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Agenda

Independent Hearing and Assessment Panel Meeting

1 August 2017, 5:00pm

 

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Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove on Tuesday 1 August 2017 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

IHAP Meeting Procedures

 

The Independent Hearing and Assessment Panel (IHAP) meeting is chaired by The Hon David Lloyd QC. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Independent Hearing & Assessment Panel Charter and any guidelines issued by the General Manager.

The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

Members of the public may address the Panel for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons wishing to address the Panel must register prior to the meeting by contacting Council’s Office Manager – Environmental Services on 9911 3611. Speakers must address the Chair and speakers and Panel Members will not enter into general debate or ask questions during this forum. Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.

Following the conclusion of the public forum the Panel will convene in closed session to conduct deliberations and make decisions. The Panel will announce each decision separately after deliberations on that item have concluded. Furthermore the Panel may close part of a meeting to the public in order to protect commercial information of a confidential nature.

Minutes of IHAP meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Friday following the meeting. If you have any enquiries or wish to obtain information in relation to IHAP, please contact Council’s Office Manager – Environmental Services on 9911 3611.

Please note meetings held in the Council Chambers are Webcast. Webcasting allows the community to view proceedings from a computer without the need to attend the meeting. The webcast will include vision and audio of members of the public that speak during the Public Forum. Please ensure while speaking to the Panel that you are respectful to other people and use appropriate language. Lane Cove Council accepts no liability for any defamatory or offensive remarks made during the course of these meetings.

The audio from these meetings is also recorded for the purposes of verifying the accuracy of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Independent Hearing and Assessment Panel 1 August 2017

TABLE OF CONTENTS

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

public forum

 

Members of the public may address the Panel to make a submission.

 

CONFIRMATION OF MINUTES

 

1.      INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING - 4 JULY 2017

 

Independent Hearing and Assessment Panel Reports

 

2.       15 Norfolk Rd, Longueville

 

3.       29A Epping Road, Lane Cove (Tantallon Grandstand)  

 

 

 

 

 

 


 

Independent Hearing and Assessment Panel Meeting 1 August 2017

15 Norfolk Rd, Longueville

 

 

Subject:          15 Norfolk Rd, Longueville    

Record No:    DA16/182-01 - 32985/17

Division:         Environmental Services Division

Author(s):      May Li 

 

 

 

Property:

15 Norfolk Road, Longueville

DA No:

DA 182/2016

Date Lodged:

11/10/2016

Cost of Work:

$1,500,000.00

Owner:

H Mason

Applicant:        

As above

 

Description of the proposal to appear on determination

·         Boundary adjustment between Lot 1 and Lot 2

 

·         Alteration and addition to an existing dwelling house, construction of a Coach House, a free standing carport and a swimming pool on Lot 1

 

·         Construction of a two storey dwelling house on Lot 2

 

Zone

R2 - Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

Yes, the site is listed as a heritage item in accordance with Lane Cove Local Environmental Plan 2009 (Item No. I257).

 

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 1a, 10a and 10b

Stop the Clock used

Yes – 209 days

Notification

Neighbours: 5 & 25 Cross Street, 7, 9, 11, 11A, 13, 15A 17, 17A, 17B, 19 19A and 21 Norfolk Road, Longueville

Ward Councillors                  

Progress Association: Longueville Residents Association

 

EXECUTIVE SUMMARY

 

The subject site is known as 15 Norfolk Road, Longueville and comprises two lots being Lot 1 and Lot 2, DP 618825.  It is listed as heritage item No. 1257 in accordance with Lane Cove Local Environmental Plan 2009.  There are several easements on the property including a Right of Carriageway benefits the adjoining property at 13 Norfolk Road, Longueville.

 

This development application seeks consent for

 

·         Boundary adjustment between Lot 1 and Lot 2

 

·         Alteration and addition to the existing dwelling house, construction of a free standing carport structure, a detached Coach House and an in-ground swimming pool on Lot 1

 

·         Construction of a two storey dwelling house on Lot 2.

 

The site area of each proposed lots meets the minimum lot size standard of Lane Cove LEP 2009.

 

The proposed Coach House and the carport structure are located within the influenced zones of the existing easements and the proposed works can’t be commenced until the existing influence easements are extinguished. 

 

The proposed subdivision plan and the proposed Coach House cannot be supported until the applicant can demonstrate a deed of agreement between the applicant and the owners of 13 Norfolk Road, Longueville to surrender the existing right of way.

 

The design of the coach house exceeds the building height restriction of the Terms of Restriction of the Property by 2.6m.  It also fails to meet the outbuilding design provisions of the Lane Cove Development Control Plan and would create adverse impacts to the adjoining properties relating to visual and loss of water view to Tambourine Bay. 

 

The design of the addition to the existing dwelling house is supported by Council’s heritage adviser.

 

The proposed new dwelling house on Lot 2 with nil setbacks to its southern boundary fails to meet the side setback requirements of Lane Cove DCP and would require an easement on the adjoining property at 15A Norfolk Road, Longuevile for future building maintenance.  No maintenance easement was proposed in the application.

 

Council’s Tree Assessment officer also raised objections to the proposed coach house as it would be within the tree protection zone of a mature Camphor Laurel tree on the northern boundary of the site.  This tree is considered significant as it forms part of an avenue of trees that is retainable during construction.

 

7 submissions from nearby residents have been received in response to the notification of the development proposal.  The submissions raised valid concern relating to the amenity impact from the proposed coach house to their properties. 

 

The application is recommended for deferred commencement consent subject to draft conditions.

 

SITE

 

The site is known as 15 Norfolk Road, Longueville.  The property information is listed in the table below:

 

Property

Lot No. 1 & 2, DP No. 618825

Area

Existing Lot 1: 1997m2 (1888m2 + 109m2 offset area), existing Lot 2: 745.9m2

Site location

The site is located at the western side of Norfolk Road in Longuevile.

 

Existing improvements

An existing two storey dwelling house and a timber boatshed are located on Lot 1

 

Lot 2 is currently vacant.

 

Shape

Irregular

Dimensions

Width: 4.57m to Norfolk Road (front), approximately 44m to foreshore (rear) of Lane Cove River

 

Depth: 97.25m at the northern boundary sharing with 13 Norfolk Road and 9.34m at the southern boundary sharing with 15A Norfolk Road. 

 

Adjoining properties

East: Norfolk Road then a dwelling house at 25 Cross Road, Longueville

 

West: The foreshore of Tambourine Bay

 

North: A two storey dwelling house on 13 Norfolk Road

 

South: A two storey dwelling house on 15A Norfolk Road, then a two storey dwelling house on 17B Norfolk Road, Longueville

 

 

Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PREVIOUS APPROVALS/HISTORY

 

There is no development history relating to the subject site in Council’s records.

 

PROPOSAL

 

The subject site comprises two lots being Lot 1 and Lot 2 of DP 618825.  The proposal involves boundary adjustment between two lots; alteration and addition to the existing dwelling house which is named as “Fairlie”, construction of a free standing carport structure, a detached coach house and a swimming pool on Lot 1; and the construction of a new dwelling house on Lot 2.  The proposed works are detailed as follows:

 

Proposed boundary adjustment

 

·         The site area of Lot 1 would be altered from 1997m2 (1888m2 + 109m2 offset area) to 2076.71m2 including 48.14m2 of ROW.

 

·         The site area of Lot 2 would be altered from 745.9m2 to 665.43m2.  Lot 2 would have access handles to the foreshore of Tambourine Bay and Norfolk Road. 

 

The proposed works on Lot 1

 

·         Alterations and additions to the existing dwelling house “Fairlie” including:

Construction of a single storey addition to the north of the existing dwelling house including entry, retreat, laundry and a bathroom

-      Extension to the conservatory at the southern side of the existing dwelling house on the Ground Level

-      Alteration to the floor plan on the First Floor Level.

 

·         Construction of a free standing carport structure with basement storage to the east of the existing dwelling house “Fairlie” including:

 

-      Basement storage, wine cellar and plant room

-      A carport for 3 cars

-      Two sets of stairs

-      The footprint of the proposed carport structure is located within the zones of influence of two easements (B – Easement for electricity purposes 1 wide and C Easement for Services over existing line of pipes (approx. position)).

 

·         Construction of a detached Coach House including:

 

-      A double garage on the Ground Level

-      A studio with a bathroom on the First Floor Level

-      The footprint of the proposed coach house is located within a Right of Carriageway (A – Right of Carriageway 3.66 wide).

 

·         Construction of a swimming pool to the north of the existing dwelling house at the rear of the site.  The size of the proposed swimming pool is 2.5m x 7m.

 

Proposed works on Lot 2

 

·         Construction of a new dwelling house including:

 

-      A living area on the Lower Ground Level

-      Dining, kitchen, living, laundry, WC and a double garage on the Ground Level

-      3 Bedrooms and two bathrooms on the First Floor Level

 

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Lot 1

 

Zoning:            R2 Low Density                                  Existing Site Area:                  1997m²

 

Local Environmental Plan 2009

 

 

Proposed

Control

Complies

Floor Space Ratio

0.17:1

0.5:1

Yes

Height of Buildings

9.36m as existing

9.5m

Yes

Minimum lot size

2076.71m2

550m2

Yes

 

Note:

 

·         The proposed GFA on Lot 1 is 350.75m2 including 294.75m2 for the dwelling house and 56m2 for the coach house.

 

·         The GFA of the Coach House is less than 60m2 and meets the requirements of secondary dwelling in accordance with Clause 5.4(9) of the LEP which states as the follows:

 

·         Clause 5.4(9) Secondary dwellings

 

If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

 

a)    60 square metres,

b)    100% of the total floor area of the principal dwelling.

