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Agenda

Lane Cove Local Planning Panel Meeting

7 August 2018, 5:00pm

 

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Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Lane Cove Local Planning Panel Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove on Tuesday 7 August 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

 

Lane Cove Local Planning Panel Meeting Procedures

 

The Lane Cove Local Planning Panel (LCLPP) 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 Lane Cove Local Planning 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 LCLPP 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 LCLPP, 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.

 

 

 

 


Lane Cove Local Planning Panel 7 August 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.      LANE COVE LOCAL PLANNING PANEL MEETING - 3 JULY 2018

 

 

 

Lane Cove Local Planning Panel Reports

 

2.       2 Lincoln Street, Lane Cove West

 

3.       13 -15 Bridge Street, Lane Cove

 

4.       2 Canberra Avenue St Leonards

 

Orders Of The Day  

 

 

 

 

  


 

Lane Cove Local Planning Panel Meeting 7 August 2018

2 Lincoln Street, Lane Cove West

 

 

Subject:          2 Lincoln Street, Lane Cove West    

Record No:    DA18/82-01 - 38579/18

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

Property:

2 Lincoln Street, Lane Cove West (and Adjoining Road Reserve)

DA No:

DA82/2018

Date Lodged:

11 May 2018

Cost of Work:

$10,000

Owner:

Bricktop Trumen No 5 Pty Ltd (Lot 3 DP 733666)

Lane Cove Council (Road Reserve)

Applicant:        

Bricktop Trumen No 5 Pty Ltd

 

Description of the proposal to appear on determination

Additions to an Existing Carpark

Zone

IN2 Light Industrial

Is the proposal permissible within the zone

Yes

Is the property a heritage item or within a conservation area

No

Is the property adjacent to bushland

Yes

BCA Classification

Class 7a

Stop the Clock used

No

Notification

Notified in accordance with Council policy.  

 

Reason for Referral

 

Development Application DA82/2018 is referred to the Lane Cove Local Planning Panel as the development encroaches the road reserve, of which Council is the owner and road authority.

 

Executive Summary

 

Development Application DA82/2018 was lodged on 11 May 2018 for additions to an existing carpark, ancillary to a light industrial building, for the construction of six parking spaces which partially encroach within the road reserve.

 

The Development Application has been assessed against the relevant provisions of Section 4.15 with specific regard to LEP 2009 and DCP 2010 as detailed within the report and is considered satisfactory. The works on the subject site relate to existing hardstand parking areas. The works within the road reserve would have the benefit of reducing the demand for on-street parking. The works would not impact the existing usability of the road reserve with regard to vehicle or pedestrian usage, nor unreasonably detracting from the visual appearance of the road reserve.

 

The proposed car parking spaces encroach the road reserve. A draft condition of consent is recommended requiring consent and a lease to be in place under the relevant sections of the Roads Act 1993.

 

The Development Application was notified in accordance with Council policy and no submissions were received.

 

The Development Application is recommended for approval subject to draft conditions.

 

Site

 

The site is legally described as Lot 3 in DP 733666 and formally described as 2 Lincoln Street, Lane Cove West.

 

The site contains a commercial building to the west and double height industrial building to the east. The site is adjoined by industrial development to the north and bushland forming part of Blackman Reserve to the south.

 

The subject site and the approximate road reserve area subject to this Development Application are shown in Figure 1 below.  Site Plan and Notification Plan attached (AT1 and AT2).

 

Figure 1: The Site

 

Previous Applications/History

 

Date

Description

16/05/2016

Development Application DA41/2016 approved for the stratum subdivision of the building into two lots.

 

 

 

 

 

Proposal

 

The proposal is for the construction of six car parking spaces. Three existing car parking spaces are proposed to be removed (see Figure 2) and six constructed (see Figure 3) resulting in a net increase in parking of three spaces.

 

The construction of the parking spaces would require the removal of vegetation within the road reserve. Council’s Tree Assessment Officer has identified the vegetation as small self-seeded vegetation, one dead tree and two small low-value Acacias and one Tea Tree. Landscaped areas will be retained suitable for ground cover or shrub planting.

 

The extent of encroachment in to the road reserve is shown in Figure 3 as outlined in red.

 

Figure 2: Existing Car Parking Layout

Figure 3: Proposed Car Parking Layout

 

Environmental Planning and Assessment Act 1979

 

Section 4.15 Matters for Consideration

 

(a)  The provisions of:-

 

(i)         Any environmental planning instrument:

 

State Environmental Planning Policy No. 55 - Remediation of Land

 

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. The site has a history of light industrial use and as the proposal is for the construction of car parking within an existing landscaped verge. Further investigation is not warranted in this case.

 

Local Environmental Plan 2009

 

Clause 2.2 - Zoning

 

The site is zoned ‘IN2 – Light Industrial’ under the provisions of the LEP 2009.  The proposed development is permitted in this zoning being parking forming part of a light industrial development.

 

Clause 2.3 – Zone Objectives

 

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. The proposal retains a suitable level of landscaping given the context of the site and does not reduce the functionality of the road reserve in supporting the viability of the light industrial area.

 

(ii)        Any proposed instrument (Draft LEP, Planning Proposal)

 

There are no relevant Draft Environmental Planning Instruments for the subject site.

 

(iii)       Any development control plan

 

Comprehensive LCDCP 2010

 

Part E – Industrial Development

 

An assessment of the proposal has been undertaken against the relevant parts of Part E as follows:

 

a. E.2 - Objectives

 

The proposal complies with the general objectives under E.2 as it would not detract from the visual appeal of the development (Objective 1) or impact the existing pedestrian network throughout the industrial area (Objective 5) as the road reserve subject to this Development Application does not include potential for pedestrian movement through it.

 

b. E.9 - Landscaping

 

Part E.9(f) states the following:

 

Landscaping in the public domain should promote a cohesive landscape setting. Development is to provide street tree planting to match existing or to Council requirements, grasses, shrubs and accent planting or any combination of these.

