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Agenda

Independent Hearing and Assessment Panel Meeting

1 March 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 1 March 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 1 March 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 - 2 FEBRUARY 2016

 

Independent Hearing and Assessment Panel Reports

 

2.      15 Austin Street, Lane Cove

 

3.      Greenwich Bath

 

Orders Of The Day  

 

 

 

 

 


 

Independent Hearing and Assessment Panel Meeting 1 March 2016

15 Austin Street, Lane Cove

 

 

Subject:          15 Austin Street, Lane Cove    

Record No:     DA15/175-01 - 8815/16

Division:         Environmental Services Division

Author(s):       May Li 

 

 

 

EXECUTIVE SUMMARY

 

The development proposal involves demolition of an existing two storey dwelling house and construction of a boarding house comprising 16 boarding rooms and 6 car spaces within the building.  Vehicular access would be from Austin Street. 

 

The subject site is located within R3 – Medium Density Residential Zone.  Boarding houses are permissible within the zone with consent from Council. 

 

The proposed development meets the provisions of Lane Cove Local Environmental Plan 2009 (LEP) relating to the land use, overall building height and floor space ratio standards. 

 

The proposed development meets the standards in Division 3 – Boarding Houses of the State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP).  The SEPP specifies standards that cannot be used to refuse consent. 

 

There are no specific design provisions relating to the boarding house development in Lane Cove Development Control Plan. 

 

Council principal building surveyor, development engineer, environmental health officer and the tree assessment officer confirmed compliance with relevant DCP and SEPP standards. 

 

One submission has been received from City Plan Services on behalf of the property owners of 9, 11, 13 and 19 Austin Street, Lane Cove in response to the notification of the development proposal.  The submission raised concerns which relate to the character of the proposed development being in-compatible with the building designs of the surrounding dwelling houses. 

 

The subject site and the adjoining properties in Austin Street have been zoned for medium density residential developments.  The area is in the transition from low density residential to a medium density residential.  The building character of the area is anticipated to change to reflect the increased residential density. The proposed development is permissible in accordance with the R3 zone of Lane Cove LEP 2009.

 

The development application is recommended for approval subject to the draft conditions included in the recommendation.  Site Location Plan and Neighbour Notification Plan attached (AT-1) and (AT-2).

 

APPLICATION INFORMATION

 

Property:

15 Austin Street, Lane Cove

DA No:

DA 175/2015

Date Lodged:

5/11/2015

Cost of Work:

$1,300,000.00

Owner:

Xue Qin Wang

Applicant:       

Vigor Master Pty Ltd

 

Description of the proposal to appear on determination

Demolition of an existing dwelling house and construction of a boarding house comprising 16 rooms.

Zone

R3-  Medium Density Residential

Is the proposal permissible within the zone

Yes. The proposal is permissible under State Environmental Planning Policy (Affordable Rental Housing) 2009

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 3, 7a and 10b

Stop the Clock used

Yes – 81 days

Notification

Neighbours: 1-9, 2-4  Austin Crescent, 9-29, 12-16 Austin Street, 8 Sera Street, 141-143 Longueville Road, Lane Cove and NSW Department of Education (Lane Cove Public School)

 

All Councillors                       

 

SITE

 

Property

Lot No.16, DP No.529942

Area

774.7m2

Site location

The subject site is located towards the northern side of Austin Street between Longueville Road to the east and Austin Crescent to the west.

 

Existing improvements

There exists a two storey dwelling house on the site.

Shape

Rectangular

Dimensions

Width: 15.24 at the southern boundary and 14.63m at the northern boundary

 

Depth: 52.73m at the eastern boundary and 51.82m at the western boundary.

 

Adjoining properties

East: 13 Austin Street, Lane Cove

West: 17 Austin Street, Lane Cove

 

North: A car park and driveway for commercial premises along the southern side of Burns Bay Road.

 

South: Austin Street, with Lane Cove Public School beyond.

 


 

PREVIOUS APPROVALS/HISTORY

 

DA 196/2013

The development application for the demolition of the existing dwelling house and construction of an infill affordable housing development comprising 5 dwellings which was withdrawn on 25/3/2015.

 

DA 133/2012

Development application for the demolition of the existing dwelling house and construction of a boarding house comprising 18 rooms which was refused by Council under delegated authority on 15/1/2013.  The Section 82A Review application was considered and refused by Lane Cove Independent Hearing and Assessment Panel on 6/8/2013.

 

DA 402/2004

Development application for the refurbishment of the dwelling house and change of use to a medical centre was granted consent on 27/9/2006.

 

PROPOSAL

 

 

The development proposal involves:

 

·          Demolition of the existing dwelling

·          Construction of a boarding house comprising 16 boarding rooms and 6 car parking spaces.

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R3 - Medium Density Residential                            Site Area:                               774.7m²

 

 

State Environmental Planning Policy – Exempt and Complying Development Code 2008 (SEPP)

 

Division 3 Boarding houses applies to development on land for the purposes of boarding houses.

