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Agenda

Independent Hearing and Assessment Panel Meeting

8 November 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 8 November 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 8 November 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 - 4 OCTOBER 2016

 

Independent Hearing and Assessment Panel Reports

 

2.       3 Holden Street, Northwood

 

Orders Of The Day

 

Officer Reports for Determination

 

3.       25-29 Longueville Road, Lane Cove   

 

 

 

 

 


 

Independent Hearing and Assessment Panel Meeting 8 November 2016

3 Holden Street, Northwood

 

 

Subject:          3 Holden Street, Northwood    

Record No:    DA16/3-01 - 64632/16

Division:         Environmental Services Division

Author(s):      May Li 

 

 

Executive Summary

 

The development application was lodged with Council seeking consent for the demolition of a dwelling house and the construction of a two storey dwelling house at 3 Holden Street, Northwood. 

 

The subject site is located at the southern side of Holden Street, Northwood.  The site and surrounding dwellings have views to Woodford Bay.  The existing improvement on the site includes a single storey dwelling house with basement garage/store room and an in-ground swimming pool at the rear of the property. 

 

The original proposal complies with the LEP 2009 provisions including land use, zoning objectives, building height and FSR standards.  It also meets the building design provisions of the DCP with minor variations to wall height and side setback requirements.  The variations due to the retention of the existing basement structure, are considered minor. 

 

The proposal was notified to the owners of adjoining properties and 7 submissions received in response to the notification of the original plans.  The major concerns raised related to the impact on water views obtained from two adjoining properties at 1 Holden Street and 2 James Street, Northwood. 

 

The applicant amended the proposal to address the neighbours’ concerns. The amended proposal is considered to provide for reasonable view sharing and is recommended for approval.

 

The development application is referred to Lane Cove Independent Hearing and Assessment Panel for consideration and determination given the view sharing concerns raised by adjoining neighbours. 

 

Application Information

 

Property:

3 Holden Street, Northwood

DA No:

DA 3/2016

Date Lodged:

7 January 2016

Cost of Work:

$950,000.00

Owner:

C & J Nipatcharoen

Applicant:        

Chana Nipatcharoen

 

Description of the proposal to appear on determination

Demolition of an existing single storey dwelling house and the construction of a two storey dwelling house.

Zone

R2 - Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 1a, 10a & 10b

Stop the Clock used

Yes -

Notification

Neighbours: 2 & 4 Bayview Street, 1, 2, 4, 6 7 & 9 Holden Street, 1, 1A, 2, 3, 4 & 5 James Street, 51-59 Northwood Road, Northwood.

 

All Councillors and progress Associations

 

Site

 

Property

Lot No. 11, DP No. 773514

Area

968.7m2

Site location

The site is located towards the southern side of Holden Street between James Street to the north and Kellys Esplanade to the south in Northwood.

Existing improvements

Existing improvements include an existing single storey dwelling house with basement and an in-ground swimming pool.

 

Shape

The site is rectangular in shape with a falls of 7.8m from the north-eastern corner to the south-western corner of the site.

 

Dimensions

Width: 19.81m at the northern and southern boundaries

 

Depth: 48.88m at the eastern boundary and 48.915m at the western boundary.

 

Adjoining properties

North-east:  There are two 2 storey dwelling houses located at 1 Holden Street and 2 James Street.

 

South-west: A 2 storey dwelling house is located at 5 Holden Street, & a single storey dwelling house is located at 4 James Street, Northwood.  The property of 4 James Street is listed as a heritage item in accordance with Lane Cove Local Environmental Plan 2009.

 

North: A dwelling house is located at 2 Holden Street, Northwood.

 

South: Unformed James Street, dwelling houses are located at the southern side of James Street, Northwood.

 

The site is neither listed as a heritage item nor located within a heritage conservation area in accordance with Lane Cove LEP 2009.  The site is not bushfire prone land and does not have any potential acid sulphate soils. The site is not affected by road widening and no coastal protection applies to the land.  Site Plan and Notification Plan attached (AT-1 and AT-2).

 

 

Previous Approvals / History

 

There are no recent development applications relating to the subject site in Council’s records. The applicant indicates that the existing dwelling house was built in 1950’s.  The Heritage Impact Statement submitted with the development application states that “the existing house has low representational value as a suburban house, circa 1950 in the Spanish Mission mode, heavily compromised by change including being rendered and enlarged, and extended to the rear.  It has low street presence due to its larger modern neighbours set closer to the street alignment.  It is of low significance which should not preclude substantial change.

 

No concerns are raised in relation to the proposed demolition of the existing dwelling house.

 

Proposal

 

The proposal involves retaining the basement and the swimming pool, demolition of dwelling house and construction of a two storey dwelling house.  The proposed dwelling house comprises

 

Basement Floor

 

·         Cellar and store

 

Ground Floor

 

·         Double garage

·         Guest living and kitchenette

·         2 bedrooms

·         Family wet bar

·         A bathroom and a power room

·         Laundry

·         Decking

·         Swimming pool and

·         Outbuilding

 

First Floor

 

·         Guest bedroom with ensuite

·         2 bedrooms with ensuites

·         Kitchen

·         Dining

·         Living and

·         Decking

 

The existing in-ground swimming pool at the rear of the site would be retained. 

 

 

 

Proposal Data/Policy Compliance

 

Local Environmental Plan 2009 (LEP)

 

Zoning:           R2 Low Density                                 Site Area:                               968.7m²

 

 

Proposed

Control

Complies

Floor Space Ratio

0.5:1

0.5:1

Yes

Height of Buildings

9m

9.5m

Yes

 

Lane Cove Development Control Plan (DCP)

 

 

Proposed

Control

Complies

Front setback (min)

5.9m and is consistent with the prevailing setback along the street

Consistent with area or 7.5m

Yes.  5.5m front setback at 5 Holden Street

Side setback (min)

Min 1179mm on Ground Level

 

 

Min 1500mm on the First Floor

1200mm single storey

 

 

 

1500mm two storey

No.  The variation is considered minor and supported

 

Yes

Rear setback (min)

12.45m

<1000m²: 8m or 25%

 

Yes

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

7.8m

7.0m

No, minor non-compliance is supported.

Maximum Ridge height

9m

9.5m

Yes

Subfloor height (max)

N/A

1.5m

N/A

Number of Storeys (max)

3

2

No.  The site was previously excavated for the construction of the garage and cellar.  The lower level is below the street level and the variation is supported.

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

45%

35%

Yes

Cut and Fill (max)

0.6m fill

1m

Yes

Solar Access

More than 3 hours

3 hrs to north-facing windows

Yes

Provide for view sharing

Addressed by amended plans

Required

Yes

Heritage Conservation

N/A

N/A

N/A

Deck/Balcony depth (max)

5.6m

3m. Deeper decks may be considered if privacy to adjoining properties is addressed.

Yes.  The proposed rear deck on the first floor would not create over looking impacts to adjoining properties.

 

Private open space

More than 24m2

24 m² (min)

4m minimum depth

Yes

Basix

Submitted

Required

Yes

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

2

2

Yes

Driveway width

6m

6m at the lot boundary

Yes

 

Private Swimming Pools

 

As existing

 

Outbuildings

 

The outbuilding located at the rear of the property is proposed to be retained for household storage.

 

Referrals

 

Development Engineer

 

The application has been referred to Council engineer who has not raised any objections subject to recommended draft conditions included in the report (Conditions 31-43).

 

Tree Assessment Officer

 

The application has been referred to Senior Tree Assessment Officer who has not raised any objections subject to recommended draft conditions included in the report (Conditions 44-52).

 

Lane Cove Local Environmental Plan 2009 (Section 79c(1)(A))

 

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

 

Other Planning Instruments

 

Lane Cove Development Control Plan 2010

 

Clause B.4 Part 2 - View Sharing.

 

Objectives

 

The objectives for view sharing are:

 

a)    To ensure that public view corridors between buildings or along streets are retained and enhanced from streets or public spaces.

 

Comment

 

The proposed development would not affect any public view corridors.

 

b)    To minimise the impact of new development on existing public and private views and vistas.

 

Comment

 

The proposed development would have view impacts from two adjoining properties to the north-east. The applicant has amended the design to minimise the impact on private views and vistas.  The amended proposal meets the objective of view sharing.

 

c)    To preserve or fairly share water views for foreshore residents.

 

Comment

 

In the amended proposal, the majority of the views from the adjoining properties would be retained. The application would provide for the fair sharing of the existing view.  The proposal as amended is now considered to meet with the objective.

 

Provisions

 

a)    Where existing views from public spaces are through the gaps between side setbacks of buildings, the length of the building and roof of any proposal should be oriented towards the view in order to minimise view obstruction.

 

Comment

 

This provision is not applicable to the proposed development as it would not affect views from any public spaces.

 

b)    Existing or potential view corridors to the water from the street are to be protected as public view corridors by ensuring that fencing to the front boundary is open in character.

