Independent Hearing and Assessment Panel Meeting
6 June 2017, 5:00pm
Notice of Meeting
Dear Panel Members,
Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove on Tuesday 6 June 2017 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.
The Independent Hearing and Assessment Panel (IHAP) meeting is chaired by The Hon David Lloyd QC. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Independent Hearing & Assessment Panel Charter and any guidelines issued by the General Manager.
The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.
Members of the public may address the Panel for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons wishing to address the Panel must register prior to the meeting by contacting Council’s Office Manager – Environmental Services on 9911 3611. Speakers must address the Chair and speakers and Panel Members will not enter into general debate or ask questions during this forum. Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.
Following the conclusion of the public forum the Panel will convene in closed session to conduct deliberations and make decisions. The Panel will announce each decision separately after deliberations on that item have concluded. Furthermore the Panel may close part of a meeting to the public in order to protect commercial information of a confidential nature.
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NOTICE OF WEBCASTING OF MEETING
Members of the public may address the Panel to make a submission.
CONFIRMATION OF MINUTES
1. INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 2 MAY 2017
Officer Reports for Determination
2. 2-20 Rosenthal Avenue, Lane Cove
Record No: DA17/47-01 - 29636/17
Division: Environmental Services Division
Author(s): May Li
Property: 2-20 Rosenthal Avenue, Lane Cove including land currently used for part Rosenthal Avenue and part Birdwood Lane.
DA No: DA 47/2017
Date Lodged: 24 April 2017
Cost of Work: $4,996,436.66
Owner: Lane Cove Council
Applicant: ADCO Constructions
c/o Urbis Pty Ltd
DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION
Early works program consisting of
- Demolition of all existing structures
- Removal of all trees
- Site preparation including excavation and construction of retaining walls
B2 – Local Centre (part Rosenthal Avenue and part Birdwood Lane)
B4 – Mixed Use (the existing car park)
IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?
IS THE PROPERTY A HERITAGE ITEM?
No. The site is not listed as a heritage item in Lane Cove Local Environmental Plan 2009. However, the substation building was previous listed in Ausgrid’s Section 170 heritage register as having local significance. The substation has been delisted from Ausgrid’s heritage register.
IS THE PROPERTY WITHIN A CONSERVATION AREA?
IS THE PROPERTY ADJACENT TO BUSHLAND?
STOP THE CLOCK USED
Yes – 2 days
The development proposal was notified in accordance with Council’s Notification Policy between 2 May 2017 and 16 May 2017.
REASON FOR REFERRAL
The development application has been referred to Lane Cove Independent Hearing and Assessment Panel (IHAP) for determination given that Lane Cove Council is the owner of the land and the cost of works exceeds $100,000.
This development application seeks a staged consent for the demolition of the existing Council car park at 2-20 Rosenthal Avenue, Lane Cove.
Prior to the lodgment of this development application, on 28 April 2016 a Stage 1 concept Development Consent DA 198/2015 was granted approval by Sydney East Joint Regional Planning Panel (JRPP). The concept approval specified a building envelope, maximum gross floor area, and car parking spaces for the development. No physical building works were included in the Stage 1 concept development consent.
This proposed early works application is the next stage to the stage 1 concept approval DA 198/2015 for the redevelopment of the existing public car park owned by Lane Cove Council.
It is anticipated that the overall development will occur in the following stages:
· Demolition of all existing structures and removal of all existing trees
· The construction of four levels of basement car park comprising approximately 500 car spaces
· The construction of retails premises above the car parking levels
· The construction of roof top public open spaces and small scale retail tenancies above the retail premises.
The development application for the early works was lodged as a staged development application in accordance with 83B (1) of Environmental Planning and Assessment Act 1979 which states that an application may subsequently set out detailed proposal for subsequent stages of development.
The current early works application is for demolition of all existing structures, removal of all trees, excavation and construction of retaining walls on the site which is consistent with the approved Stage 1 concept plans within DA 198/2015.