Lane Cove Development Control Plan (DCP)

 

1.         The addition to the existing dwelling house “Fairlie”

 

 

Proposed

Control

Complies

Front setback (min)

More than 66m as existing

Consistent with area or 7.5m

Yes

Secondary street setback (corner lots)

N/A

2m

N/A

Side setback (min)

1.2m for single storey

 

1.2m single storey

 

Yes

Rear setback (min)

6m

>1000m²: 10m or 35%

No.  However it is considered acceptable as it is consistent with the existing rear setback

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

6.8m as existing

7.0m

Yes

Maximum Ridge height

9.36m as existing

9.5m

Yes

Subfloor height (max)

N/A

1.5m

N/A

Number of Storeys (max)

2 as existing

2

Yes

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

63%( 1301m2)

35%

Yes

Foreshore Building Line (min)

The proposed addition to the “Fairlie” is behind the building line between the existing house and the adjoining building at 17B Norfolk Road

Be located behind the building line of the existing building on the site and the building on the adjoining site

Yes

Cut and Fill (max)

N/A

1m

N/A

Solar Access

As existing

 

The shadows of the addition to the dwelling house would be cast on the subject site only. 

3 hrs to north-facing windows

Yes

Provide for view sharing

The proposed single storey addition to “Fairlie” would have low impact to the water view from the living room on first floor of the adjoining property at 13 Norfolk Road, Longueville

 

Required

Yes

Heritage Conservation

The heritage impact statement lodged with the development application was taken into consideration during the assessment

To be considered as part of the assessment

Yes

Deck/Balcony depth (max)

3m as existing

3m

Yes

Private open space

More than 1300m2

24 m² (min)

4m minimum depth

Yes

Basix

Submitted

Required

Yes

 

2.         The Coach House

 

 

Proposed

Control

Complies

Front setback (min)

More than 30m as existing

Consistent with area or 7.5m

Yes

Side setback (min)

0.9m

1.5m for 2 storey

No

Rear setback (min)

45m

34m (35% of the boundary length)

Yes

Wall Height (max)

6.0m

7.0m

Yes

Maximum Ridge height

6.6m

9.5m

Yes

Number of Storeys (max)

2

2

Yes

Cut and Fill (max)

0.6

1m

Yes

Provide for view sharing

The proposed coach house would impact on the views of adjoining properties

 

View share is required

No

 

Note:

 

The ridge height of the proposed Coach House at RL 24.020 does not meet the Terms of Restriction on the property which stated “No building shall be erected on Lot 1 having a height in excess of R.L.21.4 on Australian Height Data”.

 

3.         Carport Structure (Outbuilding)

 

The carport building is considered as an outbuilding.

 

 

Proposed

Code

Complies

Overall Height (m) (max)

5.34m

3.6m

No.  However, it is considered acceptable due to site constrains.

External wall height (max)

4.71m

2.4m

No

Maximum floor space

Nil

50m²

Yes

No of Storeys

2 at rear due to the land falls

1

No.  However, majority of the storage on the lower level is below the existing ground level and majority of the proposed structure is a single storey building above the existing ground level.

Setback of windows from boundaries (min)

1.5m to northern boundary

Min 0.9m for windows

Yes

 

4.         Car Parking Provisions

 

 

Proposed

Control

Complies

Off-street spaces (min)

5 (3 car spaces in the carport and 2 car spaces in the coach house)

2

Yes

Driveway width

4m

3m at the lot boundary

Yes

Driveway width (battle-axe lots) (min)

4m

3m

Yes

 

5.         Private Swimming Pools

 

 

Proposed

Control

Complies

Setback to Neighbour’s House (min)

21m to the dwelling house of 13 Norfolk Road, Longueville

3m to waterline

Yes

Setback to boundary (min)

3m to the northern boundary

1m to waterline

Yes

Height (max)

(steeply sloping sites)

1m

1.0m

Yes

Setback from boundary if coping is above ground level (existing) (min)

0.3:1

Coping to be set back at a ratio of 1:1

Yes

 

6.         Fences

 

 

Proposed

Control

Complies

Front fence height (max)

Not proposed

Solid:   900mm

Lightweight:     1.2m

N/A

Setback from front boundary if > 1.2m

N/A

1m

N/A

Side and rear fences

1.8m

1.8m

Yes

 

Lot 2

 

Zoning:            R2 - Low Density                                Existing Site Area:                  745.9m²

 

Lane Cove Local Environmental Plan 2009

 

 

Proposed

Control

Complies

Floor Space Ratio

0.47:1

0.5:1

Yes

Height of Buildings

5.9m

9.5m

Yes

Minimum lot size

665.43m2

550m2

Yes

 

Note:

 

·         The area of the access handles on Lot 2 is 148.2m2.

·         The proposed site area exclusive of the access handles for GFA calculation is 517.23m2.

·         The proposed GFA on Lot 2 is 241.02m2.

 

Lane Cove Development Control Plan (DCP)

 

New Dwelling House on Lot 2

 

 

Proposed

Control

Complies

Front setback (min)

More than 45m to Norfolk Road

Consistent with area or 7.5m

Yes

Side setback (min)

0.9m to the northern boundary for 2 storey

 

0.9m on the ground level and nil setback on the first floor to the southern boundary

1.5m two storey

No.  The variation to the northern boundary is supported as the applicant owns both lots and length of the wall within the setback zone is only 2.5m.

 

No.  The nil setbacks to the southern boundary are not supported as no maintenance easement on the adjoining site is proposed. 

 

Rear setback (min)

21

12.5m (25% of the boundary length)

Yes

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

4.7m

7.0m

Yes

Maximum Ridge height

5.9m

9.5m

Yes

Subfloor height (max)

N/A

1.5m

N/A

Number of Storeys (max)

2

2

Yes

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

37% (243m2)

35%

Yes

Foreshore Building Line (min)

Behind the rear building lines of 15 and 17B Norfolk Road, Longueville

Behind the rear building lines of two existing adjoining buildings

Yes

Cut and Fill (max)

3.6

1m

No.  The variation is supported as the proposed excavation would ensure the view of the adjoining property at 15A Norfolk Road would be maintained. 

Solar Access

The adjacent house and the open space at 17B Norfolk Road, Longueville would receive more than 3 hours of solar access

Min 3 hrs to north-facing windows

Yes

Provide for view sharing

The view to Tambourine Bay from 15A Norfolk Road would have minor impact from the erection of the proposed dwelling house which is well below the maximum permitted building height of the LEP.

 

Required

Yes

Heritage Conservation

The heritage impact statement lodged with the development application was taken into consideration during the assessment

To be considered as part of the assessment

Yes

Deck/Balcony depth (max)

2m

3m

Yes

Private open space

227m2

24 m² (min)

4m minimum depth

Yes

Basix

Submitted

Required

Yes

 

REFERRALS

 

Development Engineer

 

Council’s development engineer has assessed the proposal and provided comments as follows:

 

The proposed application has the following deficiency’s which can only be addressed by way of deferred commencement:

 

1.    The applicant is required to submit a detailed land survey by a registered surveyor reflecting all easements, covenants and rights of way burdening each lot. A surveyors report will also be required to explain all restrictions registered on title to Council’s satisfaction.

 

2.    An existing right of way known as (A) on the survey plan burdens lot 1 in favour of 13 Norfolk Road. The proposed Coach House is over the right of way and the proposed subdivision plan wishes to delete the right of way. This proposal will require consent from the owners of 13 Norfolk Road, Longueville.

 

3.    The proposed subdivision plan and the proposed Coach House cannot be supported till the applicant can demonstrate a deed of agreement between the applicant and the owners of 13 Norfolk Road Longueville to surrender the existing right of way.

 

Where Council is to issue an approval the following conditions should be applied to the determination:

 

Part A: Documentary evidence regarding points 1 and 2 must be submitted to Council within 12 months of the granting of this deferred commencement consent.  Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

 

1.    The applicant is required to submit a detailed land survey by a registered surveyor reflecting all easements, covenants and rights of way burdening each lot. A surveyors report will also be required to explain all restrictions registered on title to Council’s satisfaction.

 

2.    The proposed subdivision plan and the proposed coach house cannot be supported till the applicant can demonstrate a deed of agreement between the applicant and the owners of 13 Norfolk Road Longueville. The deed needs to reflect the terms which allow the existing right of way known as (A) on the survey plan burdening lot 1 in favour of 13 Norfolk Road can be extinguished.

 

Officer’s comment:

 

Given the proposal includes boundary adjustment involving the rearrangement of easements on the subject site and the adjoining property, the concerns raised by the development engineer are considered valid and should be addressed prior to the commencement of the proposed building works. 

 

The engineering recommendation is supported and the application would be recommended for deferred commencement consent.

 

 

Heritage Adviser

 

The subject site is listed as a heritage item (Item No.I257) in accordance with Schedule 5 - Environmental Heritage of Lane Cove LEP 2009.

 

The development proposal has been referred to Council’s heritage adviser for comment during the assessment process.  The heritage adviser has endorsed the proposed design.  Refer to Heritage Advice (AT3).

 

Tree Assessment Officer

 

The Tree Assessment Officer has assessed the proposal and provided the following advice:

The plans depict the removal of trees to facilitate the development however the development impact to trees identified for retention on site has not been addressed. Plans provided present the proposed installation of a structure (Coach House) located on the northern boundary that is within the tree protection zone of a mature Camphor Laurel tree (Cinnamomum camphora). This tree is considered significant as it forms part of an avenue of trees that is retainable during construction.

Neighbours trees that are vulnerable to impact from the proposal have not been identified on the site plans provided, specifically three Cupressus spp. on the northern boundary close to house number 13.

The installation of the Coach House is not supported due to unnecessary impacts on significant trees.

Information regarding the locations of neighbouring trees in relation to proposed structures has not been provided.

I have no objection to the removal of the Brush Box tree as identified on plan number 0.03 as it is my understanding this is a requirement for installation of a dwelling house.

I have no objection to the re-configuration of the driveway on the provision it is of minimal impact to the three mature trees along the northern side of the drive.

I have no objections to the remainder of the development on the provision conditions are met.