 

The trees proposed to be removed have been assessed by Council’s Tree Preservation Officer and are not considered to be of high value for retention. The resulting landscaping would be cohesive with the existing landscaping fronting the site and is suitable given the constrained nature of this particular part of the industrial estate with limited room for maneuvering. Notwithstanding, the recommended draft conditions require the provision of two trees to Council for planting elsewhere to promote the landscaped character of the public domain. The proposal is considered satisfactory with respect to E.9 of the DCP.

            

Part R – Traffic, Transport and Parking

 

a. R.2 Parking - 2.1 Objectives

 

The proposal complies with the relevant objectives of Part R of the DCP. The provision of additional parking reduces demand on on-street parking in an area with limited on-street parking (Objective 2) without reducing the existing functionality of the road reserve.

 

Referrals

 

Council’s Major Projects Team

 

The application was discussed with Council’s Major Projects team and no objection was raised to the proposed development subject to a condition, requiring the applicant to enter into a lease agreement with Council over the land within the road reserve, as reflected in draft condition 7.

 

Tree Management

 

The proposal seeks to remove small self seeded vegetation, one dead tree and two small low value Acacias and one Tea Tree. The modification to the existing car parking bays would not leave sufficient replanting space on the site for trees. To compensate for this, Council requires two replacement trees to be supplied for installation at council’s discretion. No objections subject to recommended draft conditions.

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

Traffic Engineer

 

No objections subject to recommended draft conditions.

 

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

 

The impacts of the development are considered satisfactory as assessed previously in this report subject to recommended draft conditions of consent.

 

(c)  The suitability of the site for the development

 

The site is suitable for the development being car parking within an existing car park and the encroachment in to the road reserve does not reduce its functionality.

 

(d) Any submissions made in accordance with this Act or the regulations

 

The proposal was notified for 14 days in accordance with Council policy and no submissions were received.

 

(e) Public Interest

 

The proposal is in the public interest because it does not reduce the functionality of the road reserve in terms of on-street parking, vehicular movement or pedestrian movement and provides on-site parking for workers and visitors to the industrial site.

 

Conclusion

 

The Development Application has been assessed with respect to the relevant provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979, Lane Cove Local Environmental Plan 2009, and Lane Cove DCP. The proposal provides for additional off-street parking and does not reduce the functionality of the existing road reserve. The Development Application is considered satisfactory.

 

 

Recommendation

 

That pursuant to section 4.17 of the Environmental Planning and Assessment Act 1979, the Panel grants development consent to Development Application DA82/2018 for additions to a car park on Lot 3 DP 733666 known as 2 Lincoln Street, Lane Cove West, and the adjacent road reserve, subject to the following conditions:

 

GENERAL

 

1.       Approved Plans/Documents. 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:

 

Plan No

Title

Author

Date

TP1.23A

Proposed Ground Tenancy Plan

Rothelowman

28/03/2018

 

The Development must be carried out in accordance with the 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: Statutory requirement

 

3.         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

 

4.        Occupation Certificate: An Occupation Certificate is required from the Principal Certifier (PC) before the occupation of the development.

 

Reason: Statutory requirement

 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

 

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

 

Reason: Statutory requirement

 

6.        Tree Preservation. Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Section 2.2 of Lane Cove Development Control Plan 2010 (‘The DCP’), 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 and/or pruning 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.

 

7.         Construction of Car Spaces 109 – 114 on Plan TP1.23A. Prior to the issue of a Construction Certificate the Owner of the Land must make application to the Lane Cove Council, as roads authority, for:

a.   consent to the construction and subsequent use of the private car spaces numbered 109 -114 noted in approved plan TP1.23A (being located on the road reserve within Lincoln Street) (Car Spaces), pursuant to section 138 of the Roads Act 1993; and

b.   a lease of the area occupied by the car spaces pursuant to the operation of s153(a) of the Roads Act 1993,

and must provide a copy of:

c.   the consent issued by Lane Cove Council pursuant to s.139 of the Roads Act 1993; and

d.   the Lease granted by Lane Cove Council pursuant to section 153(1) of the Roads Act 1993,

to the principal certifying authority as evidence of the Lane Cove Council’s consent, acting as roads authority, to the establishment and use of the Car Spaces.

 

            Reason: Statutory requirement before construction within, and use of, road reserve.

 

DURING CONSTRUCTION

 

8.         Car Park Design. The proposed Car Park design shall comply with AS 2890.1-2004. This             includes all parking spaces and aisle widths. All car parking spaces are to be line marked.

 

            Reason: To ensure car parking layouts comply with the Australian Standard.

 

9.         Vegetation Removal. The vegetation and three shrubs located in the north eastern corner             of the site may be removed. UPON ISSUE OF THE CONSTRUCTION CERTIFICATE             ONLY.

 

            Reason: To ensure vegetation removal is not undertaken without a Construction Certificate             being issued.

 

10.        Work Hours:  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: Council Policy to protect the amenity of the locality.

 

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

 

            Reason: To protect the environment.

 

12.       Amenity: 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.

 

13.      Storage of Materials/Skips: 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: Public Safety

 

14.       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 Certifier (PC);

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: Statutory Requirement:

 

15.       Concrete Waste: The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

          Reason: To protect the environment.

 

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

 

16.       Two Eucalyptus resinifera (Red Stringybark) are to be supplied to Council by the applicant in minimum 10 inch pot sizes. The replacement trees will  be installed by Council in a suitable area close to the site. PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

 

            Reason: To provide for replacement street tree planting.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Site Plan

1 Page

 

AT‑2View

Notification Plan

2 Pages

 

 

 


 

Lane Cove Local Planning Panel Meeting 7 August 2018

13 -15 Bridge Street, Lane Cove

 

 

Subject:          13 -15 Bridge Street, Lane Cove     

Record No:    DA18/65-01 - 43002/18

Division:         Environmental Services Division

Author(s):      Andrew Thomas 

 

 

 

Property:

13 - 15 Bridge Street, Lane Cove

DA No:

D65/18

Date Lodged:

11.4.18                           

Cost of Work:

Nil

Owner:

Arrow Bridge Street Pty Ltd

Applicant:        

NKT Architecture Pty Ltd

 

Description of the proposal to appear on determination

Subdivision of multi - dwelling housing into five Torrens title lots.

