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Minutes

Independent Hearing and Assessment Panel Meeting

7 March 2017, 5:00pm

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Independent Hearing and Assessment Panel 7 March 2017

Minutes

 

 

 

PRESENT:                 Hon David Lloyd, QC (Chairman), Mr Eugene Sarich, Planning Expert, Mr David Johnson, Environmental Expert and Maria Linders, Community Representative

 

ALSO PRESENT:      Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Ms Diep Hang, Senior Town Planner, Mr Stan Raymont, Town Planner, Mr Andrew Thomas, Town Planner, Mr Michael Stephens, Town Planner and Angela Panich, Panel Secretariat.

 

WEBCASTING OF COUNCIL MEETING

The Chairperson advised those present that the Meeting was being webcast.  Unfortunately due to a technical error the webcasting failed after 30 minutes.

 

Independent Hearing and Assessment Panel Reports

 

59 Osborne Road, Lane Cove

 

DETERMINATION

 

That pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, the Independent Hearing and Assessment Panel (IHAP) at it’s meeting of 7 March 2017, refuse Development Application DA150/2016 for demolition of existing structures, tree removal, and the construction of an attached dual occupancy at 59 Osborne Road, Lane Cove for the following reasons:


            Aims of Lane Cove Local Environmental Plan 2009

 

1.         The proposed development does not meet the aims of Lane Cove Local Environmental Plan    2009.

 

Particulars:

 

(a)  The proposed development would not preserve and improve the existing character, amenity and environmental quality of the land and the expectations of the community.

(b)  The proposed development does not meet the aims which are outlined in Clause 1.2(c) of the LEP 2009as it would not provide a housing mix and density that would be compatible with the existing environmental character of the locality, and does not have a sympathetic and harmonious relationship with adjoining properties.

(c)  The proposed development does not meet the aims of Clause 1.2(f) of the LEP 2009 because it will impact upon the health of existing trees. The proposed building and driveway does not ensure compatibility with the natural environmental character of the site.

 

Floor Space Ratio

 

2.         The proposed development does comply with Clause 4.4 – Floor Space Ratio (FSR) of Lane Cove Local Environmental Plan 2009.

 


Particulars:

           

(a)  The maximum permitted FSR for a dual occupancy development on the site is 0.5:1 in accordance with Clause 4.4(2) of the Lane Cove LEP 2009.

 

(b)  The proposed floor space ratio exceeds the maximum floor space ratio (FSR) for a building on the land shown on the Floor Space Ratio Map of Lane Cove Local Environmental Plan (LEP) 2009.

 

(c)  The bulk and scale of the proposed development is not compatible with the character of the locality.

 

            Exceptions to development standards

 

3.         The applicant has not lodged a written request in accordance with Clause 4.6(3) of Lane Cove LEP 2009 for the exception to the FSR standard.          

 

            Particulars:

 

(a)  Council cannot grant development consent to the proposed development because it would contravene the development standard in Clause 4.4 of LEP 2009 unless the applicant provides written request in accordance with Clause 4.6(3) of LEP 2009 that seeks to justify the contravention.

 

(b)  The proposed FSR is 0.53:1 which is greater than 0.5:1 stated in the development application.

 

(c)  The exception to the FSR development standard would not achieve any better outcomes in these particular circumstances.

 

(d)  There are insufficient environmental planning grounds to justify contravention the development standard.

 

            Lane Cove Development Control Plan (DCP)

 

4.         The proposed development does not meet the building design provisions in Part C2 of Lane Cove Development Control Plan.

 

            Particulars:

 

(a)  The proposed dual occupancy does not meet objective 1 of Clause 1.2 Streetscape of the DCP 2010 and provision (c) in that the proposal presents a symmetrical appearance when viewed from the street and is not in keeping with the predominant and emerging street and neighbourhood character.

 

(b)  The proposed dual occupancy requires excavation that fails to meet requirements outlined in Clause 1.6 Cut and fill, subclause (a), (c), (d) and (f) of DCP 2010.

 

(c)  The proposed dual occupancy exceeds the wall and sub floor height requirements as indicated in Clause 1.7 Building Design, subclause (a), (b) and (e).

