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Agenda

Independent Hearing and Assessment Panel Meeting

6 March 2018, 5:00pm

 

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Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Independent Hearing and Assessment Panel Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove on Tuesday 6 March 2018 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 6 March 2018

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 - 6 FEBRUARY 2018

 

Independent Hearing and Assessment Panel Reports

 

2.       North Shore Rowing Club - Aquatic Park, Stuart Street, Longueville

 

 

 

 

 

 


 

Independent Hearing and Assessment Panel   6 March 2018

North Shore Rowing Club - Aquatic Park, Stuart Street, Longueville

 

 

Subject:          North Shore Rowing Club - Aquatic Park, Stuart Street, Longueville    

Record No:    DA17/153-01 - 986/18

Division:         Environmental Services Division

Author(s):      Michael Stephens 

 

 

Property:

North Shore Rowing Club - Aquatic Park, Stuart Street, Longueville

DA No:

DA17/153

Date Lodged:

3 October 2017

Cost of Work:

$751,513

Owner:

Crown Lands, Aquatic Park Reserve Trust managed by Lane Cove Council, and Roads and Maritime (below MHWM).

Applicant:        

Dr Richard Sheldrake

 

Description of the proposal to appear on determination

Alteration and additions to rowing club boatshed and reconstruction of decking, ramp and launching pontoon. 

Zone

LCLEP 2009 - RE1 Public Recreation

 

SREP Sydney Harbour Catchment 2005 -  W8 Scenic Waters Passive Use

Is the proposal permissible within the zones

Yes - Recreation Facilities (outdoor)

 

Is the property a heritage item

Yes - A part of I261 - Aquatic Park Boat Shed and Yacht Bay and in proximity to I225 - Sandstone steps in Aquatic Park.

Is the property within a conservation area

No

Is the property adjacent to bushland

Yes

BCA Classification

Class 9b – Assembly Building, 7B – Storage and 10B - Pontoon

Stop the Clock used

Yes

Notification

Neighbours                             1-31A Mary Street and 118-120 Arabella Street.

Progress Association             Longueville Residents Association

 

SITE

 

Property

Lot 2 DP 907301

Area

17,179m2

Site location

The rowing club is located within Aquatic Park, Longueville and is on the foreshore of the Lane Cove River.

Existing improvements

Boatshed including storage, changing rooms and club room, and decking with ramp and launching pontoon. 

 

Site Description

 

The boat shed is located within Aquatic Park, Longueville and is on the foreshore of the Lane Cove River. The Boatshed site is zoned RE1 Public Recreation and borders the area of the reserve zoned E2 Environmental Conservation. The reserve is not identified as SEPP 19 Bushland. The existing boat shed is one of a number of developments within the park including the 12ft Sailing Club and previously the Sea Scouts (Burnt down). The boatshed is accessed down a pedestrian pathway from the car park located within the reserve.  Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PREVIOUS APPROVALS/HISTORY

 

DA2012/53

Alterations and additions to the existing rowing club to increase storage and provide new changing facilities.

 

Land Owners Consent to Lodge the Development Application

 

Crown Land

 

The site is within the Aquatic Park Reserve Trust which is managed by Lane Cove Council.  Department of Industry - Lands and Forest granted land owners consent 28 November 2017 for the application to be lodged. (AT3)

 

Lane Cove Council

 

Council’s General Manager has provided consent for the application to be lodged given the land is part of the Aquatic Park Reserve Trust and is managed by Council. (AT4)

 

RMS Permission to Lodge

 

As a portion of the development is to occur below the Mean High Water Mark the applicant has sought and been granted Permission to Lodge the application with the Council from the RMS.  (AT5)

 

PROPOSAL

 

The application seeks consent for alterations and additions to an existing community operated rowing boatshed.

 

It is proposed to demolish the northern most bay of the boatshed and construct two additional bays for the storage of a variety of rowing boats and equipment. An accessible toilet and shower is also included at the rear of the last bay.

