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Minutes

Independent Hearing and Assessment Panel Meeting

2 February 2016, 5:00pm

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Independent Hearing and Assessment Panel 2 February 2016

Minutes

 

 

 

PRESENT:                   Hon David Lloyd, Chairman, Mr Eugene Sarich, Planning Expert, Mr David Johnson, Environmental Expert, Ms Jane Blackmore, Community Expert

 

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

 

DECLARATIONS OF INTEREST:    Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Independent Hearing and Assessment Panel Reports

 

52B Cliff Road, Northwood

 

DETERMINATION

That pursuant to Section 80(1)b of the Environmental Planning and Assessment Act 1979, as amended, the Independent Hearing and Assessment Panel refuses 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, for the following reasons:

 

1.         The proposal will result in an unacceptable view loss to the land water interface from 50A Cliff Road.

 

2.         The proposal is inconsistent with the determination of the Land and Environment Court in ‘Fegan v Lane Cove Council [2008] NSWLEC 1171’ dated 29 April 2008.

 

 

The decision of the Panel was unanimous.

 

 

13 Borambil Place, Longueville.

 

DETERMINATION

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, the Independent Hearing and Assessment Panel grants a deferred commencement 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:

 

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:

 

1A.    The proposed carport structure to be relocated a further 2 metres to the west and 400 mm lower to reduce the impact to the adjoining property.  Plans being submitted to Council for approval.

 

Evidence of the above matter(s) must be produced to the Council or its delegate.

 

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:

 

Once operative the consent is 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. 

 

 

The decision of the Panel was unanimous.

 

 

72 Burns Bay Road, Lane Cove

 

DETERMINATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grants development consent 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;

-           Site & Analysis Plan, DA01 issue E1 dated 1/2/2016 by Archizen Architects.

 

2.         The maximum number of children in the proposed child care centre must not exceed 105 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.

 

2B.      A secure undercover pram or stroller storage area shall be provided for at least 10% of the children in attendance.

 

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 20 spaces for drop-off and pick-up accommodates 105 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. 

 

 

 

Advisory Note

 

If the applicant were to prepare a Plan of Management giving preference to parents of children who either walk or get public transport to the subject property, then consideration will be given to increasing  the number of children by an additional 15.

 

 

The decision of the Panel was unanimous.

 

 

The meeting closed at 8.15pm

 

 

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