 

 

 

 

            Vehicular Access

 

5.         The design of the driveway fails to meet relevant standard and the provisions of the DCP.

 

            Particulars:

 

(a)  The widths of the driveways are excessive and would impact upon the health of existing property trees and the existing street tree.

 

(b)  The proposed driveway grades are considered excessive, and do not satisfy provisions outlined within AS2890.1. The proposed egress of vehicles not in a forward direction for such a long and steep driveway is not in the best interest of public safety, and not considered to be environmentally sustainable.

 

            Tree Management

 

6.         Deleted by Panel

 

Impact upon the natural environment

 

7.         Deleted by Panel

 

Suitability of the site for the proposed development

 

8.         The proposed development is not suitable for the site.

 

            Particulars:

 

(a)  Pursuant to Section 79C(c) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered suitable for the site having regard to the above matters.

 

Public Interest

 

9.         Pursuant to Section 79C(c) of the Environmental Planning and Assessment Act 1979, the approval of the proposed dual occupancy would not be in the public interest.

 

            Particulars:

 

(a)  Pursuant to Section 79C(1)(d) and (e) of the Environmental Planning and Assessment Act 1979, the development application should not be approved having regard to concerns raised in the submissions received by Council and the above matters.

 

 

The decision of the Panel was unanimous

 

 

 

 

 

 

 

2 Zeta Road, Lane Cove

 

DETERMINATION

 

PART A

 

The Independent Hearing & Assessment Panel at its meeting of 7 March 2017, considers that the two covenants, placed by Council in relation to maximum height and landscaping in Development Application DA49/1992 for a detached Dual Occupancy and Torrens Title subdivision, should be released for the reasons discussed in the Report.

 

PART B

 

Should Council resolve to release the covenants indicated in Part A:

 

That pursuant to section 80(1)(a) of the Environmental Planning and Assessment Act 1979, the Independent Hearing & Assessment Panel grants development consent to:

·    Development Application DA 181/16

·    For the extension of the carport and deck and the construction of an additional storey

·    On 2 Zeta Road, Lane Cove

 

subject to the following conditions:

 

1.         (20) That the development be strictly in accordance with drawing numbers SK100A, SK101A, SK102A, SK201A, SK302A dated 28 November 2016; and SK200, SK300, SK301, Site Analysis and Site Plan dated 3 October 2016; except as amended by the following conditions.

 

1A.       The applicant shall provide a vegetative strip of land with screening vegetation along the western boundary and having a minimum width of 700mm.

 

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

 

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

 

4.         The maximum height of the roof of the proposed additional storey is not to exceed 9.5m above the existing ground level.

 

5.         The walls of the proposed additional storey being setback 1200mm from the front (Zeta Road) boundary.  Plans being altered to comply prior to the issue of a Construction             Certificate.

 

6.         The proposed carport gate being at least 50% see through.  Plans being altered to comply prior to the issue of a Construction Certificate.

 

7.         The area where the planter boxes are being removed being adequately retained.

 

8.         (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.

 

9.         (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.

 

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

 

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

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

12.       (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.

 

13.       (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.

 

14.       (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.

 

15.       (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.

 

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

 

17.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)      The pier holes/pads before filling with concrete.

b)      All reinforcement prior to filling with concrete.

c)      Installation of steel beams and columns prior to covering.

d)      Waterproofing of wet areas.

e)      Stormwater drainage lines prior to backfilling.

f)       Completion.

 

18.       Standard Condition (57) 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 framing.

 

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

 

20.       (63) All metal deck external walls and roofs being of a ribbed or corrugated metal profile in a mid to dark colour range with an anti glare finish.  The intent of the condition is to reduce sun reflection and glare to protect the amenity of the surrounding residents.

 

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

 

a          The roof framing; and

b          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.       (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.

 

23.       (72) The demolition works being confined within the boundaries of the site.

 

24.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s 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 along with the application.

 

28.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

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 instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

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

 

Tree Preservation Conditions

 

31.     (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.

 

32.     (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.

 

33.     (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

 

34.       (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 $5,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) to ensure Council’s Reserve 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.

 

General Engineering Conditions

 

35.     (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.

 

36.     (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. 

 

37.     (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.

 

38.     (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.