 

Comment

 

This provision does not apply to the application as the proposed development would not affect water view from any streets.

 

c)    Garages and outbuildings are not to be located within the view corridor and the required side setback is to be clear of all built form obstructions. Lightweight carport structures may be considered in side setbacks.

 

Comment

 

The proposed garage is not located within the view corridors of the streets and adjoining properties.  The proposal meets the provision.

 

d)    Buildings on steeply sloping sites should adjust the height of the building envelope to follow the natural topography of the site

 

Comment

 

The proposed building is located on the footprint of the existing dwelling house and the hard paved area.  The proposal meets the provision.

 

e)    To facilitate view sharing for residential developments, flat roofs or low mono-pitched roofs can be used where the design of the building and roof is integrated architecturally and where its appearance would be appropriate given the character of the street.

 

Comment

 

The site is not located within a conservation area and surrounding dwelling houses are in a mixed of modern and traditional building designs.  The proposed development provides for a flat roof which is considered appropriate within the street.  The proposal is considered to meet the provision.

 

f)     Applicants may not be able to achieve the maximum permissible height in order to cater and facilitate view sharing. In such cases, concessions shall be given for side and rear setbacks subject to meeting the requirements for privacy, amenity and solar access to the adjoining neighbours.

 

Comment

 

The proposed building has a maximum height of 9m at the lower side of the site which is less than the maximum permitted 9.5m building height for the site.  The variation to the side setback provision of the DCP would not create any view impact to the adjoining properties.  The proposal is considered to meet the provision.

g)    Views from commercial development will not carry the same weight as views from dwellings.

 

Comment

 

This proposed development is located within a low density residential area and does not relate to any views from any commercial development.

h)    Development is not to unreasonably affect existing water views from the living areas of adjoining dwellings.  Views from bedrooms are not considered to have the same significance unless they are the only available views within the dwelling.

 

Comment

 

The proposed development would have minor impacts to the views from the first floor living areas of both the adjoining properties at 1 Holden Street and 2 James Street.  Part of the views from the outdoor living areas from these properties would be maintained. Extensive views are obtained from the rear entertainment area of 2 James Street. Views are also obtained from the living other living rooms including first floor balcony. Majority of the views would be retained.  The proposal is considered to meet the provision.

 

i)      In such cases the maintenance of the view will be tested against its reasonableness i.e. how the view is obtained and where the view is gained. For instance views that are gained by leaning out a side boundary window and looking obliquely across a number of lots will not be given weight against a view from the main living area window.

 

Comment

 

The proposed development would not affect the majority views from the living rooms on the upper levels of both adjoining properties and considered reasonable.  The proposal meets the provision.

 

j)      Views will also be tested against the extent of view available. Where appropriate the views will also be tested against the view sharing principles stated by the Land and Environment Court

 

Comment

 

The view sharing planning principle of the Land and Environment Court has been taken into consideration during the assessment.

 

To decide whether or not view sharing is reasonable, a four-step assessment has been carried out.

 

The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

Officer’s Assessment

 

The proposed development would impact views from two adjoining properties at 1 Holden Street and 2 James Street, Northwood.  The views are towards Woodford Bay and land views to Woolwich.  Part of the water views from 1 Holden Street have been obscured by the existing dwelling house on the subject site.  2 James Street has water views from the entire rear boundary across the side boundary of the subject site.  The views of the adjoining properties are considered of high value.

 

The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

Officer’s Assessment

 

Views of both two adjoining properties are obtained from their rear boundaries across the side boundary of the subject site.  They are sitting views from ground floor outdoor recreation areas.  There would be little impact to the views in a sitting position from the first floor balconies of both adjoining properties.  The neighbours’ expectations of their existing views to remain unchanged are considered unrealistic. 

 

The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

Officer’s Assessment

 

The majority of the existing views of two adjoining properties would be maintained and the proposed removal of a large pine tree would open up the view corridors and improve the views from both adjoining properties.  Refer to attached photos in Attachment 2 (AT3).

 

The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

Officer’s Assessment

 

The original proposed design met all the planning controls relating to the building height and setbacks to the north-eastern boundary sharing with the adjoining properties. 

 

Staff visited the site and the adjoining sites to ascertain the likely impact upon existing views. Staff individually visited and heard from each owner and their consultants to fully understand their concerns.  While the views enjoyed by the owners of 1 Holden Street and 2 James Street are of high value, they are enjoyed at a higher level than the subject proposal.  For 2 James Street, views can be enjoyed from both within the dwelling (at each level) and in the alfresco garden.  The views from 1 Holden Street is obscured by a large pine tree which is proposed to be removed as part of the application.  The removal of the existing pine tree would restore both the extent and quality of views to both adjoining properties north-east of the subject site.  Notwithstanding such, the existing view at 2 James Street in the alfresco garden area would be impacted, but not unreasonably. 

 

The proposed development is fully compliant in the height and setback with regard to the north-east boundary.  Upon receiving and noting the concerns of the neighbours to the north-east, the applicant sought, at some inconvenience, to have regard to their neighbours concern and reconfigured their internal building design to pull back from the eastern boundary and minimize the perceived view loss.

 

The amendment would minimize the extent of view loss for both adjoining properties to the north-east and is supported.  The owner of 1 Holden Street has advised Council that the view sharing concerns have been addressed by the amendments.  This issue is also addressed in the response to notification section of the report.  

 

The amended plans with a refined and skillful design meet the planning controls and reduce the view impacts.  It is considered that in the amended proposal the view sharing is considered fair, reasonable and supported. 

 

It is considered that the proposed development as amended meets the view sharing objectives of the DCP and the Land and Environment Court view sharing planning principle.

 

SEPP 55 Remediation of Land

 

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

 

Applicable Regulations

 

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

 

Variations To Council’s Codes/Policies (Sections 79c(1)(A), (1)(B), And (1)(C))

 

The preceding policy assessment table identifies those controls that the proposal does not comply with the DCP provisions.  Each of the departure is discussed below.

 

Proposed

Control

Comment

Council support

Min side setback 1.18m to the western boundary on the basement and ground levels

1.2m for single storey

1.5m for two storey

The proposal would retain basement structure and the western wall on ground level.

 

The setback on the first floor complies with the DCP provision.

Yes. This is a minor variation due to the retention of existing structures.

Max wall height 7.8m

7.0m (max)

The wall height is measured from the existing basement finished floor level which was built on an excavated level.

 

Yes, because the existing ground level has been excavated below the natural ground level. 

Max 2 storey building

3 storey

The lower level is a basement level which was previously built on an excavated level. 

Yes.  The proposed building would have a two storey appearance from Holden Street. 

Max width of balconies/elevate decks

3m

5.6m on the first floor

The rear deck on the first floor is a roof top structure.  A 1.0m width planter at the edge of the deck would be required to address the privacy issues of the adjoining properties (Condition 2 (b)).

 

 

The variations to the building height and side setback provisions of the DCP listed above are considered minor variations due to the site development history and the site constrains.  Supporting the variation is unlikely to create any adverse impacts to the amenity of the adjoining properties.

 

The privacy concerns relating to the rear deck are able to address by a condition of consent.  The variations to the DCP provisions are therefore supported.

 

Response to Notification (Section 79C(1)(d))

 

The development proposal was notified in accordance with Council’s Notification Policy.  The original plans were notified between 14 January 2016 and 1 February 2016.  7 submissions were received in response to the notification of the original proposal.  The concerns raised in the submissions are summerised and discussed as below:

 

·         The proposed design fails to meet the wall height requirement of the DCP.

 

Comment

 

The proposed building has a 7.8m wall height on the west elevation and exceeds the wall height requirement by 0.8m.  The west elevation is at the lower side of the property and the ground level was previously excavated for the construction of the garage of the existing dwelling house.  The east elevation complies with the DCP provision and the design meets the LEP building height standard.  The variation is due to the site constrains and is supported. 

 

·         Side setback does not meet the DCP provision.

 

Comment

 

The proposal would retain part of the existing structures including the basement and the western wall on the ground level.  This would result in an existing setback of 1179mm to the western boundary on the ground level marginally less than the 1200mm provision of the DCP.  The variation is supported as this is a minor variation.  It is noted that the first floor of the proposed design meets the side setback provision of the DCP.

 

·         The proposed development would cause a significant view loss to two adjoining properties at 2 James Street and 1 Holden Street, Northwood.

 

Comment

 

The proposed development would affect the views of two adjoining properties at 1 Holden Street and 2 James Street, Northwood.  Views from these two properties are both gained from their rear across the side boundary of the subject site.

 

The residents of 2 James Street enjoy view from all rooms towards the west and the garden area.  The original proposed building might cause a loss of the view by approximately 10%.  In the amended proposal majority of the views would be retained. 

 

The residents of 1 Holden Street currently enjoy view to Woodford Bay and Woolwich from their ground outdoor deck.  The original proposal would have approximately 50% impact on view which is considered significant.  A more skillful design could reduce the view loss impact to 1 Holden Street, and the applicant was requested to amend the building design during the assessment process.

