Logo Watermark

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

Independent Hearing and Assessment Panel Meeting

7 November 2017, 5:00pm

 

LC_WebBanner


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 7 November 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 7 November 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 - 3 OCTOBER 2017

 

Independent Hearing and Assessment Panel Reports

 

2.       s96(2) - 14 Haughton Street, Linley Point 

 

3.       22A Wood Street, Lane Cove West

 

4.       164 Longueville Road Lane Cove

 

5.       2-20 Rosenthal Avenue, Lane Cove

 

 

 

 

 

 


 

Independent Hearing and Assessment Panel   7 November 2017

s96(2) - 14 Haughton Street, Linley Point 

 

 

Subject:          s96(2) - 14 Haughton Street, Linley Point      

Record No:    DA15/42-01 - 57777/17

Division:         Environmental Services Division

Author(s):      Michael Stephens 

 

 

 

Property:

14 Haughton Street, Linley Point

DA No:

DA15/42B

Date Lodged:

22 September 2017

Cost of Work:

Unchanged - DA $861,000

Owner:

Mukesh Gupta, Lata Gupta and Naresh Gupta

Applicant:        

Mukesh Gupta

 

Description of the proposal to appear on determination

Section 96 modifications to development consent DA42/2014 relating to conversion of roof top area to a trafficable terrace with privacy screening along the western edge.

Zone

R2 Low Density Residential

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 1a and 10b

Stop the Clock used

Yes

Notification

Neighbours                             1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16-18, 20, 22, 22A, 22B, 24 Haughton Street.

Ward Councillors                   West

Progress Association             Linley Point Progress Association

 

Executive Summary

 

The original development application for the construction of a new dwelling house and swimming pool was determined by the October 2015 Independent Hearing and Assessment Panel. One of the areas of contention that the application raised was the loss of views from the adjoining property known as 18 Haughton Street. The panel imposed a Condition of consent (2(f)) that required the proposed terrace area to be made inaccessible and the planter box along the western edge to be deleted in order to retain a reasonable portion of the view from the objector’s property.

 

The proposal seeks to modify the Development Consent of DA42/2015 by converting the inaccessible roof top area on the upper storey to a trafficable terrace with privacy screening along its western edge.

 

Three submissions were received raising concern as to the potential loss of view from 18 Haughton Street.

 

An assessment of the proposal, with respect to the Land and Environment Court Planning Principle of View Sharing demonstrates that an unreasonable loss of view would occur and that the proposed development would not constitute view sharing.

 

The application is referred to the Independent Hearing and Assessment Panel due to its history and the contentious nature of the issue of View Sharing. The application is recommended to be refused.  

 

SITE

Property

Lot 1, DP 15192

Area

815.7m2

Site location

The southern side of Haughton Street between Brooks Street to the east and Linley Place to the west

Existing improvements

Partially constructed part 2 and part 3 storey dwelling house. The overall structure of the building has been constructed at the time of lodgment for this application to modify the consent.

Topography

Irregular as the site falls from its north-western corner at the front to the south-eastern corner at the rear by approximately 10.42m.

Dimensions

Width: 15.24m at the front and 16.072m at the rear

Depth: 50.98m at the eastern boundary and 56.084m at the western boundary

Adjoining properties

East: A two storey dwelling house at 10 Haughton Street

West: A single storey dwelling house at 16 Haughton Street

North: Haughton Street, beyond which are two storey dwelling houses.

South: A two storey dwelling house located on 12 Haughton Street. 

 

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

 

PREVIOUS APPROVALS/HISTORY

 

The dwelling house under construction was approved by the October 2015 Independent Hearing and Assessment Panel subject to a Deferred Commencement relating to stormwater issues and further subject to additional conditions.

 

The original proposal resulted in a devastating loss of view for the adjoining neighbour at 18 Haughton Street. The amended proposal reduced the overall building form on the upper storey to maintain views across the property to the iconic view of the Harbor Bridge. The area where the additional bedroom was removed from the upper storey was then proposed to be utlised as an outdoor terrace with glass balustrading surrounding its edge. A planterbox was proposed along the western edge with hedging. The officer’s report recommended that the hedging be Conditioned to a height of 1.5m above FFL in order to provide privacy to the adjoining property at 18 Haughton Street.

 

The Independent Hearing and Assessment Panel determined the application, although in doing so, required the roof terrace area to be deleted and the area be shown as inaccessible.   At the time of the determination the Panel stated that when the planter box is considered on top of the terrace area that the impact on the view of the water and shore line particularly in a seated position which is one of the most normal ways of observing the view would be considerable. Therefore it was the panel’s opinion that the whole terrace to the south of the bedroom on the first floor level should be inaccessible and the planter box and balustrading on the plans be deleted. This was reflected by Condition 2(f) of the consent that read:

 

2(f)      The Terrace shown on the First Floor Plan south of the southern-most Bedroom on that level to be deleted as a Terrace along with the planterbox and balustrades shown on the plans and elevations.  That area is to be shown as an inaccessible roof area. The planterbox, in being deleted, shall have its upstands removed, and the western roof edge parapet shall match the other roof edges at RL43.530.  A balustrade preventing access to this roof area, to be shown across the opening between the eastern terrace on the First Floor and this roof.  The balustrade to be located adjacent to the corner wall at windows W23 and W22, and connecting across to the balustrade of the eastern terrace.  The balustrade to be 1.8m high above the terrace floor and designed without foot or hand holds that would enable it to be climbed over. 

 

The deferred commencement was satisfied through the provision of additional information and the Consent made operative on the 23 November 2015.

 

A section 96 application was approved on 24 May 2016 relating to the demolition and construction of similar retaining walls along the eastern and south boundaries due to structural inadequacies.

 

PROPOSED MODIFICATION

 

Extend terrace area on the upper storey to the south of the southernmost bedroom over the roof area of the ground floor below.

 

The terrace would have a width of 9.8m and a depth of 6.5m.

 

Translucent balustrading to a height of 1.5m along the western edge of the terrace. The remainder of the terrace has clear glass balustrading to a height of 1m above Finished Floor Level. 

 

Condition 2(f) of the Consent would be required to be deleted or modified.

 

ENIVONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

Under the provisions of section 96(2) the consent may be modified if the following requirements are met.

 

s96(2)(a) Is the modified development substantially the same?

The proposed modification would result in substantially the same development. The modification would increase the area of terrace adjacent to the upper storey bedrooms of a dwelling house.

s96(2)(b)  Consultation with the relevant Minister, public authority or approval body

There is no requirement to consult with any Minister, public authority or approval body as a result of the proposal.

s96(2)(c)  Notification of application to modify consent

The s96 application was notified in accordance with Council’s Notification Policy.

s96(2)(d)  Consideration of submissions

Three submissions were received and the issues raised have been assessed under the provision of s79C(1)(d). 

s96(3) Assessment of the proposed modification

An assessment of the proposal is required in relation to s79C(1) of the Act. The assessment is as follows.

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density                                 Site Area: 815.7m²

 

 

Proposed

Control

Complies

Floor Space Ratio

Unchanged

0.5:1

Unchanged

Height of Buildings

Unchanged

9.5m

Unchanged

 

Comprehensive DCP

 

Part B.4

 

Proposed

Control

Complies

View Sharing

Use of a roof area as a trafficable terrace and privacy screening along the western edge of the terrace.

Development is not to unreasonably affect existing water views from living areas of adjoining dwellings.

No, refer to assessment in response to notification. 

 

 

Part C

 

Proposed

Control

Complies

Side setback (min)

Unchanged

1200mm single storey

1500mm two storey

Unchanged

Rear setback (min)

Unchanged

<1000m²: 8m or 25%

Unchanged

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

Unchanged

7.0m

Unchanged

Number of Storeys (max)

Unchanged

2

Unchanged

Solar Access

Slight increase in overshadowing to the rear of the adjoining property would occur although is considered reasonable.

3 hrs to a portion of windows of habitable rooms and reasonable access to recreation areas between 9am and 3pm on 21st June for the subject site and neighbouring dwellings

Yes

Deck/Balcony depth (max)

6.25m

Elevated by at least one storey.

3m if elevated > 1m

No

Private open space

Further increased

24 m² (min)

4m minimum depth

Yes

 

REFERRALS

 

No referrals were sought due to the nature of the proposed modification.

 

Environmental Planning Instruments

 

Lane Cove LOCAL Environmental Plan 2009

 

The proposal is permissible, complies with the development standards for Floor Space Ratio and Height although does raises issues in regard to the Lane Cove Local Environmental Plan 2009.

 

The proposed development would not meet the R2 Low Density Residential zone objective “to retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area.” as the residential amenity of the adjoining dwelling would not be retained. The proposed modification would result in an undue loss of views for the adjoining property known as 18 Haughton Street. 

