Independent Hearing and Assessment Panel Meeting
6 February 2018, 5:00pm
PRESENT: Hon David Lloyd, QC, Chairman, Mr Trevor Bly, Planning Expert, Mr Steve Fermio, Environmental Expert and Ms Maria Linders, Community Representative
ALSO PRESENT: Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager Development Assessment, Ms Diep Hang, Senior Town Planner, Mr Michael Stephens, Town Planner and Ms Angela Panich, Panel Secretariat
DECLARATIONS OF INTEREST: Nil.
WEBCASTING OF COUNCIL MEETING
The Chairperson advised those present that the Meeting was being webcast.
A. The variation to the height of building standard in Clause 4.3 of the Lane Cove LEP 2009 is allowed under the provisions of Clause 4.6 – Exceptions to Development Standards.
B. General Conditions
That pursuant to section 80(1)(a) of the Environmental Planning and Assessment Act 1979, the Independent Hearing and Assessment Panel grants development consent to:
· Development Application DA78/2017 including consolidation of lots 74 and 75 in DP11416.
· Demolition of existing structures, construction of a residential flat building containing 10 residential apartments and basement car parking pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009
· On 320-322 Pacific Highway, Lane Cove
subject to the following conditions:
1. (20) That the development be strictly in accordance with:
except as amended by the following conditions.
2. Fencing around the communal open space area located on Basement Level 2 shall be a maximum height of 1.2m measured from the finished ground level to ensure adequate sight lines are achieved for vehicles entering and existing the basement and pedestrians utilising Haldane Lane.
3. Amended plans shall be submitted with the Construction Certificate application to provide a window for bedroom 1 of Unit 1.
3A The northern edge of the terrace to proposed units 5 and 8 shall be provided with a privacy screen 1.8 metres in height and having vertical louvers angled at 45 degrees to the north-west.
Reason: To ensure the privacy of the units at 324 Pacific Highway from proposed units 5 and 8.
4. To provide reasonable livability for residents and visitors, it is recommended that the following amenities be added to the roof top terrace:
- An accessible unisex toilet facility be provided on the roof top terrace;
- Sink and water supply; and
- Two (2) power point outlets.
Detailed plans incorporating the above additions to the roof top terrace shall be submitted to Council satisfaction and approval. In the event that the toilet facility exceeds the maximum 12m building height permitted, the amended roof top terrace plans shall be accompanied by a written request prepared in accordance with Clause 4.6 of LCLEP for Council consideration.
5. Sun protection measures/hoods shall be incorporated to the eastern elevation windows of the proposal to provide sufficient sunlight and shading to east facing rooms.
6. No external cladding is permitted.
7. All landscaping is to be of a high (advanced quality) and be maintained with a self watering system or maintenance agreement.
8. (145) Addressing of developments
The addressing of the development, including sub-addressing, must comply with all rules and regulations of the Geographical Names Board, including the NSW Addressing Users Manual, as approved by Council.
9. (146) Adaptable Housing
All adaptable dwellings shall be prominently marked and highlighted on the plans, a list of adaptable units prepared and provided to Council prior to the issue of Construction Certificate. The Section149 planning certificate and any promotional material shall mention whether the unit is adaptable.
10. Plans submitted with the Construction Certificate must illustrate that the required adaptable units have been designed in accordance with the requirements of AS4299-1995 for a Class C Adaptable House.
11. For a period of 10 years from the date of issue of the occupation certificate:
a) Units 3, 4, 6, 7 and 9 on the drawings hereby approved shall be used for the purposes of affordable housing as defined by the Affordable Rental Housing SEPP 2009;
b) All accommodation that is used for affordable housing shall be managed by a registered community housing provider.
Council shall be notified of the issue of the occupancy certificate on the date of issue.
Reason: To provide new affordable rental housing associated with the uptake on the site of a floor space ratio bonus.
