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Minutes

Independent Hearing and Assessment Panel Meeting

6 March 2018, 5:00pm

 

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Independent Hearing and Assessment Panel 6 March 2018

Minutes

 

 

 

PRESENT:                  Hon David Lloyd, Chairman, Mr Ian Stapleton, Heritage Architect, Mr David Johnson, Environmental Scientist and Ms Jane Blackmore, Community Representative

 

ALSO PRESENT:       Mr Rajiv Shankar, Manager Development Assessment, Mr Michael Stephens, Town Planner and Angela Panich, Panel Secretariat

 

DECLARATIONS OF INTEREST:   Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Independent Hearing and Assessment Panel Reports

 

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

 

DETERMINATION

 

That pursuant to section 80(1)(a) of the Environmental Planning and Assessment Act 1979, the Independent Hearing and Assessment Panel at its meeting of 6 March 2018 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) and approved by Council 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, including natural lighting and ventilation provisions.

 

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 materials of the boatshed are to be painted in a colour  to match the existing boat shed or to a colour scheme submitted to and approved by the Council.

 

 

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 to and approved by Council 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 to and approved by Council PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

 

            f)          piers and piles.

 

            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:  The proposed change of roof material from terracotta tiles to metal is not approved.  The roof of the proposed extension on the northern end of the existing building shall be of terracotta tiles to match the existing, other than the skillion at the rear, which may be of metal.  Skylights up to 1200mm long and 900mm wide are permitted and shall be limited to the eastern slope of the proposed roof.  

           

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

 

20A      The existing eaves and overhang and the associated detail on the retained roof, shall be retained.

 

 

21.       Survey Certificate.  A check survey certificate is to be submitted at the completion of:-

 

a.         The completion of works.

 

Note:   The levels as noted on the approved architectural plans are to be taken as 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. 

.

 

55.       The proposed development shall have a disabled persons wc/shower complying with the Building Code of Australia (AS1428.1)..

 

56.       Any windows and doors to be constructed in the addition, are to be timber framed and in traditional vertical proportions.

 

            Reason:  To comply with the Sydney Regional Environmental Plan Sydney Harbour Catchment 2005, W8 Scenic Waters Passive Use zoning.

 

 

57,       The detailed design of the timber apron and ramp, taking into account the heritage location, is to be submitted to and approved by the Council PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

            Reason:  To comply with the Sydney Regional Environmental Plan Sydney Harbour Catchment 2005, W8 Scenic Waters Passive Use zoning.

 

 

The decision of the Panel was unanimous.

 

 

The meeting closed at 6.45pm.

 

 

 

 

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