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Minutes

Independent Hearing and Assessment Panel Meeting

8 November 2016, 5:00pm

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Independent Hearing and Assessment Panel 8 November 2016

Minutes

 

PRESENT:                             Mr Kevin Hoffman, Chairman, Ms Lindsey Dey, Planning Expert, Mr Steve Fermio, Environmental Expert and Ms Jane Blackmore, Community Representative

 

ALSO PRESENT:                  Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Ms May Li, Senior Town Planner and Angela Panich, Panel Secretariat

 

DECLARATIONS OF INTEREST:   Nil

 

WEBCASTING OF COUNCIL MEETING

The Chairperson advised those present that the Meeting was being webcast.

 

Independent Hearing and Assessment Panel Reports

 

3 Holden Street, Northwood

 

DETERMINATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grants development consent to Development Application DA 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.  The balustrades described on the drawings to be clear transparent glass.

 

(c)    The selected metallic clad feature wall at the rear of the first floor deck shall not project above the floor level of the first floor rear deck as shown marked in red on stamped plans.

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).

 

The Panel noted and gave consideration to the supplementary information regarding the late submission from the owner of No.4 James Street.

 

 

The decision of the Panel was unanimous

 

 

25-29 Longueville Road, Lane Cove

 

DETERMINATION

 

Part A

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grants a deferred development consent to Development Application DA 182/2015 for the closure of a public pathway between 25 and 27 Longueville Road, demolition of three existing buildings and construction of a residential flat building and a new public pathway all known as 25-29 Longueville Road, Lane Cove, on Lot 78, DP 1055896, Lot 12, Lot 13, DP 808119 subject to the conditions contained in the Supplementary Report dated 3 November 2016 as amended as follows:

 

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.

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

·           Basement Plan, 02, Revision B;

·           Upper Basement Plan, 03, Revision B;

·           Taylors Lane Plan, 04, Revision C;

·           Longueville Road Floor Plan, 05, Revision B;

·           Level 1 Floor Plan, 06, Revision B;

·           Level 2 Floor Plan, 07, Revision B;

·           Level 3 Floor Plan, 08, Revision B;

·           Level 4 Floor Plan, 09, Revision B;

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

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

·           Section BB, 12, Revision B;

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

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

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

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

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

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

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

·           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.

 

(d)   The RMS conditions Nos 98 to 107 inclusive in this consent to be satisfied prior to the issue of a Construction Certificate.

 

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 x 1.2 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.

 

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;

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

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

o    Foundation bearing conditions and footing construction.

o    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.

6.  The new western side boundary fence, the pedestrian access path on the site and the landscaping adjacent to be designed and constructed 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, &

(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. Due to the narrowness of Taylors Lane, and its being the only vehicular access to many premises along the lane, the Construction Traffic Management Plan must incorporate a qualified traffic controller to be present during all construction operating hours to ensure there is no obstruction of vehicular access.

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  Aerial – “X” as detailed in the correspondence Ref SYD15/01541/01 (All266263) dated 13 January 2016.

 

            Roads and Maritime has previously dedicated a strip of land as road (Taylors Lane), as shown by grey colour in  Aerial —"X" as detailed in the correspondence Ref SYD15/01541/01 (All266263) dated 13 January 2016.

 

 

            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. Refer to drawings in RMS correspondence 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.

 

The decision of the Panel was unanimous.

 

 

 

  

CLOSE

 

The meeting closed at 7.35 pm.

 

 

 

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