 

 

PROPOSED

LEP/SEPP

COMPLIES

Zoning

R3

R1, R2, R3, R4, B1, B2, and B4

Yes

 

Clause 29 – Standards that Cannot be Used to Refuse Consent

 

The SEPP states that a consent authority must not refuse consent to development to which this Division applies on any of the following grounds if compliance has been achieved.

 

Provisions

LEP/SEPP

Proposed

Complies

Floor Space Ratio             (max)

0.7:1 (LEP)

The existing max FSR for any form of residential accommodation permitted on the land (SEPP).

 

0.66:1

Yes

Building Height

9.5m

8.7m

Yes

Landscaped area

The landscape treatment of the front setback area is compatible with the streetscape in which the building is located

The front setback of the proposed development is 7.5m which is consistent with the streetscape of Austin Street

Yes

Solar Access

Where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

 

The  proposed north facing dining room would receive more than 3 hours direct sunlight between 9am and 3pm in mid-winter

Yes

Private open space

One area of at least 20m2 within a minimum width of 3m is provided for the use of the lodgers

 

 

 

 

 

 

 

 

One area of at least 8m2 with a minimum dimension of 2.5m is provided adjacent to the accommodation for a boarding house manager

 

A 15m2 terrace, with a minimum width of 3m adjacent to the communal room on the Lower Ground Floor level, is proposed for the lodgers.

 

The rear garden with an area of 132m2 is also available for lodgers.

 

No private open space is proposed for the boarding house manager

 

Yes

 

 

 

 

 

 

 

 

 

 

N/A

The proposal comprises 16 rooms and a dwelling for a boarding housing house manager is not required in this case.

 

Parking

At least 0.2 parking spaces are provided for each boarding room in an accessible area

 

5 car spaces are required (16x0.2=3.2-> 3 car spaces

6 car including 2 accessible spaces have been proposed. 

Yes

Accommodation size

At lease 12m2 for a single room and 16m2 for any other case

 

Room sizes vary from 12m2 to 19m2.

Yes

Bathroom and kitchen facilities

A boarding house may have private kitchen or bathroom but is not required to have those facilities in any boarding room

All rooms have their own bathrooms and kitchens

Yes

 


 

Clause 30 of the SEPP - Standards for Boarding Houses

 

The SEPP states that a consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following:

 

 

SEPP Standards

Proposed

Compliance

(a)  Communal Living room

If a boarding house has 5 or more rooms, at least one communal living room will be provided

The proposed boarding house contains 16 rooms.  A communal living room in a size of 24m2 is proposed on the Ground Level.

 

Yes

(b)  Maximum room size

No boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25m2

 

The maximum size of the proposed rooms exclusive of bathrooms and kitchens is approximately 18m2.

Yes

(c)  Maximum occupancy rate

No boarding room will be occupied by more than 2 adults lodgers

2 Double rooms are proposed

Yes

Could be confirmed by a condition of development consent

 

(d)  Bathroom and kitchen facilities

Adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger

A private bathroom and a kitchen are proposed for each room.

 

Yes

(e)  Boarding house manager

If the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager.

 

Not required

 

The amended proposal comprises 16 boarding rooms with a total maximum potential occupancy of 18.

N/A.

(f)  (Repealed)

N/A

N/A

N/A

(g)  Boarding house on land within commercial zone

If the boarding house is on land zoned primarily for commercial purposed, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use

 

 

The proposed boarding house is not on land zoned commercial

N/A

(h) Bicycle and motorcycle parking

At least one parking space will be provided for a bicycle, and one will be provided for motorcycle, for every 5 boarding rooms.

 

Requirements:

Motor bike parking: 16/5 = 3 spaces

Bicycle parking: 16/5 = 3 spaces

4 bicycle parking spaces are proposed in car park area

 

4 Motor bike spaces are proposed in the car parking area

Yes

 

 

 

Yes

 

30A Character of Local Area

 

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

 

The subject site and adjoining properties in Austin Street which has been rezoned from R2 - Low Density Residential to R3- Medium Density Residential since the gazettal of the Lane Cove LEP 2009 in February 2010.  The existing character of the area, which is presently dominated by dwelling houses, would undergo change to medium density residential development in accordance with the R3 zoning objectives.  The proposed development meets the build form provisions of the LEP.  The front façade of the building would be presented as a 2 storey dwelling house from Austin Street. 

 

In order to screen the building front entry, and improve the streetscape, a 1.8m high solid fence with a 1m landscaping setback from the front boundary would be required by a condition of consent (Condition 1A).

 

The proposed building character is therefore considered acceptable.

 

REFERRALS

 

Development Engineer

 

The application was reviewed by Council’s Engineer who raised no objection subject to draft conditions included in the recommendation of the report (Condition 37-59).

 

Tree Assessment Officer

 

The application was reviewed by Council’s Senior Tree Assessment officer who raised no objection subject to draft conditions included in the recommendation of the report (Condition 82-91).