The proposed works are permissible within the zones of the site in accordance with Lane Cove Local Environmental Plan 2009.
The proposal has been reviewed and endorsed by Council’s Development Engineer, Manager Environmental Health, Traffic Engineer, and the Tree Assessment officer.
Two submissions have been received in response to the notification of the development proposal. The submissions raised concerns in relation to a possibility of a “keep clear” sign on Birdwood Avenue in front of 71 Longueville Avenue and additional information whether the toilet block would be demolished, diversions of services and impact upon the business community, traffic management and waste disposal. The matters raised are addressed in this report.
The application is recommended for approval subject to draft conditions.
The subject site is known as 2-20 Rosenthal Avenue, Lane Cove and located at the eastern side of Rosenthal Avenue, Lane Cove between Birdwood Avenue to the north and Burns Bay Road to the south in Lane Cove town centre.
The site is currently used as a public car park comprising 176 car spaces. Existing structures on the site include an Ausgrid substation, a public amenities block and minor associated structures are located at the eastern boundary of the site adjacent to Birdwood Lane.
The Surrounding developments comprise a combination of commercial premises and dwellings including:
To the east: 2-3 storey commercial premises with some shop top housing located along the western side of Longueville Road with rear access from Birdwood Lane. There are a number of arcades which gain access from Birdwood Lane.
To the west: Residential flat buildings in Finlayson Street, a church and a dentist clinic towards the western side of Rosenthal Avenue.
To the north: Commercial premises located at the northern side of Birdwood Avenue including Lane Cove Club and recently constructed residential flat buildings.
To the south: Two storey commercial premises located towards the northern side of Lane Cove Plaza with rear access to Rosenthal Lane. There exist two pedestrian access ways, one open and one an arcade which have access to Birdwood Lane.
Site Plan and Notification Plan attached (AT1 and AT2).
The proposed early works form part of the redevelopment of the Rosenthal Car Park site and are as follows:
· Demolition of the existing at grade car park and all existing structures
· Removal of all trees
· Site preparation works and construction of retaining walls.
On 28 April 2016 a Stage 1 concept Development Consent DA 198/2015 was granted approval by Sydney East Joint Regional Planning Panel (JRPP) on the site under Section 83B of the Environmental Planning and Assessment Act 1979.
The concept plan approval included land use, built form, maximum building height, maximum FSR, vehicular entry and exit points and a number of car parking spaces for a mixed use development on the site as follows.
Approved by Stage 1 concept DA 198/2015
Maximum height of the building (AHD)
Car parking spaces
No physical building works were included in the Stage 1 approved development consent. Refer to Attachment 3 for the approved staged concept plans (AT3).
Refer to Attachment 4 (AT4) for the Stage 1 assessment report of the concept proposal and Attachment 5 (AT5) the JRPP determination.
The proposed works are consistent with the Stage 1 concept approval of DA 198/2015.
Lane Cove LOCAL Environmental Plan 2009 (Section 79c(1)(a))
The site is zoned part B4 – Mixed use (the land within the existing car park site, 6556m2) and part B2 – Local Centre (the land proposed for part Rosenthal Avenue and part Birdwood Lane road enclosure, 475m2). The total site area is 7,031m².
The Land Use Table in the Lane Cove LEP states that the permitted uses with consent within B2 and B4 zones include car parks, commercial premises and community facilities.
The proposed works form part of the redevelopment of the Rosenthal Car Park, commercial premises and community facilities permissible within both B2 and B4 zones in accordance with Lane Cove LEP 2009.
The objectives of B2 zone are:
· To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
· To encourage employment opportunities in accessible locations.
· To maximise public transport patronage and encourage walking and cycling.
· To ensure that this centre functions as a Town Centre in the hierarchy of Inner North Sub-region retailing.
· To permit development for the purposes of offices, community and other facilities.