 

The first amended plans were lodged with Council and were re-notified between 9 May 2016 and 23 May 2016.  The amended proposal changed the development from alterations and additions to an existing dwelling house to the demolition of the existing dwelling house and the construction of a new dwelling house.  The building footprint and the height of the original design remained unchanged. 

 

Further amended plans were lodged on 9 September 2016.  The amended plans have changed the first floor plan by pulling back the proposed dining room and roof structure from the eastern rear corner and relocate the floor area to the west and made adjustment to the outdoor lounge/deck area.  The amended plans were notified to two adjoining neighbours at 1 Holden Street and 2 James Street, Northwood. 

 

Four Fold Design lodged a submission on behalf of the owners of 1 Holden Street in response to the notification of the second amended plans.  The submission stated that the amendments have addressed the concerns regarding view sharing and knowledge that the removal of a larger pine tree in the eastern corner of the subject site would enhance the view of the adjoining properties to the north-east.  The submission remained concerns relating to acoustic and privacy impacts to the adjoining properties.

 

Comment

 

The amended design meets the building height and the FSR standards of the LEP.  The bulk and the scale of the proposed development are considered acceptable to the site context.  The amended plans with a more refined and skillful and considered design have minimised the view impacts to the adjoining properties.  The ground level of the subject site is lower than the ground level of the adjoining properties to the north-east.  The finished floor level of the proposed first floor at RL 32.68 is similar to the ground level at the rear of the adjoining sites to the north-east.  The proposed first floor rear deck is more than 12m from the adjoining boundary and is lower than the outdoor deck of 1 Holden Street. 

 

It is considered that the proposed rear deck on the first floor would create minimum acoustic and privacy impacts to the adjoining properties to the east at 1 Holden Street and 2 James Street, Northwood. 

 

The submission in response to the amended plans submitted on behalf of the owner of 2 James Street maintains their objection to the proposed development and requests further amendments to the design.  The objection has been considered and reviewed in light of the view sharing principle and further amendments are not supported. 

 

All submissions were taken into consideration during the assessment. 

 

Conclusion

 

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

 

The proposal involves the demolition of an existing dwelling house and the construction of a new dwelling house.  The amended proposal meets with the Floor Space Ratio and Height controls as required in the Lane Cove Local Environmental Plan 2009 and generally meets with the Part B General Controls and Part C Residential Development Objectives in the Lane Cove Development Control Plan.

 

The view sharing objectives of the DCP and the Land and Environment Court planning principle have guided the assessment and recommendation provided.  The amended proposal by the applicant minimizes view loss for the properties to the north-east and is supported as being a fair and reasonable sharing of views. 

 

On balance the proposed development would be reasonable 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 3/2016 for the demolition of an existing dwelling house and the construction of a two storey dwelling house on Lot 11, DP 773514 and known as 3 Holden Street, Northwood subject to the following conditions:

 

General Conditions

 

1.    (20) That the development be strictly in accordance with the following drawings with Project No. 15/487,dated 09.09.16, prepared by Urbanistica except as amended by the following conditions.

 

-      Site Plan, DA01, Issue B,

-      Basement Floor Plan, DA02, Issue B;

-      Ground Floor Plan, DA03, Issue B;

-      First Floor Plan, DA04, Issue B;

-      Roof Plan, DA05, Issue B;

-      Proposed Side Elevations (Eastern & Western), DA06, Issue B;

-      Proposed Front & Back (North & South) Elevation, DA07, Issue B;

-      Proposed Section AA, DA08, Issue B;

-      Proposed Section BB, DA09, Issue B;

-      Landscape Plan, D04, Issue A, dated 09.12.15.

 

2.    Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate:

 

(a)   Solid fences adjoining at the front of the property must not exceed 900 mm in height from the existing ground level between the proposed dwelling-house (building line) and the street frontage.  Part solid and predominately see through fences must not exceed 1200mm above existing ground level on the front boundary. 

 

(b)   A 0.5m wide planter with a minimum solid depth of 0.5m must be constructed at the eastern and western edges of the rear deck on the first floor of the dwelling house.   Low water use shrubs must be planted and maintained in a good condition for the life of the development. 

 

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

 

4.    (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.

 

5.    (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.

 

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

 

7.    (35) Hours of Building Works

 

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

 

Monday to Friday (inclusive)                   7.00am to 5.30pm

Saturday                                                  7.00am to 4.00pm

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

 

       A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site.

 

8.    (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.

 

9.    (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.

 

10.  (39) The building not to be used for separate occupation or commercial purposes.

 

11.  (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.

 

12.  (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.

 

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

 

14.  (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.

 

15.  (58) Structural Engineer's Certificate being submitted certifying that existing basement is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

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

 

17.  (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark colour range.

 

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

a)  The establishment of the each 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.

 

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

 

20.  (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 CONDITIONMUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

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

 

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

 

23.  (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.

 

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

 

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

 

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

 

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

 

28.  (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.

 

29.  (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.

 

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

 

General Engineering Conditions

 

31(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.

 

32(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. 

 

33(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.

 

34(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.

 

35(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.

 

36(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.

 

37(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’.

 

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

 

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

 

       Note:

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

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

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

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

40(D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan C-2979-01 prepared by Kozarovski & Partners dated 21/12/15.

 

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.

 

41(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. Lodgment of this bond is required prior to the issue of the Construction Certificate.

 

Engineering Condition to be Complied with Prior to Commencement of Construction

 

42(C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be Complied with Prior to Occupation Certificate

 

43(M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

·      Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. 

 

Tree Management Conditions

 

44.  (300)  Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal 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.

 

45.  (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.

 

46.  (354)  Bulk excavation or excavation for strip footings, service lines including storm water lines or sewer lines is NOT PERMITTED within 5 metres of the Norfolk Island pine tree in the rear yard or within 5 metres of the Liquidambar tree in the front yard.  If approved excavation work is required within 3 metres of the trunk of trees to be retained, including trees in neighbouring properties, this work must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged.

 

47.  (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.

 

48.  (317) A 1.8m high chain mesh fence shall be erected a radial distance of not less than 4 metres from the trunk of the Liquidambar tree and 1.2 metres of the Norfolk Island pine tree. 

 

49.  (new) A waterproof sign must be placed on the tree protection zones stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

50.  (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.

 

51.  (new) All hedging or screening plants used on the site must be of such a species that they may be maintained at a mature height that will not impede views of Woodford Bay. The foliage of hedge or screen plants shall be maintained by ongoing and continuous pruning annually or more frequently as required.

 

52.  (new) The Landscape Plan (Dwg No: D04) dated 09/12/2015 is to the satisfaction of Council and must be adopted as part of the development consent. However, the proposed row of kentia palms behind the pool must be changed to a shrub or palm species that do not grow higher than 2 metres from the pool area (RL 28.45).

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Site Location Plans

3 Pages

 

AT‑2View

Neighbour Notification Plan

2 Pages

 

AT‑3View

Photographs of site trees and view

5 Pages

 

 

                     


 

Independent Hearing and Assessment Panel Meeting 8 November 2016

25-29 Longueville Road, Lane Cove

 

 

Subject:          25-29 Longueville Road, Lane Cove     

Record No:    DA15/182-01 - 67226/16

Division:         Environmental Services Division

Author(s):      May Li 

 

 

Property:                       25-29 Longueville Road, Lane Cove

 

DA No:                          DA 182/2016

 

Date Lodged:                11 November 2015 (Latest amended plans lodged on 21/10/2016)

 

Cost of Work:               $8,575,350.00

 

Cadastral and Ownership Details:

 

Address

Lot Description

Site Area

Owner

25 Longueville Road

Lot 78, DP 1055896

623m2

BMV Developments Pty Ltd & Chaireleigh Lane Cove Pty Ltd & others

27 Longueville Road

Lot 13, DP 808119

420m2

As above

29 Longueville Road

Lot 12, DP 808119

376m2

As above

A Pathway located between 25 and 27 Longueville Road

 

42m2

Lane Cove Council

Total

4

1461m2

 

 

Applicant: BMV Developments Pty Ltd & Chaireleigh Lane Cove Pty Ltd & others

                                                                                                                      

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of three residential flat buildings, consolidation of land, construction of a residential flat building comprising 40 dwellings with basement car park for 61 cars and construction of a public walkway at the western side of the land.

ZONE

R4 – High Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 2, 7a & 10b

STOP THE CLOCK USED

Yes

NOTIFICATION

Refer to the Notification Plan in Attachment 1 (AT2).

 


 

Reason for Referral

 

The development application is referred to Lane Cove Independent Hearing and Assessment Panel (IHAP) for consideration and determination because of inclusion of public land and owned by Lane Cove Council. 

 

Executive Summary

 

The development application was lodged with Council on 11 November 2015 seeking consent for the demolition of three residential flat buildings, closure of a public walkway, relocation of public pedestrian access and construction of a residential flat building development. 