 

A portion of the works are proposed to be constructed below the Mean High Water Mark. The existing decking at the front of the boat shed is to be demolished and replaced with a larger decking area that spans the width of the storage bays. A new ramp 10m wide and pontoon 24m in length are to be constructed extending approximately 12m into the waterway.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning: RE1 Public Recreation

 

Site Area: 17,179m²

 

Clause 4.3 Height - No Development Standard for the site.

 

The addition is single storey and is considered reasonable in the context of the existing boatshed and the foreshore site.

 

Clause 4.4 FSR - No Development Standard for the site.

 

The addition results in a minor extension of the boat shed on the northern side and is considered reasonable in the context of the existing boatshed and the foreshore site.

 

Lane Cove Development Control Plan

 

Part B.5 - Development in Foreshore Areas

 

The objectives of development within Foreshore Areas are as follows:

 

a) Maintain or enhance existing residential amenity and visual character of foreshore residential development by:-

i. Minimising the impact and prominence of foreshore development when viewed from the Lane Cove and Parramatta Rivers.

ii. Ensuring that the architecture of development that is highly visible from the rivers is not visually prominent, in character with the locality and minimises its bulk and scale.

 

The proposed development is considered to meet these objectives as the additions are minimal and are in proportion to the existing design and scale of the Boatshed. The boatshed is consistent with the character of the foreshore area particularly the other boatsheds along the foreshore of Aquatic Park. The design and finishes would blend with its bushland setting.

 

Clause

Proposed

Control

Complies

5.1.1 Building Design and Style

The finishes proposed are to be consistent with the existing boat shed.

Finished to be consistent with the natural foreshore.

 

Yes, Condition 17 ensures compliance.

The addition is minor in scale and blends into the existing boatshed ensuring its prominence is limited

 

Structures proposed are not to be unreasonably prominent.

Yes

The addition continues the existing primary ridgeline along the length of the building although is articulated by the gable over the middle portion of the boatshed. The proposed additional bulk and scale is consistent with the rest of the boatshed.

Development visible within foreshore areas is to be highly articulated and vary the alignment of visible facade and roof line to minimise bulk and scale.

 

Yes

5.1.2 Building Height

The proposed additions are single storey.

Maximum 2 storeys plus basement.

Yes

5.1.3 Foreshore Setback Line

N/A

The foreshore setback line is established by neighbouring dwellings.

N/A

 

Part F - Access

 

The club has in place an existing operational management plan to provide accessible access to the Club given the difficult access through the bush paths and stairs. The operational management strategy includes the collection of people with disabilities from the nearby public walkway and boat ramp adjacent to the Lane Cove 12ft Sailing Skiff Club and transportation via boat across the water to the North Shore Rowing Club boatshed (an approximate distance of 200m). The strategy is considered reasonable for the ongoing use of the club given the difficulty in providing direct accessible access from the car park to the club and the constraint of the location considering topography and the bushland setting.

 

In order to ensure that all members of the club are aware of the operation management strategy a draft condition has been recommended that would require the operational management strategy to be signposted within the Clubs foyer and published on the Clubs Website. 

 

Part R - Traffic, Transport and Parking

 

The proposed development is unlikely to generate additional traffic as the increase in boat storage is minimal. The existing parking demand is easily satisfied. The site is located within a low density residential area with ample street parking. Aquatic Park also has a car park for approximately 25 vehicles. The rowing club is also not in close proximity to other traffic generating developments operating at similar times.

 

The club has 240 members of which 40 are a school group who are bused to the site. Due to the favorable water conditions the vast majority of rowing activity takes place between 5:00-8:00am before work which mean that members arrive when traffic is minimal and are easily able to park. The member’s attendance is spread throughout the week with some rowers participating most days and other only once or twice a week. Generally the demand for parking is during times where there is limited demand from the boarder public.

 

Additional sessions/attendance occurs throughout the week at other times although comprises of small groups or individuals.