12. A copy of the signed contract between the developer and the Community Housing Provider who will manage the nominated affordable housing units shall be submitted to Council prior to the issue of a construction certificate for the development.
Reason: To ensure that a minimum of 50% of the gross floor area of the development will be used for affordable housing in accordance with the provisions of the Affordable Rental Housing SEPP 2009.
13. (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.
14. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.
15. (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.
16. (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.
17. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.
18. (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.
Application must be made through an authorised Water Servicing Coordinator. Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.
Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.
19. (14) THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN. THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT. THE AMOUNT IS $185,640.00 AT THE CURRENT RATE OF $10,100.00 PER PERSON (2017-2018). NOTE: PAYMENT MUST BE IN BANK CHEQUE. PERSONAL CHEQUES WILL NOT BE ACCEPTED.
THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.
The Section 94 Contribution is calculated in the following manner:
Total Section 94 Contribution payable: $185,640.00
20. All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:-
Monday to Friday 7am to 5.30pm
(inclusive) High noise generating activities, including rock breaking and saw cutting be restricted between 8am to 5.00pm with a respite period between 12.00 noon to 1.30pm Monday to Friday.
Saturday 8am to 12 noon
with NO high noise generating activities, including 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.
21. (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.
22. (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.
23. (45) A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.
24. (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath. Such balustrading is to have a minimum height of 1 metre. Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.
25. (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.
26. (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.
27. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.
28. (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.
29. 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) 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) Stormwater drainage lines prior to backfilling.
30. Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-
b) retaining walls;
d) reinforced concrete work;
e) structural steelwork;
f) upper level floor framing;
31. (63) All metal deck roofs being of a ribbed metal profile, in a mid to dark colour range with an anti glare finish. The intent of the condition is to reduce sun reflection and glare to protect the amenity of the surrounding resident.
32. Standard Condition (64) A check survey certificate is to be submitted at the completion of:-
a The completion of works.
Note: All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.
33. (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.
34. (a) The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.
(b) Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-
(1) A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.
(2) The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.
(3) With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING. Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council or the Principal Certifying Authority may exercise its discretion to grant approval.
(4) The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.
35. (72) The demolition works being confined within the boundaries of the site.
36. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.
37. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.
38. (79) Compliance with Australian Standard 2601 - The Demolition of Structures.
39. (86) An approved type of hoarding being erected along the street frontages.
40. (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times
41. (130) Compliance with the Waste Management Plan submitted along with the application.
42. (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.
43. (137) Lane Cove Council charges a fee for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.
44. (139) A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.
45. (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.
46. (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.
General Engineering Conditions
47. (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.
48. (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.
49. (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 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.
50. (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.
51. (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.
52. (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.
53. (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’.
54. (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.
55. (A9) Services: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.
56. (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $20,000 cash bond or bank guarantee. The bond is to cover the repair of damage or outstanding works to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the commencement of any demolition works.
57. (H4) Truck Shaker: A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.
58. (H5) Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.
59. (O3) On-Site Stormwater Detention System - Marker Plate: The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in part O Council’s DCP-Stormwater Management. An approved plate may be purchased from Council's customer service desk.
60. (K2) Cast in Situ Drainage Pits: Any drainage pit within a road reserve, a Council easement, or that may be placed under Council’s control in the future, shall be constructed of cast in situ concrete and in accordance with Part O Council’s DCP- Stormwater Management.
61. (O4) On-Site Stormwater Detention Tank: All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.
62. (X1) 88B Instrument: An instrument under 88B of the conveyancing Act 1919 plus two copies is to be submitted to Council prior to the release of subdivision certificate. The 88B instrument shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.
Where Council, inter-allotment drainage lines or services are located within the development, drainage easements and easements for services shall be created in accordance with Council’s minimum widths as set out in Council’s DCP-Stormwater Management.
Part 2 of the 88B instrument shall contain a provision that any easements, rights of way, covenants shall not be extinguished or altered without the written consent of Council.