· To encourage urban design maximising attractive public domain and adequate circulation space throughout the Lane Cove town centre for current and future users.
· To ensure that landscaping is a significant element in public and private development viewed from the public domain.
The objectives of B4 zone area:
· To provide a mixture of compatible land uses.
· To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
· To encourage urban design maximising attractive public domain and adequate circulation space for current and future users.
· To maximise sunlight for surrounding properties and the public domain.
The redevelopment of the Rosenthal Car Park seeks to provide additional retail space and provide community facilities within Lane Cove town centre. The proposal is permissible and meets the zoning objectives of the site.
Preservation of trees or vegetation
Clause 5.9 Preservation of trees or vegetation of the Lane Cove LEP 2009 states:
(1) The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.
(2) This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.
A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
(3) A person must not ringbark, cut down, top, lop, remove, injure or willfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:
(a) development consent, or
(b) a permit granted by the Council.
The proposal involves the removal of all existing trees and vegetation on the site. The applicant has submitted an arboricultural Impact Assessment report along with the development application.
Council’s tree assessment officer has assessed the proposal and raised no objection to the removal of all trees on site.
Clause 5.10 (5) Heritage Assessment the Lane Cove LEP 2009 states:
The consent authority may, before granting consent to any development:
(a) on land on which a heritage item is located, or
(b) on land that is within a heritage conservation area, or
(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
The subject site is not listed as a heritage item in accordance with Lane Cove LEP 2009. However, it is located in a vicinity of a heritage item - St Andrews Anglican Church which is located towards the south-eastern corner of Finlayson Street and Rosenthal Avenue.
The substation on the site
The site is not listed as a heritage item in accordance with Lane Cove LEP 2009. However, the existing substation located within the site was previously listed on Ausgrid’s Section 170 heritage register. The applicant has provided correspondence from Ausgrid stating that the substation has now been delisted from their heritage register.
Both NSW Heritage Council and Ausgrid requested Lane Cove Council to consider listing of the substation as a heritage item in Lane Cove LEP 2009.
Council Strategic Planner considered this matter and advised that Council did not consider it appropriate to list the Electricity Substation in its LEP Schedule 5 for the following reasons:
· It was not considered as an item of heritage significance in Council’s study at the time of the Draft LEP, and
· The owner (Ausgrid) has given its consent to de-list the property from its own Heritage Register “due to property divestment”.
Notwithstanding the above, the views of Ausgrid and NSW Heritage have been considered and it is recommended that a photographic record of the electricity substation be undertaken and provided to Lane Cove Library which would be available to general public.
More broadly, it is noted that the site has been part of the Lane Cove CBD for many years and the site should also be the subject of a photographic record marking a significant landmark and change in the fabric of the village’s built form. (Refer draft condition 2).
St Andrew’s Anglican Church Hall
The heritage item I198 is located towards the western side of Rosenthal Avenue and part of 8 Finlayson Street in the vicinity of the development site. It is considered that the proposed works would not create any adverse impact on the heritage significance of the item.
Clause 6.1A Earthworks of the Lane Cove LEP 2009 states as the follows:
(1) The objectives of this clause are as follows:
(a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b) to allow earthworks of a minor nature without requiring separate development consent.
(2) Development consent is required for earthworks unless:
(a) the work is exempt development under this Plan or another applicable environmental planning instrument, or
(b) the work is ancillary to other development for which development consent has been given.
(3) Before granting development consent for earthworks, the consent authority must consider the following matters:
(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b) the effect of the proposed development on the likely future use or redevelopment of the land,
(c) the quality of the fill or the soil to be excavated, or both,
(d) the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e) the source of any fill material and the destination of any excavated material,
(f) the likelihood of disturbing relics,
(g) the proximity to and potential for adverse impacts on any watercourse, drinking water catchment or environmentally sensitive area.