 

Traffic Engineer

 

The application was reviewed by Council’s Traffic Engineer who raised no objection subject to draft conditions included in the recommendation of the report (condition 65-81).

 

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

 

The proposal is permissible under the State Environmental Planning Policy (Affordable Rental Housing) 2009 which takes precedence over the LEP. The proposed development complies with the development standards for Floor Space Ratio and Height and does not raise any issue with 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 standard 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.

 

Section 94 Contributions

 

The proposed development would increase the population living on the site.  There would be 16 boarding rooms.

 

The S94 plan has specified the average number of people per dwelling, based on the number of bedrooms.  The occupancy rates are:

 

·          3.6 persons per 4 bedroom detached dwelling house, and

·          1.2 persons per 1 bedroom unit in medium density developments

 

However, under the 2008 reforms, infrastructure contributions payable to local councils were capped at $20,000 per residential lot.

 

The S94 contribution for the proposed boarding house development is calculated at the current rate of $9,900 per person (2015-2016) as the follows:

 

16 x 1.2 x $9,900 = $190,080.00

 

The credit of an existing 4 bedroom dwelling house is $20,000 as the cap of the Reforms to Local Development Contributions stating a $20,000 per residential lot or per dwelling limitation local development contributions.

 

The overall required S94 contribution is:

 

$190,080.00-$20,000.00 = $170,080.00

 

A condition requiring S94 contribution is included in the recommendation (See draft condition 11).

 

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

 

The preceding policy assessment table indicates that the proposed development complies with all relevant controls. The proposed development meets the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009 and Lane Cove LEP 2009.

 

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

 

The development proposal was notified in accordance with Council’s notification policy between 10 November 2015 and 25 November 2015.  One submission from City Plan Services has been received on behalf of the owners of 4 properties in Austin Street. The concerns raised in the submission are discussed below:

 

·          The proposed development would be incompatible with the building character of the area.

Comment

The proposed development is different to the existing dwelling house developments in the neighbourhood.  However, the site is within R3 zone.  The maximum permitted FSR for the site in the LEP are higher than the existing FSR of the adjoining sites and the SEPP encourages affordable housing developments in residential areas.  The proposal is consistent with the intended character of the SEPP/LEP with regards to FSR.

 

The use of the boarding house would be required to comply with the Plan of Management submitted with the development application to ensure the amenity of the adjoining properties (Condition 2).

 

·          The proposal seeks approval for excavation within close proximity of two mature street trees.  An arborist report should be submitted allowing Council to determine the impacts to the trees from the proposed development.

 

Comment

 

Council’s Senior Tree Assessment Officer has assessed the proposal and advised that the original plans indicated the widening of the driveway crossing towards the London plane tree on the nature strip.  The tree’s structural roots would have been exposed above the existing soil levels. He recommended that the driveway crossing not extend beyond its current footprint given the location of the London plane trees roots. 

 

The applicant has accepted the tree assessment advice and submitted amended plans to address the concerns.  The Senior Assessment Officer has reviewed the amended plans and advised that the critical root system of the London Plane tree would not be damaged during construction of the amended driveway crossing.  The proposed retention of the Sabal Palm and the driveway crossing would be to the satisfaction of Council from a landscape perspective.

 

·          The proposed side setbacks should be increased.

 

Comment

 

The proposal provides 1.5m setback to the west and a 1.5m -1.7m setback to the east.  The proposed side setbacks meet the provisions of Lane Cove DCP for multi dwelling developments in R3 zone.  The proposed side setbacks are therefore considered consistent with the future building character of the area and are considered acceptable.

 

·          The application contains some potential non-compliance with the FSR.

 

Comment

 

The assessment has confirmed that the proposed FSR is 0.66:1 which is below the maximum permitted FSR of 0.7:1 for the site.  

 

·          It is unclear if the sizes of the proposed rooms meet the provisions of the SEPP.

 

Comment

 

The assessment has confirmed that all proposed rooms meet the size requirements of the SEPP.

 

·          The proposal could provide vehicular access from the rear at Sera Street.

 

Comment

 

The site has no legal right for vehicle access from the rear.  Vehicle access must be provided from Austin Street. 

 

The concerns raised in the submission have been taken into consideration during the assessment process.  The concern relating to the retention of the street trees has been satisfactory addressed by the amended design of the proposed driveway.  The objection relating to the building character of the area is not supported.  The amended design is considered acceptable in terms of the compliances with the provisions of Lane Cove LEP and the State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

CONCLUSION

 

The matters in relation to Section 79C of the Environmental Planning and Assessment Act 1979 are considered satisfactory.

 

The application meets with the Floor Space Ratio and Height controls as required in the Lane Cove Local Environmental Plan 2009 and also meets with the provisions of Division 3 Boarding Houses of State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

Given the compliance with the FSR and the Height standards of the LEP, the proposed development would be compatible with the future building character of the area.  The existing building character of the adjoining developments is that of dwelling houses which would undergo change to medium density residential development in accordance with the zoning objectives of the LEP.  The submission requesting the proposed building character be compatible with the existing building character dominated by dwelling houses would not be compatible with the desired future building character within the R3 zone and is not supported.