 

REFERRALS

 

Internal

 

Development Engineer

 

The proposal was referred to Council’s Development Engineer who reported that no objection is raised to the proposed development. All new impervious areas have been conditioned to drain into the existing stormwater system.

 

As a result of their assessment 12 Draft Conditions have been included in the recommendations of this report in order to ensure the development would not unduly impact Council’s infrastructure.

 

Tree Assessment Officer

 

The proposal was referred to Council’s Tree Assessment Officer who reported that no objection is raised to the proposed development provided that the recommendations of the project arborist are complied with. Trees 2 and 3 as listed in the arborists report may be removed. The remaining trees are to be retained and protected with the exception of Tree 4, the retention of which may be untenable. In order to retain the density of trees and planting in the area replacement trees would be required to be established in conjunction with the development. 

 

As a result of this assessment 8 Draft Conditions have been included in the recommendation of this report in order to ensure the construction does not unduly impact the existing trees in proximity to the development and ensure the bushland area is retained and enhance the quality of the surrounding bushland.

 

Building Surveyor

 

The proposal was referred to Council’s Building Surveyor Officer who reported on that no objection is raised to the proposed development. The proposed storage boatshed additions and pontoon upgrade is capable of achieving compliance with the Performance Requirements of the BCA. BCA compliance matters can be addressed by detailed construction fitout plans or will be subject to a engineered Performance Solution at the construction certificate stage.

 

As a result of this assessment 13 Draft Conditions have been included in the recommendation of this report in order to ensure the development meets its statutory requirements.

 

Traffic Engineer

 

The proposal was referred to Council’s Manger of Traffic and Transport who reported on 11 December 2018 that no objection is raised to the proposed development. A Construction Traffic Management Plan is to be submitted prior to the issue of the Construction Certificate in order to ensure the impact of construction traffic is minimised. 

 

Bushland Manager

 

The proposal was referred to Council’s Bushland Officer who reported 15 January 2017 that no objection was raised to the proposed development although noted the impact on the adjoining bushland. The development area adjoins E2 Environmental Conservation zoned bushland. The adjacent bushland comprises of 2 different vegetation community classifications; Coastal Enriched Sandstone Sheltered Forest and Estuarine Swamp Oak Forest (EEC) an Ecologically Endangered Community.

 

The development would result in the loss of two, potentially three trees. An effective buffer zone in accordance with DCP Part H.5 between the bushland and building cannot be provided.

 

Comment: Council’s Tree Assessment Officer has reviewed the proposed development and raises no objection to the removal of two trees provided that replacement trees are provided. Whilst a buffer zone is not provided the nature of the use of the boat shed and the topography of the land is unlikely to result in persons entering or disturbing the bushland other than on designated walking trails.

 

The proposed development is for a purpose that is in the public interest as it would allow for improved facilities for the Rowing Club which is a popular recreational use within the Community. The additional boat storage has been located within the most efficient configuration for the boat shed and has been designed so as to disturb as little of the bushland as is possible. It is noted that the depth of the boatsheds bays are limited where possible to avoid excavation and the loss of trees and vegetation.  

 

As a result of this assessment 13 Draft Conditions have been included in the Recommendations of this report in order to ensure that construction does not unduly impact the surrounding bushland.

 

External

 

Heritage Advisor

 

The proposal was referred to Council’s Heritage Advisor who reported that in general, the architects have responded to the existing character and scale of the Club buildings; however replacement of the tiled roof with a modern material would detract from the heritage significance of the building as it is a prominent element of the fabric. The Heritage Advisors Referral is attached to this report – AT6.

 

Discussion:

 

The heritage listing states that the North Shore Rowing Club gains it significance as “A group of riverside timber boatshed structures associated with the early harbourside recreational activity dating from early this century”.

 

The other buildings that make up the listing include the Sea Scouts Shed (burnt down 2006) and weatherboard boatsheds associated with local houses. The North Shore Rowing Club boatshed is the only building within the listing with a tiled roof.

