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Minutes

Independent Hearing and Assessment Panel Meeting

1 August 2017, 5:00pm

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Independent Hearing and Assessment Panel 1 August 2017

Minutes

 

 

 

PRESENT:                  Hon David Lloyd, QC (Chairman), Ms Lindsey Dey (Planning Expert), Mr David Johnson (Environmental Expert) and Ms Jane Blackmore (Community Expert).

 

ALSO PRESENT:       Mr Michael Mason, Executive Manager, Enviromental Services, Mr Michael Stephens, Town Planner and Angela Panich, Panel Secretariat

 

DECLARATIONS OF INTEREST:  Ms Jane Blackmore declared she had known Patricia Nove and David Johnson declared he had known Brent Courtney.  Both were several years ago and not considered to compromise the Panel.

 

WEBCASTING OF COUNCIL MEETING

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

 

Independent Hearing and Assessment Panel Reports

 

15 Norfolk Rd, Longueville

 

DETERMINATION

 

That pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grants a deferred development consent to Development Application DA 182/2016 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 is to be accompanied by 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 applicant is to submit amended plans showing the proposed dwelling house on Lot 2 having 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

k)         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.

 

 

The decision of the Panel was unanimous

 

 

29A Epping Road, Lane Cove (Tantallon Grandstand)

 

DETERMINATION

 

PART A

 

That pursuant to section 80(3) and 80(4)(b) of the Environmental Planning and Assessment Act 1979, the Independent Hearing and Assessment Panel 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.

           

·        The Draft Management Plan is to be prepared and made available for public consultation.  The plan shall be provided and endorsed by Council which specifies, interalia:

 

Ø  Permissible activities

Ø  Visitor noise (particularly at night)

Ø  Time-tabling

Ø  Lighting

Ø  Construction traffic management

Ø  Pedestrian access and safety at all times

Ø  Community access

Ø  Hours of operation

Ø  Restrictions on the sale and consumption of alcohol

Ø  The Management Plan shall be reviewed 12 months after completion of the facility

·    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-Saturday, 8am-10pm and Sunday 8am–8pm 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.

 

 

Th decision of the Panel was unanimous

 

 

The meeting closed at 6.40pm.

 

 

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