 

On balance the proposed development would be reasonable and therefore is recommended for approval subject to draft conditions indicated in the recommendations.

 

 

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 da175/2015 for the demolition of an existing dwelling house and construction of a boarding house comprising 16 boarding rooms on Lot 16, DP 529942 and known as 15 Austin Street, Lane Cove subject to the following conditions:

 

General Conditions

 

1.    (20) That the development be strictly in accordance with the following drawings with Job No. B0815, dated 11/12/2015, prepared by Vigor Master Pty Ltd except as amended by the following conditions.

 

-      Site Plan, A003, Rev:3;

-      Car Park Plan, A103, Rev: 6;

-      Lower Ground Floor, A104, Rev: 6;

-      Ground Floor Plan, A105, Rev: 6;

-      First Floor Plan, A106, rev: 5;

-      Roof Plan, A107, Rev: 2;

-      East Elevation, A201, Rev: 5;

-      West Elevation, A202, Rev: 5;

-      North Elevation, south Elevation, A203, Rev: 5;

-      Section 1-1, A204, Rev: 5;

-      Section 2-2, Street Elevation, A205, Rev: 5.

-      Proposed Landscape Plan, L/01, Revision B, dated 19/2/16.

 

1A.  A 1.8m high solid fence with a 1m landscaping setback must be erected at the front setback area of the development.  The landscaping of the development must be maintained to a high standard in accordance with the approved landscape plan. 

 

2.    The development must be carried out at all times in accordance with the Plan of Management submitted along with the development application.

 

3.    All boarding rooms cannot be occupied by more than two adults at the same time and must not be used for back-packer type accommodation.

 

4.    The strata subdivision or community title subdivision of the development is not permitted.

 

5.    Privacy screens with a minimum height of 1.7m from the finished floor level must be installed at the eastern edges of the balcony and the external stairs at the rear of the proposed building prior to the issuing of the Occupation Certificate.

 

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

 

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

 

8.    (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.

 

9.    (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 and Developing then Building and 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.

 

10.  (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 $12000.

 

11(14) THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT. 

 

       The S94 contribution for the proposed boarding house development is calculated at the current rate of $9,900 per person (2014-2015) as the follows:

 

       16 x 1.2 x $9,636.00 = $190,080.00

 

       The credit of an existing 4 bedroom dwelling house is $20,000 as the cap of the Reforms to Local Development Contributions stating a $20,000 per residential lot or per dwelling limitation local development contributions.

 

       The required amount of the S94 contribution is:

 

       $190,080-$20,000.00 = $170,080.00

 

       THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROADS UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

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

 

13.  (35)  Hours of Building Works

 

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

       Monday to Friday (inclusive)         7am to 5.30pm

       Saturday                                        8am to 12 noon with no excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N.

       Sunday            No work Sunday or any Public Holiday.

 

14.  (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

15.  (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

16.  (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 and Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

17.  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.  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.

 

18.  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.

 

19.  (63) All metal deck roofs being of a ribbed metal profile or colour bond corrugated galvanised or include iron, in a mid to dark range colour and having an approved anti-glare finish.

 

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

 

a)    The establishment of the first floor level;

b)    The roof framing; and

c)    The completion of works.

 

Note:           All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

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

 

22.  (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:-

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

ii)    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.

iii)   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.

iv)   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.

 

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

 

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

 

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

 

26.  (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.

 

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

 

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

 

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

 

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

 

31.  (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.

 

32.  (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.

 

33.  (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.

 

34.  (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.

 

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

 

36.  Five (5) car spaces including an accessible car space for the use of the residents of the development must be provided on site at all times.

 

General Engineering Conditions

 

37(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.

 

38(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. 

 

39(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.

 

40(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.

 

41(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.

 

42(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.

 

43(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’.

 

44(A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.

 

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

 

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

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

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

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

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

 

47(S1) Stormwater Requirement: The following changes are required to the proposed drainage plans.

 

·          Environmental pollution control pit is to be installed just prior to the connection to the Council system

·          The proposed diversion of the existing Council stormwater pipe line is to have a maximum allowable change in direction of 45 Degree.

 

       The design and construction of the drainage system is to fully comply with, AS-3500 and Part O, Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

48(D2) Drainage Plans Amendments: The stormwater drainage plan 121062 prepared by Northern Beaches Consulting Engineers dated Jan 2013 to be amended to reflect the above condition titled ‘Stormwater requirement’. The amened design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate 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.