 

Deemed State Environmental Planning Policy Sydney Regional Planning Policy (Sydney Harbour Catchment) 2005

 

The subject site is within the Foreshores and Waterways area specified in SREP (Sydney Harbour Catchment) 2005. Part 2 of the SREP sets out planning principles for land within the Sydney Harbour Catchment and Part 3 of the SREP sets out matters for consideration. The proposed modification raises no issues that would be in conflict with the objectives or provisions of the SREP.

Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005

The proposed modification would not result in an impact to the landscape character of defined as Landscaped Area Type 9 as viewed from the Harbour. The development is restricted to the existing approved building envelope and does not require the removal of vegetation or natural features.

Variations to Council’s Codes/PolicIes

 

The preceding policy assessment table identifies those controls that the proposal does not comply with.  Each of the departures is discussed below.

 

Control

Proposed

Comment

Council support

LC DCP Part B.4 View Sharing

Terrace area within the remaining easterly view corridor to the Sydney Harbour Bridge and Lane Cove River of 18 Haughton Street.

 

 

The provision of view sharing is discussed in response to the neighbour’s submission.

 

Refer to subheading “Response to Notification”

 

 

 

No, the proposed modification does not meet the relevant DCP objectives of View Sharing as the development fails to fairly share the water view with its fellow adjoining foreshore resident.

 

LC DCP Part C.1.8.2c - Elevated decks are not to exceed a maximum depth of 1m

Terrace area 9.8m x 6.5m elevated two storeys.

The terrace area is excessive in size and would require at a minimum privacy screening to be installed as proposed along the western edge of the terrace. As this would result in an unacceptable loss of views to the adjoining property privacy cannot be achieved and therefore the terrace area is not supported.

Acoustic Privacy would also be difficult to address due to its elevated location and the lack of vegetation or similar prevent sound propagating.

No, any terrace area whether as proposed or reduced in depth would be required to provide adequate privacy screening to the adjoining property. The provision of view sharing must first be satisfied.

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

 

Four submissions were received in response to the application, all pertaining to the potential view loss that may occur from 18 Haughton Street and the excessive size of the terrace area.

 

The submission of the affected owner is addressed below.

 

·    A loss of Iconic and Harbour views would occur if the inaccessible roof area were to be used as a terrace. A larger portion of the view once gained has been lost and the proposed modification would obliterate the remaining view.

 

Planner’s Comment: A site visit of the subject site and the neighbour’s house was undertaken in order to assess the degree of view sharing between the properties.

 

It is evident that the construction of the subject dwelling house results in a notable although not unreasonable loss of views as enjoyed by 18 Haughton Street, the dwelling house located directly to the west of the subject property. The proposed modification would result in a further erosion of the view and compromise what can be described as the most sought-after portion of their view.  The view includes a large portion of the Lane Cove River and the Sydney Harbour Bridge.  The Sydney Harbour Bridge is described as an Iconic View. The provision of balustrading or privacy screening and how the view is enjoyed, for instance from a seated or standing position, would affect the extent of the impact.

 

The view is gained from the principle living area of 18 Haughton Street located on the first floor facing East over a side boundary and is gained from both a standing and seated position. The standing position offers a greater view of the Lane Cove River although the Sydney Harbour Bridge can be clearly viewed from both a seated and standing position. A view of the Lane Cover River is also gained looking over the rear setback area of the subject property in a southeasterly direction.

 

As proposed, with a 1.5m high translucent privacy screen along the western edge of the terrace the views of Lane Cover River over the building would be lost from even a standing position. The view of the Sydney Harbour Bridge would be compromised from a seated position although would remain possible although limited from a standing position. The Impact to views would be severe even without considering the loss of view that has already occurred.

 

There are two other potential options that could be explored that may allow this area to be utilised as a terrace and without resulting in an unreasonable loss of views.

 

Firstly, balustrading with a minimal and transparent design could be used to border the terrace. This may allow a view although obscured to be gained over the terrace to the Lane Cove River. The height of the balustrading at the minimum of 1m as to comply with the BCA would not impact the view to the Sydney Harbour Bridge from either a seated or standing view. The issue with this solution is that there is further potential for view loss as any manor of outdoor furniture, pot plants, shade structures or other articles could be placed on the terrace area further eroding the view of Lane Cove River and likely blocking the view of the Sydney Harbour Bridge. This solution would still result in an unreasonable loss of views.

 

Furthermore the use of balustrading along the western edge in substitution for the proposed privacy screening would result in undue overlooking to the backyard of 18 Haughton Street. Whilst there is approximately 18m of separation between the dwelling and the terrace there would also be potential for overlooking to the picture window of their living room.

 

The second option would be to reduce the depth of the terrace to a compliant depth of 3m. This would enable a greater portion of the view to be retained unobscured. An assessment of this option still shows that portion of the view of the Sydney Harbour Bridge would be lost. Realistically the terrace depth would need to be reduced to 1-1.5m in order to retain the bridge view from the principal living area of 18 Haughton Street. It is noted though that this would still result in a further erosion of the views enjoyed of the Lane Cove River and the land water interface of the Riverview foreshore. This aspect of the view also provides context to the larger view down the River towards the Sydney Habour Bridge.

 

A holistic assessment of the existing views from each property shows that the principle of view sharing is currently being achieved. The subject property already enjoys panoramic views of the Lane Cove River with the Iconic view of the Sydney Harbour Bridge as its centerpiece. This view is gained unobstructed over two levels from 17m wide, 3-4m deep balconies. Additional views are also gained from the cabana area at the rear of the property. 18 Haughton Street enjoys only a portion of this view. Any further erosion of their view in order for the subject site to gain additional balcony areas to enjoy a view that they already have unrestricted access to would be unreasonable and would not constitute view sharing.

 

·    The proposed terrace would overlook the rear of 18 Haughton Street and several other neighbours

 

Planner’s Comment: The proposed terrace includes the provision of privacy screening along the western edge of the terrace that would prevent overlooking to 18 Haughton Street. Were the application to be approved an appropriate condition of consent would be recommended that would ensure that the Privacy Screening proposed would be not less than 1.7m above finished floor level in order to ensure its effectiveness.  Other properties surrounding the site may be overlooked although generally these areas are not private open space and are of sufficient separation in order to establish visual privacy.

 

·    The proposed terrace exceeds the size permitted in the DCP.

 

Planner’s Comment: The proposed terrace would exceed the maximum depth for elevated terraces. In order to retain the amenity of surrounding properties were the application to be approved an appropriate condition of consent could be recommended that would reduce the depth of the terrace to 3m and therefore assisting in the provision  of acoustic privacy to adjoining properties as the potential for large gatherings is reduced. 

 

·    Roof terraces and decks above the upper storey are prohibited.

 

Planner’s Comment: The proposed terrace would not technically constitute a deck above the upper storey.

 

CONCLUSION

 

The matters in relation to Section 79C and Section 96(2) of the Environmental Planning and Assessment Act 1979 have been considered.

 

The proposed modification would result in an unreasonable loss of views for the adjoining property that would be contrary to the Lane and Environment Court Planning Principle regarding View Sharing.

 

On balance the proposed development would be unreasonable and therefore is recommended for refusal.

 

 

RECOMMENDATION

 

That pursuant to section 80(1)(b) of the Environmental Planning and Assessment Act 1979, the Council refuse to modify the development consent of Development Application DA42/2015 for the conversion of a roof top area to a trafficable terrace with privacy screening along the western edge on Lot 1, DP 15192 known as 14 Haughton Street, Linley Point for the following reasons.

 

1.  The proposed modification would result in an unreasonable loss of views from the adjoining property at 18 Haughton Street, Linley Point. 

 

Particulars

a.         The view impacted is of the Sydney Harbour Bridge and the Lane Cove River including the land water interface with the foreshore areas of Riverview and Longueville.

b.         The view is gained from only the principle living area of 18 Haughton Street and can be enjoyed from both a seated and standing position.

c.         The Sydney Harbour Bridge is characterised as an Iconic View

d.         Water views that include the land water interface are valuable.

e.         As proposed the view of the Sydney Harbour Bridge would be lost from a seated position and reduced from a standing position.

f.          As proposed the views of the Lane Cove River and land water interface would be lost from both a seated and standing position.

g.         Alternative reduced schemes would still result in a serve erosion of the remaining view.

h.         Given the uninterrupted panorama views available to the applicant over two levels of east facing terraces, the erosion of the remaining view of 18 Haughton Street would not be consistent with the principals of View Sharing.

