prior to the issue of a construction certificate.

 

46.       The existing building must be brought into conformity with Performance Requirements CP1, CP2, CP8, EP1.1 and EP1.3 of the Building Code of Australia (BCA), to protect persons using the building, and to facilitate their egress from the building in the event of a fire, and to restrict the spread of fire from the building to other buildings nearby. Details of the design indicating compliance with the nominated Performance Requirements of the BCA must be provided to the certifying authority prior to the issue of a construction certificate.

 

Note: Due to the heritage characteristics of the building, any changes to the external fabric of the building (other than those already approved) require Council approval prior to the issue of a construction certificate.

 

47.       A certificate from a professional 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.

 

General Engineering Conditions

 

48.       (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.

 

49.       (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. 

 

50.       (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.

 

51.       (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.

 

52.       (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.

 

53.       (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.

 

54.       (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’.

 

55.       (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

 

56.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 2015/91-SW1 prepared by Law & Dawson Pty Ltd dated July 2015.

 

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

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

 

57.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $6000 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

 

58.       (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

 

59.       (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. 

 

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

 

Environmental Health Conditions

 

61.       (409) Construction and Fit out of Food Premises

 

To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all work involving construction or fitting out of the premises shall comply with the requirements of the Food Safety Standards Code (Australia) and Australian Standards AS4674 – Design, Construction and Fitout of Food Premises.

 

62.       (411) Final Inspection (Food premises)

 

A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before trading commences.

 

63.       (412) Grease Trap (Food Premises)

 

Trade waste water shall be disposed of in accordance with the permit requirements of Sydney Water the proprietor owner shall contact the Trade Waste Office of Sydney Water so as to ensure that the sewerage pre – treatment system installed is appropriate for the proposed use of the premises.

 

64.       (418) Maintenance and Cleanliness of Food Preparation Areas

 

To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:

 

a)   Food Act 2003 & Food Regulations 2004

b)   Food Safety Standards 3.1.1, 3.2.2, 3.2.3

c)   Sydney Water Corporation – Trade Waste Section

d)   The Protection of the Environmental Operations Act 1997

e)   Australian Standard AS 1668 Part 1 & 2

f)    The Building Code of Australia.

 

65.       (419) Service Pipes

 

Where possible all service pipes must be concealed in the floors, plinths, walls or ceilings.  Alternatively, service pipes must be fixed on brackets so as to provide at least 25mm clearance between the pipe and any adjacent vertical surface and at least 100mm between the pipe and any adjacent horizontal surface.

 

66.       (420) Surface Pipe Openings

 

All service pipe openings in walls, floors and ceilings must be made proof against the access of pests.

 

67.       (421) Cavities and Voids

Inaccessible cavities and voids must not be formed in the construction of the premises or the installation of fittings and equipment unless completely sealed to prevent the harbourage of pests

 

68.       (422) Tubular Metal Supports

 

Where tubular metal is used for legs, brackets or framework supports the open ends must be suitably capped or sealed to prevent the access of pests.

 

69.       (423) Protection of Self Service Food

 

Unpackaged ready to eat food for self service, other than nuts in the shell and whole fruit and vegetables, must be protected by means of suitable sneeze guard and be effectively supervised.

 

70.       (424) Safety Glass

 

All glass used in the construction of equipment in which food is displayed must be safety glass with any exposed edges bevelled where necessary to prevent chipping.

 

71.       (433) Garbage Collection – Commercial/Industrial

 

Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997.  Records shall be kept of all waste disposal from the site.

Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 6am on any day.

 

72.       (441) Operation of Plant or Equipment

 

To minimise the impact of noise from the development, all sound producing plant, equipment, machinery, mechanical ventilation systems and or refrigeration systems, shall be designed and or located so that the noise emitted does not exceed 5db(A) above the ambient background level when measured from the boundary of any affected premises between the hours of 8am to 10pm.  Between the hours of 10pm and 8am, noise shall not exceed the ambient background level when measured at the boundary of the affected premises.

 

All sound producing equipment shall comply with the Protection of the Environmental Operations Act 1997.