63. (X2) Linen Plan of Subdivision: A Linen Plan of Subdivision plus 5 copies are to be submitted to Council prior to the release of subdivision certificate.
The linen plan of subdivision shall be suitable for endorsement by the general manager pursuant to Section 327 of the local government act and shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies
64. (S1) Stormwater Requirement: The following details need to be added to the amended stormwater design plans:
§ The above ground storage facility (on site detention) needs to be increased by 20%
§ A pool type fence enclosing the on-site detention area will be required where the depth of the basin will exceed 300mm
§ Discharge directly to the kerb and gutter is prohibited. The discharge of stormwater needs to be connected directly into the nearest Council stormwater pipeline system.
The design and construction of the drainage system is to fully comply with, AS-3500 and part O Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.
Engineering conditions to be complied with prior to Construction Certificate
65. (D2) Drainage Plans Amendments: The stormwater drainage plan numbered GO170296 issue B prepared by ACOR Consultants (CC) Pty Ltd dated June 2017 is to be amended to reflect the above condition titled ‘Stormwater requirement’. The amened design is to be certified that it fully complies with, AS-3500 and part O Council's DCP-Stormwater Management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the Construction Certificate.
66. (O1) Positive Covenant Bond: The applicant shall lodge with Council a $2000.00 cash bond to cover the registration of the required positive covenants. Lodgement of this bond is required prior to the issue of the Construction Certificate.
67. (T1) Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
68. (D2) Geotechnical Report: A geotechnical report is to be completed for the excavation and ground water impacts associated with this development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.
69. (D3) Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction. The Geotechnical Monitoring Program for the construction works must be in accordance with the recommendations of the Geotechnical Report and is to include
· Recommended hold points to allow for inspection by a suitably qualified engineer during the following construction procedures;
§ Excavation of the site (face of excavation, base, etc)
§ Installation and construction of temporary and permanent shoring/ retaining walls.
§ Foundation bearing conditions and footing construction.
§ Installation of sub-soil drainage.
· Location, type and regularity of further geotechnical investigations and testing.
Excavation and construction works must be undertaken in accordance with the Geotechnical and Monitoring Program.
70. (D4) Construction Methodology Report: There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate. The details must include a geotechnical report to determine the design parameters appropriate to the specific development and site.
The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.
The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.
71. D5) Dilapidation Report The applicant is to provide a dilapidation report of all adjoining properties and any of Councils infrastructure located within the zone of influence of the proposed excavation.
Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate.
A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an Occupation Certificate.
72. (H1) Road Dilapidation Survey: The applicant shall prepare a dilapidation survey and a dilapidation report detailing the existing state of repair / condition of the road surfaces along Pacific Hwy, Cobden Avenue and Haldane Lane adjacent the site. The survey and report need to be submitted to the Council prior to the issue of the first Construction Certificate. Following completion of construction of the development and prior to the issue of the first Occupation Certificate, the applicant is to prepare a second dilapidation survey and a dilapidation report that includes details of all changes and damage caused to the surface of the said public roads as a consequence truck movements associated with the construction of the development. The Council may apply funds realised from the security referred to in applicable condition to meet the cost of making good any damage caused to the surface of the said public road as a consequence truck movements associated with the construction of the development to which the consent relates. The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers.
73. (V4) Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, ramps, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifying Authority.
The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
74. (V1) Proposed Vehicular Crossings: The proposed vehicular crossings shall be constructed to the specifications and levels issued by Council. A ‘Construction of a Multi Unit Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.
75. (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed basement shall be determined by Council if required.