 

The subject site is located at the northern side of Longueville Road, Lane Cove and comprises three lots and a public walkway located between 25 and 27 Longueville Road.  The public walkway is included in the site area of the proposed development for the purposes of this assessment. 

 

The proposal also includes the construction of a 2.0m wide public walkway with a Right of Way easement at the western section of the site.  The new pathway would be constructed in accordance with the relevant accessibility standards and improve pedestrian access between Taylors Lane and Longueville Road by providing a wider and more accessible pathway.

 

The original proposal submitted in November 2015 was for a 7 storey residential flat building comprising 45 dwellings.  The original design did not meet the 18.0m building height standard of the Lane Cove Local Environmental Plan 2009 (LEP).  During the assessment process, the applicant was requested to amend the design to comply with the LEP standard and improve accessibility of the proposed walkway. 

 

In the amended proposal submitted in July 2016, the height of the proposed building has been reduced to 6 storeys and the number of the dwellings has been reduced to 40 dwellings.  The amended plans comply with the building height and FSR standards of the LEP. 

 

The proposed building design generally meets the LEP provisions in relation to the land use, zoning objectives, building height and FSR standards. It meets the building design provisions of Lane Cove Development Control Plan 2010 (DCP) with variations to the minimum site area, rear and side setback requirements.  The variations are supported given the lane to the rear and the proposed public walkway would provide additional building separation between the proposed building and the adjoining properties. 

 

The amended proposal submitted  is consistent  with the nine (9) design principles  of

SEPP 65 and complies with all relevant r equirements of the  Apartment Design Guide

(ADG).

 

The development proposal was notified twice in accordance with Council Notification Policy.  10 submissions were received in response to the notification of the original design.  The concerns raised include non-compliance with the building height, reducing solar access to adjoining properties, increasing traffic movements to Taylors Lane and the relocation of the public walkway.   6 submissions were received in response to the notification of the amended plans.  Most of the submissions reaffirmed their concerns to a high density residential flat building development on the subject site. 

 

All internal referrals have endorsed the proposal and provided draft conditions of consent. 

 

Given the development is subject to an agreement with Council for the closure of the existing public walkway, the application is recommended for approval as deferred commencement consent. 

 

Council has provided owner’s consent only for the purpose of determining this assessment. 

 

Site

 

The site is known as 25-29 Longueville Road, Lane Cove.  It includes an existing public pathway that separates 25 and 27 Longueville Road.  Council has granted consent to the applicant to lodge the development application which includes the public land within the development proposal. 

 

The agreement with Council for the closure of the existing public walkway is currently in process.  The operation of the development consent would be subject to a separate road closure application and process. 

 

The site is located on the northern side of Longueville Road between Pacific Highway to the east and Parklands Avenue to the west.  It has rear lane access from Taylors Lane to the north. The site is irregular in shape with 43.31m frontage to Longueville Road and 43.61m to Taylors Lane.  The site falls approximately 8.4m from its south-western corner to the north-eastern corner. 

 

The southern part of the site has been affected by road widening and is identified as possibly within the zone of Lane Cove Tunnel influence. 

 

The existing improvements on the site include a 1.2m wide public footpath and three part 2 and part 3 storey residential flat buildings.  Each of the existing residential flat building comprises 2 x 2 bedroom dwellings. 

 

The existing laneway between 25 and 27 Longueville Road provides pedestrian access between Kara Street and Longueville Road.  It is a 1.2m wide footpath with steps in varying sections of the lane.  There is no lighting provided along the lane.  The laneway is narrow and difficult to use by mothers with prams, the elderly and general public and does not meet the current accessibility standards.

 

Surrounding developments include:

 

To the east:     A part 4 storey part 5 storey residential flat building comprising 14 dwellings at 21-23 Longueville Road in R4 – High Density Residential zone. 

 

To the west:    A two storey residential flat building comprises 4 dwellings at 31 Longueville Road in R4 zone.

 

To the north:    Taylors Lane then dwelling houses along the northern side of Taylors Lane in R3 – Medium Density Residential zone.

 

To the south:   Longueville Road then residential flat buildings along the southern side of Longueville Road in R4 zone.

 

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

 

Proposal

 

The proposal is for the demolition of three residential flat buildings, consolidation of land and construction of a residential flat building.

 

The original proposal was a 7 storey residential flat building comprising 45 dwellings. 

 

The amended proposal is a 6 storey residential flat building comprising 40 dwellings with basement car park for 61 cars.

 

The number of dwellings in the amended proposal is as follows:

 

1 Bedroom

2 Bedroom

3 Bedroom

Total Units

19 (47.5%)

17 (42.5%)

4 (10%)

40 (100%)

 

The proposal includes the closure of an existing public footpath between 25 and 27 Longueville Road and the construction of a 2m wide public walkway with an easement towards the western section of the site.  The easement also extends along the Taylors Lane frontage with a 1.5m wide footpath within site. 

 

Previous Approvals / History

 

There are no recent development applications relating to the subject site in Council’s records.  Aerial photographs, provided by nearby residents, indicate that the site has been occupied by the residential flat building for more than 50 years.  The three properties are neither listed as heritage items nor located within a conservation area in accordance with Lane Cove LEP 2009.  No concerns are raised in relation to the demolition of the existing structures on the site. 

 

Council, at its meeting on 10 October 2016, resolved to commence community consultation to close the laneway between 25 and 27 Longueville Road and create a new pedestrian access.  The inclusion of laneway within the development site is subject to Council approval for the road closure. 

 

Referrals

 

Manager Urban Design and Assets

 

The development engineer has reviewed the proposal and provided the following advice:

 

The stormwater concept plan provided with this application generally complies with the DCP. A gross pollutant trap has been conditioned to be added to the proposed development.

 

The upgrade of Council’s infrastructure adjacent the site and the proposed new driveway and walkway have been conditioned.

 

The proposed bulk earthworks have been conditioned in the interest of all adjoining structures.

 

Concurrence from RMS is required due to the proximity of the development to the Lane Cove tunnel.

 

All parking, walkway and driveway ramps need to be assessed and approved by Council’s Traffic Section.

 

Comment

 

Council’s development engineer has endorsed the application and provided draft conditions which have been included in the recommendation (Conditions 42-80). 

 

Separated referral to RMS and the traffic section has been discussed below.

 

 

Traffic Manager

 

The traffic manager has endorsed the application and provided draft conditions of consent which have been included in the recommendations (Conditions 81-97).

 

NSW Roads and Maritime Services (RMS)

 

The site is located within a close proximity to Lane Cove Tunnel and the application was referred to RMS for comment in accordance with Clause 101, 102 and 103 of the State Environmental Planning Policy (Infrastructure) 2007.

 

RMS has endorsed the application and provided conditions which have been included in the recommendations (Conditions 98-107).  Refer to Attachment 3 for RMS’s advice (AT 3).

 

Tree Assessment Officer

 

The proposal was referred to Council’s Senior Tree Assessment for assessment.  The officer has advised that the site does not contain any trees worthy of retention.  Trees on the neighbouring properties could be protected by conditions of consent.

 

Council’s tree assessment officer has endorsed the amended proposal and provided draft conditions which have been included in the recommendations (Conditions 108-113 in Part B).

 

Manager of Environmental Health

 

The Manager of Environmental Health has advised that the applicant has not provided sufficient information addressing the environmental health issues.  The following information is required for further assessment:

 

·         Construction Noise Management Plan

·         Desk Top – Contamination Report

·         Environmental management Plan for the construction phase that addresses – water management, sediment and erosion controls, dust management.

·         Traffic management – specifically addressing the construction phase – truck movements, contractor parking, deliveries etc. Commentary is to be provided as to how waste management for the surrounding dwellings is going to be arranged during the construction phase.

·         Acoustic Report addressing the noise impacts on the development from Epping Road and the Pacific Highway for internal noise levels and external recreational areas.

 

Comment

 

The required information is essential to ensure the development being carried out in accordance with the provisions of SEPP 55 and proper construction noise and traffic managements. 

 

This information is to be submitted to and approved by Council prior to determination of the application or alternatively, a deferred commencement may be considered.  In this instance, it is considered appropriate that these items be addressed via the granting of a deferred commencement consent to give the applicant certainty that the development can proceed upon the submission of the necessary investigation and validation that remediation works have been satisfactorily completed (Condition 2-6 of Part A of the recommendation).

 


 

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

 

Lane Cove Local Environmental Plan 2009

 

LEP 2009

Provision

Proposed

Complies/ Comment

Zone

R4 – High Density Residential zone

Residential Flat Building development

Yes

Maximum permitted FSR

2.4:1

2.0:1

 

Yes

Maximum permitted building height

18.0m

18.0m

 

Yes

 

From the above, it is apparent that the amended proposal meets the Height and FSR development standards of the LEP.

 

The written request for the exception to the building height standard relating to the original design is no longer relevant given that the amended proposal meets the LEP development standards. 