 

73.       (135) All loading and unloading being carried out from within the premises and no loading or unloading of goods, materials, equipment or the like associated with the development to take place on Council’s road or footpaths without the prior approval of Council.

 

·        All childcare staff is to be inducted as to the noise control requirements for the child care centre to ensure that noise from the premises is managed and that the amenity of the surrounding locality is not adversely affected. Induction documentation is to be made available to Council Officers upon request where noise nuisances are being investigated – Note: The Environmental Planning & Assessment Act, 1979 allows for on the spot penalties for non conformances with conditions of consent.

 

·        All waste collections and deliveries are to be undertaken on the premises and not on the street. All vehicles are to enter and leave the property in a forward direction.

 

Heritage Management Conditions

 

74.       The folding doors to the entry lobby should be retained. The applicant should stipulate how they may be utilised appropriately within the existing building or protected and stored for future reuse.

 

75.       The external brick wall to Play Room 4 on the First Floor should be retained and the leadlight doors restored in their current location. If required for circulation reasons, additional openings in this wall may be considered for Council approval.

 

76.       The internal wall may only be demolished providing suitable bulkheads are provided for the finishing of ceilings. Nib walls at either end of this wall with central large opening are preferred to minimise the extent of removal of the entire wall.

 

77.       Photographic Recording

 

Prior to commencement of any demolition work, the applicant should prepare an Archival Photographic recording of the interior and exterior of the existing building. This should be in accordance with Heritage Branch guidelines, How to Prepare Archival Records of Heritage Items. This document should be submitted to Council's Heritage Advisor, for approval before issue of Construction Certificate.

 

Traffic Management Conditions

 

78.       Any parking changes on street should allow for a minimum 20m No Stopping distance from the kerb in each direction due to the proposed introduction of traffic signals at this location.

 

79.       The proposed car spaces on Tambourine Bay Road and the relocation of the bus stop on Burns Bay Road must be deleted.  Any proposed car parking changes on Tambourine Bay Rd and Burns Bay Road will be subject to approval by the Lane Cove Local Traffic Committee. 

 

80.       The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A Construction of a Multi Unit Footpath Crossing application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

81.       It is noted the reconfiguration of driveways may change waste collection.  Council’s Manager Environmental Health must be notified to ensure waste collection is conducted outside of peak drop-off and pick-up times for the Child Care Centre.

 

82.       The proposed Car Park design shall comply with AS 2890.1-2004. This includes all parking spaces, ramps, aisles, disabled parking and loading areas. All other aspects of the Car Parking areas are required to comply with AS 2890.2-2002 for Loading Facilities and Services Vehicles.

 

83.       All disabled car spaces in the car park are to be adequately signposted and line marked, and provided in accordance with AS2890.6: 2009 including the adjacent shared zone and the height clearance.

 

84.       The Nine (9) Staff Car Parking spaces are to occupy the rear spaces of the tandem spaces provided.  All car parking spaces for staff must be marked ‘Staff Only’.  Car parking must be regulated by the Child Care Centre to prevent parents using these spaces for drop off and pick up.

 

85.       All car parking spaces (including disabled spaces) are to meet with the relevant provisions and requirements of Lane Cove Development Control Plan Part R – Traffic, Transport and Parking.  Two (2) disabled spaces with a shared zone between are to be located undercover for pick-up and drop-off.  The remaining outdoor spaces are to be used for pick-up and drop-off.  The on-site parking provision of 16 spaces for drop-off and pick-up accommodates 80 children at this child care centre.

 

86.       Pedestrian access on Burns Bay Road and Tambourine Bay Road, including for people with disabilities 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’.

 

87.       The Lane Cove Pedestrian Access and Mobility Program (PAMP) and Lane Cove Bicycle plan encourages developments to improve pedestrian and cycling amenity within the area to encourage walking and cycling within the Council area. All footpaths adjacent to the site and within 25m, will need to be installed or upgraded ensuring a consistent width and surface treatment. The minimum footpath width for all footpaths in the area is 1.8m and this should be clear of any obstructions including tree branches.