The provisions of Clause 6.1A of the Lane Cove LEP 2009 has been taken into consideration along with the applicant’s statement of environmental effects, during the assessment process.
· Council’s Development Engineer has reviewed the proposed stormwater management plan and provided draft conditions to ensure the development is carried out in accordance with Part O, Stormwater Management of Lane Cove Development Control Plan.
· Council’s Environmental Health Officer has reviewed all relevant information provided by the applicant and has endorsed the construction noise management plan and remediation action plan submitted with the development application subject to draft conditions to minimize adverse impacts associated with the excavation and construction works, particularly relating to dust control, erosion and sedimentation control, water management, litter control and noise management.
· Council’s Traffic Engineer has reviewed the Construction Traffic Management Plan and has called for additional information and amendments given the central location and potential to disrupt traffic managements. Given that the efficient management of traffic to and from the site, draft conditions relating to the traffic management during the construction process have been included.
The proposal meets the relevant provisions of Lane Cove LEP 2009.
Manager Urban Design and Assets
Council Development Engineer has assessed the plans prepared by Scott Carver numbered pages AR-DA01 – AR-DA301 Rev 2 and dated April 2017 and provided the following advice:
A new stormwater concept plan provided with this application has been conditioned to be amended to ensure compliance with Part O, Council’s DCP stormwater management. The site is affected by an existing Council stormwater pipeline. This pipe will require decommissioning prior to the commencement of excavation within the zone of influence. Prior to decommissioning of the pipeline the new pipeline needs to be completed which has been conditioned.
The proposed bulk earthworks have been conditioned in the interest of all adjoining structures.
The application is recommended for approval subject to the recommended draft conditions.
The engineer’s recommended conditions are supported and have been included in the draft conditions (Conditions 37-63).
Tree Assessment Officer
The Tree Assessment Officer has endorsed the Arboricultural Impact Assessment submitted with the application and raised no objections to the removal of all trees of the site for the redevelopment of the site.
Planting of new trees on the site would be included in the landscape plan in a subsequent stage of development for the construction of this mixed use development.
No tree protection conditions are required for the current proposal.
Manager Environmental Health
The Environmental Health Manager has assessed the proposal and endorsed the Construction Noise Management Plan and Remediation Action Plan submitted with the development application. Noise attenuation and dust suppression would form part of the construction management plan.
Draft Conditions has been recommended to minimize adverse impacts associated with the excavation and construction works, particularly in relation to dust control, erosion and sedimentation control, water management, litter control and noise management (Refer draft conditions 25-36).
The Traffic Manager has reviewed a preliminary Construction, Pedestrian and Traffic Management Plan (CTMP) dated 22/5/2017 prepared by GTA Consultants and advised that the CTMP needs to be refined and additional information provided to satisfy Council’s requirements. The final CTMP to be submitted and approved prior to the issue of a Construction Certificate. It will address traffic movement and parking, machinery movement to and from the site and how vehicles would be able to enter and exist in a forward direction. (Refer Draft conditions 64-65).
The applicant has indicated that Hoarding structures and concrete road barriers would be installed along the perimeter of the site. The applicant has indicated that they propose “to retain approximately half of the existing car spaces within the existing car park” during the initial stage of demolition. The trees located on this portion of the car park would be retained till the excavation is to occur. Excavation would occur in stages to allow for parking of some construction vehicles on site.
NSW Roads and Maritime Services (RMS)
RMS previously provided comments in relation to the concept plan application. The comments listed a range of issues for Council’s consideration of the development. One of the issues raised related to the car parking availability in Lane Cove town centre during the construction of the development.
The application indicates that the proposed excavation and site preparation works would be undertaken in stages. It is anticipated that approximately half of the car spaces would remain and would be available at the northern end of the site for the first 4 months of the construction.
Council (as owner) has sought to minimise the impact of the reduction of 176 car parking spaces in the town centre by a number of measures aimed at increasing efficiently in existing car parks, opening new car parking (Little Street Car Park) facilities and monitoring demand.