 

Other Planning Instruments

 

State Environmental Planning Policy – Design Quality of Residential Apartment Development (SEPP 65)

 

The proposed development is affected by the provisions of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (SEPP 65).  In accordance with Section 50(1A) of SEPP 65, Design Verification Statements of the original and the amended proposal have been prepared by Mr David Wolski (Registered Architect No. 5297).  These Statements provide detailed discussion as to how the proposed development satisfies each of the nine (9) design principles of SEPP 65 and the requirements of the Apartment Design Guide (ADG).

 

In this instance, the application and SEPP 65 reports were referred to Council’s SEPP 65 Officer (Manager Development Assessment) for assessment, who has advised the proposed development is consistent with each of the nine (9) design principles of SEPP 65 and the requirements of the ADG.  A copy of this assessment is provided as Attachment 4 (AT 4).

 

Lane Cove Development Control Plan 2010

 

The following sections of Lane Cove DCP 2010 are relevant to the proposed development:

 

Part B – General Controls

Part C3 – Residential Flat Buildings (including Part C – Locality 3 Longueville Precinct)

Part F – Access and Mobility

Part J - Landscaping

Part O – Stormwater Management

Part Q – Waste Management and Minimisation

Part R – Traffic, Transport and Parking

 

The extent to which the proposed development complies with the relevant provisions of these sections of the DCP is identified in the following compliance table and also discussed further within the relevant Council officer’s comments where necessary later in the report.

 


 

Lane Cove Development Control Plan 2010

 

Part B – General Controls

 

Clause

DCP

Proposed

Complies/ Comment

B3 – Site Amalgamation & Isolated site

To encourage site consolidation of allotments for development in order to promote the desired urban design outcomes and the efficient use of land and to avoid the creation of isolated sites.

 

Consolidation of 3 allotments and a public road for a residential flat building development

 

 

Yes.  The development would consolidate 3 lots and a public pathway for a residential flat building development.  However, site area is below the minimum lot size of 1500m2 for a residential flat building development by 39m2 beige a minor departure.

B8 – Safety & security

 

Ground floor dwellings have direct access or entries from the street and at least one habitable room with windows facing the street

The building has a pedestrian entry from Longueville Road and most windows facing Longueville Road are habitable room windows (bedrooms or living rooms)

Yes

 

Part C3 – Residential Flat Buildings

 

Clause

Requirement

Proposed

Complies/ Comment

3.2 Density

Minimum site area 1500m2 for a residential flat building development

Area of site approx 1461m2 which is 39m2 less than the minimum site area for a residential flat building development.

Yes.  The variation is minor and considered acceptable in this context.

3.3 Building depth

18m exclusive of any balcony

 

27m

No.  However, the proposed building would have sufficient cross ventilation, day light and solar access. It meets the building depth objectives.

 

3.4 Building width

40m maximum fronting the street

30m fronting Gordon Crescent

Yes

 

3.5 Setback

Front

 

 

 

 

Side

 

 

 

 

 

 

 

Rear

 

In accordance with street prevailing setback or Minimum 7.5m

 

 

6m up to 4 storeys with up to 0.5m encroachments for articulation elements. 

 

9m for 5-8 storeys with up to 0.5m encroachments for articulation elements

 

6m up to 4 storeys

 

 

9m for 5-8 storeys

 

4.2mm

 

 

 

 

5.5m to the eastern boundary & 5.1m to the proposed walkway

 

8.6m to the eastern boundary & 10m to the western boundary

 

5.8m with articulation elements

 

7.8m

Yes.  The proposed front setback is consistent with street   prevailing setback.

 

 

Yes, DCP allows 0.5m encroachments for articulation elements. 

 

Yes. 

 

 

 

Yes

 

 

Acceptable.  The rear lane would provide additional building separation between the proposed building and the adjoining properties

3.5.3 Parking Podium Height

 

At front boundary

 

At east boundary

 

At west boundary

 

At rear boundary

 

 

 

Max 1.2m

 

 

Max 1.2m

 

 

Max 1.2m

 

 

Max 1.2m

 

 

 

Nil

 

 

Nil

 

 

Nil

 

 

Nil

 

 

 

Yes

 

 

Yes

 

 

Yes

 

 

Yes

 

3.6 Building separation within development

9m between non-habitable rooms and blank wall to any other window, well or balcony for 5-8 storeys up to 25m

 

N/A

N/A.  There is only one building proposed on the site.

3.8 Excavation

Encroachments into setback zone of up to 2m may be permitted for underground parking structures no more than 1.2m above ground level.

 

Basement to the front boundary: 3.6m

 

Stairs to the eastern boundary: 0.8m.

 

 

 

 

Stairs to the rear boundary: 1.7m

Yes

 

 

No.  Small building section encroachment is considered minor & acceptable in this context.

 

No.  Minor building section encroachment is accepted given the site topography.

 

3.9 Design of roof top area

Detailed landscape plan required

 

No roof top terrace proposed

 

N/A

3.10 Size & mix of dwellings

Minimum 40m2

 

A minimum of 10%of mixture of 1, 2, & 3 bedroom dwellings should be provided.

Minimum 50m2

 

The proposal comprises 19X1 bedroom dwellings (47.5%)

 

17X2 bedroom dwellings (42.5%)

 

4x3 bedroom dwellings (10%).

Yes

 

Yes

 

 

 

Yes

 

 

Yes

3.11 Private open space

Primary balconies - 10m2 with minimum depth 2m

Primary terrace - 16m2 with minimum depth 4m

Minimum sizes of balconies are 10m2.

Private terraces meet minimum dimensions

Yes

 

Yes

3.12 Ceiling heights

 

Minimum 2.7m

2.7m

Yes

 

3.12 Storage

 

6mper 1 bedroom dwelling

18 x 1 bedroom dwelling require 108m3 (18x6)

 

8m3 per 2 bedroom dwelling

23x2 bedroom dwellings require 184m3 (23x8).

10m3 per 3 bedroom dwelling

4x 3 bedroom dwellings require 40m3 (4x10).

Total = 332m3

 

50% of the storage volume within the dwelling

 

Storage areas are proposed within the basement levels to meet 50% of the storage requirement

Internal storage areas are proposed within dwellings.  The internal space of dwellings is sufficient to meet the requirements of storage volume.

 

Yes

 

 

 

Yes

 

3.14 Solar access

 

Living rooms and private open spaces of 70% of the units to receive 3 hours of direct sunlight between 9am – 3pm on 21 June

 

Maximum 10% dwellings with a southerly aspect

85% of dwellings would receive more than 3 hours solar access (34 dwellings)

 

 

No dwellings have a southerly aspect

Yes, excellent given the orientation and design

 

 

 

Yes

 

3.15 Natural ventilation

 

Minimum 60% of the dwellings should have cross ventilation.

 

Minimum 25% of kitchens have access to natural ventilation

 

58% of dwellings would have cross ventilation (23 dwellings)

 

35% of kitchen would access to natural ventilation (14 dwellings)

 

No.  However considered acceptable in the context.  

 

 

Yes

3.16 Visual privacy

 

Provide visual privacy between the adjoining properties

Privacy screens are not proposed to all windows directly facing other the buildings

Yes.

The proposal meets the side set back requirements & privacy screens are not required.

3.17 Communal open space

Minimum 25%

30% proposed

Yes

3.19 Landscaped area

25% provided at ground level and up to15% provided on structures (40% required)

36% deep soil landscaped area proposed on the ground level and 4% on the structure

(40% proposed)

Yes

 

Part F - Access and Mobility

 

DCP

Proposed

Complies/ Comment

Adaptable housing to be provided at the rate of 1 dwelling per 5 dwellings (20%) (Minimum of 8 dwellings are required)

8 adaptable dwellings are proposed. 

Yes

Provide 1 accessible parking space for each adaptable housing unit (minimum of 8 spaces required)

9 disabled car spaces (8 spaces for adaptable units and 1 space for visitors) are proposed on Basement 01, 02 & 03 levels

Yes

 

 

Part R – Traffic, Transport and Parking

 

Car Parking Rates – Residential Flat Buildings

 

Clause

Requirement

Proposed

Complies/ Comment

Car parking, motorcycle and bicycle spaces

 

19 x 1 bedroom dwellings = 19 spaces (19x1)

 

17 x 2 bedroom dwellings = 25.5 spaces (17x1.5)

 

4x3 bedroom dwellings = 8 spaces (4x2)

 

Visitor 1 per 4 dwellings = 10 spaces (40/4)

 

Required car parking spaces: 63

 

1 motor cycle space per 25 car spaces.

3 spaces required (63/25)

 

1 bike racks per 10 dwellings

4 bike lockers required (40/10)

 

1 Bike rail per 12 dwellings

4 rails required (4/12)

 

 

 

 

 

 

 

 

 

 

61 car spaces are proposed

 

 

 

 

No motor cycle spaces are proposed

 

No bike racks are proposed in the basement car park

 

 

No bike rails proposed

 

 

 

No.  The shortfall of the car spaces are approximately 3% of the minimum car parking requirement.  However, the site is constrained and public transport (buses) is located within 100m and the proposed upgrading of the pedestrian footpath is considered positively and encourage residents to use public transport.

