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Minutes

Independent Hearing and Assessment Panel Meeting

1 March 2016, 5:00pm

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Independent Hearing and Assessment Panel 1 March 2016

Minutes

 

PRESENT:                  Hon David Lloyd, Chairman, Mr Kevin Hoffman, Planning Expert, Mr Steve Fermio, Environmental Expert and Ms Maria Linders, Community Representative

 

ALSO PRESENT:       Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Ms May Li, Senior 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

 

15 Austin Street, 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 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. 

 

1B.      In the Plan of Management the term ‘Resident Manager’ shall be changed to ‘Property Manager’ in all places it occurs.

 

1C.      The 24 hour availability and contact details of the Property Manager shall be displayed on a permanent sign in accordance with Attachment 1 of the Plan of Management.  The sign to be placed on the front fence facing the street.  If the Property Manager or the person nominated changes at any time, the sign on the front fence to be updated within one week (1 week) of the change.

 

1D.      A Stage 2 Contamination Assessment (Detailed Investigation) is to be undertaken in accordance with the provision of the Guidelines for Consultants reporting on Contaminated Sites (NSW EPA) and the Contaminated Land Management Act, 1997.

 

            Should contamination be observed a Remediation Action Plan is to be prepared and submitted to Council for assessment prior to the Construction Certificate being issued.

 

            Council reserves the right to require a review of the Stage 2 Contamination Assessment (Detailed Investigation) and/or the Remediation Action Plan by a NSW Accredited Site Auditor as part of Council’s review and assessment of these reports.

 

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 amended 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 maneuvering 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.

 

 

The decision of the Panel was unanimous,

 

 

Greenwich Baths

 

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 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. 

 

 

The decision of the Panel was unanimous.

 

 

The meeting closed at 6.15pm.

 

 

 

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