Whilst no car parking would be available on-site for approximately 12 months until the podium is completed, the timing of the project is such that alternative car parking has already been provided within Little Street Car Park, parking in front of Council chambers and spare capacity in Market Square. Collectively, it is anticipated that the net impact would remain similar as the total CBD parking numbers in 2016.
Council Traffic Manager’s comment:
The following chart demonstrates capacity in village car parks over time:-
Given the Little Street car park is currently operating around 40-50% capacity, it would be able to accommodate more cars during the construction of Rosenthal Car Park. Overall parking capacity will therefore be at pre Little Street car park redevelopment levels during the construction.
Other Planning Instruments
SEPP 55 Remediation of Land
Preliminary Contamination Report and Remediation Action Plan was submitted with the development application.
Council’s Manager of Environmental Health Manager has reviewed the reports and endorsed the recommendations to ensure the site would be suitable for the proposed development.
The Environmental Planning and Assessment Regulation 2000 indicates that the standards for demolition and removal of materials should meet with AS 2601-2001 and therefore any consent would require the application of a relevant condition seeking compliance with the Standard. Refer to draft conditions 25-36.
Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))
The preceding policy assessment table identifies those controls that the proposal does not comply with.
RESPONSE TO NOTIFICATION (Section 79C(1)(d))
The development proposal was notified in accordance with Council’s Notification Policy between 2 May 2017 and 16 May 2017. Two submissions were received in response to the notification of the development proposal. The issues raised in the submission can be summarised as follows.
· Keep Clear Line Marking
A submission on behalf of the owner of 71 Longueville Road, Lane Cove (corner of Birdwood Avenue and Longueville Road) states that their car park entry at Birdwood Avenue is regularly blocked by vehicles. They request that Council install “Keep Clear” signage in front of their car park entry on Birdwood Avenue to ensure vehicles on Rosenthal Avenue to Longueville Road do not block this entry.
The concerns raised do not specifically relate to this application but may be considered as part of the overall traffic management of Lane Cove town centre. The submission has been forwarded to Council’s traffic management team for consideration and response.
A second submission states that they have no objection to the application for early works. However, requested for additional detail of the proposed works, including:-
1. There is no mention of demolition of the toilet block, only of the substation.
The proposal involves demolition of all existing structures including the toilet block on the site.
2. There is no mention of diversion/removal of services either on the site or that will be impacted by the works and if this work will impact any local businesses or residents.
The demolition and excavation of the site is not anticipated to impact on services or infrastructure external to the site. The Environmental Impact Assessment has not identified any other infrastructure other than the electric substation and the public toilet. These facilities would be decommissioned and removed in accordance with the relevant regulations and safety procedures. Should there be any unknown utility located as part of the demolition and excavation, standard safety and work procedures would ensure continued public safety and convenience. Standard draft conditions have been included.
There is an existing Council stormwater pipeline on the site. This pipe would require decommissioning prior to the commencement of excavation within the zone of influence. The public car park would be temporary closed during the redevelopment process which would impact parking movements within the town centre, however, total capacity of on street and off street parking remains similar to 2016 levels.
3. There is no traffic management plan for truck movements taking spoil away from the site or of concrete trucks necessary for the construction of the retaining walls.
Council’s traffic engineer has reviewed a preliminary Construction Traffic Management Plan submitted by the applicant and requires a final Construction Traffic Management Plan to be prepared and endorsed by Council prior to works commencing as a condition of consent.
4. No information on the waste disposal was provided.
Waste disposal would be in accordance with State regulations for the safe collection, transport and disposal of all on site materials. The waste disposal including the removal of asbestos material has been addressed by draft conditions of consent and the submitted Remediation Action Plan.
Both submissions have not raised any objection to the proposed development. The concerns relating to the traffic management on Birdwood Avenue is a separate traffic management issue in Lane Cove and would be considered by Council’s Traffic Team.