 

No.  To be addressed by a condition to comply (Condition 2(b)).

 

No.  To be conditioned to comply. (Condition2(c)).

 

 

 

No.  To be conditioned to comply (Condition2(c)).

 

Lane Cove Section 94 Contribution Plan

 

Contribution Plan applies to the proposal due to the increase in population of the area as a consequence of the development.  Given the required Section 94 contribution must not exceed $20,000 per dwelling in accordance with the cap under the Reforms of the Local Development Contribution, the Section 94 contribution is calculated in the following manner:

 

No. of bedrooms

S94 per dwelling

Required contribution ($)

19 x 1 bedroom

$10,000/person x1.2 person/dwelling = $12,000

228,000 (19x$12,000)

17 x 2 bedroom

$10,000/person x1.9 person/dwelling = $19,000

323,000

(17x$19,000)

4 x 3 bedroom

$10,000 x 2.4 person/dwelling = $24,000 = $20,000.00 (cap)

80,000

(4x$20,000)

Total

 

631,000

 

A credit with an amount of $114,000 (6x$19,000) for 6 x2 bedroom existing dwellings on the site is taken into consideration for the calculation of the Section 94 Contribution.

 

Total Section 94 Contribution payable            $517,000.00 ($631,000-$114,000).

 

The requirement of the S94 contribution would be addressed by Condition 8 in Part B of the recommendation.

 

Variations To Council’s Codes/Policies (Sections 79c(1)(a), (1)(b), and (1)(c))

 

The variations to the DCP provisions were discussed DCP compliance table.

 

Response to Notification (Section 79C(1)(d))

 

The issues raised in the submission can be summarised as follows.

 

The development proposal was notified twice in accordance with Council Notification Policy.  The original proposed was notified between 23 November 2015 and 7 December 2015.  10 submissions were received in response to the notification of the original design.  The raised concerns included non-compliance with the building height, reducing solar access to the adjoining properties, increasing traffic movement on Taylors Lane and the relocation of the public walkway.  The concerns are summarized and discussed as follows:

 

·         The public walkway relocation proposal is being carried out without proper public consultation.

 

Comment

 

The closure of the public walkway is subject to a separate application under the Roads Act.  Council at its meeting on 10 October 2016 resolved to commence community consultation to close the laneway.  The approval of this development applicant is subject to the road closure application. 

 

·         The proposal would reduce the amenity of residents living in 31 Longueville Road, Lane Cove.

 

Comment

 

The proposal meets the building design controls of Lane Cove DCP relating to building height, setbacks, and landscaping.  The proposed design is considered suitable in the context and building character of the area. 

 

·         There is pedestrian safety issue relating to the relocation of the walkway.

 

Comment

 

The existing public walkway between 25 and 27 Longueville Road has steps and no proper lighting facility.  It is too narrow and is difficult for mothers with prams, elderly and general public users.  The proposed walkway would be constructed in accordance with the current DDA standards.  Appropriate lighting would be provided and pedestrian accessibility would be improved.

 

·         The proposed building exceeded 18m high limited.

 

Comment

 

The original proposal exceeded the building height standard and the non-compliance has been addressed by the amended design.  The amended proposal is 6 storeys and within the 18.0m maximum height limit.

 

·         The proposal would increase traffic movement in Taylors Lane which already experiences heavy traffic with the existing residential access.

 

Comment

 

The site is zoned R4 for high density residential purposes.  Vehicular access to the site can only be obtained from Taylors Lane given the heavy traffic on Longueville Road.  Taylors Lane would be upgraded to a 6.0m wide lane by Council. Traffic management in Taylors Lane would be significantly improved after the upgrade is undertaken in the future. 

 

·         The proposed development is located in a close proximity to Lane Cove Tunnel

 

Comment

 

It is agreed that the site is located in close proximity to Lane Cove Tunnel.  The proposal has been referred to RMS for comment.  RMS has considered the proposal and provided conditions to ensure that the concerns are adequately addressed. 

 

·         The development would create construction noise impact to surrounding residents.

 

Comment

 

It is agreed that there would be potential noise impacts to the surrounding residents during the construction process.  Conditions relating to the restriction of working hours for major developments and the construction noise management would be imposed as conditions of consent (Condition 2 and 3 in Part A and Condition 9 in Part B).

 

The amended proposed was notified between 20 July 2016 and 3 August 2016.  6 submissions were received in response to the notification of the amended plans.  Most of the submissions reaffirmed their concerns in relation to high density residential flat building development on the site. 

 

All submissions have been taken into consideration during the assessment. 

 

Conclusion

 

The development application has been assessed in accordance with matters for consideration outlined in Section 79C of the Environmental Planning and Assessment Act 1979 and having regard to all of the relevant instruments and policies.

 

The proposed development is permissible on the land with consent under Lane Cove LEP 2009. The proposal is consistent with all relevant provision of Lane Cove Development Control Plan 2010. The proposal meets the nine design principles of SEPP 65. 

 

The concerns raised in the submissions were taken into consideration and are not considered to warrant refusal of the application or require any further modification of the proposal.  Rather, a number of the issues raised such as the compliance with the building height standard of the LEP have been addressed by the amended proposal or have been addressed by conditions of consent.

 

As such, the proposal is not considered to result in any significant or undue adverse impacts for the locality and is not considered to be contrary to the public interest.  Accordingly, it is recommended that a “Deferred Commencement” consent be granted requiring the approval of the closure of the public pathway to be completed and the land form part of the development, and additional information relating to environmental health management to be submitted to Council for reviewing and approval.  Upon the consent becoming operational, the consent is recommended to be subject to the draft conditions listed in Part B of the recommendation. 

 

Executive Manager’s Comments

 

The development of this proposal by the applicant has been with the co-operation and assistance of Council’s Open Space and Urban Service’s (OSUS) department over a number of years prior to a formal application.  Issues considered and resolved centre around the proposal to acquire a public pedestrian link between Kara Street and Longueville Road.  The pedestrian link is narrow at less than 1.0 metre in width (in part) and graded with steps.  Notwithstanding the pathway constraints, it is a popular link for pedestrians accessing Longueville Road, the major bus link to the City and the village.

 

With such in mind, the OSUS department sought to improve pedestrian accessibility of this well used pedestrian link and worked with the applicant to improve safety, accessibility and useability of this small but vital piece of infrastructure.

 

Under the proposal the existing public pathway would be closed and consumed by the proposed development to enable the lots either side to be developed in the manner proposed by the applicant.  In exchange for the metre wide laneway between Taylors Lane and Longueville Road, the applicant would provide a 1.5 metre wide lot easement at grade along Taylors Lane, and a 2.0 metre wide R.O.W. easement along the western boundary to Longueville Road at a DDA compliant grade that would be lit and maintained by the proposed development.

 

Council’s OSUS department and Corporate Services Department, have worked co-operatively with the applicant to ensure the current less than desirable pedestrian link between Kara Street and Longueville Road, is upgraded in both amenity and capacity for all who use this vital link.

While this issue forms a component of the proposed development, there were no concessions asked for or granted as part of Council’s assessment process.

 

 

RECOMMENDATION

 

Part A

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred development consent to Development Application DA 182/2015 for the demolition of three residential flat buildings and the closure of a public pathway on Lot 78, DP 1055896, Lot 12 and Lot 13, DP 808119 and the public pathway between 25 and 27 Longueville Road and known as 25-27 Longueville Road, Lane Cove subject to the following:

 

1.    An agreement between the applicant and Lane Cove Council for the closure of the laneway between 25 and 27 Longueville Road, Lane Cove and the inclusion of the land within the development. 

2.    The submission to and approval by Council of a Construction Noise Management Plan.

 

3.    The submission to and approval by Council of an Acoustic Report addressing the noise impacts on the development from Epping Road and the Pacific Highway for internal noise levels and external recreational areas.

 

4.    The submission to and approval by Council of a Desk Top – Contamination Report.

 

5.    The submission to and approval by Council of an Environmental Management Plan for the construction phase that addresses – water management, sediment and erosion controls, dust management.

 

6.    The submission to and approval by Council of Traffic management details – specifically addressing the construction phase – truck movements, contractor parking, deliveries etc. Commentary is to be provided as to how waste management for the surrounding dwellings is going to be arranged during the construction phase.

 

Documentary evidence of the above information must be submitted to Council within 24 months of the granting of this deferred commencement consent.  The consent cannot commence until the above information has been submitted to Council.