 

The Heritage listing primarily gains its significance as being a recreational use within the community since its opening in the 1930’s. The proposed development remains consistent with the cultural significance of the item and despite the proposed alterations and additions remains in scale with similar foreshore development of that period.  

 

The applicant has proposed to change the roof material from tiles to sheet metal. The reasons the applicant have put forward are as follows:

 

·         The lighter roof material may assist in the conservation of the existing roof structure.

·         A sheet metal roof would enable the installation of sarking, providing additional waterproofing.

·         The site is susceptible to falling branches from the surrounding bushland, potentially causing damage to the tiles.

 

Disregarding the heritage context, the argument to change the roof material is strong although Council’s Heritage Advisor contends that changing the roof material is not essential to achieve these outcomes.

 

It is not evident that the tiles are essential to the heritage significance of the Boatshed and the sheet metal roof proposed would not be out of character with similar boatsheds within the bay.

 

The sheet metal roof is considered a reasonable change and is supported given:

 

·         The applicant has specified a sheet metal roof;

·         The heritage significance is gained primarily by the cultural significance of the boatshed within the community, the proposed development would ensure the ongoing use of the facility for the community is maintained;

·         The benefits of the material for construction and the long-term ongoing maintenance of the facility.

 

Roads and Maritime Services

 

The proposed development was referred to the Foreshores and Waterways Planning Development Advisory Committee as the development is for the purpose of development listed in Schedule 2 of the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.

The referral was sent 19 October 2017. A confirmation that the referral was received by RMS was provided 25 October 2017. Subsequent follow up phone calls verbally confirmed that it was the Committee policy to only provide comments when an objection is raised. 

 

Clause 29(1)(b) provides that the Consent Authority (Council) must not grant development consent to the carrying out in the Foreshores and Waterways Area of development listed in Schedule 2, unless: it has referred the development application to the Advisory Committee, and it has taken into consideration any submission received from the Advisory Committee within 30 days after the date on which the application was forwarded to the Committee.

 

Council has satisfied its statutory obligation under the provisions of the SREP. Given no comment or objection has been received the application may be determined.

 

No Draft Conditions have been included in the recommendations of this report.

 

Department of Primary Industries, Office of Water 

 

The Department of Primary Industries, Office of Water have confirmed on 20 December 2017 that for the purposes of the Water Management Act 2002 a Controlled Activity Approval is not required as an exemption is provided where development is in association with Crown Land.

 

Department of Primary Industries, Industry and Investment (Fisheries)

 

The proposed development is “Integrated Development” under section 91 the Environmental Planning and Assessment Act 1979 and has been referred to the NSW Department of Primary Industries under the provisions of Fisheries Management Act 1994.

 

The proposal was referred to Department of Primary Industries, Industry and Investment (Fisheries) who reported that the proposal, as provided, does not include any dredging, reclamation, harm to marine vegetation, or blockage of fish passage. Fisheries NSW have reviewed this proposal in light of their provisions and have no objections to it being approved.

 

As a result of their assessment no Draft Conditions have been included in the recommendations of this report.

 

Lane Cove LOCAL Environmental Plan 2009

 

The proposal is permissible and does not raise any issues in regard to the Lane Cove Local Environmental Plan 2009.

 

The development is located within the RE1 Public Recreation zone. Public Recreation Facilities are permissible with Consent. It is noted that the area directly adjoining the development is zoned E2 Environmental Conservation.

 

Other Planning Instruments

 

SEPP 19 Bushland in Urban Areas

 

The reserve is not identified as bushland within the application of the policy.  

 

Sydney Regional Environmental Plan Sydney Harbour Catchment 2005

 

Zone

 

The waterway is zoned W8 Scenic Waters: Passive Use. The development is an existing use within the zone. Recreational and Club Facilities are a permissible use with consent. The construction of a new larger launching pontoon is considered consistent with the objectives of the zone.