 

49(E5) Construction adjacent to or parallel to a drainage Easement / pipeline:  The footings of the proposed structure adjacent to the Council drainage easement shall be taken below the zone of influence of the Council stormwater line. The location and depth of the footings in relation to the stormwater line, along with the design of the footings, are to be detailed on engineering plans. The engineering plans are to be completed and certified for construction by a suitably qualified engineer and be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

On completion of the works and prior to the issue of the Occupation Certificate the design engineer shall certify that structure has been constructed in accordance with the approved plans and is within acceptable construction tolerances. The certification is to include a Work as Executed plan. The Work-as-Executed must show the location of all structures in the vicinity of the Council drainage easement, indicating that all footings are located below the zone of influence of the Council stormwater line.

 

50(V4) Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, ramps, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifying Authority. 

 

The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 

 

51(A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage or carport shall be determined by Council.

 

52(V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Commercial 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.

 

53(A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage or carport shall be determined by Council.

 

54(B1) Council infrastructure damage bond: The applicant shall lodge with Council a $5000 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

55(C1) Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

Engineering Condition to be Complied with Prior to Commencement of Construction

 

56(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 are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’ [OR] ‘(C1) Soil and Water Management Plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be Complied with Prior to Occupation Certificate

 

57.  (M2) Certificate of Satisfactory Completion:  A certificate from a qualified Civil Engineer must be obtained for the following matters. 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 Part O, Council’s DCP-Stormwater Management. 

·        Confirming the overland flow path has been constructed in strict accordance with Part O, Council’s DCP- Stormwater Management.

 

58(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.

 

59(E3) Creation of drainage easements: A drainage easement is to be created in favour of Lane Cove Council and burdening Lot 16 DP 529942 over the Council stormwater pipe line. Documents demonstrating that the proposed easement has been created are to be submitted to the principle certifying authority prior to the issue of the Occupation Certificate. All costs associated with piping, relocation and creation of easements shall be borne by the applicant.

 

Environmental Health Conditions

 

60.  (402) Dust Control

 

The following measures must be taken to control the emission of dust:

a)    Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work

b)   Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter

c)   All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system

d)   All stockpiles of materials that are likely to generate dust must be kept damp or covered

e)   Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

61.  (404) Erosion and Sedimentation Controls – Major Works

 

       Erosion and sediment control devices are to be provided.  All devices are to be established prior to the commencement of engineering works and maintained for a minimum period of six months after the completion of all works.  Periodic maintenance of the erosion and sedimentation control devices is to be undertaken to ensure their effectiveness.

 

62.  (406) Stabilised Access Point

 

       A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised.  These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (blue Book)

 

 

 

63.  (408) Stockpiles

 

       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.

 

64.  (491) Clean water only to stormwater system

 

       Only clean unpolluted water is permitted to enter Council’s stormwater drainage system.

 

Traffic Management Conditions

 

Parking and Servicing

 

65.  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.

 

66.  The access to the car park shall comply with Australian Standards. AS 2890.1-2004.

 

67.  The sensor system to manage movement of vehicles in the car park is to be certified as correctly installed to relevant Australian Standards.

 

68.  The Vehicle Turning Platform in the car park is to be certified as correctly installed to relevant Australian Standards.

 

69.  All accessible 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 space and the height clearance.

 

70.  The garbage collection area is to be clearly signposted and line marked, and provided in accordance with AS2890.2-2002.  On site garbage collection must be provided for with sufficient 2.6m headroom and to allow the vehicle to enter and exit in a forward direction.

 

Pedestrians / Cycling

 

71.  All 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.

 

72.  Resident cycle parking in the car park should be as close to the car park entrance as possible so as to be both convenient and safe for cyclists to use.  Bicycle advisory logos are to be marked along the wall of the passing area to guide cyclists leaving the car park to exit the car park safely.  A convex mirror is to be installed on the lower ground floor to improve visibility for all vehicles entering and exiting the development. The revised Car Park Traffic Management Plan (Drawing No. A101) needs to be submitted to the Traffic and transport Manager in Lane Cove for approval prior to installation of the bicycle facilities and the convex mirror.

 

73.  The bicycle facilities are to be clearly labeled in the car park.  Advisory/directional signage is to be provided at main entrances of the building.

 

74.  The design of the development, particularly access and egress arrangements to/from the property, must not restrict cycling activities on Austin Street. The development must complement and facilitate the implementation of this green infrastructure and should generally be designed with the needs of cyclists in mind.

 

Construction Traffic Management Plan

 

75.  Proposed vehicular Crossing: 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.

 

76.  Boundary Levels: the levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

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

 

78.  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. 

 

79.  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.

 

80.  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. 

 

Works Zones

 

81.  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 zones. The proposed works zones along Nicholson Street must be approved by the Council and have a minimum length of 20 metres (to accommodate a large truck). Works zones signs are only to be erected by Council staff. The works zones 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 zones will commence and the duration of the Works zones 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 zones.

 

Advisory Notes

 

a.    While a permit parking scheme currently does not exist in the area, this development will not be eligible for any residential parking permits including visitor permits in the future if a new scheme is developed in the area.

 

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

 

c.    Parking for workers must be provided on site or alternatives suggested including encouraging workers to car pool to the site.