Zone

R3 Medium Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 1a

Stop the Clock used

No

Notification

Neighbours                             7 - 9, 11, 17, 20, 22, 24, 26 and 28 Bridge Street and 21 Grace Street.

Ward Councillors                   Central

Progress Association             None operating in the area.

 

A neighbour notification plan is attachment AT-1.

 

REASON FOR REFERRAL

 

Development application D65/18 is referred to the Lane Cove Planning Panel as the proposed subdivision would result in a floor space ratio on one of the five proposed lots more than 10% above the floor space ratio standard of 0.7:1 that applies to the whole of the site.

 

EXECUTIVE SUMMARY

 

·    In December 2017 Council granted approval to development application D131/17 for a multi-dwelling housing development consisting of five townhouses on the site. Work on this development has not commenced.

·    Development application D65/18 seeks consent for the proposed subdivision of this development into five Torrens title lots.

·    No submissions were received in response to Council’s notification of the proposal.

·    The proposal is reasonable and therefore the application is recommended for approval. However, approval of the proposed subdivision should be tied into the townhouse development approved under development application D131/17.

 

Therefore the Recommendation of this report is that development consent for development application D65/18 is deferred until the works approved under development application D131/17 have been completed and an Occupation Certificate has been issued for that development. This would ensure that the approved townhouse development is the only development permitted to be subdivided into five Torrens title lots on the site.

 

SITE

 

Property

Lots 2 and 3 DP 104623

Area

1,450.3m2        

Site location

The site is located at the northeastern corner of the intersection of Bridge Street and Grace Street.

Existing improvements

The subject site comprises two residential lots with a dwelling house and other ancillary improvements on each lot.  

Shape

Regular rectangle.                                          

Dimensions

The site has a combined frontage to Bridge Street of about 31.7m and a combined frontage to Grace Street of about 45.7m.                          

Adjoining properties

To the north of the site at 7- 9 Bridge Street is a multi - dwelling townhouse development that has a frontage to both Bridge Street and Grace Street. The locality is otherwise characterised by single and two storey dwelling houses.

 

PREVIOUS APPROVAL

 

On 11 December 2017 Council approved development application D131/17 for the demolition of the existing structures on the site, and the construction of a multi-dwelling housing development comprising five x two storey townhouses subject to conditions. 

 

This townhouse development has no common property. Each townhouse has an attached garage and a carport over its own driveway. No subdivision of this development was proposed. No works have commenced on the site.

 

PROPOSAL

 

 

Development application D65/18 seeks approval for:

 

·    the subdivision of the approved multi-dwelling housing development on this site into five Torrens title lots; and

 

·    modifications to the stormwater layout approved under development application D131/17. 

 

Details of both aspects of the proposal follow.

 

Subdivision  

 

The subdivision proposes five Torrens title lots with the following areas:

 

 

·    Lot 1: 323.4m2

·    Lot 2: 323.4m2

·    Lot 3: 293.3m2

·    Lot 4: 233.8m2

·    Lot 5: 276.4m2

 

Each proposed lot would include one of the five townhouses approved under development application D131/17 in the following arrangement:

 

·    proposed lots 1 and 2 would comprise two attached dwellings facing Grace Street; and

·    proposed lots 3, 4 and 5 would comprise three attached dwellings in a row facing Bridge Street.

 

The proposal would require cross easements for support along dividing walls.

 

The application confirms that the proposed subdivision would occur upon completion of the multi-dwelling housing development approved under development application D131/17 and the issue of its Occupation Certificate.

 

The following plan outlines the proposed subdivision. This is superimposed over the approved multi-dwelling townhouse development. The plan also shows the common side boundary between the existing two lots that comprise the subject site and that runs in a northwesterly direction from its Bridge Street frontage.

 

 

 

 

Comment

 

Confirmation that the existing two lots have been consolidated into one lot would be required to enable the proposed subdivision to occur. This aspect is addressed under Part A of the Recommendation to this report.

 

Stormwater

 

1.   Approved system

 

The development consent issued for development application D131/17 lists a set of stormwater management plans under condition 1. These plans show two On-Site Detention (OSD) tanks that would collect stormwater from the development: one tank would connect with the two attached townhouses facing Grace Street, and the other tank would connect with the three attached townhouses facing Bridge Street. In addition, each townhouse would have its own 1,500 litre above ground rainwater reuse tank.

 

2.   Proposed system

 

The modification sought to the approved stormwater system proposes the construction of a below ground 10,000 litre rainwater tank within the front yard of each of the five proposed lots so as to off-set the OSD system imposed by Council in relation to the consent for development application D131/17. This proposed modification to the approved stormwater system is shown in Figure 8 on page 8 of the applicant’s Statement of Environmental Effects that is attachment AT- 2.

 

Comment

 

These plans and related conditions would need to be amended to address the intended stormwater arrangement outlined under this subdivision proposal. This will require a separate application to amend development application D131/17. 

 

Justification

 

The applicant submits that the proposed subdivision would:

 

·    reflect the approved townhouse development;

·    provide a more orderly and economic use of the site;

·    not require a Strata form of subdivision because there is no common property or services that would otherwise need to be addressed by an Owners Corporation and costs associated with meetings and fees;

·    include a covenant on each proposed lot so as to ensure any future development cannot exceed the approved FSR for the site;

·    not cause any impacts to surrounding properties; and

·    have no external impact.

 

A copy of the applicant’s original and supplementary Statement of Environmental Effects is attachment AT- 2 and AT - 3 respectively.