All concerns raised by the submissions have been taken into consideration during the assessment.
The application has been lodged as a staged development under Section 83B of the Environmental Planning and Assessment Act 1979.
The objective of this Early Works application is to gain separate consent for the demolition, excavation and site preparation works prior to the approval of the subsequent Main Works for the redevelopment of the Rosenthal Car Park. Appropriate draft conditions have been included to address concerns raised.
The proposal is consistent with the Concept Plan approval DA 198/2015 which was granted consent by JRPP on 28 April 2016.
The proposal meets the zoning objectives the Lane Cove LEP 2009.
The proposed development would form part of the Rosenthal Car Park redevelopment and would have a positive contribution to the Lane Cove Town Centre. Once complete, it would provide additional public car parking and open spaces for the Lane Cove community.
The staged development in its current form is considered acceptable and the application is recommended for approval subject to draft conditions.
That pursuant to Section 83B of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application DA 47/2017 for the demolition of all existing structures, removal of all trees and site preparation works including excavation and construction of retaining walls on the following lots:
· Lots 28-34 and 37 in DP 10155,
· Lot 35 in DP 1109939,
· Lot 2 in DP 870938,
· Lot 1 in DP 182149,
· Lot 1, in DP 80938, and
· Land on Birdwood Lane
and known as 2-20 Rosenthal Avenue, Lane Cove, subject to the following conditions:
1. (20) That the development be strictly in accordance with the following drawings dated 05.04.2017, prepared by Scott Carver except as amended by the following conditions.
· Site Plan, DA 02, Issue A, dated 2015-11-23;
· Allotment & Contour Plan, DA 03, issue, dated 2015-11-23;
· Basement Carpark Level B3 Plan, AR-DA097, Rev 2;
· Basement Carpark Level B2 Plan, AR-DA098, Rev 2;
· Basement Carpark Level B1 Plan, AR-DA099, Rev 2;
· Carpark Entry & Dock Level Plan, AR-DA100, Rev 2;
· Retails Level Plan (Level 1), AR-DA101, Rev 2;
· Park Level Plan (Level 2), AR-DA102, Rev 2;
· Sections, AR-DA211, Rev 2;
· Notification Plan & Section, AR-DA301, Rev 1;
· Erosion & Sediment Control Plan, C02, Rev D, dated 15.03.17;
· Shoring Plan – sheet of 2, S0101, Rev P7, dated 12.04.17;
· Shoring Plan – Sheet 2 of 2, S0102, Rev P3, dated 12.04.17;
· Shoring Elevations sheet 1 of 2, S0111, Rev P6, dated 12.04.17;
· Shoring Elevations sheet 2 of 2, S0112, Rev P6, dated 12.04.17;
· Shoring Details, S0121, Rev P2, dated 29.03.17.
2. Two copies of a full archival recording including measured drawings and photographic survey of the interior and exterior of the site including the electricity substation, amenity block must be submitted to Council prior to the commencement of the commencement of the demolition. These details are to be retained in Council’s Local History Section.
3. The northern portion of the site shall maintain approximately 50% of car parking spaces during the initial stage of demolition. This portion of the site shall be retained as a public carpark as a phased development until excavation occurs. The trees located on this portion of the car park shall be retained until the time excavation is to occur.
4. (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.
5. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.
6. (11) The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.
7. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.
8. (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.
9. (35) Working Hours
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. (145) Critical concrete pours
The applicant may apply to undertake critical concrete pours outside of normal working hours provided all of the following requirements are satisfied:
· the submission, at least seven (7) working days prior to the critical concrete pour, to Council of an application along with the prescribed fee, in the prescribed Council form, that includes a written statement of intention to undertake a critical concrete pour and that also contains details of the critical concrete pour, the number of such pours required, their likely time duration, impact statement and how foreseeable impacts will be addressed (i.e light spill/ noise/ traffic etc);
· adjoining and nearby affected residents being notified in writing at least two (2) working days prior to the pour, and a copy of this notice to be provided to Council for review prior to issue;
· no work and deliveries to be carried out before 7.00am and after 10pm; and
· no work occurring on a Sunday or any Public Holiday.