 

Part B

 

Subject to A above being satisfied, a development consent and plans be issued, subject to the following conditions:

 

General Conditions

 

1.       That the development must be in accordance with the following drawings with Project No. 21415, dated 6/9/2016, prepared by Wolski.Coppin Architecture except as amended by the following conditions.

o    Lower Basement Plan, 01, Revision A, dated 6/7/2016;

o    Basement Plan, 02, Revision B;

o    Upper Basement Plan, 03, Revision B;

o    Taylors Lane Plan, 04, Revision C;

o    Longueville Road Floor Plan, 05, Revision B;

o    Level 1 Floor Plan, 06, Revision B;

o    Level 2 Floor Plan, 07, Revision B;

o    Level 3 Floor Plan, 08, Revision B;

o    Level 4 Floor Plan, 09, Revision B;

o    Site/Roof Plan, 10, Revision A, dated 6/07/2016;

o    Section AA, 11, Revision A, dated 6/07/2016;

o    Section BB, 12, Revision B;

o    Driveway Section & Public Pathway, 13, Revision A, dated 6/07/2016

o    South Elevation (Longueville Road Elevation), 14, Revision A, dated 6/07/2016;

o    West and East Elevations, 15, Revision A, dated 6/07/2016;

o    North Elevation (Taylors Lane Elevation), 16, Revision A, dated 6/07/2016;

o    Ground Floor Landscape Plan & Plant Schedule, L01B, prepared by Jane Britt Design, dated 17/06/2016;

o    Lower Ground Floor/Taylors Lane Landscape Plan, L02C, prepared by Jane Britt Design, dated 17/06/2016;

o    TPZ Plan & Locally Native Canopy Tree Landscape Plan, L03B, prepared by Jane Britt Design, dated 17/06/2016;

o    Specification & Details, L04B, prepared by Jane Britt Design, dated 17/06/2016.

 

2.       Amended plans to be submitted

 

          Amended plans and specifications incorporating the following amendments are to be submitted with the application for a Construction Certificate:

 

a)         A hard standing area with a minimum dimension of 3.5m (w) x 8.8m (l) must be provided at the rear of the site for removal and services vehicle parking purposes. 

b)         3 Motor parking spaces must be provided within the development for the use of the residents and visitors.

c)         4 Bike lockers and 4 bike rails must be provided within the development for the use of the residents and visitors.

 

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

 

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

 

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

 

The consent authority or a private accredited certifier must:-

 

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

 

6.       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 $5,000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

7.       An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

8.       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 CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $517,000.00 AT THE CURRENT RATE OF $10,000.00 PER PERSON (2016-2017).  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

          THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD 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.

 

Note:

The Section 94 Contribution is calculated in the following manner:

 

No. of bedrooms

S94 per dwelling

Required contribution ($)

19 x 1 bedroom

$10,000/person x1.2 person/dwelling = $12,000

228,000 (19x$12,000)

17 x 2 bedroom

$10,000/person x1.9 person/dwelling = $19,000

323,000

(17x$19,000)

4 x 3 bedroom

$10,000 x 2.4 person/dwelling = $24,000 = $20,000.00 (cap)

80,000

(4x$20,000)

Total

 

631,000

 

A credit with an amount of $114,000 (6x$19,000) for 6 x2 bedroom existing dwellings on the site is taken into consideration for the calculation of the Section 94 Contribution.

 

Total Section 94 Contribution payable            $517,000.00 ($631,000-$114,000).

 

9.       (35) Hours of Building Work For A MAJOR RESIDENTIAL FLAT BUILDING

 

          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  High noise generating activities, including rock breaking and saw cutting must not be carried out continuously for longer than 3 hours without a 1 hour break.

 

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.

 

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.     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.     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.     All advertising signs/structures being the subject of a separate development application.

 

13.     The provision of 154 on-site car parking spaces and 2 motor bike parking spaces for the use of the development at all times.

 

14.     A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

15.     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.

 

16.     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.

d)  The signs shall be maintained for the duration of construction works.

 

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

 

18.     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)  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.

 

19.     Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

a)  retaining walls;

b)  footings;

c)  reinforced concrete work;

d)  structural steelwork;

e)  upper level floor framings.

 

20.     All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark colour range.

 

21.     A check survey certificate is to be submitted at the completion of:-

a)  The establishment of each floor level prior to pouring concrete

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.

 

22.     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.

 

23.     The use of mechanical pick machine

 

(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.

 

24.     The proposed works must be confined within the boundaries of the site.

 

25.     The site must be cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

26.     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.     All spillage deposited on the footpaths or roadways to be removed at the completion of each day work.

 

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

 

29.     Compliance with the Waste Management Plan submitted with the development application.

 

30.     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.     Lane Cove Council charges a fee of $36 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.

 

32.     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.

 

33.     BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

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

 

35.     Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services.

 

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

 

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

 

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

 

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

 

37.     (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.

 

38.     The land of three existing lots and the laneway between 25 and 27 Longueville Road, Lane Cove must be consolidated and evidence of consolidation from NSW Land and Property Information must be submitted with Council prior to the issuing of the Construction Certificate. 

 

39.     The 2.0m wide public walkway along the western boundary of the site must be constructed at the expense of the developer and the land must be included in an easement for public access prior to the issuing of the Construction Certificate. 

 

40.     The 1.5m wide footpath along the property frontage to Taylors Lane connecting the public walkway at the western boundary of the site must be constructed at the expense of the developer and the land must be included in an easement for public access prior to the issuing of the Construction Certificate. 

 

41.     The public walkway including lighting and road surface within the property boundary must be maintained in a good condition satisfactory to Council requirements at the expense of the land owner of the development site.

 

General Engineering Conditions

 

42.     (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.

 

43.     (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. 

 

44.     (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 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.

 

45.     (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.

 

46.     (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.

 

47.     (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.

 

48.     (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’.

 

49.     (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.

 

50.     (A9) Services: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

51.     (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $100000 cash bond or bank guarantee. The bond is to cover the repair of damage or outstanding works 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. Lodgment of this bond is required prior to the commencement of any demolition works.

 

52.     (H3) Heavy Vehicle Duty Employee and Truck Cleanliness: The applicant shall

·      Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site.

·      Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times.

·      Place an employee within close proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site.

 

          Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.

 

53.     (H4) Truck Shaker:  A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

54.     (H5) Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

 

55.     (O3) On-Site Stormwater Detention System - Marker Plate:  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in part O Council’s DCP-Stormwater Management. An approved plate may be purchased from Council's customer service desk.

 

56.     (K2) Cast in Situ Drainage Pits: Any drainage pit within a road reserve, a Council easement, or that may be placed under Council’s control in the future, shall be constructed of cast in situ concrete and in accordance with Part O Council’s DCP- Stormwater Management.

 

57.     (O4) On-Site Stormwater Detention Tank: All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

58.     (X1) 88B Instrument: An instrument under 88B of the conveyancing Act 1919 plus two copies is to be submitted to Council prior to the release of subdivision certificate. The 88B instrument shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.

 

          Where Council, inter-allotment drainage lines or services are located within the development, drainage easements and easements for services shall be created in accordance with Council’s minimum widths as set out in Council’s DCP-Stormwater Management.

 

          Part 2 of the 88B instrument shall contain a provision that any easements, rights of way, covenants shall not be extinguished or altered without the written consent of Council.

 

59.     (X2) Linen Plan of Subdivision: A Linen Plan of Subdivision plus 5 copies are to be submitted to Council prior to the release of subdivision certificate.

 

          The linen plan of subdivision shall be suitable for endorsement by the general manager pursuant to Section 327 of the local government act and shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.

 

60.     (S1) Stormwater Requirement: The following details need to be added to the amended stormwater design plans:

 

·                The design needs to incorporate an adequate gross pollutant trap.

 

          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

 

61.     (D2) Drainage Plans Amendments: The stormwater drainage plan numbered 214-1339 Rev C sheets 1-9 prepared by Green Arrow Engineers dated September 2015 is 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.

 

62.     (O1) Positive Covenant Bond: The applicant shall lodge with Council a $2000.00 cash bond to cover the registration of the required positive covenants. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

63.     (T1) Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

 

64.     (D2) Geotechnical Report: A geotechnical report is to be completed for the excavation and ground water impacts associated with this development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

 

65.     (D3) Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction.

         

          The Geotechnical Monitoring Program for the construction works must be in accordance with the recommendations of the Geotechnical Report and is to include:-

·      Recommended hold points to allow for inspection by a suitably qualified  engineer during the following construction procedures;

·      Excavation of the site (face of excavation, base, etc)

·      Installation and construction of temporary and permanent shoring/ retaining walls.

·      Foundation bearing conditions and footing construction.

·      Installation of sub-soil drainage.

·      Location, type and regularity of further geotechnical investigations and testing.

 

          Excavation and construction works must be undertaken in accordance with the Geotechnical and Monitoring Program.

 

66.     (D4) Construction Methodology Report: There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate. The details must include a geotechnical report to determine the design parameters appropriate to the specific development and site.

 

          The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

          The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

 

67.     (D5) Dilapidation Report The applicant is to provide a dilapidation report of all adjoining properties and any of Councils infrastructure located within the zone of influence of the proposed excavation.

          Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate.

 

          A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an Occupation Certificate.