 

 

 

 

PROPOSAL DATA/COMPLIANCE

 

Local Environmental Plan 2009 (the LEP)

 

Zoning: R3 Medium Density                        Site area: 1,450.3m² (13 - 15 Bridge Street)

 

 

Proposed

Control

Complies

Floor Space Ratio (max)

Lot 1: 323.4m2 – 0.675:1

Lot 2: 323.4m2 – 0.628:1

Lot 3: 293.3m2 – 0.597:1

Lot 4: 233.8m2 – 0.885:1

Lot 5: 276.4m2 – 0.744:1

 

0.7:1  for the site

Yes, in part, because lots 1- 3 would comply, but lots 4 and 5 would not.

*A variation under cl.4.6 of the LEP has been submitted in relation to lots 4 and 5 and is supported.

Height of buildings (max)

Not applicable to the proposed subdivision.

9.5m

Yes, and unchanged from that approved under D131/17.

 

* Both proposed variations to the FSR standard are addressed under the later sub-heading Exceptions to development standards that appears under an assessment of the proposal in relation to the LEP.

 

REFERRALS

 

Development Engineer

 

Council’s Development Engineer has recommended draft conditions 3 and 4 which  are included in the Recommendation to this report.

 

Council’s Solicitors

 

Advice was sought from Council’s solicitors which states:

 

· the development is permissible;

· the applicant’s cl. 4.6 variation to the approved FSR standard is not required; and

· a condition requiring the registration of covenants to restrict the FSR of the whole development is not required or necessary.

 

ASSESSMENT: ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

 

Section 4.15 (1)(a)(i): Any environmental planning instrument

 

The Lane Cove Local Environmental Plan 2009 (the LEP)

 

a)   General

 

In relation to the LEP the proposed subdivision:

·    is permissible with consent under cl. 2.6; and

·    is not constrained by the minimum lot size control of 550m2 under cl. 4.1(3) because the site is excluded from the Lot Size Map as illustrated in an extract of this map below – the site is highlighted in red.

 

 

·    satisfies the relevant objectives of the R3 zone (see the later sub-heading c) Exceptions to development standards);

·    complies with its standard for Floor space ratio (FSR) for three of the proposed five lots;

·    the applicant has submitted a written variation under cl. 4.6 of the LEP to this standard in relation to those two proposed lots where the proposed FSR would not comply; and

·    does not raise any other issues in relation to the LEP itself.

 

b)   Floor space ratio standard

 

Part 4 of the LEP is headed Principal development standards. Cl. 4.4 of the LEP is headed Floor space ratio (FSR) and states that this must not exceed the maximum FSR shown for land on the Floor Space Ratio Map. The following extract of this map imposes a maximum FSR standard of 0.7:1 for the site which is again shown in red.

 

 

As indicated earlier in this report, with an FSR of 0.7:1 the approved townhouse development on the site complies with the maximum permissible FSR. However two of the proposed five lots would exceed the FSR standard of 0.7:1 by the following amount:

 

·    with a FSR of 0.885:1 proposed Lot 4 would exceed the FSR by about 43m2 ; and

·    with a FSR of 0.744:1 proposed Lot 5 would exceed the FSR by about 12m2.

 

c)   Exceptions to development standards

 

Cl. 4.6 of the LEP is headed Exceptions to development standards.

 

Cl. 4.6 (3) requires an applicant to submit a written request to a consent authority justifying the contravention of a development standard before that authority can grant development consent to that development.

 

Cl. 4.6 sets out those matters that are required to be addressed if a development standard is intended to be exceeded. The first of these matters, the objectives of cl. 4.6, is addressed below.

 

i.    Objectives

 

(1)  The objectives of this clause are as follows:

 

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

 

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

The Applicant has submitted a written request to vary the FSR development standard that is attachment AT - 4. In summary the applicant’s request states:

 

·    there would be no discernible external change because the bulk and scale of the approved development would remain the same; and

·    the nature of the proposed non-compliance is irrelevant to the bulk and scale of the development.

 

ii.   Assessment of the exception under cl. 4.6

 

The matters required to assess a proposed variation of a development standard are addressed under the separate sub-headings that follow and include a comment on each matter.

 

iii.  Is the planning control a development standard?

 

Yes, cl. 4.4 – Floor space ratio is a development standard.

 

Comment

 

Whilst the FSR for two of the five proposed lots would exceed the standard, the FSR of the approved development would not change.

 

iv.  What is the underlying object or purpose of the standard?

 

The purpose of cl. 4.4 is to ensure that the built form of new developments reinforce and respect the existing character and scale of land uses, having regard to the area of the site and the type of development proposed. Cl. 4.4 specifically states that the objectives of cl. 4.4 (1)(a) is “to ensure that the bulk and scale of development is compatible with the character of the locality.”

 

 Comment

 

The bulk and scale of the development was approved under development application D131/17 and this would not change.

 

v.   Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

 

Preston CJ, in Wehbe v Pittwater Council [2007] NSWLEC 827, stated that “the rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. Compliance with a development standard is fixed as the usual means by which the relevant environmental or planning objective is able to be achieved. However, if the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary (it is achieved anyway) and unreasonable (no purpose would be served).”

 

Comment

 

The variation sought to the FSR development standard is relatively minor and would only apply to two of the proposed five lots. The maximum permissible FSR of 0.7:1 for the approved development would be maintained because the proposed FSR of the other three lots would be less than 0.7:1.

 

Consequently, the non-compliance is not relevant to the bulk and scale of the development as a whole because the maximum FSR of 0.7:1 that is permissible on this site would not change. Therefore compliance with the development standard is unreasonable or unnecessary in the circumstances of this proposal.

 

In addition, Preston CJ, in Wehbe v Pittwater Council [2007] NSWLEC 827, established a number of ways of determining whether compliance with a development standard is unreasonable or unnecessary in the circumstances of the case. The most common approach is to establish that compliance with the objectives of the control is achieved notwithstanding non-compliance with the particular standard.


In accordance with cl. 4.6(4)(a)(ii) of the LEP, the consent authority must be satisfied that “the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out…”.

 

vi.  Objectives of the particular standard

 

The objectives of cl. 4.4 Floor space ratio are as follows:

 

(a)  to ensure that the bulk and scale of development is compatible with the character of the locality.