 

2.  The proposed modification is inconsistent with the objectives of the zone.

 

Particulars

a.         LCLEP 2009 identifies the subject property of 14 Haughton Street and the affected adjoining property of 18 Haughton Street as R2 Low Density Residential.

b.         The relevant objective of the R2 Low Density Residential zone is:

 

 

“To retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area”

 

c.         The proposed modification would fail to retain the existing amenity of the adjoining dwelling house in regards to views. 

 

3.  The proposed modification would result in an unreasonable loss of privacy for adjoining properties.

 

Particulars

a.         The proposed terrace area is elevated by at least one storey and has a depth of 6.5m for a width of 9.8m.

b.         Clause 1.8.2 of LCDCP 2009 provides that elevated decks are to have a minimum depth of 3m unless acoustic and visual privacy can be addressed.

c.         The proposed depth of 6.5m with consideration to its width would result in an undue loss of acoustic privacy to adjoining properties as large gatherings would be likely to occur on the terrace which would allow sound to propagate uninhibited by screening, vegetation, or similar.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Notification Map - 14 Haughton Street,

2 Pages

 

AT‑2View

Site Location Plans

2 Pages

 

 

 


 

Independent Hearing and Assessment Panel   7 November 2017

22A Wood Street, Lane Cove West

 

 

Subject:          22A Wood Street, Lane Cove West    

Record No:    DA17/105-01 - 51996/17

Division:         Environmental Services Division

Author(s):      Stan Raymont 

 

 

 

Property:

22A Wood Street, Lane Cove West

DA No:

DA 105/2017

Date Lodged:

25 July 2017

Cost of Work:

$214,418

Owner:

A D Myers & J Bryant

Applicant:        

Cape Cod Aust. Pty Ltd

 

Description of the proposal to appear on determination

Construction of a first floor addition to the existing dwelling house

 

 

Zone

R2 (Low Density Residential)

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

 

Is the land riparian land

No

BCA Classification

Class 1a and 10b

Stop the Clock used

Yes, from 11.8.17 to 28.8.17

Notification

 

 

 

 

Neighbours                             17-21, 18, 20, 22, 23, 24, 24A, 25, 26, 26A, 27, 29, 33 Wood Street

Ward Councillors                   All Councillors & The Mayor

Progress Association             Lane Cove West Residents                                                Association

 

SITE

 

The subject property is described as Lot 1, DP 841487. The site is located on the western side of Wood Street.

 

The site is one of the two allotments created by the subdivision of a regular allotment along the street. The subdivision is in the form of a battle axe which has created one allotment towards the front adjoining the street (22A Wood Street) and another towards the rear (22 Wood Street). The area of the subject site is 353.8m2 which is significantly smaller than the regular allotments along the street. The site is irregular in shape.

 

The access handle of the battle axe is in between the subject property and 20 Wood Street which is the property towards the south.

 

The property towards the north of the site (24 and 24A Wood Street) has also been subdivided in a similar manner as the subject property. These subdivided allotments have single storey dwelling houses. 

The property towards the south (20 Wood Street) is a larger property which has not been subdivided. The property has a one and two storey brick and weatherboard dwelling house with tiled and metal roof. Towards the rear of the property is a swimming pool.

 

The subject property and the adjoining properties fall towards the rear. The subject site has a single storey face brick dwelling house with a pitched tiled roof. The steep fall creates an undercroft below the building towards the rear which is used as workshop/storage.

 

The subject property and all properties along the street are oriented East West. Given the orientation, each dwelling house overshadows the property towards the South.  Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

EXECUTIVE SUMMARY

 

The subject premises consist of a single storey dwelling house with a workshop/storage area under the ground floor located towards the rear being the western side of Wood Street.  There is a battle axe allotment at the rear with an access handle on the southern side of 22A Wood Street.

 

The proposal is to construct a first floor addition over approximately the southern half of the existing dwelling house.

 

The proposed development would comply with the LEP Floor Space Ratio and Height development standards.

 

The proposed development would comply with most of the DCP provisions with the exception of rear setback, external wall height, number of storeys and solar access. The DCP non compliances are considered reasonable given the small size, irregular shape, the slope and the east west orientation of the site.

 

The application was notified in accordance with Council’s notification policy. Two submissions were received in response to the notification.

 

The submission from 20 Wood Street expressed concern in relation to overshadowing, loss of solar access, loss of privacy, location and scale of the addition.

 

The submission from 22 Wood Street expressed concern in relation to excessive external wall height, loss of privacy, overlooking, location and scale of the addition.

 

Notwithstanding the numerical DCP non compliances, the impacts of the proposed development are considered reasonable and recommended for approval subject to draft conditions including condition 4 to address privacy concerns raised by 20 and 22 Wood Street.

 

The application is referred to Council’s IHAP for consideration and determination given the concerns raised by the adjoining residents.  

 

PREVIOUS APPROVALS/HISTORY

 

DA 97/10

Alterations and additions to dwelling house

 

 

PROPOSAL

 

The proposal is to construct an additional storey over approximately the southern half of the existing dwelling house.  The additional storey consists of bedroom 4 with a walk in robe, bedroom 5, study, shower/toilet, hall and stairs from the ground floor level.  The roof would be pitched and covered with tiles.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density                                 Site Area:       353.8m²

 

 

Proposed

Control

Complies

Floor Space Ratio

0.52:1

0.6:1

Yes

Height of Buildings

8.6m

9.5m

Yes

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Front setback (min)

 

Additional Storey – 8.355m

Consistent with area or 7.5m

Yes

 

Side setback (min)

 

 

 

Additional Storey – 1.395m

 

 

1500mm two storey

 

 

 

May be permitted as over existing footprint

Rear setback (min)

 

Additional Storey – 2.77m to 11.545m

<1000m²: 8m or 25%

 

No, but over existing footprint

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

 

 

Additional Storey – 7.3m

 

 

7.0m

 

 

 

No, but considered satisfactory due to fall of land

Maximum Ridge height

8.6m

9.5m

Yes

Subfloor height (max)

Unchanged

1m

Unchanged

Number of Storeys (max)

 

 

 

3 storeys.

Over a small area approximately 1.0m in length along the external wall towards the rear.

 

 

2 storeys

 

 

 

No, but considered satisfactory due to fall of land which has created an undercroft area.

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

Unchanged

 

 

 

35%

 

 

 

Unchanged

 

 

 

Cut and Fill (max)

Unchanged

1m

Unchanged

Solar Access

 

 

 

 

 

3 hours to the north facing upper floor bedroom window.

 

The addition may cast a shadow on the roof light.

3 hrs to north facing windows

 

 

 

 

Yes.

 

 

No but considered satisfactory in view of the constraint orientation of the site

Deck/Balcony depth (max)

N/A

 

3m

 

N/A

 

Private open space

 

> 24m2 (min)

> 4m minimum depth

24 m² (min)

4m minimum depth

Yes

 

Basix

Yes

Required

Yes

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

1 (Unchanged)

1

Unchanged

Driveway width

Unchanged

3m at the lot boundary

Unchanged

 

Carports within the Front Setback & Garages Facing the Street

 

 

Proposed

Control

Complies

Setback of Carport Posts (min)

Unchanged

 

1m from street boundary

 

Unchanged

 

% of Allotment Width (garages & carports)

Unchanged

 

50% of lot width or 6m, whichever is the lesser

Unchanged

 

 

Fences

 

 

Proposed

Control

Complies

Front fence height (max)

 

Unchanged

 

Solid:              900mm

Lightweight:    1.2m

Unchanged

 

Setback from front boundary if > 1.2m

N/A

 

1m

 

N/A

 

Side and rear fences

Unchanged

1.8m

Unchanged

 

Outbuildings (Carport)

 

 

Proposed

Code

Complies

Overall Height (m) (max)

Unchanged

3.6m

Unchanged

External wall height (max)

N/A

2.4m

N/A

Maximum floor space

Unchanged

50 m²

Unchanged

No of Storeys

Unchanged

1

Unchanged

 

REFERRALS

 

Development Engineer

 

No objections raised subject to recommended draft conditions.

 

Tree Assessment Officer

 

No objections raised subject to recommended draft conditions.

 


 

Bushfire Prone Land

 

The premise is located within bushfire prone land.  The applicant has submitted a self-assessment showing a BAL-29.  The self-assessment was referred to the NSW Rural Fire Service who have recommended draft conditions which require the property to be maintained as an Inner Protection Area as outlined in Planning for Bushfire Protection 2006. The draft conditions have been included in the recommendation in this report.

 

 

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

 

The proposal is permissible with consent from Council. The site is constrained by way of size as the area of the site is 353.8m2 which is less than the minimum lot size as indicated in Council’s LEP.  For orderly development and to allow for a dwelling house of a reasonable size which would provide for adequate amenity to the residents Council’s LEP has permitted a higher FSR. The site has an FSR of 0.6:1 under the LEP.