76. (A11) Work Zone: A Traffic Construction Management Plan and an application for a Work Zone adjacent the development shall be submitted to Lane Cove Council for determination, prior to the commencement of the demolition and prior to any works that require construction vehicle and machinery movements to and from the site. If the development has access to a State Road, the Construction Management Plan and Work Zone need to be referred to RMS for approval. The approval of the Traffic Construction Management Plan and application for a Work Zone by Council’s Traffic Section must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
77. (K1) Council Construction Requirements: The applicant shall construct / reconstruct the following:
1. New 1.5m wide concrete footpath adjacent the entire frontage of the site to Council’s satisfaction
2. Reinstate all adjustments to the road surfaces to Council’s satisfaction.
3. Reinstate all existing nature-strips with turf and soil to Council’s satisfaction.
A $5,000 cash bond or bank guarantee shall be lodged with Council to cover the satisfactory construction of the above requirements. Lodgement of this bond is required prior to the issue of the Construction Certificate. The Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the Occupation Certificate. All costs associated with the construction of the above works are to be borne by the applicant.
78. (K4) Council Inspection Requirements: The following items shall require Council inspections.
· All new footpaths on Council Property
· New kerb and gutter on Council Property
· All asphalt adjustments to the roadway
· All the approved stormwater drainage works on Council property
Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with Council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / setout requirements.
An Inspection fee of $580.00 is to be paid prior to the issue of the Construction Certificate.
79. (C1) Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate
Engineering condition to be complied with prior to commencement of construction
80. (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control ‘.The devices shall be maintained during the construction period and replaced when necessary.
Engineering Condition to be complied with prior to Occupation Certificate
81. (M1) Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, part O Council’s DCP-Stormwater Management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:
(a) be signed by a registered surveyor, &
(b) clearly show the surveyor’s name and the date of signature.
All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.
82. (V3) Redundant Gutter Crossing: All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.
83. (D6) Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out in accordance with the relevant Australian Standards and Codes of Practise.
The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.
84. (O2) Positive Covenants OSD and Pump Out System: Documents giving effect to the creation of a positive covenants over the on-site detention system and over the basement pump out system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wordings of the terms of the positive covenants shall be in accordance with part O Council’s DCP-Stormwater Management.
Parking and servicing
85. The proposed car park design shall comply with AS 2890.1-2004. This includes all parking spaces, ramps, aisles, disabled parking and loading areas. All other aspects of the Car Parking areas are required to comply with AS 2890.2-2002 for Loading Facilities and Services Vehicles.
86. The access to the car park shall comply with Australian Standards. AS 2890.1-2004.
87. All accessible car spaces in the car park are to be adequately signposted and linemarked, and provided in accordance with AS2890.6: 2009 including the adjacent shared space and the height clearance.
88. All parking spaces and aisle widths must be able to accommodate B99 vehicles at all locations in accordance to AS 2890.1-2004 (Appendix A –A4).
Pedestrians / Cycling
89. All cycling racks and secure bike parking provided on-site must meet the minimum standards as outlined in Section 4.3 in Part R of the DCP and designed in accordance with AS 2890.3:2015.
90. On site garbage collection must be provided for with sufficient headroom in accordance with AS2890.2: 2002 and to allow the vehicle to enter and exit in a forward direction. The waste collection and holding area is to be clearly signposted and linemarked.
Construction Traffic Management Plan
91. The Construction Traffic Management Plan must be submitted to Lane Cove Council for further approval before issuing the construction certificate.
92. Due to requirements for safe traffic and pedestrian movement, loading or unloading of any vehicle or trailer carrying material associated with the development must not take place on the public road unless within a works zone. The works zone application is to be submitted to and approved by Council prior to the earlier of the following two situations occurring; either (a) issue of any Construction Certificate or (b) any work commencing, in the case where work is to occur on a Public Road during demolition.
The developer must give the Council written notice of at least 14 days prior to the date upon which use of the work zone will commence and the duration of the works zone approval shall be taken to commence from that date. All vehicle unloading/loading activities on a public roadway/footway are to be undertaken within an approved work zone.
Environmental Health conditions
93. Any soils proposed to be removed from the site should be classified in accordance with the “Waste Classifying Guidelines, Part 1: Classifying Waste” NSW DECC 2014.