 

39.     (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.

 

40.     (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.

 

41.     (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’.

 

42.     (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.

 

 

 

Engineering conditions to be complied with prior to Construction Certificate

 

43.       (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management.

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O, Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

 

Where the existing system does not comply with Part O, Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management.

 

44.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3000 bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if    Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

45.     (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

 

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

 

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

 

 

The decision of the Panel was unanimous.

 

 

 

 

 

203 Burns Bay Road, Lane Cove

 

RECOMMENDATION

 

Part A

 

That pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel, at its meeting of 7 March 2017, refuse development consent to Development Application 205/16 for an increase in operating hours of the 7- Eleven service station and convenience store on Lot 1 DP 126742 and known as 203 Burns Bay Road, Lane Cove for the following reasons:

 

1.         The use has the potential to adversely impact upon the amenity of local residents.

 

2.         The use is contrary to the public interest because it has the potential to have an adverse impact on local residents.  

 

Part B

 

That the current operating hours of 6.00 a.m. to 12 midnight, seven days a week, are endorsed.

 

 

The decision of the Panel was unanimous.

 

 

2 Wharf Road, Longueville

 

DETERMINATION

 

That pursuant to section 81(1)(a) of the Environmental Planning and Assessment Act 1979, the Independent Hearing and Assessment Panel at its meeting of 7 March 2017, grants development consent to Development Application DA16/186 for first floor addition, internal alterations, and carport on Lot B and C in DP102379 know as 2 Wharf Road, Longueville subject to the following conditions:

 

Conditions

 

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

 

1.         (20) That the development be strictly in accordance with the following plans once revised by the requirements of PART A:

 

Drawing

Prepared by

DWG / Plan No.

Rev

Dated

Site Plan

John Cochrane Architect

DA01

A

20-09-16

Ground Floor Demolition Plan

John Cochrane Architect

DA03

A

20-09-16

Lower Ground Floor Plan

John Cochrane Architect

DA04

A

20-09-16

Ground Floor Plan

John Cochrane Architect

DA05

A

20-09-16

First Floor Plan

John Cochrane Architect

DA06

A

20-09-16

SW & NE Elevation

John Cochrane Architect

DA08

B

20-09-16

SE & NW Elevation

John Cochrane Architect

DA07

B

20-09-16

Section 1,2,3

John Cochrane Architect

DA09

A

20-09-16

 

except as amended by the following conditions.

 

1A.       Without further consent from Council, no structure is permitted within the rear setback area of the proposed dwelling other than the first floor balcony and supports.

 

1B.       The glass doors to bedroom 1, D01 and D02, shall be transluscent to a height of 1.5 metres from the bedroom floor level.

 

 

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

 

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)  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.       (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.

 

 

11.       (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.

 

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

 

13.       (51) Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or 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 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.

 

14.       (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)      The pier holes/pads before filling with concrete.

b)      All reinforcement prior to filling with concrete.

c)      The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d)      Framework including roof and floor members when completed and prior to covering.

e)      Installation of steel beams and columns prior to covering.

f)       Waterproofing of wet areas.

i)        Stormwater drainage lines prior to backfilling.

k)      Completion.

 

15.       (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

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

 

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 with an anti glare finish.  The intent of the condition is to reduce sun reflection and glare to protect the amenity of the surrounding residents.

 

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

 

a          Dampcourse level;

b          The establishment of the first floor level;

c          The roof framing; and

d          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.       (72) The demolition works being confined within the boundaries of the site.

 

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

 

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

 

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

 

24.       (130)  Compliance with the Waste Management Plan submitted along with the application.

 

25.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

26.       (141) Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

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

 

General Engineering Conditions

 

28.     (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.

 

29.     (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. 

 

30.     (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.

 

31.     (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.

 

32.     (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.

 

33.     (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.

 

34.     (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’.

 

35.     (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.

 

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

37.     (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management.

 

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O, Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

 

Where an existing element does not comply with current standards the subject element is to be replaced.

 

Where the existing system does not comply with Part O, Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management.

 

38.     (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

39.     (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3000 bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

40.     (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

 

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

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

 

 

The decision of the Panel was unanimous.

 

The meeting closed at 7.15pm.

 

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