 

The proposed development complies with the development standards for Floor Space Ratio and Height and does not raise any issues in regard to 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 type 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 would require the application of a relevant condition seeking compliance with the Standard.

 

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.

 

Wall Height – Council’s DCP 2010 specifies:

 

·   The maximum wall height to the underside of eaves for any floor above ground level (existing) is 7.0m to minimise the bulk and massing.

 

The wall height as proposed generally complies with the 7m requirement with the exception of a small portion, being approximately 1m in length, towards the rear where the wall height is 7.3m above the adjoining ground level.  The non-compliance is as a result of the land falling away towards the rear and is considered satisfactory.

 

Side Setbacks:  Council’s DCP 2010 specifies:

 

·   Side setbacks are to be a minimum of 1.2m for a single storey dwelling and 1.5m for a two storey dwelling.

 

·   First floor additions are to meet the above setback requirements.  Where it can be demonstrated that there are no unreasonable amenity impacts, additions can maintain the existing setback of the floor below.

 

It may be noted that half the width of the battle axe handle is part of the subject property and the other half part of 22 Wood Street, with both properties having reciprocal rights of way. While the setbacks are measured to the side boundary of the subject property which would be approximately the middle of the access handle, the physical distance between the building on the subject property to the northern boundary of 20 Wood Street would be greater than the numerical setback.

 

The southern wall of the existing dwelling house a minimum distance of 1.175m from the southern side boundary and 2.3m from the northern boundary of 20 Wood Street.

 

It is proposed that the southern wall of the upper floor addition would be setback slightly further at a distance of 1.395m and 2.6m from the northern boundary of 20 Wood Street.

 

Given the physical separation between the existing building and proposed first floor addition from the northern boundary of 20 Wood Street being approximately 2.6m, it is considered that the first floor addition could follow the existing setback of the floor below given that the amenity impacts with regard to overshadowing and privacy are not considered unreasonable.

 

Number of Storeys – Council’s DCP 2010 specifies:

 

·   A maximum of 2 storeys plus basement is permissible at any point above ground level (existing).  No building will be permitted to have an appearance (in elevation) exceeding three storeys in height.

 

The dwelling house and the proposed addition, would be mostly one and two storey with the exception of a small area at the rear which has a workshop/store under the ground floor level and would be 3 storeys in height.  The area of the non-compliance is small being approximately 1.0m in length along the external wall towards the rear. This is due to the fall of the land to the rear and is considered satisfactory.

 

Solar Access and Overshadowing – Council’s DCP 2010 specifies:

 

1    Dwellings or additions shall be so designed and orientated so as to give reasonable sunlight to the habitable rooms and recreational areas of the subject site and adjoining premises between 9.00am and 3.00pm on 21st June.  In particular, dwellings are to be so located and designed that a portion of windows of neighbouring dwellings receive at least 3 hours of sun between 9am and 3pm on 21st June.

 

2    Council may accept reduction in solar access for the subject site and adjacent development if the topography and lot orientation is such that the 3 hour standard is considered unachievable.

 

3    Where adjacent dwellings and their open space already receive less than 2 hours of sun then new development should seek to maintain this solar access where practicable.

 

A review of submitted shadow diagrams and site visit has indicated the following.

 

At 9.00am on the winter solstice the existing building overshadows all the windows on the ground floor being windows to utility rooms and most of the north facing window of the upper floor bed room of 20 Wood Street. The proposed addition would overshadow the remaining small portion of this first floor window.

 

At 12.00 noon the existing dwelling allows solar access to the shower and store windows. The proposed addition would overshadow the laundry window. The proposed addition would not overshadow the north facing window of the upper floor bed room of 20 Wood Street which would receive solar access. It may overshadow the TV room’s roof light.

 

At 3.00pm the existing building allows for solar access to all the three ground floor utility room windows. The proposed addition would not overshadow the north facing window of the upper floor bed room which would receive solar access. The north facing window on the upper floor bed room would receive the three hour solar access.

 

In view of the above it is considered that proposed extension would allow for 3 hours solar access to the north facing window on the upper bed room window. In this respect it is considered that the proposed development would comply with the DCP provision. While not a DCP provision, the proposed development would allow for marginally less than 3 hours solar access on the TV room’s roof light.

 

Given the constraints with respect to orientation and slope of the land, it is considered that the solar access and overshadowing satisfactory and the proposed development reasonable.

 

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

 

Two submissions have been received in response to the notification of this application. Issues raised in the submissions may be summarised as follows.

 

Submission from 20 Wood Street, Lane Cove West

 

Overshadowing/loss of light

 

·    The proposal would cause an overshadowing impact on 20 Wood Street in particular that the proposal is non-compliant with the wall height control.

 

Officer’s comment:

 

The proposed development would allow for 3 hours solar access to the north facing window on the upper bed room window. In this respect the proposed development would comply with the DCP requirement. However, while not a DCP provision, the proposed development would allow for marginally less than 3 hours solar access on the TV room’s roof light. Given the orientation and topography of the site, the proposed development is considered acceptable and overshadowing impacts reasonable.

 

Loss of privacy and overlooking

 

·    The proposed windows on the western elevation would overlook the back yard and pool area of 20 Wood Street (including the outdoor entertaining area). 

 

Officer’s comment:

 

The proposed small window on the western elevation would not permit overlooking in the back yard given that it is highlight and provides light to a stairwell which has its stair flight descending.

 

The larger window serves Bedroom 4 which is considered a low use room.  However due to the window size and location it is considered that to assist privacy, the bottom half of the proposed window be fixed and obscure. This would be draft condition 4.

 


 

Siting and scale

 

·    The development is incompatible, sited towards the north creating overshadowing, overlooking and visual bulk

 

Officer’s comment:

 

The proposed FSR is 0.52:1 being less than the maximum permissible which is 0.6:1. The proposed development would be within the maximum permissible height limit. To allow for a dwelling house of a reasonable size which would provide for adequate amenity to the residents Council’s LEP has permitted a higher FSR. In this respect the the bulk and scale of the proposed development is considered acceptable.

 

Submission from 22 Wood Street, Lane Cove West

 

Wall Height,

 

·    The proposed wall height is non-compliant, excessive and faces the front yard of 22 Wood Street.

 

Officer’s comment:

 

The wall height as proposed generally complies with the 7m requirement with the exception of a small portion, being approximately 1m in length, towards the rear where the wall height is 7.3m above the adjoining ground level.  The non-compliance is as a result of the land falling away towards the rear and is considered satisfactory.

 

It may be noted that proposed finished ceiling height is 2.4m which is the minimum permissible under the building code and cannot be reduced further.

 

Loss of Privacy

 

·    The proposed development contains a large window overlooking the property at 22 Wood Street. 

 

Officer’s comment:

 

The larger window serves Bedroom 4 which is considered a low use room.  However due to the window size and location it is considered that to assist privacy, the bottom half of the proposed window be fixed and obscure. This would be draft condition 4.

 

Overshadowing.

 

·    The proposed development would reduce morning sunlight access to the living area facing the front yard and cause excessive overshadowing to the front yard of 22 Wood Street. 

 

Officer’s comment:

 

The shadow diagrams indicate that the dwelling house on 22 Wood Street (dwelling house towards the rear) would not be overshadowed during the winter solstice by the proposed addition and is therefore considered reasonable in this context.

 


 

CONCLUSION

 

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

 

The application meets with the Floor Space Ratio and Height controls as required in the Lane Cove Local Environmental Plan 2009 and meets with the Part C Residential Development Objectives in the Lane Cove Development Control Plan.

 

The DCP non compliances are considered reasonable given the site constrains being of a small size, irregular in shape, having a fall towards the rear and having an east west orientation.

 

Subject to the bottom half of the window on the western elevation of bedroom 4 being treated, the proposed development is considered reasonable and recommended for approval.

 

 

 

RECOMMENDATION

 

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

·    Development Application DA 105/2017

·    For the construction of a first floor addition to the existing dwelling house

·    On 22A Wood Street, Lane Cove West

 

subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with drawing numbers 7833/17-1E, 2E, 3E, 4E, 5E, 6E, 7E, 8E dated 20-07-17, Site and Context Analysis Plan, Site Stormwater Drainage Control Plan all by Cape Cod Australia;  except as amended by the following conditions.

 

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

 

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

 

4.         To help provide privacy for 20 and 22 Wood Street, the bottom half of the proposed window    in the western elevation of bedroom 4 being of fixed obscure glazing.  Plans being altered    to comply prior to the issue of a Construction Certificate.

 

5.         (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.

 

6.         (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.