 

88.       All cycling racks and secure bike parking provided on-site must meet the minimum standards as outlined in Section 4.3 in Part R of the DCP and designed in accordance with AS 2890.3: 2015. Alternative designs that exceed the Australian Standards will also be considered appropriate.

 

89.       The design of the development, particularly access and egress arrangements to/from the site, must not restrict cycling activities on Burns Bay Road or Tambourine Bay Road.  The development must complement and facilitate the implementation of this green infrastructure and should generally be designed with the needs of cyclists in mind.

 

90.       A Transport Access Guide (TAG) showing the proposed mode shares, relevant bike routes, and bus route frequencies will need to be submitted and approved by the Traffic and Transport Manager in Lane Cove Council prior to Occupation Certificate.

 

91.       If the relocation of the bus stop is approved by the Local Traffic Committee, the new stop should meet all requirements for the Disability Standards for Accessible Public Transport including tactile ground surface indicators and the relocation of the shelter.

 

92.       A Construction Management Plan must be lodged with Council prior to the issuing of a Construction Certificate. As per DCP Part R, the Construction Management Plan should address (but not necessarily be limited too) issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles, and any conflict with other road users in the street including public transport. Heavy vehicles will not be permitted to travel on local roads unless prior Council permission is obtained from Council’s Traffic section.

 

93.       Vehicles, particularly trucks will not be permitted to queue on public roads within the site vicinity. Trucks will therefore need to be appropriately timed.

 

94.       Lane Cove Council will not be liable for any traffic or pedestrian safety matters.

 

95.       The Construction Management Plan should specify proposed Works/Construction Zones and the impact of the construction traffic activities to all road users including pedestrians and cyclists. The Construction Management Plan may contain issues requiring the attention and approval of the Lane Cove Traffic Committee (LTC). It is recommended that the developer/builder check with Council’s Traffic Manager with respect to any LTC requirements on lodging the Construction Management Plan. The Construction Management Plan should also assess and address the impact of construction vehicles travelling through the surrounding road network.

 

96.       Any construction vehicles exiting the site during demolition/construction should have their tyres washed in order to avoid any construction material, dust, etc coming in contact with the road pavement. 

 

97.       The traffic and parking activity during the construction phases shall be conducted in such a manner so as not to interfere with the amenity of the surrounding properties in respect of noise, vibration, dust and safety.

 

98.       Any construction related machinery or trucks, (other than in an approved Loading Zone), that are required to stand on the road or footway, (including unloading and loading of trucks and standing of any demolition or construction related machinery or plant), must be covered by an approved Stand Plant permit. Application for the permit is to be made 10 working days before the day of the related works. 

 

99.       The number of construction workers during each construction stage must be outlined in the Construction Management Plan. Parking for workers must be provided on site or alternatives suggested including encouraging workers to car pool to the site. Construction workers will not be permitted to park on public roads.

 

100.     All complaints and concerns from the community must be dealt with by the applicant in the first instance. Council will not take responsibility for the complaints arising from the development.

 

101.     The applicant will be liable to reinstate any road infrastructure if damage is caused by construction trucks or any construction related activities.

 

102.     Any changes to the Construction Traffic Management Plan must be submitted to Lane Cove Council for further approval.

 

103.     Council reserves the right to revoke the approval at any time without further explanation.

 

104.     Due to requirements for safe traffic and pedestrian movement, loading or unloading of any vehicle or trailer carrying material associated with the development must not take place on the public road unless within a Works Zone. The works zone must be approved by the Council and have a minimum length of 20 metres (to accommodate a large truck). Works Zone signs are only to be erected by Council staff. The works zone application is to be submitted to and approved by Council prior to the earlier of the following two situations occurring; either (a) issue of any Construction Certificate or (b) any work commencing, in the case where work is to occur on a Public Road during demolition.

 

The developer must give the Council written notice of at least 14 days prior to the date upon which use of the Works Zone will commence and the duration of the Works Zone approval shall be taken to commence from that date. All vehicle unloading/loading activities on a public roadway/footway are to be undertaken within an approved Works Zone.