 

Comment

 

The proposal would not alter the approved building density on the site, which is consistent and compatible with the scale of medium density residential development within the immediate locality. In addition, the approved development complies with the overall height standard and is compatible with the desired future character of built form within the locality. Further, the approved development responds to Council’s controls under the Lane Cove LEP 2009 and the Development Control Plan 2009 that apply to the subject site.

 

Having regard to the above, strict compliance with the FSR development standard for proposed lots 4 and 5 is unreasonable and unnecessary in the circumstances of the case.

 

vii. Objectives for development within the zone

 

The site is in Zone R3 Medium Density Residential under the LEP. The objectives of the R3 zone are:

 

·    To provide for the housing needs of the community within a medium density residential environment.

·    To provide a variety of housing types within a medium density residential environment.

·    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

·    To encourage the erection of buildings that are designed in response to the characteristics of the site and locality.

·    To maximise the residential amenity of medium density housing in the area.

·    To provide for a suitable visual transition between high density residential areas and lower density residential areas.

·    To ensure that landscaping is maintained and enhanced as a major element in the residential environment. 

Comment

In relation to the objectives of the R3 zone stated above the proposed subdivision:

·    would generally satisfy the relevant objectives because it would allow individuals to own their own townhouse within a medium density development that has been approved with reasonable landscaping and amenity, and that forms a transition between high density residential development located to the north of the site and lower density residential development opposite the site to the south and to the west; but

·    is not relevant to third bullet point above because the proposal relates to a residential development and not an alternative land use that is permissible in the R3 zone.          

Therefore strict compliance with the FSR development standard in relation to two of the proposed five lots is considered to be unreasonable and unnecessary in these circumstances.

 

viii.            Are there sufficient environmental planning grounds to justify contravening the development standard?

 

The decision in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90, indicates that merely showing that the development standard achieves its objectives is insufficient to justify that a development is unreasonable or unnecessary in the circumstances of the case for the purposes of an objection under cl. 4.6. This case also demonstrates that the requirement in cl. 4.6 (3)(b) of the LEP to justify there are sufficient environmental planning grounds for the variation, requires identification of grounds particular to the circumstances of the proposed development, and not simply grounds that apply to any similar development on the site or in the vicinity.

 

Despite the non-compliance with the maximum FSR for two of the proposed lots, the proposal overall would be consistent with the relevant objectives of the R3 zone as stated above and in addition:

 

·    the development complies with the maximum building height standard control and is of an appropriate density when considered in context, notwithstanding the relatively minor deviation from the FSR standard for two of the proposed lots;

·    the overall design of the approved townhouse development would not change and by virtue of its approval has been found to be consistent with the relevant controls contained within the LEP 2009 and the DCP 2009;

·    the variation to the FSR development standard for two of the proposed lots would not contribute to either approved townhouse being of an unreasonable bulk and scale; and

·    the proposal would not change the approved development’s impact on the overall amenity of any neighbouring property.

 

ix.  Is compliance with the development standard consistent with the objectives of the development standard and the relevant objectives of the land zone?

 

The bulk and scale of the development is compatible with the character of built form within the locality and would not change any of the impacts already determined under the assessment of development application D131/17 on neighbouring properties. The proposal remains consistent with the objectives of cl. 4.4 Floor space ratio and the relevant objectives of the R3 Medium Density Residential zone under the LEP as previously stated in this report.

 

x.   Will strict compliance with the development standard tend to hinder the attainment of the relevant Objects specified in s.1.3 of the Environmental Planning and Assessment Act, 1979 (the EP&A Act)?       

 

Strict compliance with the development standard would hinder attainment of the relevant Objects specified in s.1.3 of the EP&A Act because:

 

·    to comply with the FSR standard would prevent this proposed Torrens title subdivision of the development;

·    as there is no common property in the approved townhouse development there is no reason for the development to be subject to a Strata subdivision; and

·    to comply with the FSR standard would require the Strata subdivision of the approved development, however, this would be undesirable because it would require the common metering for some services, an Owners Corporation and associated fees/meetings to manage common property areas.

 

xi.  Is the exception well founded?

 

The proposal is consistent with the objective of the FSR development standard as the bulk and scale of the development would not change to that already approved under development application D131/17 and therefore it would remain consistent with the desired and prevailing character of residential development in the locality. In addition, the proposal would ensure that the overall amenity of neighbouring properties would not change. As such, the exception is considered to be well founded. 

 

Conclusion

 

A request for a variation to the FSR development standard under cl. 4.6 of the LEP 2009 has been submitted by the applicant. Strict compliance with the FSR standard is considered to be unreasonable and necessary in the circumstances of the case. On balance, the proposed development is satisfactory, and the request for variation is well founded and is supported.

 

Section 4.15 (1)(a)(iii):  Any development control plan

 

The Lane Cove Development Control Plan 2009 (the DCP)

 

This aspect was addressed at the time of Council’s assessment of the proposed townhouse development on the site submitted under development application D131/17. 

 

Section 4.15 (1)(a)(iv): Applicable regulations

 

Not an issue in relation to the proposed subdivision.

 

Section 4.15 (1)(b): Any likely impacts

 

There would be no external impacts over and above those assessed in relation to development application D131/17.

 

Section 4.15 (1)(c): The suitability of the site

 

The assessment of development application D131/17 determined that the site was suitable for multi-dwelling housing. The proposed Torrens title subdivision of that development would not change the site’s suitability for multi-dwelling housing.

Section 4.15 (1)(d): Any submissions received 

 

No submissions received.

 

Section 4.15 (1)(e): The public interest

 

The proposal would result in a more efficient use of the site in that each approved townhouse would be a dwelling on its own lot and independent from any other dwelling. This would result in associated savings to the respective owners because without any common property there would be no reason for the development to be subject to a Strata subdivision and an Owners Corporation to assist in its general operation. On this basis the proposal would be in the public interest.