A Hazardous Building Materials Assessment and an Asbestos Management Plan prepared by a suitably qualified person as recommended in the preliminary site investigation prepared by Benviron Group (Ref: E1286 May 2017) is required to be submitted prior to demolition being carried out.
An Asbestos Clearance Report must be provided to council following the removal of all asbestos containing material from the site and prior to the commencement of bulk excavation.
94. (401) Demolition Works and Asbestos Removal/Disposal
The demolition of any existing structure is to be carried out in accordance with Australian Standards AS 2601-2001: The Demolition of Structures. All vehicles leaving the site carrying demolition materials are to have the loads covered and are not to track any soil or waste materials into the road. Pursuant to Section 27A of the Occupational Health and Safety Act 1983 “notification to Commence Demolition Work” form is to be submitted to Workcover at least seven days prior to work commencing. All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the Workcover Authority and EPA guidelines and requirements. The asbestos must be removed by a bonded asbestos licensed operator. Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required.
95. (402) Dust Control
The following measures must be taken to control the emission of dust:
a) Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work
b) Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter
c) All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray. Water used for dust suppression must not be allowed to enter the street or stormwater system
d) All stockpiles of materials that are likely to generate dust must be kept damp or covered
e) Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.
96. (403) Dust During Construction
Dust suppression techniques are to be employed during works to reduce any potential nuisances to surrounding residences
97. (404) Erosion and Sedimentation Controls – Major Works
Erosion and sediment control devices are to be provided. All devices are to be established prior to the commencement of engineering works and maintained for a minimum period of six months after the completion of all works. Periodic maintenance of the erosion and sedimentation control devices is to be undertaken to ensure their effectiveness.
98. (406) Stabilised Access Point
A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (blue Book)
99. (407) Site Water Management Plan
A site water management plan is to be submitted to Council for approval. The plan is required to be site specific and be in accordance with “Managing Urban Stormwater – Soils and Construction” (the blue book) produced by the NSW Department of Housing.
100. (408) Stockpiles
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.
101. (491) Clean water only to stormwater system
Only clean unpolluted water is permitted to enter Council’s stormwater drainage system.
102. (442) Noise Control – Offensive Noise
To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environmental Operations Act 1997.
103. (447) Noise Monitoring
Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition work
104. (468) Offsite Disposal of Contaminated Soil
All contaminated soil removed from the sire must be disposed at a waste facility that can lawfully receive that waste.
Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.
105. The recommendations in Section 6 of the Report titled Construction Noise and Vibration Recommendations prepared by Acoustic Dynamics (Ref: 4083R002.MV.170521) are to be implemented.
106. The recommendations set out in section 4, section 6 and section 7 of the Report titled Acoustic Assessment (Ref: 4083.R001.MV.170521) are to be implemented.
Waste Management conditions
107. Waste and Recycling Storage Room
· The waste and recycling storage room must be provided and be of sufficient size to accommodate a total of 4 x 240L general waste bins, 1 x 240L container recycling bins, 1 x 240L paper recycling bins, and 1 x 240L garden waste bins; with adequate space for manoeuvring garbage and recycling bins.
o Minimum clearance between bins of 300mm
o Minimum door openings of 1700mm
o Minimum distance of 1700mm between rows of bins (where bins are located on either side of the room)
· The floor of waste and recycling storage rooms (including bulky waste storage room) must be constructed of either:
o Concrete which is at least 75mm thick; or
o Other equivalent material; and
o Graded and drained to a floor waste which is connected to the sewer
· All floors must be finished to a smooth even surface, coved at the intersections of walls and floor.
· The walls of waste and recycling storage rooms, bulky waste storage rooms, and waste service compartments must be constructed of solid impervious material and must be cement rendered internally to a smooth even surface coved at all intersections.
· All waste and recycling storage rooms and bulky waste storage rooms must be provided with an adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock.
