Independent Hearing and Assessment Panel Meeting
31 May 2016, 5:00pm
ALSO PRESENT: Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment and Ms Angela Panich, Panel Secretariat
DECLARATIONS OF INTEREST: Nil
WEBCASTING OF COUNCIL MEETING
The Chairperson advised those present that the Meeting was being webcast.
The Panel determined that the Clause 4.6 variation for the FSR development standard was well founded and acceptable.
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 DA180/2015 for alterations and additions to the rear of the dwelling house including a new garage, pool, spa, terrace and deck (amended proposal) on 78 Kenneth Street, Longueville subject to the following conditions:
1. (20) That the development be strictly in accordance with drawing number
· Sheets 1 to 3 dated Rev 9/4/2016 by Ducray Design and Drafting
· Sheet 4 dated Rev 11/3/2016 by Ducray Design and Drafting
· Sheets 5 to 7 & 8a 4 dated Rev 9/4/2016 by Ducray Design and Drafting
except as amended by the following conditions.
2. The Finished Floor Level (FFL) of the proposed garage shall be raised by 400mm to RL33.2. The level of the garage roof shall remain unchanged. Plans shall be amended prior to the issues of construction certificate.
3. The horizontal metal infill slats in the rear fence shall be spaced to maintain Council’s 50% see through requirement. Details are to be provided prior to the issues of construction certificate.
4. (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.
5. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.
6. (11) The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In” , please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.
7. (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6. Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $20,000.
8. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.
9. (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-
Monday to Friday (inclusive) 7.00am to 5.30pm
Saturday 7.00am to 4.00pm
No work to be carried out on Sundays or any public holidays.
A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site.
10. (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.
11. (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.
12. (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.
Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.
13. (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place. The sign(s) shall indicate:
a) the name, address and telephone number of the Principal Certifying Authority;
b) the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and
c) a statement that unauthorised entry to the construction site is prohibited.
The signs shall be maintained for the duration of construction works.
14. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.
15. (52) The swimming pool being surrounded by a fence:-
a) That forms a barrier between the swimming pool; and
i) any residential building or movable dwelling situated on the premises; and
ii) any place (whether public or private) adjacent to or adjoining the premises; and
b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926 – 2012, “Swimming Pool Safety”.
SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL
ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.
The register can be found at www.swimmingpoolregister.nsw.gov.au.
16. (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure. If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.
17. (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.
The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".
18. (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".
19. Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process. Forty eight (48) hours notice must be given prior to the inspection being required:-
a) The pier holes/pads before filling with concrete.
b) All reinforcement prior to filling with concrete.
c) The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.
d) Framework including roof and floor members when completed and prior to covering.
e) Installation of steel beams and columns prior to covering
f) Waterproofing of wet areas
g) Pool reinforcement prior to placement of concrete.
h) The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.
i) Stormwater drainage lines prior to backfilling
20. Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-
b) retaining walls;
d) reinforced concrete work;
e) structural steelwork;
f) upper level floor framing;
21. (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads. Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
22. (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark colour range.
23. Standard Condition (64) A check survey certificate is to be submitted at the completion works.
Note: All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.
24. (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations. Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.
25. (72) The demolition works being confined within the boundaries of the site.
26. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.
27. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.
28. (79) Compliance with Australian Standard 2601 - The Demolition of Structures.
30. (132) It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.
31. (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by installments, the first installment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.
COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.
32. (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.
Tree Preservation Conditions:
33. (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 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.
34. (302) The applicant must obtain a Tree Preservation Order Work Authority prior to the pruning or removal of any trees growing on site, located in neighbouring properties or trees located in adjacent reserves that overhang the site, including the cutting of any tree roots greater than 40 mm in diameter.
35. (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.
36. (354) Footing, trench or excavation that is within 3m of any tree greater than 4m in height; including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged.
37. Hedging plants shall not interfere with neighbours view lines. The proposed hedging plants at the rear adjacent to the north side boundary must be of such a species that they may be maintained at a mature height of no more than 5 m from soil level. The foliage of these hedge plants shall be maintained at 5 m height by ongoing and continuous pruning annually or more frequently as required.
General Engineering Conditions
38. (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.
39. (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.
40. (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.
41. (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.
42. (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.
43. (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.
44. (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’.
45. (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.
Engineering Conditions to be Complied with Prior to Construction Certificate
46. (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 2015-07 prepared by Water Design Civil Engineers dated 05-11-15.
Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.
The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.
47. (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.
The applicant shall:-
(a) seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties
(b) detail what measures are to be taken to protect those properties from undermining during construction
(c) provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties
The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.
(d) Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.
A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.
All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.
48. (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.
49. (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.
50. (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.
51. (W1) Pool Construction: The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.
Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate.
Engineering Condition to be Complied with Prior to Commencement of Construction
52. (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
53. (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.
That pursuant to section 80(1)(b) of the Environmental Planning and Assessment Act 1979, the Independent Hearing and Assessment Panel refuse development consent to Development Application 143/15 for re-subdivision of two (2) existing lots to three (3) lots and drainage works on 58-60 Kingslangley Road, Greenwich for the following reasons:
1. All properties along Kingslangley Road are regular rectangular in shape. There exists no battle-axe property accessed from Kingslangley Road in a manner in which the subdivision has been proposed. The proposed development would create an additional battleaxe lot towards the rear of the row of existing lots which would not be consistent with the existing subdivision pattern in particular the lots with frontage to Kingslangley Road.
3. Clause 1.2 (2) (b) of the LEP indicates the Aims of the Plan which are as follows:
to preserve and, where appropriate, improve the existing character, amenity and environmental quality of the land to which this Plan applies in accordance with the indicated expectations of the community,
The proposed development would create a new lot that requires careful design and consideration of adjoining land uses. It is considered that a dwelling house on the newly created lot would have an adverse impact upon the amenity of the dwelling house towards the south with regard to overshadowing and privacy which would not be in accordance with the objective of the LEP.
4. Clause 1.2 (2) (c) (i) & (ii) of the LEP indicates the Aims of the Plan which are to provide development which:-
(ii) is compatible with the existing environmental character of the locality, and
(iii) has a sympathetic and harmonious relationship with adjoining development.
There exists no battle-axe property accessed from Kingslangley Road in a manner in which the subdivision has been proposed. A dwelling house proposed on the newly created lot would be towards the rear which would be out of the prevailing character of the properties along of the properties along Kingslangley Road. It is considered that the proposed subdivision would not be compatible with the existing environmental character of the locality and would not be sympathetic and harmonious to the adjoining development.
5. Clause 4.1 (1) (a) (Minimum subdivision lot size) of the LEP indicates the objective of the clause as follows:
(a) to promote consistent subdivision and development patterns in zones.
proposed development would create a battleaxe lot towards the rear of the row
of existing lots which would not be consistent with the existing subdivision
pattern in particular the lots with frontage to Kingslangley Road. In
view of the above the proposed development would not meet the objectives of
the LEP in relation to subdivision.
8. An indicative development on the proposed lot would not comply with the objectives of the setback requirements of the DCP as follows:
· “To enhance and maintain vegetation corridors through landscaping within front and rear gardens and side boundaries.
· Side and rear setbacks are to provide building separation, sunlight, landscaping, ventilation, public views (if appropriate) for the dwelling and its neighbours.”
9. To maintain a reasonable level of privacy by providing translucent/frosted windows, the amenity of the indicative dwelling house on the proposed lot would be compromised by not allowing an outlook from the windows. The windows would otherwise overlook the private open space of Nos 58 and 60 Kingslangley Road.
The decision of the Panel was unanimous
The meeting closed at 7.30pm.
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