 

d.    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.

 

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

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

Tree Management Conditions

 

82(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 and/or pruning 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.

 

83.  (302)  The applicant must obtain a Tree Preservation Order Work Authority prior to removal of any trees. A permit must also be obtained prior to pruning of any tree including the cutting of tree roots greater than 40mm in diameter. Trees approved for removal on the stamped plans are exempt from this condition of consent.

 

84.  (354)  Bulk excavation or excavation for strip footings, service lines including storm water lines or sewer lines is NOT PERMITTED within 3m of any tree greater than 4m in height; including neighbouring trees. If approved excavation work is required within 3m of the trunk of trees, this work must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged.

 

85.  (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.

 

86.  (new)  The new driveway crossing must be no wider than the existing driveway. Excavation is not permitted within 2 metres of the London Plane street tree.

 

87.  (new) The two Sabal Palms at the rear of the site must be retained. Transplanting of one sable Palm must be carried out by a recognized and experienced tree transplanting company. The transplanted Palm tree must have a tree protection zone of not less than 4m distance after transplanting. The other Sabal palm must have a tree protection zone of at least 2.4m radial distance.

 

88.  (317) The Brushbox and London Plane tree standing on Council land must be retained and protected. A 1.8m high chain mesh fence shall be erected encompassing the entire grass nature strip but ending 300mm short of the existing driveway crossing. The tree protection zone shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection zone shall remain undisturbed.

 

89.  (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.

 

90.  (new) All tree protection measures and signage must be erected PRIOR TO COMMENCEMENT OF WORK. This includes demolition or site preparation work and, tree protection measures must remain in place for the duration of the development including construction of the driveway crossing.

 

STREET TREE BOND

 

91.  (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 $8,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) to ensure Council’s two street trees that are on the public road reserve immediately adjoining the land subject to this development consent is protected.

 

       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 exceeds the amount of the security provided by the applicant, additional security must be provided by the applicant to the Council to cover the cost of making good the damage.

 

            The applicant shall contact Council to have the street tree inspected following issue of the final Occupation Certificate to trigger release of the street tree bond.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Site Location Plans

2 Pages

 

AT‑2View

Neighbour Notification Plan

2 Pages

 

 

 


 

Independent Hearing and Assessment Panel Meeting 1 March 2016

Greenwich Bath

 

 

Subject:          Greenwich Bath    

Record No:     DA15/166-01 - 9669/16

Division:         Environmental Services Division

Author(s):       May Li 

 

 

 

EXECUTIVE SUMMARY

 

The subject site is known as Greenwich Baths which is in the care, control and maintenance of Lane Cove Council.  The site is comprised of numerous lots and DPs and is partially Crown Land and NSW Roads and Maritime Services (RMS).  The land has been leased to Lane Cove Council as a public recreation facility.

 

The development application seeks consent for the alteration and addition to the Clubhouse building located on the site.  The building has been used for a caretaker’s residence on the upper level and male change rooms and storage on the lower level.  The building was erected in the 1930’s and is in need of refurbishment and repair to meet the needs of the current facility.

 

The proposal seeks to upgrade the building and improve the amenities of the Baths.  The height of the building would remain unchanged.  The building footprint on the lower level would be expanded to include both male and female change rooms and provide better access within the site. 

 

The proposed design meets the provisions of Lane Cove Local Environmental Plan 2009 (LEP) and the objectives of Lane Cove Development Control Plan (DCP).

 

7 submissions were received in response to the notification of the development proposal.  No concerns were raised relating to the building design and the uses of the building.  Concerns were raised to the existing site use and management of the Baths.

 

No objections were raised in response to the internal referral.

 

The application is recommended for approval subject to draft conditions in the recommendation.

 

 

APPLICATION INFORMATION

 

Property:

Greenwich Baths, Albert Street, Greenwich

DA No:

DA 166/2015

Date Lodged:

29 October 2015

Cost of Work:

$557,547.00

Owner:

Crown Land and NSW Road and Maritime Service (RMS).

Land Leased to Lane Cove Council

Applicant:       

Clive Lucas, Stapleton and Partners

 


 

 

Description of the proposal to appear on determination

Alteration and addition to the Clubhouse building including the caretaker’s residence on the first floor and male and female change room facility on the lower level

Zone

Unzoned land and RE1 – Public Recreation

Is the proposal permissible within the zone

Yes

Is the property a heritage item

Yes

Is the property within a conservation area

Yes

Is the property adjacent to bushland

No

BCA Classification

Class 4 and 7b

Stop the Clock used

Yes – 65 days

Notification

The development proposal was notified in accordance with Council’s notification policy to nearby neighbours, Councillors, Greenwich Community Association Inc, and Lane Cove Bushland and Conservation Society.

 

SITE

 

Property

·    317 Albert Street (Lot 825, DP 752067), - Zone RE1 – Public Recreation.