· A close-fitting and self-closing door that can be opened from within the room must be fitted to all waste and recycling and bulky waste storage rooms.
· All waste and recycling and bulky waste storage rooms must be constructed to prevent the entry of vermin.
· All waste and recycling and bulky waste storage rooms must be ventilated by either:
o Mechanical ventilation systems exhausting at a rate of 5L.s per m@ of floor space area, with a minimum rate of 100L/s; or
o Permanent, unobstructed natural ventilation openings direct to the external air.
· All waste and recycling and bulky waste storage rooms must be provided with artificial light controlled by switches located both inside and outside the rooms.
· Clearly printed “No Standing” signs must be affixed to the external face of each waste and recycling and bulky waste storage room.
108. Bulky Waste storage Room
· A readily accessible bulky waste storage room located near the garbage room must be provided for the use of all residents.
o The bulky waste storage room must have a minimum floor area of 20m2 and be of sufficient size to practically accommodate a minimum of 10m3 of bulky waste at any given time. Doorways and travel paths must be a minimum width of 1700mm and of sufficient height and be free of obstructions to permit easy transport from individual units to the storage area, and from the storage area to the collection point.
109. Access to Waste Collection Point
· All waste must be collected on-site via on-site access by Council’s waste collection vehicles.
o The location(s) of waste and recycling rooms and bulky waste storage areas must be conveniently accessible for both occupants and Council’s waste collection contractors.
o The minimum finished ceiling height must be 2.6m along the path of travel from the street to the residential waste and recycling collection point and manoeuvring area. This clearance must be kept free of any overhead ducts, services and other obstructions.
o The maximum grade of any access road leading to the waste and recycling point must not be more than 1:5 (20%). The running area at the base of any ramp must be sufficient for the manoeuvre of a 6.64m rigid vehicle to enter and exit the building in a forward direction.
o Where security gates are installed, a remote control access device must be provided to Council to permit unimpeded access
· Prior to the issue of an Occupation Certificate, the applicant must enter into a suitable Deed indemnifying Council and its contractors against claims for loss or damage to common property, liabilities, losses, damages, and any other demands arising from any on-site collection services.
111. Composting and Worm Farming
· The applicant must provide a container for communal composting/worm farming, the sitting of such must have regard to potential amenity impacts.
112. Internal Waste Management
· Internal waste and recycling cupboards with sufficient space for one day’s garbage and recycling generation must be provided to each dwelling.
113. Provision of Waste Services
· Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services and finalise the payment for the supply and delivery of all waste and recycling bins.
114. A revised set of landscape plans corresponding with the endorsed architectural plans, prepared by a qualified Landscape Architect shall be submitted with the Construction Certificate application.
115. A landscape practical completion report must be prepared by the consultant landscape architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. This report must certify that all landscape works have been completed in accordance with the approved stamped landscape plans. A copy of the report must be submitted to Council PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.
Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within five (5) working days of the date of issue.
116. A certificate must be submitted by a qualified hydraulic engineer, certifying that the proposed subsoil drainage and any associated waterproofing membrane have been installed in accordance with the details shown on the approved landscape working drawings and specification. Works must not progress until this condition has been fulfilled to the satisfaction of the certifying authority.
Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within 5 working days of the date of issue.
117. Prior to issue of the Occupation Certificate, the applicant must submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of the Certificate of Occupation.
118. At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant material has been successfully established, that all of the outstanding maintenance works or defects have been rectified prior to preparation of the report and that a copy of the 12 month landscape maintenance strategy has been provided to the Owner/ Occupier. A copy of the report must be submitted to Council.
Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within 5 working days of the date of issue.
The decision of the Panel was unanimous
The determination of this application was not considered by the Panel at the request of the applicant in order to allow further amended plans to be renotified and assessed. If identified issues remain unresolved the matter may subsequently be referred back to the Panel for consideration and determination.
The decision of the Panel was unanimous
The meeting closed at 5.35 pm.
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