 

Officer’s comment:

 

The tree assessment officer’s advice is accepted.  The proposed Coach House is not supported as it would create adverse impact to significant trees along the northern boundary of the property. 

 

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

 

The proposal is permissible and complies with the development standards for building height, Floor Space Ratio and minimum lot sizes of the Lane Cove Local Environmental Plan 2009.

 

Other Planning Instruments

 

SEPP 55 Remediation of Land

 

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

 

APPLICABLE REGULATIONS

 

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

 

Section 94 Contribution

 

The proposed new dwelling house on Lot 2 would have additional persons living on the site.  A contribution for community facilities, open space/recreation and road under Lane Cove Section 94 Contributions Plan would be required.  The amount of Section 94 contribution is $20,000 per residential dwelling limit on local development contribution in accordance with NSW Local Development Contribution.

 

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.  Each of the departures is discussed below.

 

The proposed building meets most of the design provisions of Part C.1 of Lane Cove Development Control Plan with exceptions to the excavation and side setback requirements.  The variations are discussed below:

Cut and fill

 

The DCP provision limits a maximum depth of 1m excavation for low density residential developments in Lane Cove unless it is demonstrated that the site’s slope is too steep to reasonably construct a 2 storey dwelling with this extent of excavation. 

 

The DCP also states that Council may consider increasing the depth of excavation between the underside of the lowest floor to any point on the site where:

 

          I.    Large exposed undercroft areas are not created.

        II.    The excavation does not create adverse impacts on the stability or amenity of adjoining properties or the public domain.

 

The proposed construction of the store below the carport on Lot 1 and new dwelling house on Lot 2 require excavation greater than 1m.  The variations to the cut provision are discussed below:

 

Carport Structure

 

The slope of the site falls by approximately 24m from its street frontage to the foreshore at rear on Lot 1.  The proposed carport is at a location with a fall of 3.3m within a length of 11.5m.  The construction of the carport structure would require maximum 3m excavation for the storage below the car parking level.  The construction of the storage would avoid a large exposed undercroft area under the car parking level to the east of heritage listed building.  The variation is supported as it would improve the amenity of the site and achieve a better outcome. 

 

Dwelling House on Lot 2

 

The footprint of the proposed dwelling house on Lot 2 is at a location with an approximate 6m fall.  A maximum of 3.5m excavation is proposed for the construction of the dwelling house.  The living area on the Lower Ground Level and partial Ground Level would be located below the existing ground level to minimise the bulk of the proposed building viewed from the adjoining properties.  A lower building would reduce view impact to Tambourine Bay from the rear of 15A Norfolk Road, Longueville.  The building height of the proposed new dwelling house on Lot 2 is 5.9m which is well below the maximum permitted building height of 9.5m.

 

The proposed excavation for the construction of the new dwelling house on Lot 2 would retain the natural ground levels at the front and rear of the proposed dwelling house.  The proposed excavation would allow the construction of a two storey dwelling house on Lot 2 with mimimum view and solar impacts to two adjoining properties at 15A and 17B Norfolk Road, Longueville.  The variation is supported as it meets the objectives of the DCP which would not result in unreasonable amenity impacts to adjoining dwellings. 

 

The variations to the cut provisions of the DCP for both of the carport structure and the dwelling house on Lot 2 are supported. 

 

Side Setbacks

 

The objectives of side setback provisions of the DCP are to provide building separation, sunlight, landscaping, ventilation for the dwelling and its neighbours.

 

The DCP side setback provisions require a minimum of 1.2m for a single storey dwelling and 1.5m for a two storey dwelling. 

 


 

Setbacks of proposed structures of Lot 1

 

The proposed works on Lot 1 included single storey addition to “Fairlie”, construction of a carport, and a 2 storey coach house.  The compliances with the DCP side setback provisions are summarized in the following table:

 

Proposed Works

Setback Requirement

Original Proposal

Amended Proposal

Comment

Single storey Additional to “Fairlie”

1.2m

0.9m

1.2m

Complies

Carport

1.5m

0.9m

1.5m

Complies

Coach House

1.5m

0.9m

0.9m

Does not Comply

 

As indicated in the table above, the designs of the addition to existing dwelling house and the carport structure have been amended to meet the side setback provisions of the DCP.

 

The design of the Coach House has not been amended to comply with the side setback requirement.  The applicant has advised Council that they are currently in a process of an agreement with the owner of 13 Norfolk Road for the removal of the Right of Carriageway 3.66 Wide (A).  The location of the proposed Coach House would be amended if Council imposes conditions requiring further side and rear setbacks under deferred commencement consent for the construction of the Coach House.

 

The relocation of the Coach House away from its western boundary would require the removal of a Camphor Laurel tree. Council’s Tree Assessment Officer has advised this is a significant tree and does not support the proposed Coach House. 

 

Side and Rear Setbacks of the Dwelling House on Lot 2

 

The proposed dwelling house would be 0.9m to its northern boundary and nil setbacks to its southern boundary.  The applicant seeks variations to the side and rear setback provisions of the DCP in the following ways:

 

·         East boundary: 0.9m setback on Ground Level and 0.2m setback on the First Floor

·         North boundary: 0.9m setback on Ground Level at rear

·         South boundary: 0.9m setback on Lower Ground Level, 0.9m on Ground Level and nil setbacks on the First Floor Level. 

 

The Statement of Environmental Effects states the following reasons to request for a variation of the side setback provisions of the DCP:

 

·         The proposal is consistent with the setbacks of the neighbouring dwellings which do not comply with the setback controls

·         The proposed building would have minimal impact to the amenity to adjoining properties including loss of sunlight, privacy, bulk and scale

·         Rear access is retained to the site

·         The pattern of development is not compromised

·         The compliance with the side setback requirement would compromise the room size of the proposed Bedroom 3 on the first floor. 

 

Officer’s comment:

 

The proposed dwelling house on Lot 2 is more than 6m away from the existing dwelling house “Fairlie” on Lot 1.  There would be sufficient landscaping on Lot 1 between two dwelling houses.  The proposed new dwelling house on Lot 2 with the proposed 0.9m setback to the northern boundary is therefore considered acceptable. 

 

Lot 2 shares its southern boundary with a 2.5m wide walkway of the adjoining property at 15A Norfolk Road, Longueville.  The proposed dwelling house with nil setbacks to the southern boundary on Lot 2 would require an access easement for future building maintenances.

 

An access maintenance easement 0.9m wide (minimum) over the access walkway on 115A Norfolk Road, Longueville should be created in favour of Lot 2 of 15 Norfolk Road, Longueville, to permit access to maintain the southern wall of the development.

 

The applicant has not included any such information relating to the access easement or an agreement between the owner of the subject site and the owners of the adjoining property at 15A Norfolk Road, Longueville. 

 

Given the proposal involves construction of a new building on a vacant lot, the proposed design should be able to comply with the side setback requirements to the southern boundary.  The room size of Bedroom 3 on the first floor would be compromised by compliance with the DCP setback provisions.  However Bedroom 3 could be relocated to the lower level of the proposed building.  The proposed nil setbacks to the southern boundary is not supported.

 

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

 

The development proposal was notified between 12 October 2016 and 26 October 2016 in accordance with Council’s notification policy.  7 submissions from adjoining and nearby property owners were received in response to the notification of the development proposal.  The concerns raised by the submissions are discussed below.

 

5 Cross Road, Longueville

 

This property is located at the eastern side of Cross Road opposite the development site.

 

·         A detailed submission might follow if the owners of this property could confirm that the proposed development would adversely impact their property. 

 

Officer’s comment:

 

The owners of 5 Cross Road, Longueville have not lodged any further submission relating to the proposed development.

 

11 Norfolk Road, Longueville

 

This property is located to the north of the subject site and does not share any boundary with the development site.

 

·         The proposed Coach House is overly bulky to its location and would create adverse impacts including loss of view to Tambourine Bay from their deck and over looking impact to their primary private open space in the backyard.

 

Officer’s comment:

 

The proposed Coach House exceeds the maximum permitted height of RL 24 which was set by the convent on Lot 1.  Compliance with building height would have less view loss impact to the adjoining property to the north of Lot 1.

 

·         The design of the Coach House is not sympathetic with the heritage item.

 

Officer’s comment:

 

The heritage issues have been reviewed by Council’s heritage adviser.  The heritage adviser concurred with the Heritage Impact Statement which stated the Coach House “reflects features of the existing arts and crafts house” and raised no objection to the proposed building design of the Coach House.

 

·         The proposed additional vehicle entry to the site would result in a loss of an on street parking space. 

 

Officer’s comment:

 

The existing ROW on 13 Norfolk Road provides vehicle access to both Lot 1 and Lot 2 of the subject site.  The proposal would create a vehicle entry for both Lot 1 and Lot 2 at Lot 1 street frontage and is considered reasonable in this quiet residential street. 

 

13 Norfolk Road, Longueville

 

This neighbouring property is located to the north of the subject site.  The owner of this property raised the following concerns:

 

·         The footprint of the proposed Coach House is located on an existing right of way which benefits 13 Norfolk Road, Longueville.  The proposed Coach House would restrict access to the right of way.

 

Officer’s comment:

 

Both owners of the development site and the neighbour have had discussions relating to the removal of the existing ROW (A) for construction of the proposed Coach House.  The applicant has submitted additional information relating to the principles of a draft agreement on 29 March 2017.  However, the final agreement has not been reached and the terms of the existing ROW are in place.  The construction of the Coach House cannot occur until the ROW being extinguished.

 

·         The proposed structures including to the Coach House, the carport structure and the addition to “Fairlie” are too close to the dwelling house on 13 Norfolk Road, Longueville.

 

Officer’s comment:

 

The applicant has amended the building addition to “Fairlie” and the carport structure to comply with the side setback requirements of Lane Cove DCP.  The applicant also agrees with the neighbour that the proposed Coach House would have a minimum 6m setback to the property rear boundary between 13 Norfolk Road. 