 

The relevant objectives are as follows:

 

(d)  to allow water-dependent development only where it can be demonstrated that it meets a demonstrated demand and harmonises with the planned character of the locality,

(e)  to ensure that the scale and size of development are appropriate to the locality and protect and improve the natural assets and natural and cultural scenic quality of the surrounding area, particularly when viewed from waters in this zone or areas of public access.

 

The proposed development is in order to satisfy the existing demand on the clubs facilities to allow rowers on and off the water as efficiently as possible. The facility is consistent with other rowing club facilities within the passive use zoning. The size of the enlarged launching pontoon is considered appropriate within the bay with consideration to the accumulative effects of surrounding development.

 

Matters for Consideration

 

In accordance with Clause 21 (Biodiversity, ecology and environment protection) the proposed development is considered to have minimal impact on the biodiversity and ecology of the foreshore area. An ecology survey of both the land and the seabed has been undertaken and referred to relevant Council Staff and the Department of Primary Industries, Office of Water. The referrals raised no objections with respect to the disturbance of the adjoining bushland or waterfront area. 

 

In accordance with Clause 25 (Foreshore and waterways scenic quality) the proposed development is considered to be of a design and form that is suitable given it prominent foreshore context. The additions when viewed from the waterway are consistent with the existing boatshed and respond to the bushland setting of the foreshore given the minimal increase in footprint and recessive finishes.

 

In accordance with Clause 27 (Boat Storage Facilities) the proposed development is considered to increase the availability of public boat storage for the use of the public rowing club although is limited where as to satisfy to the demonstrated demand of the Club.

 

Note. The development application was referred to the Foreshores and Waterways Planning and Advisory Committee in accordance with Clause 29.

 

Foreshores and Waterways Development Control Plan 2005

 

The proposed development is not considered to adversely impact the landscape character of the foreshore area. Whilst it is noted that two trees (and potentially a third) are to be removed the vegetated cover of the slope would not be discernibly affected as viewed from the waterway. Council’s Tree Assessment Officer has recommended that replacement trees are to be planted in conjunction with the construction.

 

The scale of the development is considered reasonable within its context as a foreshore development. The proposed additions are consistent with the use of the facility for public recreation and are not considered to detract from the natural foreshore area given the minimal increase in the buildings scale and visual prominence.

 

The Development Control Plan provides that Boatsheds are to have a floor level of 1.575AHD to avoid inundation. The proposed additions continues the existing floor level of 1.550AHD resulting in a variation of 25mm. Council’s Development Engineer considered the proposal reasonable as the variation would be inconsequential. The floor area potentially affected is not habitable and considered low risk. Given the use of the facility it would not be uncommon that the floor becomes

 

In order to prevent against loss or damage of equipment draft Condition 9 recommends that suitable elevated storage racks are provided that would allow venerable equipment to be stored off the floor.

 

SEPP 55 Remediation of Land

 

The site is a part of a bushland reserve area which has not previously been developed and is therefore unlikely to 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))

 

One submission was received from a nearby resident. Their objection raised concern regarding the change in roofing material from tile to sheet metal and cited visual appeal, the bushland setting, the heritage significance, and reflectivity and glare.

 

Comment: The proposed roofing is considered reasonable for the building. The roofing would be of a dark and recessive colour with an anti-glare finish so as to blend in with the bushland setting and avoiding being visually obtrusive to the waterway or surrounding properties.

 

CONCLUSION

 

The matters in relation to section 79C of the Environmental Planning and Assessment Act 1979 have been satisfied. The application meets the Lane Cove Local Environmental Plan 2009 and Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.

 

The proposed additions are minimal in scale within the context of the existing boat shed and foreshore site. The increased storage areas, decking and launching pontoon would allow for the ongoing and improved operation of the rowing club. The improved launching facilities would allow for all users to launch their vessels safely and efficiently especially during the congested peak hours as multiple crews enter and exit the water.

 

The slight encroachment into the bushland area would result in approximately 10m2 of excavation up to a depth of 1m, loss of two tress and understorey vegetation although is considered reasonable as the development is within the public interest and the footprint of the development has been minimised in response to the topography and location of significant trees in close proximity to the development. 