All other relevant requirements relating to critical concrete pours that are the subject of other conditions of this development consent remain relevant at all times.
Following any critical concrete pour, the applicant must advise Council in writing no later than seven (7) working days after the completion of the pour, what measures were actually undertaken by the applicant with a view to minimising any potential adverse impacts as a result of the pour, including but not limited to impacts with respect to noise, light spillage, and the positioning of the required vehicle(s), so that all related matters can be reviewed and any potential adverse events and/or impacts addressed in future critical concrete pours.
· There is a critical concrete pour application fee
· A critical concrete pour application and prior approval is required
· No work shall be undertaken outside standard working hours without prior written approval from Council.
· Council reserves the right to refuse the application with or without reason.
11. (38) All advertising signs/structures being the subject of a separate development application.
12. (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.
13. (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.
(a) The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining and nearby 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 or nearby 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 affective 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.
15. (72) The proposed works being confined within the boundaries of the site.
16. (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.
17. (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.
18. (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.
Environmental Health Conditions
19. (401) Demolition Works and Asbestos Removal/Disposal
The demolition of any existing structure is to be carried out in accordance with Australian Standards AS 2601-1991: The Demolition of Structures. All vehicles leaving the site carrying demolition materials are to have the loads covered and are not to track any soil or waste materials into the road. Pursuant to Section 27A of the Occupational Health and Safety Act 1983 “notification to Commence Demolition Work” form is to be submitted to Workcover at least seven days prior to work commencing. All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the Workcover Authority and EPA guidelines and requirements. The asbestos must be removed by a bonded asbestos licensed operator. Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required.
20. (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.
21. (402) Dust Control
The following measures must be taken to control the emission of dust:
a) Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work
b) Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter
c) All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray. Water used for dust suppression must not be allowed to enter the street or stormwater system
d) All stockpiles of materials that are likely to generate dust must be kept damp or covered
e) Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.
22. (403) Dust During Construction
Dust suppression techniques are to be employed during works to reduce any potential nuisances to surrounding residences.
23. (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.
24. (404) Erosion and Sedimentation Controls – Major Works
Erosion and sediment control devices are to be provided. All devices are to be established prior to the commencement of engineering works and maintained for a minimum period of six months after the completion of all works. Periodic maintenance of the erosion and sedimentation control devices is to be undertaken to ensure their effectiveness.
25. (406) Stabilised Access Point
A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (blue Book)
26. (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.
27. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.
28. (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.
29. (407) Site Water Management Plan
A site water management plan is to be submitted to Council for approval. The plan is required to be site specific and be in accordance with “Managing Urban Stormwater – Soils and Construction” (the blue book) produced by the NSW Department of Housing.
30. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.
31. (434) Litter Control
A sufficient number of garbage bins must be provided on the premises for garbage disposal. Such bins shall be made of impervious material and shall have close – fitting, vermin – proof, fly – proof lids. All waste bins are to be stored in designated garbage/trade refuse areas which must be maintained in a satisfactory condition at all times and must not be stored in designated garbage/trade refuse areas which must be maintained in a satisfactory conditions at all times and must not be stored or permitted to overflow into car parking or gardens areas.
32. Acoustic Barrier/Hoarding
A temporary noise barrier is to be constructed along the entire property boundary, prior to demolition and excavation of the site commencing, so as to minimise noise impacts on the surrounding locality. Details of the method of construction for the noise barriers are to be submitted to Council prior to the issue of the Construction Certificate.
33. (447) Noise Monitoring
Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition work
34. (466) Storage of Potentially Contaminated Soils
All stockpiles of potentially contaminated soil must be stored in an environmentally acceptable manner in a secure area on the site.