·    317A Albert (Lot 1122, DP 752067), - Unzoned land

·    317B Albert Street (Lot 1123, DP 752067)- Unzoned land

·    End of Richard Street (Lot 1, DP 182910) - Unzoned land

Area

3195m2

Site location

Greenwich Baths are situated within the foreshore area of Lane Cove River.  The Baths are adjacent to a public recreation area towards the southern side of Albert Street and O’Connell Street.  The site is adjacent to RE1 – Public Recreation and R2 – Low Density Residential zones.   Notification Plan attached (AT-1).

Existing improvements

Greenwich Baths provide visitors with an opportunity to swim in the Sydney Harbour with change room facilities.  A kiosk operates on the site serving snacks and meals to patrons from September to April.  The Baths are closed for the remainder of the year. 

There are three buildings on the site.  The Bath Clubhouse building, currently used for the caretaker’s residence on the upper level and the male change rooms on the lower level, is located at the north-western end of the site.  A building for female change rooms is located towards the north and a kiosk building is located at the east of the site.

Shape

The site is irregular in shape

Adjoining properties

Dwelling houses are located towards the western boundary of the Baths uphill on St Lawrence Street, Richard Street and Lower Serpentine Road. 

 


 

PREVIOUS APPROVALS/HISTORY

 

The land is partly owned by NSW Roads and Maritime Services (RMS) and Crown Land.  The RMS land is Lot 1, DP 182910 which is known as 0 Richard Street, Greenwich.  It comprises primarily water and the Baths Clubhouse building.

The remaining portion of land within the Baths is owned by Crown Lands being Lots 825, 1122 and 1123, DP 752067 known as 317, 317A and 317B Albert Street, Greenwich respectively. 

 

The Clubhouse building is located on the land of Lot 825, DP 752067, Lot 1122, DP 752067 and Lot 1, DP 182910.

 

The Clubhouse was erected in the 1930s.

 

Site zoning plans and aerial view attached (AT2).

 

PROPOSAL

 

The proposal involves alteration and addition to the Clubhouse building in Greenwich Baths and includes:

·     Restoration of the upper level including reinstatement of windows to its original configuration, installation of larger windows to resemble the original balcony configuration and repainting of all facades to the original cement grey with the original “BATHS” sign.

·     Restoration of bath access stairs and addition of extra metal handrails and anti-slip nosing.

·     Demolition of the lower level infill and construction of new male, female and accessible public toilets and change rooms.

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:            Unzoned Land and RE1 – Public Recreation

 

 

Proposed

Control

Complies

Floor Space Ratio

Additional 19m2 of GFA

No FSR provision applies to the land

Yes

Height of Buildings

As existing

No building provision applies to the land

Yes

 

The subject site is identified as partly RE1-Public Recreation and partly Unzoned land in Lane Cove LEP 2009. 

 

Clause 2.4 of Lane Cove LEP 2009 indicates the relevant provisions of the LEP relating to a site which is unzoned:

2.4       Unzoned Land

(1)  Development may be carried out on unzoned land only with development consent.

(2) In deciding whether to grant development consent, the consent authority:

 

(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

 

(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

Comment

With reference to clause 2.4(2)(a) above it is necessary to consider the objectives and the likely impact of the proposed development on the adjoining land zoned RE1- Public Recreation.  The proposal seeks consent for building works to an existing building on the site and would not alter the current use of the site as a public recreation facility.

The subject site is adjacent to RE1- Public Recreation zone to the north.  The zone objectives of RE1 – Public Recreation zone are as follows:

• To enable land to be used for public open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

• To make provision for rights of public access to more foreshore land and to link existing open space areas.

Comment

The proposal would enable the adjoining land towards the north, being a public recreation area, to continue to be used for public and recreation purposes.  The proposal would continue to provide access to the existing natural environment for recreation purposes.   The existing public access to foreshore land and open spaces would remain unaltered.  It is considered that the proposed development would not be contrary to the objectives of the zone of the land towards the north.

The subject site is adjacent to R2 – Low Density Residential zone to the west.  The zone objectives of R2 – Low Density Residential zone as follows:

·    To enable other land uses that provides facilities or services to meet the day to day needs of residents.

·    To retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area.

·    To encourage new dwelling houses or extensions of existing dwelling houses that are not highly visible when viewed from the Lane Cove River or Parramatta River.

·    To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

Comment

The proposed development would not alter the current use of subject site.  The proposed development would improve the facilities in the public recreation area and enhance services to the residents.  It is considered that the proposed development is appropriate, would not be contrary to the objectives of the zone and is compatible with the adjoining land uses.

 


 

Lane Cove Development Control Plan (DCP)

 

The proposal would not alter stormwater management of the site. 

 

The relocation of the female change rooms to the proposed building would improve access within the site.  The proposal meets the objectives of the DCP.

 

REFERRALS

 

Development Engineer

 

The application was reviewed by Council Engineer who raised no objection subject to standard conditions which have been included in the recommendation of the report.