 

On balance the proposed development would be reasonable and therefore is 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 DA2017/153 for Alteration and additions to rowing club boat shed and reconstruction of decking, ramp and launching pontoon at Aquatic Park, Longueville on Lot 2 DP 907301 subject to the following conditions:

 

1.         Approved Plans: Except where otherwise provided in this consent, the development is to             be carried out strictly in accordance with the following plans (stamped approved by Council)             and support documents:

 

Drawing

Prepared by

DWG / Plan No.

Rev

Dated

Site and Ground Floor Plan

OPRA Architects

B79-DA 1

2

12.09.2017

Elevations and Sections

OPRA Architects

B79-DA 2

2

12.09.2017

 

The Development must be carried out in accordance with the amended plans approved under this condition.  Where any inconsistencies occur between the conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

 

Reason: To ensure that the development is in accordance with the determination.

 

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

 

            Reason: Strategy Requirement.       

 

3.         RMS Land: The proponent is to enter a formal tenure agreement with Roads and Maritime             prior to construction commencing on Roads and Maritime Land. 

 

            Reason: Land Owners’ Requirement.

 

4.         Construction Environmental Management Plan: The applicant shall prepare a project             Construction Environmental Management Plan (CEMP) which is endorsed by a suitably             qualified Ecologist (Including Aquatic) prior to works commencing. The CEMP shall include             measures for potential demolition, construction materials and liquids to be accidently spilt             into the waterway and bushland and the findings / recommendations of

·         The Aquatic Ecology Survey prepared by Waterfront Surveys Australia and dated 1 November 2017 and,

·         The Ecological Investigations; Flora and Fauna survey prepared by UBM Consultants PTY LTD and dated 5 September 2017.

The applicant shall ensure all works are undertaken in accordance with the endorsed CEMP.

 

            Reason: To protect the environment.

 

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

 

Reason: Statutory requirement

 

6.         Sydney Water.  (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.

 

            Reason: Statutory requirement.

 

7.         Occupation Certificate: An Occupation Certificate being obtained from the Principal             Certifying Authority before the occupation / use of the building.

 

            Reason: Statutory Requirement.

 

8.         Operational Access Management Strategy: The clubs existing operation management             strategy to provide access to the club’s facilities for disabled persons is to be signposted in             a prominent area of the Boat Shed and made available on the Club’s Website.

 

Reason:  Ensure all members and visitors are aware of and can assist with or utilise the strategy.

 

9.         Storage of Equipment: Suitable storage racks/shelving or similar are to be installed that             would allow all equipment to be stored above the floor level.

 

Reason: To prevent damage were the Boatshed storage areas to be inundated by a high tide / weather.

 

10.       External Finishes: The exterior walls of the boatshed are to be painted to match the             existing boat shed or a similar recessive colour.

 

Reason: To ensure that the Boatshed is not visually prominent when viewed from the Waterway.

 

11.       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.

 

Reason: To ensure reasonable amenity is maintained to the neighbouring properties.

 

12.       Storage of Materials: Stockpiles of topsoil, sand, aggregate, spoil or other material             capable of being moved by water are to be stored clear of any drainage line, easement,             natural watercourse, footpath, kerb or roadside.

 

            Reason: To protect the Environment

 

13.       Construction Methodology: 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.

           

            Reason: To protect the amenity of the neighbourhood.

 

14.       Fire Safety:  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.

 

            Reason: Public Safety          

 

15.       Construction 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.

 

            Reasons: Statutory Requirement

 

16.       Concrete Truck Cleaning.  The cleaning out of ready-mix concrete trucks, wheelbarrows             and the like into any waterway, bushland area or Council's gutter is PROHIBITED.

 

            Reason: To protect the environment.

 

17.       PCA 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)    The pier holes/pads before filling with concrete.

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

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

f)     Waterproofing of wet areas.

k)    Completion.