 

CONCLUSION

 

The proposed subdivision of an approved multi-dwelling development of five townhouses on this site into five Torrens title lots has merit.

 

As the site is not subject to the minimum lot size control under the Lane Cove LEP (the LEP) there is no restriction on the area of each proposed lot.

 

Council’s legal advice confirmed that a Clause 4.6 variation to the floor space ratio standard (FSR) that applies to the site under the LEP is not necessary. However for abundant caution because the FSR of two of the proposed lots would exceed the maximum of 0.7:1 that applies to the site, the applicant has submitted a cl. 4.6 variation to this standard. The applicant’s variation is supported.

 

In relation to the applicant’s request to vary the FSR standard, the applicant has proposed that Council impose a covenant on each lot so as to ensure that the FSR for the approved development is not exceeded in the future. However, Council’s legal advice has also confirmed that the Land and Environment Court (NSW) are reluctant to impose such a covenant. Consequently any application for additional floor space on any of the five proposed lots in the future would be assessed on its merits.     

 

Matters in relation to s. 4.15 of the Environmental Planning and Assessment Act 1979 have been satisfied, and no submissions have been received.

 

As the proposed subdivision would be consistent with the approved townhouse development the development application is recommended for approval and the applicant’s Clause 4.6 variation is recommended for support. However development consent should be deferred to ensure all works are completed in relation to the approved townhouse development on the site and the relevant occupation certificates issued, and that the site has been consolidated into one lot.

 

 

RECOMMENDATION

 

PART A

 

That the Lane Cove Local Planning Panel supports and approves the variation to the floor space ratio standard provided in Clause 4.4 – Floor space ratio in Lane Cove LEP 2009, under the provision of Clause 4.6 – Exceptions 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.

 

Part B

 

That pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979, the Lane Cove Planning Panel grants a deferred development consent to Development Application D65/18 for the subdivision of multi - dwelling housing into five Torrens title lots on existing lots 2 and 3 DP 104623 and known as 13 -15 Bridge Street, Lane Cove, subject to the following:

 

1.   Submission of the registered plan confirming that the site’s existing two lots have been consolidated into one lot.

2.   Submission of all Occupation Certificates confirming the completion of all necessary works approved, and as required to be amended in relation to stormwater collection and retention, under Development Application D131/17.

 

Part C

 

Subject to both matters under Part B above being satisfied, an Operative Consent and plans be issued subject to the following conditions:

 

Plans

 

1.         (20) That the development be strictly in accordance with drawing number 200192, Issue 1,             dated 1.3.18, by Veris Australia Pty Ltd, except as amended by the following conditions.

 

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

 

General

 

2.         (24) A s.73 Compliance Certificate under the Sydney Water Act 1994 must be obtained             from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The s.73 Certificate is to be submitted to Council prior to the release of the plan of subdivision.

 

            Reason: Statutory requirement.

 

3.         (X1) 88B Instrument: An instrument under Section 88B of the Conveyancing Act 1919 plus two copies is to be submitted to Council prior to the release of the subdivision certificate. The Section 88B instrument shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.

 

 

            Where Council, interallotment drainage lines or services are located within the development, drainage easements and easements for services shall be created in accordance with Council’s minimum widths as set out in Part O Stormwater Management under Council’s DCP 2009.

 

            Part 2 of the Section 88B instrument shall contain a provision that any easements, rights of way, covenants shall not be extinguished or altered without the written consent of Council.

 

            Reason: Statutory requirement.

 

4.         (X2) Linen Plan of Subdivision: A Linen Plan of Subdivision plus 5 copies are to be submitted to Council prior to the release of subdivision certificate.

           

            The linen plan of subdivision shall be suitable for endorsement by Council’s General Manager pursuant to Section 327 of the Local Government Act and shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.

 

            Reason: Statutory requirement.

 

5.         (29) The Linen Plan/Subdivision Certificate will only be released by Council upon satisfactory compliance with the requirements of the conditions above and subject to the Linen Plan/Subdivision Certificate being substantially in accordance with the approved Plan of Subdivision.

 

            Reason: Statutory requirement.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Notification Plan

2 Pages

 

AT‑2View

Statement of Environmental Effects

13 Pages

 

AT‑3View

Supplementary Statement

4 Pages

 

AT‑4View

S4.6 Variation

16 Pages

 

 

 


 

Lane Cove Local Planning Panel Meeting 7 August 2018

2 Canberra Avenue St Leonards

 

 

Subject:          2 Canberra Avenue St Leonards    

Record No:    DA17/141-01 - 31437/18

Division:         Environmental Services Division

Author(s):      Natalie Piggott 

 

 

 

Property:

2 Canberra Avenue St Leonards

DA No:

DA17/141

Date Lodged:

21/09/2017

Cost of Work:

$9,589,963.00

Owner:

KLF North Shore Pty Ltd

Applicant:        

KLF North Shore Pty Ltd

 

Description of the proposal to appear on determination

Demolish and construct a 7 storey residential flat building with basement car parking.

Zone

R4 - High Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 2 and 7a

Stop the Clock used

No

Notification

2, 4-6 and 8-10 Duntroon Avenue     

2, 4, 6 & 8 Marshall Avenue

1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23 & 25 Canberra Avenue

2, 4, 6, 8, 10, 12, 14, 16 & 18 Holdsworth Avenue

 

REASON FOR REFERRAL

 

Development Application DA17/141 is referred to Lane Cove Planning Panel for consideration and determination as the proposed development is for a residential flat building requiring SEPP 65 assessment which is a high risk application.

 

EXECUTIVE SUMMARY

 

Development application DA17/141 proposes the demolition of the existing structure onsite and the construction of a 7 storey residential flat building comprising of 34 apartments and 2 basement car parking levels accommodating 38 car parking spaces.