35. (467) Assessment of Potentially Contaminated Soils
All stockpiles of potentially contaminated soil must be assessed in accordance with relevant NSW Environment Protection Authority guidelines, such as the publication titled Environmental Guidelines: Assessment, Classification and Management of Liquid and Non – Liquid Wastes (EPA, 1999).
36. Construction Noise Management Plan
Works are to be undertaken in accordance with the recommendations of the Construction Noise Management Plan prepared by Pacific Environment Ltd, dated 20 April 2017 (Document reference number ACO-NW-21981B.
37. Remediation Action Plan
Works are to be undertaken in accordance with the recommendations of the Remediation Action Plan prepared by DLA Environmental Services dated 21 April 2017 (Document Number DL4077_S006656).
Note: Council reserves the right to request a NSW EPA Site Auditor to be engaged to review documentation including (but not limited) the Stage 4 Validation and Site Monitoring Reports.
38. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.
General Engineering Conditions
39. (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.
40. (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.
41. (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 proposed rock anchors, 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.
42. (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.
43. (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.
44. (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.
45. (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’.
46. (A8) Council Drainage Infrastructure: The site is affected by an existing Council stormwater pipeline. This pipe line will require decommissioning prior to the commencement of any excavation within the zone of influence from the existing pipeline. Prior to decommissioning of the pipeline the new pipeline needs to be completed in accordance with the approved plans. All costs associated with the relocation of the stormwater line are to be borne by the applicant or builder not Council.
47. (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.
48. (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $300,000 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.
49. (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.
50. (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.
51. (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.
52. (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.
53. (S1) Stormwater Requirement: The following details need to be added to the amended stormwater design plans:
· The minimum pipe grade shall be 1.0% for all pipes
· Pits shall be provided at bends, changes in grades and every 30m along the pipeline.
· All stormwater lines 450mm or larger are to have a maximum allowable change in direction of 45 degrees.
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
54. (D2) Drainage Plans Amendments: The stormwater drainage plan numbered 161260 Rev C sheets C05 prepared by Green Arrow Engineers dated 2-3-17 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.
55. (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.
56. (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.
57. (D3) Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction.
The Geotechnical Monitoring Program for the construction works must be in accordance with the recommendations of the Geotechnical Report and is to include
· Recommended hold points to allow for inspection by a suitably qualified engineer during the following construction procedures;Excavation of the site (face of excavation, base, etc)
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.
58. (D4) Construction Methodology Report: There are structures on nearby 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.
59. (D5) Dilapidation Report The applicant is to provide a dilapidation report of all 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 and registered 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.
60. (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 Birdwood Avenue, Birdwood Lane and Rosenthal Avenue 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.
61. (A11) Works Zone: A Traffic Construction Management Plan and an application for a Work Zone adjacent the development shall be submitted to Lane Cove Council for approval, 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 Works 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.
62. (K4) Council Inspection Requirements: The following items shall require Council inspections.
· 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 $1500.00 is to be paid prior to the issue of the Construction Certificate.
Engineering condition to be complied with prior to commencement of construction
63. (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 erosion and sediment control plan. The devices shall be maintained during the construction period and replaced when necessary.
Engineering Condition to be complied with prior to Occupation Certificate
64. (M1) Stormwater System Engineering Certification: On completion of the drainage system on Council property, 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.
65. (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.
Traffic Management Conditions
66. A final Construction Traffic Management Plan must be prepared and resubmitted to Council for approval prior to the issue of a Construction Certificate or prior to any works that require construction vehicle and machinery movements to and from the site.
67. All traffic must be enter and exit the car park in a forward direction. Any new driveway must be constructed in accordance with AS2890.2.
Environmental Services Division
Site Location Plan
Neighbour Notification Plan
Approved Staged Concept Plans
Determination and Statement of Reasons JRPP