 

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 4.00pm

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

 

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

 

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.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

12.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

a)      the name, address and telephone number of the Principal Certifying Authority;

b)      the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)      a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

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

 

14.       (51) Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the preservation of trees and vegetation must be made at the Council Chambers, Lane Cove.

 

15.       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 dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

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

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

d)      Waterproofing of wet areas.

e)      Stormwater drainage lines prior to backfilling.

f)       Completion.

 

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

 

a)         Upper level floor framing.

 

17.       (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.

 

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

 

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

 

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

 

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

 

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

 

23.       (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.

 

24.       (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.

 

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

 

Rural Fire Service Conditions

 

The NSW Rural Fire Service was contacted seeking advice regarding bush fire protection for this property for Land Use Application in accordance with Section 79BA of the ‘Environmental Planning and Assessment Act 1979’.  The Service has provided the following recommended conditions:

 

26.       Asset Protection Zones

 

            The intent of measures is to provide sufficient space and maintain reduced fuel loads so as    to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame    contact with a building.  To achieve this, the following conditions shall apply:

 

          1.            At the commencement of building works, and in perpetuity, the entire property shall                be managed as an Inner Protection Area (IPA) as outlined within Section 4.1.3 and                Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire                    Service’s document ‘Standards for asset protection zones’.

 

27.       Water and Utilities

 

            The intent of measures is to provide adequate services of water for the protection of             buildings during and after the passage of a bush fire, and to locate gas and electricity so as             not to contribute to the risk of fire to a building.  To achieve this, the following conditions             shall apply:

 

            2.         The provision of all new water, electricity and gas services shall comply with Section                         4.1.3 of ‘Planning for Bush Fire Protection 2006’.

 

 

28.       Design and Construction

 

            The intent of measures is that buildings are designed and constructed to withstand the             potential impacts of bush fire attack.  To achieve this, the following conditions shall apply:

 

            3.         The entire roof and all new construction on the southern and western elevations of                         the proposed second storey addition shall comply with Sections 3 and 8 (BAL 40)             Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone                              areas’ or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed                                  Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum                       Appendix 3 of ‘Planning for Bush Fire Protection 2006’.

 

            4.         New construction on the northern and eastern elevations of the proposed second             storey addition shall comply with Section 3 and Section 7 (BAL 29) Australian                                Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ or NASH                     Standard (1.7.14 – updated) ‘National Standard Steel Framed Construction in                                Bushfire Areas – 2014’ as appropriate and Section A3.7 Addendum Appendix 3 of                        ‘Planning for Bush Fire Protection 2006’.

 

 

 

29.       Landscaping

 

            5.         Landscaping within the site is to comply with the principles of Appendix 5 of                                   ‘Planning for Bush Fire Protection 2006’.

 

General Advice – consent authority to note

 

The requirement to construct to BAL 40 standards is based on the proposed works being setback approximately 27 metres to a 1015 degree downslope forest hazard to the southwest and approximately 35 metres to a 510 degree downslope forest hazard to the west.  It should be noted that the elevated nature of the proposed works mean that considerations taken into account in previous assessments on the site, such as shielding, do not apply to this proposal.

 

General Engineering Conditions

 

30.     (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.

 

31.     (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. 

 

32.     (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.

 

33.     (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.

 

34.     (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.

 

35.     (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.

 

36.     (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’.

 

Engineering conditions to be complied with prior to Construction Certificate

 

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

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

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

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

 

38.     (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

 

39.     (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

 

40.     (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. 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Neighbour Notification Plan

2 Pages

 

AT‑2View

Site Location Plans

2 Pages

 

 

 


 

Independent Hearing and Assessment Panel Meeting 7 November 2017

164 Longueville Road Lane Cove

 

 

Subject:          164 Longueville Road Lane Cove    

Record No:    DA17/132-01 - 58191/17

Division:         Environmental Services Division

Author(s):      Natalie Piggott 

 

 

Property:

164 Longueville Road Lane Cove

DA No:

132/2017

Date Lodged:

14/09/2017

Cost of Work:

$300,000.00

Owner:

Lane Cove Council

Applicant:        

Lane Cove Council

 

Description of the proposal to appear on determination

Upgrade Community Centre with internal alterations and external works

Zone

B2 Local Centre

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 5, 6 & 8, Class 9b and Car Park Class 7a

Stop the Clock used

No

Notification

Surrounding neighbours in accordance with notification policy

Ward Councillors – Central Ward Councillors

Osbourne Park Residents Association          

IHAP

Yes

 

SITE

 

Property

164-180 Longueville Road Lane Cove, Lot 178 in DP1083542

Property is Council owned land with a group of buildings located on the allotment.

Area

Overall site: 4,333m²

Development area: 1,465.9m²

Site location

Site is located within the Lane Cove Local Centre opposite the Lane Cove Library.

Existing improvements

Existing site is currently occupied by the Lane Cove Community Centre, which has an existing part two (2) part three (3) storey community building, Centre Housing and Community Art Centre and The Hearing Centre with public carparking provided on the site.  

Shape

The site is generally regular in shape.

Dimensions

The site has a frontage along Longueville Road of 28.04m and rear boundary of 35.355m.                            

Adjoining properties

East: Retirement Village, West: Lane Cove Library and commercial premises,

North: Heritage Item at 162 Longueville Road commercial premises,                           South: Residential flat building

 


 

EXECUTIVE SUMMARY

 

The development application seeks consent for the internal alterations and additions to the existing community facilities including minor external works and display box at 164 Longueville Road Lane Cove.  The subject site is known as the Lane Cove Community Centre and consists of a part two (2) part three (3) storey building with rear car parking.  

 

The application would comply with the LEP Floor Space Ratio and Height development standards.

 

The application would meet the DCP provisions.

 

The application was notified to surrounding residents in accordance with Council’s notification policy.  No submissions were received as a result of the notification.

 

The application is recommended for approval subject to draft conditions.

 

The application is referred to the Lane Cove Independent Hearing and Assessment Panel for consideration and determination given that the development is proposed on Council Land and exceeds $100,000.00.

 

 

SITE AND SURROUNDING LOCALITY

 

The site is legally described as Lot 178 in DP1083542 and formally known as 164 to 180 Longueville Road Lane Cove.  The site is a large amalgamated Council owned allotment with 4 separate buildings supporting various community facilities, namely:

 

-     164 Longueville Road which is the Lane Cove Community Centre

-     174 Longueville Road occupied by Hearing Centre.

-     178 Longueville Road which is Centre House and Community Art Centre.

-     180 Longueville Road which is Lane Cove Seniors Centre.

 

The subject building, for which this application relates to, is located at the eastern side of Longueville Road close to the intersection of Central Avenue.  The building comprises of a part two (2) part three (3) three storey building with the lower two levels being used for community facilities.  The rear of the lowest floor level is used for parking and the top level has a terrace at the front and is accessed by a lift and steel stairs.  Site Plan and Notification Plan attached (AT1 and AT2).

 

Figure 1: Site and location of development proposal

 

PREVIOUS APPROVALS/HISTORY

 

DA212/2012

Minor alterations to ground floor, new entrance and signage

DA51/2011

Replace windows and relocate entry door

DA140/2009

Air conditioning unit and fire escape ladder

DA67/2009

Install air conditioning unit and replace existing signage

DA329/2008

Refurbish existing playground

DA233/2008

Internal alterations to senior citizens centre

DA187/2008

Temporary Signage

DA194/04

Addition of third storey to existing Community Centre for use as a temporary library and future use as community service facility.

 


 

PROPOSAL

 

The application proposes alterations and additions to the existing building comprising the following:

 

·         Ground floor: demolish existing toilet facilities, internal stairs to Level 1 and kitchen area, construct new accessible toilet facilities, reconfigure existing office areas into new artist in residence room, storage/exposure room and kilns/drying room, install new wet zones, create new print studio and pottery studio and install new front entrance with access ramp;

 

·         First floor:

 

o    Early Childhood Heath Centre: demolish existing staff room and kitchen area and construct new staff room facility, consulting room and new accessible toilet, extend waiting room area by removing shop front glazing and replacing with new/reused window glazing;

o   Art Studio: demolition of floor layout and finishes and construct new meeting/textile room, new art studio, two (2) new artist in residence rooms, new tea room, new photocopy/comms room, newly refurbished lounge/lobby area;

o   Installation of new display box on north-western side of facade;

o   Demolish internal stairs from ground floor;

 

·         Occasional use of courtyard for community events.

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           B2 (Local Centre)                              Site Area: 4,333m²

 

LEP Standard

Proposed

Complies

Clause 4.3 Height of Buildings

Height of Buildings: 12m

No change is proposed to the existing building height.