 

In accordance with Council’s notification policy the application was notified to surrounding properties and 6 submissions were received identifying the following issues:-

·      Lack of privacy accorded to residents of Pavilions development along Duntroon Avenue;

·      Noise impact from location of the driveway and carpark ramp;

·      Lack of vegetation at ground level and tree loss;

·      Excavation, demolition and construction impacts;

·      Overshadowing and ventilation impacts;

·      Traffic and parking impacts;

·      Lack of communal open space provisions;

·      Non-compliance to floor space ratio;

·      Non-compliance to setbacks; and

·      Length and width of building presentation;

After significant issues were identified by Council Officers the development application was amended to propose a 7 storey residential flat building comprising of 30 apartments and 2 basement car parking levels accommodating 34 car parking spaces.  This was a reduction of 4 apartments and 4 car parking spaces.

 

The amended application was re-notified with 2 submissions received identifying the following issues:-

 

·    Privacy impacts;

·    Noise impacts from driveway and car park ramp;

·    Non-compliance with floor space ratio;

·    Landscaping provisions;

·    Car parking; and

·    Lack of internal communal facilities.

 

The site is zoned R4 High Density Residential in which residential flat buildings is permissible.  The proposal seeks to vary the maximum building height standard of 21 metres and floor space ratio standard of 2.0:1 under Lane Cove LEP 2009.  The proposed development would have a maximum height of 21.26 metres for the lift overrun and a floor space ratio of 2.19:1.  The applicant has lodged Clause 4.6 variations with the application which are considered to be well founded.

 

 

SITE

 

Property

Lot No.  1 and 11 SP No. 654

Area

1,310m²

Existing improvements

Currently onsite is a two storey residential flat building with at grade parking.

Shape

The site is triangular in shape with a frontage of 48.265m, 12.475m & 24.47m, rear boundary adjoining the rail line of 75.39m and side boundary of 36.86m

Adjoining properties

The adjoining property on the southern boundary at 2 Duntroon Avenue is a residential flat building, the properties opposite the site along Canberra Avenue are low density residential dwelling and the rear eastern boundary adjoins the North Shore Railway Line.

It is noted that the low density residential dwellings along Canberra Avenue is within the St Leonards South Precinct which is currently undergoing rezoning under a planning proposal.  A gateway determination was given by the Department of Planning and Environment on 2 September 2016 to allow Council to proceed with the planning proposal and the Draft St Leonards South LEP and DCP were exhibited from 20 October 2017 to 5 January 2018.

 

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

 

Figure 1: Aerial of subject site

 

PREVIOUS APPROVALS/HISTORY

 

There are no previous applications that are relevant to this application.

 

PROPOSAL

 

The development application proposes to demolish the existing structure and construct a 7 storey residential flat building comprising of the following:-

 

·    Basement 2:  21 car parking spaces including 3 accessible spaces, 20 storage units/cages, 3 motorcycle parking spaces, lift and internal access and fire stairs;

·    Basement 1:  13 car parking spaces (7 residential including 3 accessible parking spaces and 6 visitor parking spaces including 1 accessible parking space), 10 bicycle parking racks, waste room, loading bay, bulky waste storage room, lift and internal access and fire stairs;

·    Ground floor:  4 x 2 bedroom apartments, separate storage and services room with bathroom facilities, garbage chute and bin storage cupboard, access to rear communal open space area, lift and internal stairs; and

·    Level 1 & Level 2:  5 x 2 bedroom apartments, garbage chute and bin storage cupboard, lift and internal stairs;

·    Level 3:  4 x 2 bedroom apartments, 1 x 1 bedroom apartment with study, garbage chute and bin storage cupboard, lift and internal stairs;

·    Level 4:  2 x 1 bedroom apartments with study, 2 x 2 bedroom apartments, 1 x 2 bedroom apartment with study, garbage chute and bin storage cupboard, lift and internal stairs;

·    Level 5:  1 x 1 bedroom apartment with study, 1 x 2 bedroom apartment with study, 1 x  2 storey 3 bedroom apartment with study, 3 x 2 storey 3 bedroom apartments, garbage chute and bin storage cupboard, lift and internal stairs; and

·    Level 6: Rooftop communal open space with lift and internal stair access, bathroom, pergola, BBQ facilities and landscaping.

 

Image 1: 3D Montage

 

Statutory Provisions

 

Environmental Planning and Assessment Act 1979

 

Section 4.15 Matters for Consideration

 

(a)  The provisions of:-

 

(i)         Any environmental planning instrument:

 

State and Sydney Regional Environmental Planning Policies

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

A valid BASIX certificate has been submitted. The certificate demonstrates compliance with the provisions of the SEPP and is consistent with the commitments identified in the application documentation.  A standard condition has been included as a draft condition of consent requiring compliance with this BASIX certificate. 

 

State Environmental Planning Policy No. 55 - Remediation of Land

 

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. A Preliminary Site Investigation prepared by SLR Consulting Group (610.155585-R1) dated 20 May 2016 was reviewed by Council’s Environmental Health Officer and found no evidence of potentially contaminating activities having occurred on the site.  Remediation is therefore not likely to be required.

 

State Environmental Planning Policy (Infrastructure) 2009

 

The proposed application is subject to the requirements of SEPP infrastructure. The relevant clauses of the SEPP and an assessment against those clauses are provided below:

 

Clause 2: Aims of the policy

 

The Aims of the SEPP essentially seek to improve the delivery of infrastructure to the State. The application has been considered against the provisions of this SEPP and is consistent in all relevant respects.

 

Division 15 Railways

 

Clauses 85, 86 & 87

 

The proposed development is on land that is adjacent to a railway corridor, proposes excavation greater than 2m within 25m of a railway corridor and is development that may be adversely affected by rail noise or vibration.

 

Accordingly the application was referred to Sydney Trains for concurrence.  Concurrence was received on 18 June 2018 subject to conditions which have been included in the draft conditions.

 

 

State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development

 

This Policy aims to improve the design quality of residential flat development. This proposal has been assessed against the following matters relevant to SEPP 65 for consideration:

 

·    The 9 SEPP 65 Design Quality Principles; and

·    The NSW Apartment Design Guide (ADG) guidelines.