 

·         The proposed 1.8m high fence in front of the dwelling front entry of 13 Norfolk Road, Longueville intrudes on the right of way and can’t be built.

 

Officer’s comment:

 

The applicant has agreed to delete the fence from the development application.

 

·         The proposed addition to the northern side of the existing dwelling house would cause a loss of view impact.

Officer’s comment:

 

The view the Lane Cove River and Hunters Hill from the rear yard of the neighbouring property is gained across the side boundaries of the subject site.  The panorama view to Tambourine Bay from the rear balcony and the living room on the first floor of 13 Norfolk Road would not be affected by the proposed addition to “Fairlie”.

 

15A Norfolk Road, Longueville

 

This property is located to the south of the subject site and shares its north and west boundaries with Lot 2 of the development site.  The neighbour has raised the following concerns:

 

·         The proposed Coach House is overly bulky and it should not be two storeys.  It would cause loss of water view to Tambourine Bay to the north direction from their ground floor deck. 

 

Officer’s comment:

 

It is agreed that the proposed Coach House is located within a view corridor of the adjoining property.

 

·         The proposed driveway for Lot 2 is too close to the dwelling house of 11 Norfolk Road, Longueville.

 

Officer’s comment:

 

The driveway on Lot 2 is proposed for the vehicle access to the garage of the new proposed dwelling house.  The driveway would serve a dwelling house which would be low frequency domestic use. 

 

17A Norfolk Road, Longueville

 

The property is located to the south of the subject site and does not share any boundary with the development site. The owner of this property raised objections to the proposed development.

 

·         The height and location of the proposed Coach House is situated within the view corridor from the ground floor northern deck.

 

Officer’s comment:

 

It is agreed that the proposed coach house would impact upon the view to Tambourine Bay from the property.

 

·         The proposal involves the removal of a brush box tree which is native and is in good health. 

 

Officer’s comment:

 

The brush box tree is located at the centre of Lot 2 which is currently vacant.  Removal of the brush box for the construction of the proposed dwelling house on a vacant lot is considered inevitable.  Council’s tree assessment officer raised no objection to the proposed tree removal.

 

·         The setback of the proposed dwelling house on Lot 2 should comply with Council’s control.

 

Officer’s comment:

 

The proposed dwelling house on Lot 2 does not meet the setback provisions of the DCP.  The compliance with the DCP provisions should be considered on the merits of the case. 

 

17B Norfolk Road, Longueville

 

This adjoining property is located to the south of the subject site and does not have a shared boundary to the subject site.  The 2.5m wide walkway of 15A Norfolk Road is located between the southern boundary of Lot 2 and the northern boundary of 17B Norfolk Road.  The owners of 17B Norfolk Road raised the following concerns in their submission.

 

·         The proposed 1.8m high fence, from the south western corner of the proposed dwelling house on Lot 2 would create significant unnecessary over shadowing to the south and would reduce the amenity of the property to the south.

 

Officer’s comment:

 

The proposed 1.8m high boundary wall along the southern boundary of Lot 2 meets the fence provisions of Lane Cove DCP.

 

·         Restriction to the building height, footprint and window locations of future amendments to the dwelling house on Lot 2 should be imposed in the conditions of development consent. 

 

Officer’s comment:

 

Any future amendments to the building design of a development would be subject to a Section 96 Modification application which would be notified and assessed on the merits of the case.

 

CCG Architects

 

In addition to the concerns raised by owners of nearby properties, CCG Architects raised the following concerns:

 

·         The proposed Coach House is in excess of 60m2 and is too large to be considered as a “secondary dwelling” under the State Environmental Planning Policy – Affordable Rental Housing.

 

Officer’s comment:

 

Clause 1.9 of Part C.1 of the Land Cove DCP specifies “for the purpose of floor area exemption from FSR calculation, a double garage is a maximum of 40m2.”

 

The proposed Coach House is a two storey building comprising a double garage on the Ground Floor and a studio on the First Floor.  The GFA of the Coach House is 56m2 excluding 40m2 of garage area which meet the GFA requirement of secondary dwelling.  The Coach House has been considered as a secondary dwelling in the assessment. 

 

·         The views currently available would be reduced, particularly from the elevated decks and living areas of the nearby properties.

 

Officer’s comment:

 

The building height of the Coach House exceeds the Terms of Restrictions on Lot 1.  The proposed Coach House is located within view corridors and would cause loss of water view to Tambourine Bay from the nearby properties of 5 Cross Street, 11, 15A and 17A Norfolk Road, Longueville. 

 

All submissions have been taken into consideration during the assessment.  Submissions have raised valid concerns to the proposed development.

 

CONCLUSION

 

The proposed development has been assessed in accordance Section 79C of the Environmental Planning and Assessment Act 1979. 

 

The proposed building works on the proposed Lot 1 and Lot 2 are pending an outcome of the boundary adjustment and the rearrangement of the easements on the existing lots and the adjoining property 13 Norfolk Road, Longueville. 

 

The compliance with the side setback provisions relating to the addition to the existing dwelling house “Fairlie” and the construction of the carport building on Lot 1 have been addressed by the amended plans.

 

The proposed Coach House is in excess of building height by 2.62m of the Terms of Restriction and would impact upon views from nearby properties.  It would create an adverse impact upon the mature Camphor Laurel tree located on the northern boundary of the site.  The construction of the Coach House is not supported. 

 

The dwelling house on Lot 2 with nil setbacks to its southern boundary would require an easement for its future building maintenance.  The proposed dwelling house on Lot 2 should have a minimum 0.9m setback to the southern boundary. 

 

Until all outstanding issues are addressed, the proposed building works cannot commence.  The application is therefore is recommended as a deferred commencement consent. 

 

 

RECOMMENDATION

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred development consent to Development Application DA 182/2016 for the following:-

 

·         Boundary adjustment between Lot 1 and Lot 2

·         Alteration and addition to the existing dwelling house “Fairlie”, construction of a carport structure, a driveway and a swimming pool on Lot 1

·         Construction of a dwelling house on Lot 2

 

on Lot 1 and Lot 2, DP 618825 and known as 15 Norfolk Road, Lane Cove subject to the following:

 

Part A

 

1.    The applicant is required to submit a detailed land survey by a registered surveyor reflecting all easements, covenants and rights of way burdening each lot. A surveyors report will also be required to explain all restrictions registered on title to Council’s satisfaction.

 

2.    The proposed subdivision plan and the proposed Coach House cannot be supported till the applicant can demonstrate a Deed of agreement between the applicant and the owners of 13 Norfolk Road Longueville. The Deed is to reflect the terms which allow the existing right of way known as (A) on the survey plan burdening lot 1 in favour of 13 Norfolk Road can be extinguished.

 

3.    The Coach House on Lot 1 shall be deleted.

 

4.    The proposed dwelling house on Lot 2 must have a minimum setback of 0.9m to its southern boundary.

 

Documentary evidence as requested or the above information must be submitted to Council within 12 months of the granting of this deferred commencement consent.  This approval cannot commence until written approval of the submitted information has been given by Council.

 

Part B

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

 

General Conditions

 

1.         (20) That the development be strictly in accordance with drawings (to be specified) except as amended by the following conditions.

 

2.         Archival recording of the original building in accordance with NSW Heritage Division Guidelines including measured drawings and detailed photographic record of interior and exterior fabric. (refer HIS)

 

3.         Exterior colour scheme must be used for the exterior of the heritage building. 

 

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.         (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.

 

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

 

9.         (21) THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $20,000 AT THE CURRENT RATE OF $10,100 PER PERSON (2016-2017).  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

10.       (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.

 

11.       (35) Hours of Building Works

 

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

 

Monday to Friday (inclusive)              7.00am to 5.30pm

Saturday                                                         7.00am to 4.00pm

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

 

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.       (52) The swimming pool being surrounded by a fence:-

 

a) That forms a barrier between the swimming pool; and

 

          I.    any residential building or movable dwelling situated on the premises; and

        II.    any place (whether public or private) adjacent to or adjoining the premises; and

 

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926 – 2012, “Swimming Pool Safety”.

 

SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL

 

ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

 

The register can be found at www.swimmingpoolregister.nsw.gov.au.

 

18.       (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

19.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

20.       (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

 

21.       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)    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

g)    Pool reinforcement prior to placement of concrete.

h)    The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

i)      Stormwater drainage lines prior to backfilling

j)      Completion.

 

22.       Standard Condition (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.

 

23.       (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.

 

24.       (63) All metal deck roofs being of a ribbed 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 surrounding residents.

 

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

 

a)    The establishment of the each floor level of the new buildings

b)    The roof framing; and

c)    The completion of works.

 

Note:   All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

26.       (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.

 

27.       (67) 

a)    The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

b)    Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

 

(1)   A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

 

(2)   The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

(3)   With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

 

(4)   The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

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

 

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

 

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

 

30.       (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.

 

31.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work.

 

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

 

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

 

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

 

35.       (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.

 

36.       (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.

 

37.       (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

 

38.       (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.

 

 

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

 

General Engineering Conditions

 

40.       (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.

 

41.       (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. 

 

42.       (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.

 

43.       (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.

 

44.       (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.

 

45.       (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.

 

46.       (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’.

 

47.       (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.

 

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

 

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

 

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

 

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

           

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

50.       (D1) Drainage Plans New: A stormwater drainage plan prepared for Lot 1 and Lot 2 and certified by a suitably qualified engineer is to be 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.

 

51.       (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.

 

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

 

53.       (V4) Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, ramps, garage opening widths, parking space dimensions and any associated vehicular maneuvering facilities shall be submitted to the Principal Certifying Authority. 

 

The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

54.       (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

 

a)    seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

b)    detail what measures are to be taken to protect those properties from undermining  during construction

c)    provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties

 

The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.

 

d)    Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

 

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

 

All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

55.       (W1) Pool Construction: The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.

 

Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate.

