1. 25-29 Longueville Road, Lane Cove (Supplementary Report)........... 6
Record No: DA15/182-01 - 68894/16
Division: Environmental Services Division
Author(s): May Li
Amendments to Conditions Relating to the Closure of the Laneway and the Construction of the New Public Walkway
The application for a residential flat building at 25-29 Longueville Road, Lane Cove has been submitted to Lane Cove Independent Hearing and Assessment Panel (IHAP) for consideration and determination in its meeting to be held on 8 November 2016.
The Executive Manager, OSUS reviewed draft conditions 1, 39, 40, 41, 73 for the closure of the laneway between 25 and 27 Longueville Road, Lane Cove and recommended the following amendments to provide greater clarity and certainty to the applicant as to Council’s expectation and requirements.
Phase 1 Contamination Assessment Report
Subsequent to the preparation of the final report Council’s Environmental Health Manager has reviewed the Phase 1 Contamination Assessment required by draft Condition 4 of Part A and advised that the report has addressed the concerns relating to potential soil contamination and has recommended that Condition 4 of Part A be deleted.
The Panel is therefore asked to consider Council’s recommended amendments to the draft conditions. The amended conditions include Condition 1 and 4 (which is to be deleted) in Part A and Conditions 39, 40, 41, 73, and 74 in Part B.
The details of the amendments to conditions are below:
1. Execution of a formal agreement between the applicant and Lane Cove Council dealing inter alia with the closure of the laneway located between 25 and 27 Longueville Road, Lane Cove (Road Lot); the transfer of ownership of the Road Lot to the Applicant for the purpose of consolidation with the land subject of the development and transfer to Lane Cove Council of an easement for public access (Agreement).
39. The 2.0m wide public walkway along the western boundary of the site (Walkway) must be constructed at the expense of the developer and to the Council’s standards and specifications and satisfaction and the site of the Walkway must be registered as an easement for public access prior to the issuing of the Construction Certificate in accordance with the terms of the Agreement (Part A Condition 1).
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 to Council’s standards and specifications and satisfaction and the land must be registered as an easement for public access prior to the issuing of the Construction Certificate in accordance with the terms of the Agreement (Part A Condition 1).
41. The Walkway including inter alia all required lighting and road surface and associated structural support within the property boundary must be maintained in a good condition and satisfactory to Council’s requirements at the ongoing expense of the land owner of the development site and where such obligation is evidenced on the title to the development site to the Council’s reasonable satisfaction.
In addition to the above, I have also identified the following conditions of consent which should be amended.
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 to Council’s satisfaction.
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
· All pedestrian access ways located within the 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.
That the recommended amendments be accepted and conditions in the recommendation of the report be amended accordingly as set out in the Draft Conditions of Consent attached to this report as AT-1.
Environmental Services Division
Draft Conditions of Consent