Existing – Unchanged

Clause 4.4 Floor Space Ratio

Floor Space Ratio: 2.0:1

Site area: 4,333m²

Allowable: 8,666m²

 

The subject site has been amalgamated to create one large single allotment with a total site area of 4,333m².  The allowable FSR for the site is 8,666m².  Given the nature and size of the 4 existing buildings on the site, the allowable FSR has not been achieved.  The development proposes to increase the FSR of the current building by 19.9m² which represents a 0.00046% increase.  This increase is considered to be miniscule and will remain within the allowable FSR.

Yes

Clause 5.10 Heritage Conservation

 The effect of heritage significance is to be considered on land that is within the vicinity of a heritage item or within a heritage conservation area.

The site is located in within the vicinity of items of heritage significance listed under Schedule 5 of the LEP:

-    162 Longueville Road

-    180 Longueville Road

Given that the proposed works are primarily internal with minor exterior works to the northern elevation, it is considered that the proposed development would not adversely impact upon the heritage significance of the item.

The community facilities are existing on site with no change in use and no increase in building footprint. The application is therefore considered to satisfy the provisions of clause 5.10 of the LEP.

Yes

 

Comprehensive DCP

 

The parts of the Lane Cove Development Control Plan that relate to the proposal are as follows:

 

Part D- Commercial and Mixed Use Development

 

PART D COMMERCIAL AND MIXED USE DEVELOPMENT

DCP Controls

Proposed

Complies

D. 1 General provisions

1.1.6 Setbacks

The objective of setbacks is:

1. To reduce the impact of scale as well as assist with cross-ventilation, solar access, privacy, views sharing and to reduce adverse wind effects.

Existing front and side setbacks remain unchanged.

Unchanged

1.1.7 Building Design and Facades

a) Floor to ceiling heights – see Diagram Nos. 4 & 5 and for mixed use development, see Part C 3.13.

Existing ceiling heights remain unchanged.

Unchanged

b) Materials, colours, finishes, proportion and scale of new development should add interest to façades and the streetscape

The proposal maintains the existing façade with minor changes to the entrance and level 1 glazing to accommodate the additional waiting room floor space to the Early Childhood Health Centre.  These external alterations will match the existing façade.

Yes

c) Avoid large unbroken expanses of blank wall on any facade adjacent to the public domain.

Existing.

Unchanged

d) Provide flexible building layouts and floor to ceiling heights which allow variable tenancies or uses on the first floor of a building above the ground floor.

Existing.

Unchanged

e) The design of roof plant rooms and lift overruns is to be integrated into the overall architecture of the building.

Not applicable.

N/A

f) Balconies and terraces should be provided, particularly where buildings overlook public open spaces. They should be avoided where they overlook the private open spaces and severely impact the privacy of the adjoining residential properties.

Existing terrace on Level 2.

Unchanged

g) Gardens on the top of setback areas of buildings are encouraged.

Not applicable.

N/A

1.1 Access and Mobility

Any new development must comply with Australian Standards AS 1428 Design for Access and Mobility, AS 4299 Adaptable Housing, AS 2890 Parking Facilities and AS 1735 Lifts, Escalators and Moving Walks and with the Part F of this DCP – Access and Mobility.

The proposal seeks to provide an access ramp to the new entry door at ground level.  An access report has been submitted with the application.  The report makes recommendations which have been assessed as being acceptable.

 

Yes

1.12 Toilet Facilities

Accessible and well sign-posted toilet facilities complying with AS 1428 shall be provided in all developments containing 10 or more shops or more than 500m2 of retail floor space. These facilities shall have the same minimum opening and closing hours specified for arcades.

The proposal seeks to install new accessible toilet facilities on the ground and first floor which would be in accordance with AS 1428.

Yes

D.3 Development within Lane Cove Village Centre

3.4 Principal Retail Street

b) Longueville Road and Lane Cove Plaza:

I. A new building façade to a principal retail street in the vicinity of heritage shopfronts should be broken up by vertical elements into units of 4m to 6m width, reflecting the Centre’s traditional small shop street frontages and providing interest to the streetscape at pedestrian level.

II. A minimum of 80 percent of that portion of the principal retail street facade of a new development up to a height of 2.7m which is allocated to retail use shall be transparent.

 

 

 

 

The proposed works to the front façade are minor in nature and are in keeping with the existing building. 

 

 

 

 

 

 

 

 

 

The proposal is to an existing building where the front façade is made up of glass panels.

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Yes

3.5 Facades

a) Facades are to be articulated at the ground floor and above.

b) The selection of materials for and the design of building facades to principal retail streets shall be sympathetic to the style of structures listed in Council’s Heritage Register. Glass curtain-wall facades are not permitted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 c) At the parapet level any architectural detailing to the façade should be sympathetic to the heritage character of the street.

 

d) Not less than 30 percent of the ground level facade of a new development facing a rear lane (Birdwood Lane, Rosenthal Lane and Little Lane) shall be allocated to retail or commercial uses. These requirements are in addition to the limitations on the width of access openings for parking and loading facilities.

e) Facades where all solid elements are coplanar are not permitted. For the facade of a development facing Longueville Road:

I. The average setback for facade articulation is to be a maximum of 0.5m either side of the front boundary alignment;

II. Elements forward of the street alignment are to be restricted to balconies;

III. Where the façade abuts an existing building on an adjoining site, it must be coplanar with the existing façade, unless the existing façade is set back more than 300mm from the street boundary.

The proposed external alterations are minor in nature and would match the existing building.

 

The new shop front glazing to the waiting room of the Early Childhood Health Centre on level 1 would match the existing shop front glazing.  Existing glass and framing shall be used where possible.

 

The application also proposes to install a display box to the front western facade which currently has a glazed window.  This display box faces the street and will display artistic depictions from the centre. 

 

Figure 2: Location of display box

 

A merit based assessment has been carried out as the DCP does not make any provisions for display boxes. On merit there are no issues raised with the installation of a display box for the use of displaying artistic depictions from the centre’s artists.  This display box will have no illumination therefore no impact from this display box will occur to the traffic intersection the display box faces.

 

The proposal does not include any parapet level amendments.

 

 

 

 

Existing building does not face a rear lane.

 

 

 

 

 

 

 

 

 

 

 

Existing façade is glass panels.

 

 

 

 

Existing setbacks remain unchanged.

 

 

 

 

The existing building does not encroach into the street alignment.

 

The existing building does not abut adjoining buildings.

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Not proposed

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

Unchanged

 

 

 

 

N/A

 

 

N/A

 

 

 

 

 

 

 

3.8 Car Parking - within Lane Cove Village Centre

a) Except in the case of Shop Top Housing car parking, a cash contribution may be made to Council in lieu of required parking not provided on-site. The car parking contribution rate is listed in the Section 94 Contributions Plan (1999).

The site currently supports 22 parking spaces including 2 accessible spaces and 2 senior parking spaces.  There would be no change in the parking demand.

Yes

b) Most land within Lane Cove Village Centre is subject to a special parking levy in addition to the normal rates charged by Council. The additional moneys generated in this manner are used to offset the costs of providing and maintaining Council car parks in the Centre area. Therefore, the provision of on-site parking or a contribution for car parking not provided on-site within the area subject to the special parking levy is only required for floor area in excess of that equivalent to a floor space ratio of 1:1.

Not applicable – existing parking provided onsite.

N/A

 

 

Part F - Access and Mobility

 

PART F - ACCESS AND MOBILITY

DCP Controls

Proposal

Complies

3.8 Access to, and within, buildings

1.  Access is to be provided in accordance with BCA Clause D3.1 and in accordance with Table 1:

-    Community Centre Class 5, 6 , 8 & 9b;

-    Car park Class 7a

Access is required to and within all areas normally used by the occupants.

Acceptable access throughout the community facility provided including lift and access ramps.

 

 

 

 

Yes

 

 

2. Access is to comply with the relevant Provisions of the BCA, and associated referenced Australian Standards. Demonstration is required in the form of an access report prepared by a suitably qualified access consultant as part of the DA documentation.

Assess Report by Assistive technology Australia dated 09/2017 submitted with application and assessed by Council’s Community Development Aged Care Officer as acceptable. 

Yes – refer condition 24

3. Buildings of a public nature are to have features in accordance with AS1428.2, when applicable, as follows:

a. Tables, counters and worktops for use by public.

b. Seating in pedestrian areas.

c. Drinking fountains and water coolers.

d. Gateways and checkouts.

The development has adequate existing facilities.