 

68.     (H1) Road Dilapidation Survey: The applicant shall prepare a dilapidation survey and a dilapidation report detailing the existing state of repair / condition of the road surfaces along Epping Road and adjacent the site. The survey and report need to be submitted to the Council prior to the issue of the first Construction Certificate.  Following completion of construction of the development and prior to the issue of the first Occupation Certificate, the applicant is to prepare a second dilapidation survey and a dilapidation report that includes details of all changes and damage caused to the surface of the said public roads as a consequence truck movements associated with the construction of the development. The Council may apply funds realised from the security referred to in applicable condition to meet the cost of making good any damage caused to the surface of the said public road as a consequence truck movements associated with the construction of the development to which the consent relates. The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers.

 

69.     (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.  

 

70.     (V1) 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

 

71.     (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 basement shall be determined by Council if required.

 

72.     (A11) Work Zone: A Traffic Construction Management Plan and an application for a Work Zone adjacent the development shall be submitted to Lane Cove Council for determination, prior to the commencement of the demolition and prior to any works that require construction vehicle and machinery  movements to and from the site. If the development has access to a State Road, the Construction Management Plan and Work Zone need to be referred to RMS for approval. The approval of the Traffic Construction Management Plan and application for a Work Zone by Council’s Traffic Section must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.  

 

73.     (K1) Council Construction Requirements: The applicant shall construct / reconstruct the following:

1.   New footpath adjacent the entire frontage of Taylors Lane to Council’s satisfaction

2.   New Kerb and Gutter along the entire frontage of Taylors Lane to Council’s satisfaction

3.   Construct the proposed pedestrian access along the western boundary

4.   Reinstate all adjustments to the road surfaces to Council’s satisfaction

5.   Reinstate all existing nature-strips with turf and soil to Council’s satisfaction

 

          A $20,000 cash bond or bank guarantee shall be lodged with Council to cover the satisfactory construction of the above requirements. Lodgement of this bond is required prior to the issue of the Construction Certificate. The Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the Occupation Certificate. All costs associated with the construction of the above works are to be borne by the applicant.

 

74.     (K4) Council Inspection Requirements: The following items shall require Council inspections.

·      All new footpaths on Council Property

·      New kerb and gutter on Council Property

·      All asphalt adjustments to the roadway

·      All the approved stormwater drainage works on Council property

 

          Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with Council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / setout requirements.

          An Inspection fee of $580.00 is to be paid prior to the issue of the Construction Certificate.   

 

75.     (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

 

76.     (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 ‘The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be Complied with Prior to Occupation Certificate

77.     (M1) Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, part O Council’s DCP-Stormwater Management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:-

a)  Be signed by a registered surveyor; and

b)  Clearly show the surveyor’s name and the date of signature.

 

          All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.

 

78.     (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.

 

79.     (D6) Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out in accordance with the relevant Australian Standards and Codes of Practice.

 

          The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.

 

80.     (O2) Positive Covenants OSD and Pump Out System:  Documents giving effect to the creation of a positive covenants over the on-site detention system and over the basement pump out system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wordings of the terms of the positive covenants shall be in accordance with part O Council’s DCP-Stormwater Management.

 

Traffic Management Conditions

 

81.     The proposed footpath in Taylors Lane should ensure DDA compliance and adequate street lighting in accordance with relevant Australian Standards.

 

82.     The proposed pedestrian path between Longueville Road and Taylors Lane must be designed to ensure DDA compliance and adequate lighting in accordance with relevant Australian Standards.  All light poles should be clear of footpath and should not impede pedestrian movements along the site boundary.

 

83.     The proposed car park design shall comply with AS 2890.1-2004. This includes all parking spaces, ramps, aisles, disability 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.

 

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

 

85.     All accessible car spaces in the public car park are to be adequately signposted and line marked, and should be designed in accordance with AS2890.6: 2009 including the adjacent shared space and the height clearance.

 

86.     The waste collection area is to be clearly signposted and line marked, and should be designed in accordance with AS2890.2: 2002.

 

87.     Along the side boundary, the northern side of Taylors Lane to be signposted as ‘No Stopping’ as there is no residential access.  The southern side of Taylors Lane is to be signposted as ‘No Parking’ to facilitate pick up and drop off for residents and visitors on the expensive of the development.

 

88.     The minimum footpath width for all footpaths in the area is 1.5m and this should be clear of any obstructions including tree branches.

 

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

 

90.     Resident bicycle parking in the basement car park should be as close to the car park entrance as possible for convenience and safety. Secure bike lockers or a bike cage should be provided for residents’ bikes.

 

91.     The bicycle facilities are to be clearly labeled, and advisory/directional signage is to be provided at appropriate locations.

 

92.     Construction Traffic Management Plan is to be submitted to Council for approval before commencement of any demolition and construction activities.

 

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

 

94.     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. 

 

95.     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.

 

96.     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 work. 

 

97.     Loading or unloading of any vehicle or trailer carrying material associated with the development must not take place on the public road unless within a Works Zone. The proposed Works Zone along Taylors Lane must be approved by the Council and have a minimum length of 20 metres (to accommodate large trucks). Works Zone signs are only to be erected by Council staff. The Works Zone application is to be submitted to and approved by Council prior to the earlier of the following two situations occurring; either (a) issue of any Construction Certificate or (b) any work commencing, in the case where work is to occur on a Public Road during demolition.

 

          At least 14 days notice will be required for processing the Works Zone application. All vehicle unloading/loading activities on a public roadway/footway are to be undertaken within the approved Works Zone.

 

Traffic Advisory Note

 

1.       Whilst any residential permit parking scheme currently does not exist in the area, the development will not be eligible for any residential parking permits including visitor permits in the future if a new scheme operates in the area. – This is not a condition, it is a comment.

 

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

 

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

 

4.       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.

 

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

 

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

 

7.       Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of the Construction Traffic Management Plan. 

 

RMS Conditions

 

98.     Roads and Maritime has previously dedicated a strip of land as road along the Longueville Road frontage of the subject property, as shown by grey colour on the attached Aerial – “X”.

 

          Roads and Maritime has previously dedicated a strip of land as road (Taylors Lane), as shown by grey colour in the attached Aerial —"X".

 

          All building and structures together with any improvements integral to the future use of the site are wholly within the freehold property (unlimited in height or depth), along Longueville Road boundary. Additional access across the Longueville Road boundary is denied.

 

99.     It is difficult to identify exact location of the base footings of the proposed building from the submitted drawings compare to the tunnel's surface, but the location of this development appears to be above the Lane Cove Tunnel stratum and on top/ adjacent to the tunnel collapse zone that occurred during construction. Attached are various drawings that will need to be considered during the design stage.

 

100.   Given the proximity of the development and basement excavation and the nature of the material/fill (concrete), Lane Cove Tunnel Authority would request extensive geotechnical assessment, detailed design review workshops and associated risk assessment sessions, and briefing by the developer.

 

          Ongoing ground and tunnel monitoring pre, during and post construction works would be requested by Lane Cove Tunnel Authority to be undertaken by the developer to satisfy all parties regarding ground and tunnel stability.

 

101.   The developer is to submit design drawings and documents relating to the excavation of the site and support structures to Roads and Maritime for assessment, in accordance with Technical Direction GTD2012/001.

 

          The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by Roads and Maritime.

 

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124.

Telephone 8849 2114

Fax 8849 2766

 

          If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) day notice of the intention to excavate below the base of the footings.

 

          The notice is to include complete details of the work.

 

102.   A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Roads and Maritime through Council for approval prior to start any demolition and construction.

 

103.   A Road Occupancy Licence should be obtained from Transport Management Centre for any works that may impact on traffic flows on Longueville Road, Epping Road or Pacific Highway during construction activities.

 

104.   All vehicles are to enter and leave the site in a forward direction.

 

105.   All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Longueville Road.

 

106.   The proposed development should be designed such that road traffic noise from Longueville Road is mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102 (3) of State Environmental Planning Policy (Infrastructure) 2007.

 

107.   All construction related truck movements may be restricted during morning & afternoon peak hours.

 

Tree Assessment Conditions

 

108.   (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.

 

109.   (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.

 

110.   (354)  Bulk excavation or excavation for strip footings, service lines including storm water lines or sewer lines is NOT PERMITTED within 6m of the Silky oak tree standing in No: 31 Longueville Road adjacent to the common boundary line.

 

111.   (354) Bulk excavation or excavation for strip footings, service lines including storm water lines or sewer lines is NOT PERMITTED within 5m of all trees standing in No: 23 Longueville Road.

 

112.   (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.

 

STREET TREE BOND

 

113.   (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 $10,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) to ensure Council’s street trees that are on the public road reserve immediately adjoining the land subject to this development consent is protected during development.

 

          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 Plan

1 Page

 

AT‑2View

Neighbour Notification Plan

2 Pages

 

AT‑3View

RMS Advice

13 Pages

 

AT‑4View

SEPP 65

6 Pages