 

56.       (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

 

57.       (C1) Erosion and Sediment Control Plan: An erosion and sediment control plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate 

 

Engineering condition to be complied with prior to commencement of construction

 

58.       (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

 

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

 

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

 

Tree Management Conditions

 

60.       (346)  A report from a suitably experienced minimum AQF level 5 Arborist to assess the likely impact of the proposed development on all trees identified for retention on DA Plan 0.03. The report must be written in compliance with AS4970-2009 Protection of Trees on Development Sites. The report must have been approved by Council PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

The report must include;

·         Identification of all trees on site inclusive of neighbouring trees and trees identified for removal.

·         A discussion and conclusion of the construction impacts with clear recommendations to mitigate impacts where appropriate.

·         A detailed work method statement for the development within the tree protection zone.

·         A tree protection plan detailing all protective measures for trees identified for retention.

·         A site plan depicting tree location, protection measures and location of proposed structures impacting the trees.

61.       (New) A project Arborist is to be appointed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE to oversee all works within the tree protection zone and provide certification to monitor tree health during construction.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Neighbour Notification Plan

2 Pages

 

AT‑2View

Site Location Plan

1 Page

 

AT‑3View

Heritage advice

6 Pages

 

 

 


 

Independent Hearing and Assessment Panel   1 August 2017

29A Epping Road, Lane Cove (Tantallon Grandstand)

 

 

Subject:          29A Epping Road, Lane Cove (Tantallon Grandstand)     

Record No:    DA16/219-01 - 4374/17

Division:         Environmental Services Division

Author(s):      Michael Stephens 

 

 

Property:

Tantallon Oval – 29A Epping Road, Lane Cove

DA No:

DA219/2016

Date Lodged:

9 December 2016

Cost of Work:

$950,000

Owner:

Lane Cove Council

Applicant:        

Sisson’s Architects Pty Ltd C/- Lane Cove Junior Rugby Club

 

Description of the proposal to appear on determination

Partial demolition of an existing grandstand, alterations and additions including amenities, stairs, lift, community room, roof and associated landscaping.

Zone

RE1 Public Recreation

Adjacent Zonings

R2 Low Density Residential and SP2 Infrastructure (Epping Road)

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 9b - Assembly Building

Stop the Clock used

Yes - 2 Days

Notification

 

 

 

 

 

 

 

 

 

 

Community Information Evening

Neighbours                             27, 31, 33, 35, 37, 39, 92, 94, 96, 98, 102, 104, 108, 110, 112, 114, 116 Epping Road, 7, 9, 11, 11A, 13, 13A, 15, 17, 19, 21 Fraser Street, 28, 30, 32, 34, 36, 38 Johnston Crescent and 4, 6, 8, 10, 12, 14, 16, 18, 20, 22 Tantallon Road.

Ward Councillors                   West Ward

Progress Association             Stringy Bark Progress Association

 

 

9-15 (odd) Arding Street, 1-13, 18-54(even) Elizabeth Parade, 1-49(odd) 72-128 (even) Epping Road, Fraser Street - All, Johnston Crescent - All, Tantallon Road - All, Wingadee Street - All, 49-53 (odd) Centennial Ave, 8-12 (even) Moore Street, 2 Munro Street.

 

REASON FOR REFERRAL

 

The application is referred to the Independent Hearing and Assessment Panel given that the estimated cost of works is greater than $100,000 and the property is in the ownership of Lane Cove Council.

 


 

EXECUTIVE SUMMARY

 

Proposal

 

Renovation to the existing grandstand with the conversion of the tiered seating area into a community meeting room and terrace area. The community meeting room would be available for any of the sporting clubs using the oval and other approved community groups.

 

Notification

 

The application was notified to the surrounding residents. Council facilitated a community information evening to permit the main sporting clubs to inform the community of the proposed development and for the community to express any concerns. The area of residents and property owners notified of the information evening was expanded and the notification period to submit comments extended.

 

During the notification periods a total of 52 Submissions were received, 24 raised objection whilst 28 outlined their support for the development.

 

The following issues were raised in submissions received:

·         Limited parking (space for 10 vehicles) is available on site.

·         The additional use of the community meeting room would generate additional parking demand.

·         Whether the facilities would be available for the public or just the sporting clubs.

·         The meeting room would result in undesirable behavior or issues relating to the consumption of alcohol in what is a residential neighborhood.

·         That excessive noise or disturbances could occur particularly if events were allowed to be held late into the evening.

 

The proposal to renovate and construct a community meeting area in the existing grandstand at Tantallon Oval is recommended for approval subject to a deferred commencement to enable the applicant to submit a draft Management Plan that complies with Council’s existing Plan of Management requirements and booking system for the use of the proposed meeting facility. 

 

SITE DETAILS

 

Property

Lot 172 and 173 DP 1209196 and  Lot 159 DP 12792

Area

18,528m2

Site location

Northern side of Epping Road between Tantallon Road and Fraser Street at Lane Cove North.

Existing improvements

Grandstand with 10 rows of tiered elevated seating located over the top of the ground floor amenities which include, change rooms, storage room, canteen and WC amenities.

 

Tantallon Oval which is primarily used for club and junior level cricket and rugby throughout the year.

 

Small car park for approximately 10 vehicles (unmarked)

Shape

Irregular

Adjoining properties

North – Rear of the dwelling houses of Johnston Crescent

East – Tantallon Road then low density residential area                                                      West – Rear of the dwelling houses of Fraser Street.

South – Epping Road then low density residential area

 

SITE DESCRIPTION

 

Tantallon Oval is a local sports field located within a residential area of Lane Cove North. It is bordered by Epping Road to the south, Tantallon Road to the east and dwelling houses to the north and west. The field comprises an oval that is surrounded by a picket fence. There is a ring of mature trees that surround the oval. A grandstand is located to the western side of the oval and abuts in close proximity the residential neighbourhood to the west and partially to the north. A small car park for approximately 10 vehicles is accessed from Epping Road is located next to the grandstand. The carpark is also used as a small basketball court.  Bus stops with services heading east and west are located on Epping Road in close proximity to the oval. There is an off-road shared user cycle path that runs past the oval along Epping Road. A pedestrian path connects the oval to the north of the grandstand to Fraser Street.   Site Location Plan and Neighbour Notification Plan attached (AT1).

 

EXISTING USE

 

Tantallon Oval has a long history within the Lane Cove community as a sports ground for local sporting clubs including Rugby, Cricket and rugby league. Clubs use the oval throughout the week during afternoons and more recently evenings after the installation of lights. Matches are played on weekends and Friday evenings.

 

During the 2016-2017 financial year 329 Bookings were taken, including 5 “Casual” bookings (i.e. once off events), 69 bookings by Schools and the remainder were bookings made by 8 sports clubs. Personal trainers and fitness groups also use the ground.

 

Visitors to the ground are most likely to walk or drive to the oval. Parking is accommodated within the surrounding streets that is characterised as a low density residential area.

 

PREVIOUS APPROVALS/ DEVELOPMENT HISTORY

 

DA05/200

Installation of Telephone booth and Internally Illuminated Advertisement on Epping Road.

EP&A Act Part 5 approval - 2015

Installation of Floodlights located around the Oval

Exempt Development - 2016/2017

Under the provisions of the State Environmental Planning Policy (Infrastructure) 2007 - Renovations to the ground floor of the grandstand for upgrades to amenities, access and store rooms.

 

PROPOSAL

 

 

Demolition of existing tiered grandstand seating

 

Demolition of existing metal roof

 

Construction of new meeting room within the existing shell of the grandstand on the upper storey.

 

·         91m2 community meeting room with kitchenette and accessible WC

·         Enclosed to the rear and northern side.

·         Full height glazing to the front and southern side with sliding glass doors

·         Two rows of tiered bench seating

·         New terrace area over existing Barbeque Store

·         New Balustrades

 

Extension to the southern side of the structure for a lift, landing and stairs.

 

New corrugated metal roof pitched to open towards the oval.

 

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979, SECTION 79C EVALUATION

 

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

 

Part 2 Permitted Development

 

2.2 Zoning

 

The site is zoned RE1 Public Recreation. The application seeks consent for the construction of a community facility to accommodate a grandstand, community room and sporting amenities. A “community facility” is defined in LCLEP 2009 as follows:-

 

community facility means a building or place:

(a)  owned or controlled by a public authority or non-profit community organisation, and

(b)  used for the physical, social, cultural or intellectual development or welfare of the community, but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

 

The proposed building and its intended use meet the definition of a “community facility” and is therefore permissible with consent in accordance with the Land Use Table within LCLEP 2009.

 

Part 4 - Principal Development Standards

 

The site does not have a floor space ratio or building height development standard.

 

Despite not having specific controls, given the close proximity of the grandstand to residential dwelling houses to the rear, the overall bulk and scale is to be considered on its merit.

 

The height of the grandstand at the rear is proposed to be reduced by 0.675m from the existing building. Reorienting the roofs pitch, so the structure opens towards the field of play, has a negligible impact to the adjoining residents whilst providing for better amenity for the spectators using the grandstand when games are played.

 

The overall structure of the existing grandstand is the basis for the proposed redevelopment and as such the overall bulk and massing is generally maintained. The addition on the southern side to provide a lift and additional set of stairs would not unreasonably add to the bulk and massing of the existing building.

 

Lane Cove Development Control Plan 2009

 

Part B - General Controls

 

B.2 Public Domain

 

The proposed development would meet the objectives of this clause of the DCP as it would provide a meeting room that would contribute to the identity and enjoyment of the area as a community facility.  The proposed addition presents as acceptable both architecturally and in terms of finishes.

 


 

B.4 View Sharing

 

The built form would not result in a loss of views.

 

B.8 Safety and Security

 

Crime Prevention through Environmental Design Strategy: 

 

Specific measures on safety and security have not been outlined in the applicant’s SEE. While concerns are not anticipated to be excessive given the proposed dual use the issues should be addressed as part of a draft Management Plan should the proposal be supported. 

