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Minutes

Lane Cove Local Planning Panel Meeting

3 July 2018, 5;00pm

 

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Lane Cove Local Planning Panel 3 July 2018

Minutes

 

 

 

PRESENT:                  Hon David Lloyd, Chairman, Mr David Johnson, Environmental Expert, Ms Kara Krason, Planning Expert and Ms Maria Linders, Community Representative

 

ALSO PRESENT:       Mr Rajiv Shankar, Acting Executive Manager, Environmental Services, Mr Andrew Thomas, 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.

 

Lane Cove Local Planning Panel Reports

 

 

75 River Road, Greenwich

 

DETERMINATION

 

That pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at it’s meeting of 3 July 2018 grants development consent to Development Application 161/17 for alterations and additions to a dwelling house on Lot 2 DP 844527 and known as 75 River Road, Greenwich, subject to the following conditions:

 

Plans

 

1.         (20) That the development be strictly in accordance with drawing numbers:

·    A.01, dated 18.10.2017;

·    A.05.1, revision a, dated 18.10.2017 as amended up to 9.11.2017, and as further amended by Council in June 2018;

·    A.05.2, revision A, dated 13.12.2017;

·    A.6.01, revision a, dated 18.10.2017  as amended up to 9.11.2017; and

·    A.06.2, revision a, dated 18.10.2017 as amended up to 9.11.2017,

by Jeff Karskens Designer,

 

except as amended by the following conditions.

 

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

 

1(a)      That the Lane Cove Local Planning Panel approves the variation to the building height control provided in Clause 4.3 – Height of Buildings in Lane Cove LEP 2009, under the provision of Clause 4.6 – variations to development standards, as it satisfies the objectives of the control and the zone and there are sufficient  environmental planning grounds to satisfy the variation.

 

Reason: The Panel generally supports the findings contained in the Assessment Report and endorses the reasons contained in that report.

 

 

 

Specific            

 

2.          In order to reduce potential overlooking of the adjoining property at 73 River Road, the following privacy measures are required:

 

·                 window W03, on the eastern side of the ground floor family room, shall have a sill height of at least 1.7m above finished floor level; and

·                 a privacy screen 1.7m in height preventing overlooking of the adjoining property is to be constructed along the remainder of the eastern side of the ground floor level terrace or, alternatively, the existing height of the remainder of its perimeter wall is to be retained.   

 

PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

         Reason:  In order to maintain the amenity of the adjoining property at 73 River Road.

 

3.      So as to ensure that two cars can enter and exit the basement/garage level in a forward direction by use of the existing turntable imposed by conditions 13 and 14 respectively of the development consent granted by Council on 16 December 1992 in relation to DA70/92, no approval is granted, or implied, for a storeroom at the rear of this level. RELEVANT PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFCATE.

        

         Reason: To ensure adequate car parking is maintained for residents.

 

General                                               

 

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

           

            Reason: To ensure that construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.

 

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

 

            Reason: Statutory requirement.

 

6.         (11)  The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

 

            Reason: Statutory requirement.

 

7.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the Principal Certifier that they have complied with the applicable requirements of Part 6.  Council as the Principal Certifier will not release the Construction Certificate until evidence of Home Owners Warranty Insurance, or an owner builder permit, is submitted.

 

            Reason: Statutory requirement.

 

8.         (17) An Occupation Certificate being obtained from the Principal Certifier before the occupation of the dwelling house.

 

            Reason: To ensure all works have been completed in accordance with the development consent conditions, the approved plans and the Building Code of Australia.

 

9.         (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

10.       (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.

 

            Reason: To protect the environment and public amenity.

 

11.       (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.

 

            Reason: To protect neighbouring amenity. 

 

12.       (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.

 

            Reason: To protect the environment and public amenity.

 

13.       (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 Certifier;

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.

 

Reason: To ensure public safety and public information.

 

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

 

            Reason: To protect the environment.

 

15.       (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.

 

            Reason: To protect the environment.

 

16.    (56) Where Lane Cove Council is appointed as the Principal Certifier, 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)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

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

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

e)         Waterproofing of wet areas.

f)          Completion.

 

Reason: Statutory requirement.

 

17.       (57) Structural Engineer's details being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE for the following:-

 

a)         reinforced concrete work;

b)         structural steelwork; and

c)         upper level floor framing.

 

Reason: Statutory requirement.

 

18.       (58) A Structural Engineer's Certificate being submitted certifying that the existing dwelling house is capable of carrying the additional loads. Such Certificate is to be submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

            Reason: To ensure that the existing dwelling house is structurally capable of carrying the additional loading.

 

19.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED. Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

            Reason: To ensure public amenity.

 

20.       (61)  All timbers complying with Timber Framing Code AS 1684 - 2010.

 

            Reason: To ensure compliance with the relevant Australian Standard.

 

21.       (62) All glazing is to comply with the requirements of AS 1288.

 

            Reason: To ensure compliance with the relevant Australian Standard.

 

22.       (63) All metal deck roofs are to be of a ribbed metal profile, or colorbond corrugated galvanized or zincalume iron, in a mid to dark colour range with an anti-glare finish.

 

            Reason: In order to reduce sun reflection and glare so as to protect the amenity of surrounding residents.

 

23.       (64) A check survey certificate is to be submitted at the completion of:-

 

a)         the roof framing; and,

b)         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. 

 

24.       (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, the Regulations and the WorkCover Authority. Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

            Reason: Statutory requirement.

 

25.       (67) 

 

(a)        The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

(b)        Notwithstanding the prohibition under condition (a), the Principal Certifier may approve the use of rock pick machines providing that:-

 

i.    A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties;

 

ii.   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;

 

iii.   With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING - where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval;

 

iv.  The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

            COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Reason: To protect adjoining properties.