 

Heritage Adviser

 

The application was reviewed by Council’s Heritage consultant who raised no objection to the proposed development. Refer to the Heritage Advice in the attachment (AT3.)

 

Foreshores and Waterways Planning and Development Advisory Committee (Committee)

 

The proposed development was considered as a “Category 2” matter and was referred to the Committee in accordance with Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (the SREP) for comment.

 

The Committee raised no objections to the proposed development.

 

Other Planning Instruments

 

SEPP 55 Remediation of Land

 

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

 

APPLICABLE REGULATIONS

 

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

 

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

 

The preceding policy assessment table indicates that there are no controls which the proposed development does not comply with.

 

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

 

The development proposal was notified in accordance with Council’s notification policy between 3 November 2015 and 17 November 2015.

 

7 submissions were received in response to the notification of the development proposal.  The concerns raised in the submissions have been discussed below:

 

·    The application has been lodged by Clive Lucas Stapleton and Partners Pty Ltd who has no right over this land and its facilities.

Comment

Clause 49 (10 (b) of Environmental Planning and Assessment Regulation 2000 states a development application may be made by any other person, with the consent in writing from the owner of the land.  The land owners of the site are Crown Land and RMS.  The land has been leased to Lane Cove Council for public recreation purposes.  Lane Cove Council has granted consent to Clive Lucas Stapleton and Partners Pty Ltd for the lodgment of the development application. 

 

·    There is no Plan of Management for the Baths.

Comment

The development proposal involves works to an existing building on the site.  The proposal does not seek consent for any amendments to the existing use of the site as a public recreation facility. 

 

·    There is no indication as how this project is to be funded. 

Comment

The project will be funded by Lane Cove Council who currently manages the site.

 

·    There is no information indicating the future of the existing female change rooms.

Comment

The existing female change rooms are located in a separate building on the site.  The proposal does not seek consent for any changes to the existing female change room building.

 

·    There has been inadequate consultation of the community regard to this DA.

Comment

34 Notification letters have been sent out to the community including all residents of the adjoining properties of the site.  In addition Council notified the development proposal on Council’s website and the local newspaper.  The notification of the application has been carried out in accordance with Council’s Notification Policy.

 

The concerns raised have been taken into consideration during the assessment process.  No objections were raised relating to the building design and the uses of the building.

 

CONCLUSION

 

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

 

The application meets with the aims of Lane Cove LEP 2009 and the objectives of Lane Cove DCP.

 

Greenwich Baths are a unique public asset within the Lane Cove community.  The proposed development would enhance and improve the amenity of the Baths by reinstating the heritage attributes and provide modern and enlarged toilets and change rooms for the public. 

 

The proposed development would benefit Lane Cove community and therefore is recommended for approval.

 

 

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 166/2015 for the alterations and additions to the Clubhouse building for the caretaker’s residence on the upper level and male and female change room facilities on the lower level on Lot 825, DP 752067, Lot 1122, DP 752067 and Lot 1, DP 182910 and known as Greenwich Baths subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with the following drawings dated 22/09/2015, prepared by Clive Lucas Stapleton & Partners Pty Ltd:

 

-     Proposed Site Plan and site Conditions Analysis, 120820/24, dated 12/10/2015;

-     Proposed Ground and First Floor Plans, 120820/21/B;

-     Proposed Elevations, 120820/22/B;

-     Section A-A, 120820/23/A;

-     Ground Floor Plan – Demolition, 120820/07/C;

-     First Floor Plan – Demolition Drawing, 120820/08/C;

-     South Elevation – Demolition, 120820/09/C;

-     East Elevation – Demolition, 120820/10/C

Except as amended by the following conditions.

 

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

 

3.         (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.

 

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

 

5.         (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.

 

 

6.         (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.

 

7.         (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.

 

8.         (38) All advertising signs/structures except those shown on the approved plans being the subject of a separate development application.

 

9.         (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.

 

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

 

11.       (51) Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or willfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the preservation of trees and vegetation must be made at the Council Chambers, Lane Cove.

 

12.       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)         All reinforcement prior to filling with concrete.

b)        Any new framework including roof and floor members when completed and prior to covering.

c)         Installation of steel beams and columns prior to covering

d)         Waterproofing of wet areas

e)         Stormwater drainage lines prior to backfilling

f)          Completion.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork.

 

14.       (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.

 

15.       (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.

 

16.       (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.

 

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

 

18.       (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.

 

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

 

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

 

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

 

 

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

 

23.       (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.

 

24.       (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.

 

25.       (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.

 

Engineering Conditions

 

26.       (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.

 

27.       (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. 

 

28.       (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.

 

29.       (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.

 

30.       (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.

 

31.       (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’.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

32.       (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Part O, Lane Cove Council’s DCP-Stormwater Management.

 

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. 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Neighbour Notification Plan

2 Pages

 

AT‑2View

Site Zoning Plans and Aerial View

3 Pages

 

AT‑3View

Heritage Report

2 Pages