 

Part F – Access and mobility

 

The proposal was referred to Council’s Senior Building Surveyor and has been considered satisfactory having regard to the provisions of the Building Code of Australia, the Disability Discrimination Act and Part F of the DCP.

 

Part N - Advertising and Signage

 

No signage proposed.

 

Part R - Traffic, Transport and Parking

 

Parking for the existing oval and grandstand is accommodated by the surrounding streets of, Tantallon Road, Fraser Street, Johnston Crescent and Munro Street. There is an existing area of parking located within the site that accommodates approximately 10 vehicles.  

 

The proposed redevelopment of the grandstand would result in a changed use on the site although the impact on surrounding on street parking availability is not expected to increase. When training or matches are being played the community meeting room would generally be utilised by the same people as well as spectators who would have previously utilised the grandstand. The overall capacity of the grandstand would be reduced given the existing seating capacity of 250 people is reduced by 80%. The capacity of the community meeting room is limited to 90 people by the Building Code of Australia.

 

When the community facility is being utilised by other community groups reduce parking pressures from the oval may occur and be accommodated on site or within the surrounding streets.

 

REFERRALS

 

Development Engineer

 

The proposal was referred to Council’s Development Engineer who reported on 18 January 2017 that no OSD is required as the increase in impervious area is minimal. All new impervious areas have been conditioned to drain into the existing stormwater system.

 

As a result of their assessment 12 Draft Conditions have been included in the recommendations of this report.

 

Tree Assessment Officer

 

The proposal was referred to Council’s Senior Tree Assessment Officer who reported on 7 June 2017 that three trees have been proposed to be removed to facilitate the proposal and have been identified as Syzigium australis. The trees are located close to the southern wall of the existing grandstand. All other trees are to be retained and protected for the duration of construction.

Two trees would require pruning to create clearance for the proposal, these trees are;

·         One Quercus robur (English Oak) located at the north western corner of the stand.

·         One Eucalyptus resinifera (Red Stringybark) located at the south eastern corner of the stand.

If an approval is to be granted, consent would be for removal or pruning of these three trees only. 

 

With the exemption of the above pruning or removal off trees, the development would be of minimal impact to the existing tree population and no objection was raised to the development. 

 

As a result of this assessment 10 Draft Conditions have been included in the recommendation of this report.

 

Building Surveyor

 

The proposal was referred to Council’s Building Surveyor who reported that the under the Building Code of Australia the grandstand building would have a:

 

Classification of Building: Class 9b

Rise in storeys: 2 storeys

Type of Construction: Type B Construction 

 

The proposed alterations and additions to the existing grandstand building would be subject to a ‘Fire Safety Upgrade” pursuant to clause 94 of the Environmental Planning and Assessment Regulation 2000 to ensure appropriate fire safety upgrade measures be implemented into any new building works and complying with the Building Code of Australia.

 

As a result of this assessment 18 Draft Conditions have been provided should the proposal be supported.

 

Environmental Health Officer

 

The proposal was referred to Council’s Environmental Health Officer who reported that a desktop review of the site is to be undertaken in order to ensure that the site is not contaminated.

The structures currently on the site may contain asbestos therefore a hazardous material survey is recommended to be carried out including the structures and soil surface in the immediate vicinity of the buildings. It is also recommended that a waste classification should be undertaken if any soil materials are proposed to be taken off site during construction.

A Hazardous Building Materials Assessment and an Asbestos Management Plan must be prepared by a suitably qualified person. An Asbestos Clearance Report must be provided to council following the removal of all asbestos containing material from the site and prior to the commencement of bulk excavation.

 

In order to ensure offensive or nuisance noise is not created by mechanical or plant equipment during the use of the facility Draft Conditions have been recommended.

 

A Construction Noise and Vibration Management Plan is to be prepared prior to the issue of a Construction Certificate that addresses the impacts throughout the construction phase of the development.

 

As a result of their assessment 8 Draft Conditions have been provided should the proposal be supported. 

Waste Coordinator

 

The proposal was referred to Council’s Waste Coordinator who reported that the waste management plan submitted by the applicant meets the requirements of Part Q - Waste Management and Minimisation of LCDCP 2009 and is to be adopted if development consent is to be provided. 3 Draft Conditions have been provided should the proposal be supported.

 

Traffic and Transport

 

The proposal was referred to Council’s Manger of Traffic and Transport who advised that in his opinion the proposed development would not unreasonably increase the current parking demands. As a part of their assessment a survey of on street parking occupancy rates was undertaken on Sunday 28 May 2017. See AT4. Identified issues are detailed below:

 

The additional use as a community meeting room is unlikely to result in any noticeable traffic and parking impact on the locality due to the following reasons:

 

·         Historically parking for the ground has been accommodated on street. During sporting events the community facility would be utilised by those participating or watching matches as is currently the case.

·         When the facility is used at other times and by other user groups, those visitors would also park within the surrounding streets if the onsite parking was insufficient. Therefore any additional traffic or parking created by the proposed new use would not be unreasonable and could be accommodated as parking for sporting events.

·         The community meeting room is accommodated by the reduction of the existing grandstand seating.

·         The proposed grandstand and community meeting room are modest in size and could only accommodate a maximum of 90 people within the community meeting room and a further capacity for 60 people on the remaining tiered seating where as the existing grandstand can accommodate over 250 people.

·         A survey of on street parking within the surrounding streets undertaken on a match day showed that there is additional capacity during events to accommodate visitors to the ground or facility.

 

Other Planning Instruments

 

Local Government Act NSW 1993

 

Pursuant to clause 36 of the Local Government Act 1993 a council must prepare a draft plan of management for community land. The site can be classified under two categories which are as a sports ground, and given the new additional use as a community meeting room as a general community use.

 

Lane Cove Council has a Generic Plan of Management for Community Land, adopted in 2000 and amended in 2004.  The Objectives and Targets for sportsgrounds and general community use are included as AT5.

 

Sports Ground

 

The proposed development would not affect Tantallon Ovals meeting of the objectives of the Lane Cove Council Plan of Management for Sports Grounds.

 


 

General Community Use

 

The proposed community meeting room is classified as a community facility and is reviewed against the core objectives and targets of the Lane Cove Council Plan of Management below:

 

Core Objectives:-

 

To promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:

 

·         In relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and

 

·         In relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).

 

Town Planner’s Comment: The proposed development is consistent with the objectives of general community use. The existing grandstand would be redeveloped and continue to provide a benefit for the users of Tantallon Oval whilst also enabling the opportunity for varying community groups and the wider community to utilise the facilities for a range of approved activities.

 

Performance Targets:-

 

a)         Maximum use made of facilities.

 

Town Planner’s Comment: The upgraded facilities would provide for the needs of the local sports clubs through their sporting seasons both during the week on training nights and on the weekend when games are played. When not being used by the sporting clubs the facility would also be available for use as a meeting room facility for the wider community to gather for a range of approved activities.

 

b)         Facilities in safe and clean condition.

 

Town Planner’s Comment: The upgraded facilities would encourage community use. By requiring groups to book the facility in line with the current where amended “Community Facility Conditions of Hire AT3”  accountability would be encouraged for the maintenance and cleaning of the facility.

 

c)         Cost/income neutral to Council.

 

Town Planner’s Comment: Fees for the use of the facility would be at the discretion of Council and be in line with Council’s current policy regarding hiring Community facilities.

 

d)         Diverse range of user groups.

 

Town Planner’s Comment: The proposed community meeting room would seek to encourage a broader range of user groups that could make use of a facility within a low density residential area. The user groups would not be required to be only for sporting groups.

 

e)         Physical accessibility maximised.

 

Town Planner’s Comment: The proposed development is to be constructed to be DDA (Disability Discrimination Act) compliant. The provision of marked disabled parking spaces would also assist to ensure that those with a disability could attend the facilities.

 

Given the proposed development is unique in its context it is recommended that a draft Management Plan be prepared that addresses the ongoing management and use of the community facility by the sports groups who play at Tantallon and varying community groups.

 

In order to ensure that the Management Plan is prepared and addresses relevant issues it is considered appropriate a deferred commencement consent be sought. 

 

SEPP (Infrastructure) 2007

 

N/A - Division 12(3) does not include grandstands and therefore the proposed works would not constitute exempt development. The works undertaken in early 2017 to the ground floor of the grandstand to renovate the amenities, access and storage areas are permissible under the exempt development provisions of this policy.

 

SEPP 55 Remediation of Land

 

The subject site is zoned for open space and adjoining sites are zoned for low residential purposes.  This issue is addressed in the Environmental Health Officer’s comments on page 6 of this report.

 

A Desktop Review of the site is to be undertaken.

 

APPLICABLE REGULATIONS

 

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

 

IMPACTS OF THE DEVELOPMENT (Section 79C(1)(b))

 

Traffic and Parking

 

Having reviewed the Statement of Environmental Effects (SEE), considered submissions and the report of the traffic engineer I am of the view that the proposed development is unlikely to result in an increase in on street parking demand within the surrounding streets.  The facilities would generally be utilised by those already in attendance to the oval during trainings and games. At other times when the community facility is likely to be used by other groups the parking the demand for parking would be satisfied by the availability of on street parking in the surrounding streets if onsite parking is exhausted.

 

Light Spillage

 

The enclosure of the upper level of the existing grandstand to the sides and the rear would prevent any light spillage to occur towards the residential properties to the rear. Light from the meeting room when used during the evening hours would be directed back towards the oval. Site lighting is to be of an appropriate intensity, not angled towards surrounding properties and the subject of timers or sensors in order to preserve the low ambient light levels of the neighbour.

 

Noise

 

The general noise levels related to the use of the oval and grandstand would remain unchanged. The proposed community meeting room is not anticipated to result in nuisance noise levels as it is generally enclosed, the built form directs sound back towards the oval, the number of attendees is limited by its size, and the hours of operation are limited with regard to its location within a low density residential area. 