Yes

 


 

Part R - Traffic, Transport, Parking and other parking related provisions

 

 

PART R - TRAFFIC, TRANSPORT, PARKING AND OTHER PARKING RELATED PROVISIONS

DCP Control

Proposed

Complies

2.2 Car Parking Rates Table 1

Community Facility:

Library, art gallery or museum -

Provide analysis for proposed traffic generation and parking rates ie. A comparison of existing developments with similar characteristics in the locality

1 disabled space per 10 car spaces (minimum 1 disabled space).

 

 

20 parking spaces

2 disabled spaces

Total parking spaces: 22

 

 

The additional 19.9m² of floor space the development proposes would not require any additional parking to be provided.

 

 

Yes

 

Part Q - Site Waste

 

The site has existing waste management arrangements with Council’s garbage and recycling commercial waste service. 

 

An acceptable construction waste management plan for the proposal has been submitted with the development application as required under Part Q of Lane Cove DCP 2010.

 

REFERRALS

 

Development Engineer

 

Councils Development Engineer has raised no objections to the application subject to recommended draft conditions of consent.

 

Building Surveyor

 

Council’s Building Surveyor has raised no objections subject to recommended draft conditions.

 

Human Services – Community Development Officer, Aging and Disability

 

Council’s Community Development Aged Care Officer has raised no objections to the proposal.

 

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

 

The proposal is permissible, complies with the development standards for Floor Space Ratio and height and does not raise any issue in regard to the Lane Cove Local Environmental Plan 2009.

 

Other Planning Instruments

 

State Environmental Planning Policy No. 55 Remediation of Land

 

The subject site and adjoining sites are zoned for B2 Local Centre and R4 High Density purposes. Given the types of uses permissible within the two zones for commercial and residential purposes, 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 would require the application of a relevant condition seeking compliance with the Standard.

 

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

 

In accordance with Council’s notification policy, the neighbouring properties were notified of the development application.  In response, no submissions were received.

 

CONCLUSION

 

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

 

The application meets with the Floor Space Ratio and Height controls as required in the Lane Cove Local Environmental Plan 2009 and generally meets with the Part D Commercial Development and Mixed Use Development Objectives in the Lane Cove Development Control Plan.

 

On balance the proposed development would be reasonable and therefore is recommended for approval subject to draft conditions.

 

 

RECOMMENDATION

 

Pursuant to the provisions of Section 80(3) of the Environmental Planning and Assessment Act, 1979, the Council grants Consent to Development Application DA132/2017 for the Upgrade of Community Centre with internal alterations and external works on Lot 178 DP 1083542  known as 164 Longueville Road, Lane Cove subject to the following conditions:

 

GENERAL

 

1.       That the development be strictly in accordance with the following plans (stamped approved by Council) and support documents except as amended by the following conditions:

 

Plan Title/Number

Author

Date

A3.00, A3.16 & A3.20 to A3.26.1  Rev A

A3001 to 3006, 319 Rev B

AriiSmits

16.02.16

 

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

 

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

 

4.       Energy Efficiency (Commercial Development). The fittings, fixtures and materials installed in association with the development (including but not limited to hot water systems, ceiling/roof insulation, shower heads, toilet cisterns and the like) shall comply with the requirements of Council’s DCP. Details are to be noted on the plans submitted with the Construction Certificate

 

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

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

6.       Design and Construction Standards.  All engineering plans and work shall be carried out in accordance with the requirements as outlined within Council’s publication Requirements for Engineering Works and relevant  Development  Control  Plans  except  as amended by other conditions

 

7.       Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees.  Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment.

 

8.       Noise.  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.

 

9.       Preservation of Trees and Vegetation. Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the preservation of trees and vegetation must be made at the Council Chambers, Lane Cove.

 

10.     Materials on Roads and Footpaths.  A separate application shall be made to Council’s Urban Services Division for approval, including payment of relevant fees, for the placement  of building waste containers, skips and or storage of material on the roadway or footpath.  The roadway or footpath is not to be occupied or used for storage until such application is approved. 

 

DEMOLITION

 

11.     Security Fencing.  The site is to be properly fenced to prevent access of unauthorised persons outside of working hours in accordance with SafeNSW.

 

12.     Demolition Compliance.  Compliance with Australian Standard 2601 - The Demolition of Structures.

 

13.     Site Boundary.  The demolition works are to be confined within the boundaries of the site.

 

14.     Asbestos.  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. 

 

15.     Waste management plan. Demolition material must be managed in accordance with the approved waste management plan.

 

16.     Disposal of demolition waste. All demolition waste must be transported to a facility or place that can lawfully be used as a waste facility for those wastes.

 

17.     Completion of Demolition Works.  All demolition works are to be completed within a period of three (3) months from the date of commencement.

 

PRIOR TO CONSTRUCTION CERTIFICATE

 

18.     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.

 

19.     Council infrastructure damage bond: The applicant shall lodge with Council a $3,000.00 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 a Construction Certificate.

 

20.     Sydney Water.  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.

 

21.     Structural Engineer Details.  Structural Engineer's details must be submitted prior to the issue of a Construction Certificate for the following:-

 

a)         reinforced concrete work;

b)         structural steelwork;

 

22.     Structural Engineer's Certificate.  A Structural Engineer's Certificate is to be submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted prior to the issue of a Construction Certificate.

 

23.     Fire Safety Schedule.  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 a Construction Certificate.

 

 

 

PRIOR TO COMMENCEMENT OF CONSTRUCTION

 

24.     Site Signage.  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.

 

25.     Permit to Stand Plant.  An application shall be made to Council's Open Space & Urban Services Division for permit to stand plant (eg. Cranes, Cherry Picker, Concrete Pump etc). The permit is issued by Lane Cove Council in accordance with provisions of the Local Government Act. The application shall be obtained from Council’s Customer Service and the relevant fee shall be paid to Council prior to the commencement of works on the site. 

 

26.     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 any affected services in connection with the development.  Any such work being carried out at the applicant’s cost and prior to the commencement of works.

 

DURING CONSTRUCTION

 

27.     Storage of Materials. 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.

 

28.     Storage of Materials in Public Domain.  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.

 

29.     Removal of Debris.  All spillage deposited on the footpaths or roadways to be removed at the completion of each days’ work

 

30.     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’.

 

31.     Concrete Truck Cleaning.  The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

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

 

a)         All reinforcement prior to filling with concrete.

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

c)         Installation of steel beams and columns prior to covering

d)         Waterproofing of wet areas

e)         Completion.

 

33.     Removal of Debris at Completion.  The site is to be cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

PRIOR TO OCCUPATION

 

34.     Occupation of Building.  An Occupation Certificate must be obtained from the Principal Certifying Authority before the occupation of the building (where applicable).

 

OPERATIONAL

 

35.     Community Courtyard Use.  The communal courtyard at street level shall be used for community functions subject to the following restrictions:

 

-     Any function or event held ancillary to the community centre use shall be held during the ordinary hours of operation of the centre not later than 11.00pm seven days a week.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Neighbour Notification Plan

2 Pages

 

AT‑2View

Site Location Plans

5 Pages

 

 

 


 

Independent Hearing and Assessment Panel   7 November 2017

2-20 Rosenthal Avenue, Lane Cove

 

 

Subject:          2-20 Rosenthal Avenue, Lane Cove    

Record No:    DA17/47-01 - 61816/17

Division:         Environmental Services Division

Author(s):      Rajiv Shankar 

 

 

Property:                       2-20 Rosenthal Avenue, Lane Cove including land currently used for part Rosenthal Avenue and part Birdwood Lane.

 

DA No:                          DA 47/2017

 

Date Lodged:                29 October 2017

 

Cost of Work:               $4,996,436.66 (original cost)

 

Owner:                          Lane Cove Council

 

Applicant:                      ADCO Constructions

c/o Urbis Pty Ltd

 

                                                                                                                      

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 96(1) modification to DA47/2017 to vary working hours specified in condition 9 of the consent for early works program consisting of demolition of all existing structures, removal of all trees, site preparation including excavation and construction of retaining walls.

 

ZONE

B2 – Local Centre (part Rosenthal Avenue and part Birdwood Lane)

B4 – Mixed Use (the existing car park)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No.  The site is not listed as a heritage item in Lane Cove Local Environmental Plan 2009.  However, the substation building was previous listed in Ausgrid’s Section 170 heritage register as having local significance.  The substation has been delisted from Ausgrid’s heritage register.

 

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 10b

STOP THE CLOCK USED

Yes – 2 days

NOTIFICATION

The development proposal was notified in accordance with Council’s Notification Policy between 5 May October 2017 and 19 October 2017.

 

 


 

EXECUTIVE SUMMARY

 

DA 47/2017 for early works program consisting of demolition of all existing structures, removal of all trees, site preparation including excavation and construction of retaining walls was approved by Council’s IHAP at its meeting of 6 June 2017.