 

Reason: Statutory Requirement

 

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

a)    underpinning;

b)    retaining walls;

c)    footings;

d)    reinforced concrete work;

e)    structural steelwork;

 

            Reason: To ensure development is engineered to the appropriate standard.

 

19.       Structural Engineering Adequacy: Structural Engineer's Certificate being submitted             certifying that existing building is capable of carrying the additional loads.  Such Certificate             being submitted prior to the issue of a Construction Certificate.

 

            Reason: To ensure development is engineered to the appropriate standard.

 

20.       Roof Material: All metal deck roofs being of a ribbed metal profile, in a mid to dark colour             range with an anti glare finish.

           

            Reason: To ensure the development is visually unobstrucive and to protect the amenity of             surrounding residents.

 

21.       Survey Certificate.  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.

 

            Reason: To ensure the development is in accordance with the determination

 

22.       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.  Details of the method of removal to be submitted prior to commencing any             demolition works.

 

23.       Demolition: The demolition works being confined within the construction site fencing or as             specified by the CEMP (Refer to Condition 4).

 

            Reason: To protect the environment whilst ensuring public safety.

 

24.       Site maintenance.  The applicant must ensure that:

(a)   approved sediment and erosion control measures are installed and maintained during the construction period;

(b)   building materials and equipment are stored wholly within the work site unless an approval to store them elsewhere is held;

(c)   the site is clear of waste and debris at the completion of the works.

 

            Reason: To protect the environment

 

25.       Compliance with Australian Standards. All demolition work is to be carried out in             accordance with the requirements of the relevant Australian Standard(s).  A Demolition             Work Method Statement must be prepared by a licensed demolisher who is registered with             Safework NSW, in accordance with AS 2601-2001: The Demolition of Structures, or its             latest version. 

 

            Reason: To ensure compliance with the Australian Standards

 

26.       Waste Management Plan.  The development is to comply with the Waste Management             Plan submitted with the application.

 

            Reason: To protect the surrounding environment

 

27.       It should be understood that this consent in no way relieves the owners or applicant from             any obligation to obtain any other approval which may be required under any covenant             affecting the land or otherwise nor relieve a person from the legal civil consequences of not             complying with any such covenant.

 

28.       Long Service Levy.  Compliance with Section 109F of the Environmental Planning and             Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the             Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy             is payable by installments, the first installment of the levy) – All building works in excess of             $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

            Reason:  Statutory requirement

 

Tree Preservation

 

29.       Preservation of Trees. Lane Cove Council regulates the Preservation of Trees and             Vegetation in the Lane Cove local government area in accordance with State Environmental             Planning Policy (Vegetation in non-rural areas) 2017. Part 2 Section 7(1) of the SEPP             states “A person must not clear vegetation in any non-rural area of the State to which Part 3             applies without the authority conferred by a permit granted by the council under that Part.”             Clearing of vegetation includes “a) cut down, fell, uproot, kill, poison, ringbark, burn or             otherwise destroy the vegetation, or b) lop or otherwise remove a substantial part of the             vegetation.” 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.

 

            Reason: To protect the Environment

 

30.       Project Arborist: A Project Arborist of minimal AQF Level 5 qualification is appointed to             oversee/monitor trees condition during construction and sign off on tree protection             measures. Trees are to be monitored throughout construction and a certificate produced             upon completion demonstrating the trees have been maintained in adequate condition. All             certificates are to be submitted to the certifier or council prior to the issue of occupation             certificate.

 

            Reason: To ensure the preservation of trees during construction.

 

31.       Consent to remove Trees: This consent gives approval for the removal of Trees 2 and 3             upon issue of the Construction Certificate only.

           

            Reasons: To ensure trees are only removed in conjuction with the development that             requires their removal.

 

32.       Replacement Planting: Trees removed as part of the Development Consent must be             replaced at a ratio of no less than 1:1 and all plantings/landscaping must comply with Part J             Landscaping of the Lane Cove Development Control Plan 2010 and be installed prior to             the issue of the Occupation Certificate.