Overshadowing

 

The proposed built form would not result in additional overshadowing. The existing grandstand results in a small area of overshadowing to the rear of the backyard of 13A Fraser Street during the morning hours only.

 

Suitabiltiy of the Site for Development (79c(1)(c))

 

The site is suitable for the proposed development as it would allow for an increase in the use and amenity to be provided for the sports ground and also provide a community facility within a low density area that does not have access to a similar facility. The proposed development would be available for a diverse range of user groups, most who already visit Tantallon Oval for sporting related activities. The community meeting room is modest in size and scale which is in keeping with the surrounding low density residential area. The site is able to handle large groups of people attending sporting events and the proposed additional use of the site would not be dissimilar.

 

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

 

The Development Application was notified in accordance with Council’s notification policy from the 14th of December 2016 until the 11th of January 2017. Submissions were received from 52  different interested parties with 24 of those being comments or objections and 28 of those being submissions supporting the application.

 

It was noted that a proportion of the submissions stated that they were in favour of the grandstand being redeveloped for the community although raised concern to certain aspects of the development.

 

A community information evening was held 29 March 2017 in order to provide details of the application and to hear the concerns of the community (AT2).

 

The concerns raised have been summarised and comment made by Council’s Town Planner. The following KEY outlines how common the concern was.

 

*** High, ** Medium or * Low

 

·         Lack of consultation with residents before the application was lodged.  **

 

Planning Comment:- Although desirable applicants are not obliged to consult the community prior to the lodgment of an application.  Notwithstanding such the applicant and his architect participated in a Council facilitated Information evening to detail their proposal and hear resident concerns.

 

·         The extent the DA was notified to the surrounding residents.***

 

Planning Comment:- The development application was notified in accordance with Council’s notification policy. Due to the feedback received a community information evening was facilitated, with invitations sent to a greater extent of residents in the area. The notification period was subsequently extended to allow anyone to make further comment after the information evening.  

 

·         Would Council remain the owners of the facilities or would there be lease or license granted to the clubs?***

 

Planning Comment:- Despite the clubs involvement in the development application process Council would remain the owner of the land and facilities. The facilities and community room would be available for hire in line with the current bookings policies for Sports Grounds and Council venue hire.

 

·         Is the loss of seating in order to provide a community room an acceptable trade-off given that it is a grandstand?**

 

Planning Comment:- The grandstand seating is currently dilapidated and generally underutilized as large crowds for local sporting events are not as common as they may have been in the past. Despite this two rows of seating, a second elevated terrace area and the full height glazing to the community room would allow for an elevated view of the field to be gained for spectators. The community meeting room would allow for an area sheltered from the elements that can be used by the clubs, spectators, officials and players when matches or training is on. Overall it would greatly increase the functionality of the facilities for sporting groups and provide for additional facilities for a broad range of groups within the community at other times.

 

·         What would the anticipated use of the community room entail?***

 

Planning Comment:- The community meeting room can be utilized by a broad range of user groups throughout the community. When matches or training is on the facilities can be used for spectators and parents to gather out of the elements, the clubs to facilitate sign on / registration, committee meetings, award ceremonies / speeches and team meetings. At other times the meeting room would be available for approved community purposes and functions.

 

·         Would access to the facilities be exclusive to the sporting clubs involved in the application?***

 

Planning Comment:-  No, the community facilities would remain under the control and management of Council and be made available for the public, schools and sporting groups in line with Council venue hire policy.  Although it would be expected that joint use of the oval and meeting room would occur.

 

·         Would access to the facilities be made available to the general public?***

 

Planning Comment:- The community meeting room would be available to the general public for approved activities and would be booked through Council.

 

·         Would there be a restriction to the hours of use of the facility?***

 

Planning Comment:- Yes, Draft Condition 2 would restrict the hours that the facility could be used in order to protect the amenity of the surrounding residents.

 

·         Would alcohol be sold or consumed in the community room?***

 

Planning Comment:- This development application does not seek consent for a liquor license. The applicant has expressed that they or any other group may wish to apply to Council for a “Limited License for a Special Event” as has been done at other community facilities.  A separate development application would need to be made and considered by Council.  Any subsequent application would be assessed on its merits and antisocial behavior likely result in the cessation of any licenses if granted.

 

·         That anti-social behavior would occur as the result of alcohol being permitted to the consumed. ***

 

Planning Comment:- The propensity for anti-social behavior is limited as the community facility would be managed with restrictions on who would be able to utilise the facility, limitations as to the capacity of the community room, restrictions on hours of use and the conditions of hire of Community Facilities.

 

·         That there would be an increase in noise within a residential area particularly in the evenings.**

 

Planning Comment:- The addition of the community meeting room would result in an increased use of the facilities in the evenings. Despite this it is not anticipated that noise levels would be unreasonable or inconsiderate to the surrounding residential area. The community room would allow people to gather inside. As there are no openings to the rear this would assist in reducing noise traveling to the properties adjacent to the grandstand. The Conditions of Hire for Community Facilities provide restrictions on the level of music or voice amplification that can be used. See AT3.

 

·         That safety and security within the area would be compromised particularly in the evenings. ***

 

Planning Comment:- It is not anticipated that the facility would result in antisocial behavior or a loss of a feeling or safety or security for the surrounding residents. The facilities are to be managed and bookings limited for approved purposes. However night time security considerations would need to be addressed in the recommendations of the Draft Management Plan. 

 

·         That nuisance noise from mechanical equipment e.g. lift or air-conditioner would occur. *

 

Planning Comment:- Nuisance noise levels are not expected to occur although appropriate Draft Conditions have been recommended by Council’s Environmental Health Officer in order to ensure that the ongoing operation of the facilities are maintained within appropriate noise levels given the surrounding area is primarily residential. Restricted hours of use for the facilities would also ensure that there would be no mechanical noise occurring late at night.  

 

·         That light spillage from the new facilities would affect adjoining properties. *

 

Planning Comment:- The rear of the grandstand is to be enclosed and no glazing is proposed. There would be no direct light spillage towards the adjoining properties to the rear. Restricted hours of use for the facilities and timers on external lighting would also ensure that any ambient light spillage late at night that considers the amenity of the surrounding residents.

 

·         Whether a Statement of Heritage Impact have been submitted. *

 

Planning Comment:- Item 37 of Schedule 5 of LCLEP 2009 lists the formal planting between Tantallon Oval and Epping road as having heritage significance. The proposed development would not interfere with the heritage significance of this listing as no works are proposed in this area and the grandstand is located a considerable distance away.

 

·         The Site Analysis Plan does not show the location of adjoining dwellings behind the grandstand and therefore the impact on those neighbours has not been considered. *

 

The location plan (Pl-00-0300) submitted shows the oval and grandstand in the greater context of the locality, particularly the surrounding development. A site inspection was undertaken on the grandstand and surrounds as a part of the development assessment process. The Independent hearing and Assessment Panel members will visit the site as a part of their consideration of the application. The impacts to neighbours in the greater locality and the neighbours directly adjoining the subject site have been considered and found to be acceptable.

 

·         Whether Owners Consent for the application has been provided. *

 

Planning Comment:- Owner’s consent has been provided for the Development Application to be Lodged.

 

·         Whether the basketball court area would be retained. **

 

Planning Comment:- The informal basketball court is to remain although would not be able to be utilized when the facility is in use as is currently the case as this area is utilised for parking.

 

·         Have other sites in the locality been considered as more suitable locations for this type of development? **

 

Planning Comment:- The renovation of this site is required and provides an opportunity to provide an increased community use and a higher level of amenity for the users of Tantallon Oval and the surrounding local community.

 

·         That the children’s playground should be moved and the current location be utilised for parking.

 

Planning Comment:-The removal of a children’s playground in order to provide additional parking would not be in the public interest and is therefore not recommended.

 

PUBLIC INTREREST (Sections 79C(1)(e))

 

The proposed development is in the public interest as it would allow for the redevelopment and improvement of an existing community facility whilst also increasing the availability of such a facility and amenities to the broader public. The Lane Cove North area is generally a low density residential area with few community services or facilities. The provision of a meeting room as a part of the facility would increase the functionality of the site for sporting clubs and allow some of their ancillary activities to take place where the clubs trains and play. The community meeting room would also be available to the broader community to use for a range of community related purposes that do not necessarily involve sports. The meeting room is modest in size although would be appropriate for the local community. Any potential impacts of the development would be outweighed by the additional use and amenity, and not be contrary to the public interest. 

 

CONCLUSION

 

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

 

The proposed development would increase the functionality and quality of Council’s Tantallon Oval and related facilities for the local and broader Lane Cove Community. The facilities would increase to help meet the needs of the sporting groups that train and play at Tantallon Oval and also provide a meeting room for new user groups to utilise in their local area. The proposed development is consistent with Council’s Plan of Management for Community Land although a draft Management Plan is to be prepared to ensure that the new facilities can be utilised and managed harmoniously with its neighbours and meet the expectations of the Council and the Community.

 

On balance the proposed development would be reasonable and increase public amenity opportunities for the local community and therefore is recommended for approval.

 

 

RECOMMENDATION

 

PART A

 

That pursuant to section 80(3) and 80(4)(b) of the Environmental Planning and Assessment Act 1979, the Council grants deferred development consent to Development Application DA16/219 for partial demolition of existing structure, alterations and additions including amenities, stairs, lift, community meeting room, roof and associated landscaping at Tantallon Oval on Lot 172 and 173 DP 1209196 and Lot 159 DP 12792 known as 29A Epping Road, Lane Cove North subject to the following conditions:

 

The consent will not operate until Council is satisfied the following matters have been addressed.

 

·         A Management Plan has been provided and endorsed by Council which specifies, interalia,  permissible activities, community access, hours of operation, restrictions on the sale and consumption of alcohol.

·         Desktop Review/Contamination report has been undertaken and remedial measures considered appropriate.

 

The above requirement(s) must be satisfied within 2 years of this determination.