 

26.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in:

i.    Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

ii.   in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in:-

 

(a)        any storey containing bedrooms:

i.    between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

ii.   where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

Reason: Statutory requirement.

 

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

 

            Reason: To ensure compliance with the determination and public safety.

 

28.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

            Reason: To protect the amenity of the area.

 

29.       (74) All demolition works being completed within a period of three (3) months from the date of commencement.

 

            Reason: To protect the amenity of the area.

 

30.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

 

            Reason: To protect the amenity of neighbouring properties.  

 

31.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work.

 

            Reason: To ensure public safety.

 

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

 

            Reason: To comply with Work, Health and Safety Regulations and to ensure public safety.

 

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

           

            Reason: Statutory requirement.

 

34.       (87) The pedestrians' portion of the footpath in front of the site is to be kept clear and trafficable at all times.

 

            Reason: To maintain pedestrian access.

 

35.       (128) Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan submitted under this application. These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

            Reason: To protect the environment.

 

36.       (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.

 

            Reason: To ensure all works are carried out lawfully.

 

37.       (141) Long Service Levy Compliance with s.6.8 of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under s.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.

 

Reason: Statutory requirement.

 

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

 

            Reason: Statutory requirement.

 

Engineering                      

 

39.    (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.

 

         Reason: To ensure all works are in accordance with Council’s requirements.

 

40.    (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. 

 

         Reason: To ensure public safety and amenity.

 

41.    (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

         Reason: To ensure public works are carried out in accordance with Council’s requirements.

 

42.    (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.

 

         Reason: To ensure public safety.

 

43.    (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.

 

         Reason: To maintain Council infrastructure.

 

44.    (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.

 

         Reason: To protect, maintain and provide public utility services.

 

45.    (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’.

 

         Reason: To maintain pedestrian access.

 

46.    (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.

 

         Reason: To protect public infrastructure.

 

Engineering conditions to be complied with prior to Construction Certificate

 

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

 

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O of 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 of 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 Certifier prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with AS 3500 and Part O of Council's DCP-Stormwater Management.

 

Reason: To ensure compliance with Council’s requirements.

 

48.    (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3,000 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.

 

         Reason: To maintain public infrastructure.

 

Engineering condition to be complied with prior to commencement of construction

 

49.    (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary.

 

         Reason: To protect the environment.

 

Engineering condition to be complied with prior to Occupation Certificate

 

50.    (M2) Certificate of Satisfactory Completion:  A certificate from a registered and licensed Plumber, or a suitably qualified Engineer, must be obtained for the following matter. The plumber is to provide a copy of their registration papers with the certificate. The relevant certificate is to be submitted to the Principal Certifier prior to the 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. 

Reason: To ensure stormwater infrastructure is in accordance with Australian Standards and Council requirements.

 

 

The decision of the Panel was unanimous

 

 

4/79-85 Mars Road Lane Cove West

 

DETERMINATION

 

That the Lane Cove Local Planning Panel, as the consent authority, at it’s meeting of 3 July 2018, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, refuse development consent to DA18/33 for Internal fit-out, change of use and signage on land at 4/79-85 Mars Road Lane Cove West for the following reasons:

 

1.         Suitability of the site

 

            The site is considered a high risk area for pedestrians and small children and is not considered to be suitable for the proposed development.

 

Particulars

 

a)         The site presents a safety conflict between pedestrians and vehicles servicing the site as pedestrians are required to negotiate the driveway between the lift lobby and the unit;

b)         Access to the basement car park is restricted by the lift lobby being inaccessible from the outside which creates a conflict between pedestrians trying to access the basement car park and the driveway.

 

2.         Inadequate Parking

 

            The site does not have adequate parking to facilitate the use of the unit as a swim school.

 

Particulars

 

a)   The complex provides 4 parking spaces for the tenancy at Unit 4.  Whist the parking requirement is 5 parking spaces, the use of the tenancy as a swim school would require supplementary parking to facilitate the number of families utilising the service of the swim school.

 

3.         The Panel is not satisfied that the proposed development in this industrial zone satisfies the objectives of the zone, in particular, the objective: “to enable other land uses that provide facilities or services to meet the day to day needs of workers in the area”.

 

Reason:  The Panel supports the findings in the Assessment Report and endorses the reasons for refusal contained in that Assessment Report, together with additional reason No.3 above.

 

 

The decision of the Panel was unanimous

 

 

2-22 Birdwood Avenue and 11-15 Finlayson Street, Lane Cove

 

DETERMINATION

 

The Lane Cove Local Planning Panel at it’s meeting of 3 July 2018 determined that pursuant to the provisions of Section 4.55 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent DA125/15 granted on  25 February 2016 for a Residential Flat Building known as 2-22 Birdwood Avenue and 11-15 Finlayson Street, Lane Cove be modified as follows:

 

That Condition No. 8 be replaced as follows:

 

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

 

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

 

  Saturday                                         8:00am to 3:00pm with NO excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N. 

 

Sunday                                             No work Sunday or any Public Holiday.

 

8(a).  Deleted.

 

Reason

 

The Panel supports the findings contained in the Assessment Report, accepts the fact that workers and contractor’s vehicles cannot be accommodated within the site, accepts the submissions of objectors that the 7am start on a Saturday is unreasonable but that 8am start is acceptable and that a 3pm finishing time on Saturday is acceptable.  The Panel otherwise supports the findings contained in the Assessment Report and endorses the reasons for modification to the Clause.

 

 

The decision of the Panel was unanimous

 

The meeting closed at 6.10pm.

 

********* END OF MINUTES *********