 

Landscaping Conditions

 

105.     (378) Submission of detailed landscape working drawings for construction (providing sections, elevations, landscape profiles and specifications consistent with Councils Landscape Checklist ), that complies in all respects with the conditions of the development consent, are to be submitted to the private certifier prior to the issue of a Construction Certificate. Each plan/ sheet is to be certified by a qualified landscape architect / environmental designer or horticulturist. The landscape plan is to show the treatment of common open space areas, front, rear and side setbacks, balconies or any decking and raised beds or screening or general landscaping treatment.

 

106.     (382) A sufficient number of groundcovers and low shrubs, planted at appropriate distances and depths, to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works. Where screen planting is required throughout the development, plants must have a height of 2 m at planting.

 

107.     (383) All landscape works is to be completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

108.     (New) The selected plant species in the Plant Schedule on the Landscape Plans prepared by Fiona Robbe DWG: Area A; DA – 01A, Area B; DA -02A, Planting Plan; DA -03A dated October 2015 must not consist of of any plants that are known to irritate children’s skin or allergies.

 

MATTERS TO BE SATISFIED PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

 

109.     (395) A landscape practical completion report is to be prepared by a consultant landscape architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. This report is to certify that all landscape works have been completed in accordance with the approved landscape working drawings and the Landscape DA conditions of consent have been met. A copy of this report is to accompany a request for the issue of an Occupation Certificate.

 

110.     (396) Prior to the issue an Occupation Certificate, the applicant / developer is to submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from date of issue.

 

Tree Management Conditions

 

111.     (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.

 

112.     (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.

 

113.     (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.

 

114.     (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.

 

115.     (new) Removal of trees numbered 5 – 6 - 8 – 9 – 18 – 19 – 21 – 24 – 29 – 34 – 47 – 48 – 49 – 50 – 56 – 60 and 61 is permitted. The canary Island Date Palm (Tree No: 55) and all other trees on site must be retained and protected for the duration of the development work. Excavation is not permitted within 4 metres radial distance of Tree 55.

 

116.     (317) The row of Monteray Cypress trees, the Cook Pine (Tree 12) and the Canary Island Date Palm (Tree 55) must be protected for the duration of the development.  A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 2.4m from the trunk of the above-mentioned trees. The tree protection areas shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection areas shall remain undisturbed.

 

117.     (new) A waterproof sign must be placed on all tree protection zones 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.

 

118.     (new) All 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. 

 

119.     (new)  The transplanting methodology statement by Dave Dooley from Tree Transplanters Australia is to the satisfaction of Council and must be adopted as part of the development consent. Transplanting of the four (4) Palm trees known as Tree No: 31 - 35 – 40 and 51 must be carried out in accordance with the methodology statement by Dave Dooley from Tree Transplanters Australia and, transplanting must be carried out by Tree Transplanters Australia and include the re-establishment program (Section 8 of the statement) for a period of at least 26 weeks.

 

Bond on Street & Council Trees

 

120.     (new)  Pursuant to Section 80A(6)(a) and (7) of the Environmental Planning and Assessment Act 1979, the applicant must, prior to the issue of the first construction certificate, provide security in the amount of $6,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the Brushbox street tree and the Eucalyptus tree that are on the public road reserve immediately adjoining the land subject of this development consent.

 

The Council may apply funds realised from the security to meet the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the said trees. If the cost of making good any damage caused to the said trees as a consequence of the doing of anything to which this development consent relates exceeds the amount of the security provided by the applicant additional security must be provided by the applicant to the Council to cover that cost and the Council may apply funds realised from the additional security to meet the total cost of making good the damage.

The applicant shall contact Council’s Senior Tree Assessment Officer to have the street tree inspected and the Bond refunded following issue of the final Occupation Certificate. 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Site Location Plan

1 Page

 

AT‑2View

Neighbour Notification Plan

2 Pages

 

AT‑3View

Amended Plans for Childcare Centre

12 Pages

 

AT‑4View

Heritage Advice-72 Burns Bay Rd, Lane Cove 18/10/2015

4 Pages

 

AT‑5View

Heritage Advice-72 Burns Bay Rd 10/12/2015

2 Pages

 

AT‑6View

Traffic and Transport referral

2 Pages