 

Pursuant to Clause 95(5) of the Regulations under the Act, Council will notify the applicant in writing as to if Part B of this consent has been satisfied and the date from which the consent shall operate.  

 

PART B

 

1.         (20) That the development be strictly in accordance with the following drawings prepared by Sissons Architects, dated 6 December 2016:

 

Drawing

DWG / Plan No.

Rev

Site Plan

PL-00-05

1

Existing and Proposed Ground Floor Plan - Plans to be amended prior to CC to reflect exempt development works undertaken.

PL-10-01

1

Existing and Proposed First Floor Plan

PL-10-02

1

Existing and Proposed Roof Plan

PL-10-03

1

Existing and Proposed East and North Elevations

PL-11-00

1

Existing and Proposed West and South Elevations

PL-11-10

1

Existing and Proposed Cross Section

PL-12-10

1

Material Board

PL-15-01

1

 

except as amended by the following conditions.

 

2.         The Community Meeting Room is to be restricted to the following maximum hours of operation, Monday-Sunday,  8am-10pm or where further restricted by the Management Plan prepared to satisfy Part A of this consent  

 

3.         A separate application is to be made and obtained for any Liquor Licence, under the (Liquor Act 2007).

 

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.         (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 12.00pm

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.

 

9.         (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.

 

10.       (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.

 

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

 

12.       (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a minimum height of 1 metre.  Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

 

13.       (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

 

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

 

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.       (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:-

 

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.

 

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

c)  footings;

d)  reinforced concrete work;

e)  structural steelwork;

f)  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 roofs being of a ribbed 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 resident.

 

21.       (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.

 

22.       (72) The proposed works being confined within the boundaries of the site.

 

23.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work.

 

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

 

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

 

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

 

27.       (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.

 

28.       (139) A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

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

 

31.       Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause public nuisance. External lighting should operate by movement sensors only outside of the hours of use for the facility in order to maintain the amenity of the surrounding residential area.

 

General Engineering Conditions

 

32.       (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.

 

33.       (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. 

 

34.       (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.

 

35.       (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.

 

36.       (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.

 

37.       (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.

 

38.       (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’.

 

39.       (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

 

40.       (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.

 

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

 

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

 

Engineering condition to be complied with prior to Occupation Certificate

 

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

 

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

 

Tree Preservation Conditions

 

44.       A Project Arborist of minimal AQF Level 5 qualification is appointed to oversee/monitor trees condition during construction and sign off on tree protection measures.

 

45.       The working envelope for mobile crane access is to be addressed by the Principal Contractor, Project Arborist and crane operator PRIOR to works carried out in order to minimise risk of damage to trees on site.

 

46.       Stormwater pipes are to be relocated to the north east corner of the roof to minimise disturbance to the large Oak tree. Installation of below ground pipes within the drip line is not permitted.

 

47.       Authorized pruning of trees is to be carried out prior to the installation of the new roof and comply with the following spec: Pruning cuts not to exceed 150 millimetres in diameter and all branches are to be pruned to suitable growth points in accordance with AS4373-2007 Pruning of Amenity Trees. A 3 metre clearance from the existing roofline is deemed to be adequate space for construction. Additional pruning must be authorised by the project Arborist and Council.

 

48.       All tree works are to be carried out by a minimum AQF level 3 Arborist.

 

49.       No roots greater than 50 millimetres in diameter are to be severed, damaged or crushed during the reconfiguration of the pathway. Removal of existing surfaces is to be manual and the existing sub-base used to minimise soil compaction.

 

50.       (300)  A Tree Preservation Order applies in the Lane Cove local government area. The Order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this Order is up to one million, one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

51.       (302)  All existing trees, excepting those shown in the approved plan to be removed; irrespective of this consent, permission from Council must be obtained for the pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

 

52.       (327) A bond of $10,000 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect all trees located on the driveway, Basketball court and surrounding the grandstand.  This bond shall be forfeited in the event of damages to any of these trees as a result of the development works within a period of six months after completion. In the event of damages to the tree, as determined by Council’s Tree Preservation Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

 

Breach of any condition - 5% of bond for each offence.

Death or severe decline of any protected tree - 100% of bond and possible legal action by Council.  If at any time site logistics conflict with trees on site, council and the Project Arborist must be informed and resolution will be reached.

 

Tree condition to be complied with prior to commencement of construction

 

53.       (350) The trunk and branches of all trees located on the Basketball court must be protected during the construction period by a trunk and branch guard.  The guards must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2 m from the ground.  All trunk guards must be installed PRIOR TO THE COMMENCEMENT OF CONSTUCTION

 

Material stockpiles are to be located on the existing concrete only. Sediment fences are to be installed so no contamination or runoff enters any tree protection zones.

 

A waterproof sign must be displayed on all tree protection zones stating NO ENTRY TREE PROTECTION ZONE. All tree protection is to be in compliance with AS4970-2009 Protection of Trees on Development Sites.

 

Parking Conditions

 

54.       Two Disabled Car Parking Spaces are to be provided in close proximity to the entry of the grandstand. The spaces are to be formalised with line-marking on a surface of concrete or asphalt and appropriately signposted / marked. Such works shall be completed prior to the issuing of any occupation certificate.

 

Building Surveying Conditions

 

Fire Safety Upgrade

 

55.       Portable Fire extinguishers and Fire blankets are to be installed to the community room kitchen and ground floor canteen room complying with requirements of Australian Standard AS2444-(2001).

 

56.       Illuminated Exit signage is to installed to the first floor community room main exit doors and ground floor entrance lobby main exit door complying with the requirements of Australian Standard AS2293.1-(2005)

 

57.       Emergency Lighting System is to be installed within the new accessible toilets,  common area, male/female WC toilets, shower and change rooms complying with the requirements of Australian Standard AS2293.1-(2005)

 

Environmental Health Conditions

 

Deferred Commencement re desktop review -if satisfied then adopt recommendations as required

 

58.       A Hazardous Building Materials Assessment and an Asbestos Management Plan must be prepared by a suitably qualified person. An Asbestos Clearance Report must be provided to Council following the removal of all asbestos containing material from the site and prior to the commencement of bulk excavation.

 

59.       If the structure contains asbestos, a hazardous material survey is to be carried out including the structures and soil surface in the immediate vicinity of the buildings. A waste classification should be undertaken if any soil materials are proposed to be taken off site during construction.

 

60.       (441) Operation of Plant or Equipment

To minimise the impact of noise from the development, all sound producing plant, equipment, machinery, mechanical ventilation systems and or refrigeration systems, shall be designed and or located so that the noise emitted does not exceed 5db(A) above the ambient background level when measured from the boundary of any affected premises between the hours of 8am to 10pm.  Between the hours of 10pm and 8am, noise shall not exceed the ambient background level when measured at the boundary of an affected premises.

 

All sound producing equipment shall comply with the Protection of the Environmental Operations Act 1997.

 

61.       (442) Noise Control – Offensive Noise

 

To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environmental Operations Act 1997.

 

62.       (447) Noise Monitoring

 

During the course of construction and demolition noise monitoring must be carried out by a qualified acoustical consultant if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the work.

 

63.       Construction and Fit out of Food Premises

(418)To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:

a)    Food Act 2003 & Food Regulations 2004

b)    Food Safety Standards 3.1.1, 3.2.2, 3.2.3

c)    Sydney Water Corporation – Trade Waste Section

d)    The Protection of the Environment Operations Act 1997

e)    Australian Standard AS 1668 Part 1 & 2

f)     The Building Code of Australia.

 

The design and construction of food premises must comply with the following requirements, as applicable:

 

·         The floors of kitchen, food preparation and storage areas are to be constructed of materials which are impervious, non slip and able to be easily and effectively cleaned. The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  Coving should be installed at floor/wall joins to allow for cleaning.

 

·         Walls and ceilings are to be solidly constructed to prevent harborage of pests.  They are to be finished with impervious sealed materials which are able to be easily and effectively cleaned. 

 

·         All fixtures and fittings, such as food preparation benches and cooking equipment, are to be moveable, or built in to walls and floors to prevent harborage of pests and allow for cleaning.

 

·         Cupboards, cabinets, benches and shelving are to be smooth and impervious and may be glass, metal plastic, timber sheeting (sealed) or other approved material. The use of particle board or similar material is not permitted unless laminated on all surfaces.

 

·         To ensure that adequate provision is made for ventilation of the premises, mechanical and/or natural ventilation systems shall be designed, constructed and installed in accordance with the provision of:

a)  The Building Code of Australia

b)  AS 1668 Part 1 and 2 – 1991

c)  Protection of the Environment Operations Act 1997

 

·         A designated hand wash basin is required in the kitchen, with hot and cold water through a single outlet and provided with liquid soap and paper towels.

 

·         A portable digital thermometer accurate to +/- 1 degree Celsius is required for use in the premises in addition to temperature measuring devices attached to equipment.

 

64.       Food Shop Notification Requirement

           

            Occupation of the premises shall not occur until:

 

a)    Notification of the premise details has been forwarded to the Council.

 

65.       Final Inspection (Food premises)

 

A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before the issuing of the occupation certificate.

 

Waste Management  Conditions

 

66.       All garbage shall be stored in a designated garbage area, which includes provision for the storage of putrescible waste and recyclable material emanating from the premises. Detailed plans and specifications for the construction of the designated garbage area are to be submitted with the Construction Certificate.

 

67.       Garbage area floors shall be graded to a floor waste, which shall be connected to the sewer. No drainage from garbage areas shall be connected directly or indirectly to the stormwater drainage system, Council’s street gutter or Council’s drainage system.

 

68.       Compliance with the submitted and approved Waste Management Plan.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Site Location Plan and Neighbour Notification Plan

3 Pages

 

AT‑2View

Community Consultation Evening letter and map

2 Pages

 

AT‑3View

Community Facility Hire Application

3 Pages

 

AT‑4View

Traffic Survey Results

2 Pages

 

AT‑5View

Extract from Council's Plan of Management for Community Land

2 Pages