 

In the DA consent Council inadvertently applied the incorrect working hours as indicated in Council’s policy for construction associated with residential flat buildings. The development is for a commercial development and does not contain any residential component. As such, the standard construction hours should have been applied.

 

The applicant has requested that the hours of construction be modified to standard operating hours.

 

SITE

 

The subject site is known as 2-20 Rosenthal Avenue, Lane Cove and located at the eastern side of Rosenthal Avenue, Lane Cove between Birdwood Avenue to the north and Burns Bay Road to the south of the Lane Cove town centre. 

 

The site is currently used as a public car park with ancillary uses that include a public toilet and electricity substation. The construction works in accordance with the approved development application for early works have begun

 

PROPOSAL

 

The proposal is to vary working hours specified in condition 9 of the consent for “Early works program consisting of Demolition of all existing structures, Removal of all trees, Site preparation including excavation and construction of retaining walls”.

 

The working hours indicated in the consent are as follows:

 

9          (35) Working Hours

 

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

 

Monday to Friday (inclusive)        7am to 5.30pm  High noise generating activities, including rock breaking and saw cutting must not be carried out continuously for longer than 3 hours without a 1 hour break.

 

Saturday                                        8am to 12 noon with NO excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N. 

 

Sunday                                          No work Sunday or any Public Holiday.

 

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

 

The applicant has proposed that the working hours be amended as follows:

 

9          (35) Working Hours

 

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

 

Monday to Friday (inclusive)        7am to 5.30pm  High noise generating activities, including rock breaking and saw cutting must not be carried out continuously for longer than 3 hours without a 1 hour break.

 

Saturday                                        8am to 4pm. High noise generating activities, including rock breaking and saw cutting must not be carried out continuously for longer than 4 hours without a break occurring from 12 noon to 1pm. Failure to fully comply will result in the issue of a breach of consent P.I.N.

 

Sunday                                          No work Sunday or any Public Holiday.

 

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

 

PREVIOUS APPROVALS/HISTORY

 

DA 47/2017     Early works program consisting of demolition of all existing structures, removal of all trees, site preparation including excavation and construction of retaining walls was approved by Council’s IHAP at its meeting of 6 June 2017 (DA 47/2017).

 

In order to understand Council’s Policy of restrictive hours and works for residential flat building construction the following history is provided.

 

COUNCIL POLICY OF WORKING HOURS:

 

The original standard condition (35) which is imposed to all development proposals including multi level residential flat buildings was follows:-.

 

            “(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)              7am to 5.30pm

                        Saturday                                             7am to 4pm

 

            No work to be carried out on Sundays or any Public Holidays.”

 

In response to a resolution of Council in its meeting of April 2012, a report (Attachment AT1) was presented to Council at its meeting of the 21 May 2012 to amend construction times for multi level residential flat buildings development consents issued within the Mowbray Road Precinct as follows.

 

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

 

Monday to Friday (inclusive)        7am to 5.30pm

 

Saturday                                        7am to 4pm with no excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N. 

 

Sunday                                          No work Sunday or any Public Holiday.”

 

 

Council adopted the proposed amendment to the working hours within the Mowbray Road Precinct. Council’s resolution is attached (Attachment AT2).

 

In accordance with a matter arising, a further report regarding amending Council construction times for all development consents within Lane Cove Area was considered by Council at its meeting held on 18 March 2013. The Council report is attached (Attachment AT3).

 

Council resolved to adopt reduced working hours 8am to 12noon on Saterdays for multi unit development in Lane Cove. The change did not apply to any other type of building other than multi unit development. Council’s resolution is attached (Attachment AT4).

 

Given that the proposed development is not a residential flat building development, as per Council resolutions the change of working hours do not apply to this development and the original hours of construction would apply to this development.

 

Section 96 (1A) (a)   minimal environmental impact, and

 

Council inadvertently applied the incorrect working hours as indicated by Council’s policy.  It is considered that the correct working hours should be applied which would have minimum environment impact.

 

Section 96 (1A)  (b)  substantially the same development

 

The proposed amendment is to amend the working hours. The nature of the development as approved would remain unchanged. The proposed development would remain the same as the development originally approved. 

 

Section 96 (1A)(c)&(d)  notified  and considered any submissions

 

The proposed amendment was notified in accordance with Council’s notification policy.  4 submissions were received in response to the notification. The concerns raised in the submissions have been addressed later in the report.

 

79C (1) (a)   any environmental planning instrument,

 

The original assessment has been carried out under the provisions of Lane Cove LEP and DCP which remain unchanged.

79C (1) (b)       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

 

The proposed hours of construction would allow the excavation as well as demolition and construction to occur six days a week. Longer construction hours would reduce the construction time frame up to 36 days and the total disruption to the surrounding businesses and residents.

 

Condition 3 of the consent requires approximately 50% of the car parking spaces to be retained during the initial stage of demolition. To meet the requirement the excavation has been staged to retain 65 car parking spaces. This requirement has been placed to minimise impact to the surrounding business, residents and the activities of the Town Centre.

 

The hours of construction indicated in the consent would limit demolition and excavation to 5 days a week and the construction to 5.5 days a week.

 

In order to minimize disruption to the Town Centre, the applicant proposes to return 85 car parking spaces to Council for public use in stage 1 earlier.  The applicant has indicated that the hours of demolition and construction indicated in the consent would delay the handover of the car parking spaces by approximately 36 days and the handover of the remaining works by approximately 42 days. This delay would further disrupt the activities within the Town Centre for a longer period of time.

 

Noise management

 

The noise generated during excavation and construction would be addressed in an addendum to the construction noise management plan submitted by the applicant.  A range of noise mitigation measures have been proposed. These measures include use of low noise intensive equipment, use of smaller equipment and create noise barriers at locations where noise intensive work is carried out in fixed locations. These measures could be reviewed and amended by Council during the construction process considering all stakeholder view and needs. 

 

The requirement to carry out works in accordance with a construction noise management plan has been included in the recommended amended condition 9.

 

Section 79C (1) (c) - The suitability of the site for the development

 

The proposed amendment would not change the nature of the site and the development approved. As such it is considered that the proposed amendment would not affect the suitability of the site for this development.

 

Section 79C (1) (d) - Any submissions made in accordance with this Act or Regulations.

 

The proposal was advertised in accordance with Council’s notification policy. 4 submissions were received in response to the notification. The concerns raised in the submissions are addressed below.

 

·      Opposed to any change of working hours because of noise and dust. Increase in the number of excavator machines would achieve the same result as the changed hours.

 

Officer’s comment

 

The amendment would change the hours of construction to that of Council Policy and have regard to minimising impacts to people and businesses affected, while reducing the length of the excavation period

 

In order to address any noise related concerns, the condition would require the applicant to prepare an addendum to the noise management plan and be endorsed by Council prior to excavation commencing.

 

Section 79C (1) (e) - The public interest.

 

The proposed amendment would rectify the working hours to that of Council Policy. In addition change in hours should reduce the overall length of time that disruption occurs to the surrounding businesses, residents and activities within the Town Centre. Accordingly it is considered that the proposed amendment is in the public interest and can be approved.

 

CONCLUSION

 

The matters under Section 79C of the Environmental Planning and Assessment Act 1979 have considered.

 

The amendment would change the hours of construction to that of Council Policy. As such the proposed amendment is in public interest. The change in hours would reduce the time duration and minimise the overall disruption to the surrounding businesses and residents.

 

The application which would amend the hours of construction to that of Council’s policy is recommended for approval.

 

 

RECOMMENDATION

 

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent DA 47/2017 granted on  13 June 2017 for Early works program consisting of Demolition of all existing structures, Removal of all trees, Site preparation including excavation and construction of retaining walls on 2-20 Rosenthal Avenue, Lane Cove is amended in the following manner:

 

By amending condition 9 to read:

 

9.         (35) Working Hours

 

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

 

Monday to Friday (inclusive)        7am to 5.30pm  High noise generating activities, including rock breaking and saw cutting must not be carried out continuously for longer than 3 hours without a 1 hour break.

 

Saturday                                        7am to 4pm.  High noise generating activities, including rock breaking and saw cutting must be carried in accordance with a noise management plan endorsed by Council prior to works commencing.

 

Sunday                                          No work Sunday or any Public Holiday.

 

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

 

That the endorsed Noise Management Plan be attached to the development consent and be accessible to public and businesses at the CBD

 

 

 


 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Report Mowbray Precinct Construction Working Hours for Saturdays

3 Pages

 

AT‑2View

Report Mowbray Precinct Construction Working Hours for Saturdays

2 Pages

 

AT‑3View

Report Mowbray Road Precinct Building Hours

2 Pages

 

AT‑4View

Mowbray Road Precinct Building Hours

1 Page