 

            Reason: To retain the existing density of trees        

 

33.       Trees to be Retained and Protected: All other trees on site are to be retained and             protected as per the Arborists recommendations. It is acknowledged that the retention tree             number 4 is at this stage unknown until roots are located through manual excavation. If the             project Arborist deems the tree unretainable during construction this is not considered a             breach on the provision justification from the Arborist is submitted to council in writing for             public record.

 

            Reason: To protect trees required to be retained.

 

34.       Excavation within Tree Protection Zone: Footing, trench or excavation that is within the             TPZ of tree 1, 4 and 5 must be carried out under the supervision of the Project Arborist and             using hand held tools only with no tree roots greater than 50mm diameter to be severed or             damaged. All roots are to be pruned and documented by the Project Arborist then submitted             with the final certificate of compliance upon completion of the project. Prior to the issue of             occupation certificate.

             

            Reason: To protect trees required to be retained.

 

35.       Tree Protection: Tree protection measures are to be installed and approved in writing by             the project Arborist prior to any demolition on site.

 

            Reason: To protect trees required to be retained.

 

36.       Tree Protection (Trunk Guards): The trunk of Trees 1, 4 and 5 must be protected during             the construction period by a trunk guard.  The trunk guard must be made of underfelt under             a layer of timber battens spaced 50 mm apart and up to 2 m from the ground.  All trunk             guards must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION             CERTIFICATE.

           

            Reason: To protect trees required to be retained.

 

Bushland

 

37.       Prevention of Weeds: All materials brought onto the site must be weed free.

 

            Reason: To protect the environment.

 

38.       Noxious Weeds: Any weeds listed under the Noxious Weeds Act must be continually             eradicated ensuring there is no re-establishment.  Refer to council’s website             www.lanecove.nsw.gov.au for further information or contact             backyardhabitat@lanecove.nsw.gov.au.

 

            Reason: To protect the environment.

 

39.       Site Access: There shall be no access through the adjacent bushland to carry out any             building works, storage of materials, storage of soil or storage of rubbish during             construction.

 

            Reason:  To protect the adjoining bushland environment

 

40.       Bushland: During the works the public bushland area must be kept clean of all building             materials and rubbish.  Any rubbish that is blown into these areas must be immediately             cleaned up.

 

            Reason: To protect the adjoining bushland environment

 

41.       External lighting:  All outside lighting must be appropriately baffled to minimise light             pollution into the bushland area and neighbouring properties.

 

            Reason: To protect the amenity of the surrounding area.

 

42.       Aboriginal Sites:  All Aboriginal sites and relics in NSW are protected under the National             Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is             uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the             NSW National Parks and Wildlife Service must be notified immediately.

 

            Reason: To preserve Aboriginal Heritage

 

Engineering

 

43.       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.

 

            Reason: To ensure the development is in accordance with the determination.

 

44.       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. 

 

            Reason: Public Safety

 

 

45.       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.

 

            Reason: To ensure the public domain infrastructure is reinstated.  

 

46.       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.

 

            Reason: Public Safety

 

47.       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.

 

            Reason: To ensure the public domain is safe and infrastructure is reinstated.        

 

48.       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.

 

            Reason: To ensure the public domain infrastructure is reinstated.              

 

49.       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’.

 

            Reason: Public Safety

 

50.       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.

 

            Reason: To ensure the public domain infrastructure is protected.

 

Engineering conditions to be complied with prior to Construction Certificate

 

51.       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.

 

52.       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

 

53.       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

 

54.       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

Site Location Plan

1 Page

 

AT‑2View

Neighbour Notification Plan

2 Pages

 

AT‑3View

Crown Lands Consent

2 Pages

 

AT‑4View

DA Application Form General Manager's approval

3 Pages

 

AT‑5View

Permission to Lodge Application Form NSW Roads and Maritime Services

1 Page

 

AT‑6View

Heritage Advisor's comments

2 Pages