 

Design Quality Principles

 

Part 2 of the Policy introduces 9 design quality principles. These principles provide a guide to achieving good design and the means of evaluating the merits of proposed solutions.

 

As required by the Environmental Planning and Assessment Regulation, this application is accompanied by a response to the design principles, as prepared by the project architect.

 

The proposed development has been assessed against the 9 design principles and found that it would provide for adequate amenity particularly with regard to solar access and cross ventilation.

 

The proposed development is well articulated and aesthetically sound.  The amended proposal reduces the number of dwelling and provides for improved amenity to the dwellings.

The amended proposal is considered to meet the objectives of the design quality principles.  A copy of the assessment against the 9 design principles is attached (AT3).

Apartment Design Guidelines (ADG)

 

The proposed development has been assessed against the design criteria of the ADG.  A copy of the compliance table is attached (AT4).  The proposed development generally meets the design criteria of the ADG in terms of setbacks, solar access, natural ventilation, deep soil provisions and communal open space.

 

The proposed development is considered to satisfy the design criteria of the ADG.

 

Local Environmental Plan 2009

 

Under Clause 2.2 of Lane Cove LEP 2009 the property is zoned R4 High Density Residential. Under the provisions of Clause 2.2 the proposed development is permissible with Council’s consent.

 

The following is a summary of the clauses under LCLEP 2009 applicable to the development.

 

Zoning: R4 High Density Residential            Site Area: 1,310m²

 

 

Lane Cove LEP 2009

Proposal

Compliance

4.3 Height

R: 21m

Building: 21m

Lift overrun: 21.26m

Yes

No

4.4 FSR

T1: 2.0:1 Site Area 1,310m²

FSR = 2,620m²

 

2.19:1or 2,875m²

 

No

 

Other Provisions

 

LEP

Proposed

5.10 Heritage Conservation

The application is not within a heritage conservation area or within the vicinity of a heritage item identified under Schedule 5 of LCLEP2009.

 

Clause 2.3 – Zone Objectives

 

The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.  The objectives for the R4 High Density Residential zone are as follows:

 

•    To provide for the housing needs of the community within a high density residential environment.

•    To provide a variety of housing types within a high density residential environment.

•    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•    To provide for a high concentration of housing with good access to transport, services and facilities.

•    To ensure that the existing amenity of residences in the neighbourhood is respected.

•    To avoid the isolation of sites resulting from site amalgamation.

•    To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

 

The proposed development complies with the above objectives for the following reasons:

 

·    The development would provide for the housing needs of the community within a high density residential area;

·    The development would provide a variety of housing mix which is within a short distance from transport, services and facilities at St Leonards,

·    The development would provide adequate amenity in terms of visual privacy and  landscaping which respects the neighbouring locality,

·    The proposal develops an isolated site in an appropriate manner which is consistent with the surrounding locality; and

·    The development would provide an enhanced landscape setting which is consistent with the streetscape character of the locality and provides high amenity to the future residents of the development.

 

Accordingly, the proposed development is considered consistent with the above objectives for the zone.

 

Clause 4.3 2(A) Height of Buildings

 

In accordance with Clause 4.3 (2) of the Lane Cove Local Environmental Plan 2009 (LCLEP 2009), the site is required to have a maximum building height of 21m.

 

The proposed building has a compliant building height of 21m with the exception of the lift overrun which has a height of 21.26m, as demonstrated by Figure 2 below.

 

Figure 2: Building height breach at lift overrun

 

The non-compliance of 260mm is a 1.2% variation to the development standard.  Accordingly the applicant has submitted a request to vary the LEP maximum building height requirement for the lift overrun breach. Consideration of this request is provided under clause 4.6 (Exceptions to Development Standards) below.

 

Clause 4.6 Exceptions to development standards

 

Clause 4.6 of LCLEP 2009 allows exceptions to development standards.  Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard.  This written request must demonstrate that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify contravening the development standard. 

 

The consent authority must be satisfied that the applicant’s written request has satisfied the above criteria and that the proposed development would be in the public interest as it is consistent with the zone objectives as well as the objectives of the particular development standard. 

 

In addition, consent cannot be granted unless the concurrence of the Director-General has been obtained.  Under Circular PS 08-003 issued 9 May 2008 Council may assume concurrence should an exception to a development standard be supported. 

 

These matters are discussed below:-

 

1.       Written request provided by the applicant.

 

The applicant provided a written request seeking a variation to the development standard with the lodged application.  A copy is provided to the Panel (AT5).

 

2.       Whether compliance with the development standard would be unreasonable or unnecessary in the circumstances of the case.

 

The Clause 4.6 variation has argued that it is unreasonable or unnecessary to require strict compliance with the development standard for the following reasons:-

 

·    Removal of the non-complying elements to achieve strict compliance would not result in an improved planning outcome. The additional 0.26m caused by the lift overrun does not contribute to any discernible or perceived bulk of the building, nor will it increase the overall floor area of the building.

·    The magnitude of the variation at 1%, is insignificant in numerical term and in physical terms.

·    The lift overrun is located at the centre of the building and will not be discernible from any vantage point with the immediate surrounds.

·    The proposed variation enables the required level of accessibility and internal amenity for the occupants of this development by enabling them to easily access the rooftop communal open space area located on Level 6.

·    The proposed development results in an improved streetscape outcome and a built form character consistent with that expected in the locality. The building has been designed with specific reference to the extended street frontage. Amendment of the design to achieve strict compliance would have no additional impact to the future streetscape of the area.

·    We consider the proposed lift overrun to be an integral part of the services and amenity provided within the development and a necessary outcome for the viable use of the site.

·    In this case, the height and FSR controls imposed by Council do not align. Strict compliance with the height standard is deemed unreasonable due to the very minor nature of the breach.

 

Preston CJ, in Wehbe v Pittwater Council [2007] NSWLEC 827, stated that “the rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. Compliance with a development standard is fixed as the usual means by which the relevant environmental or planning objective is able to be achieved. However, if the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary (it is achieved anyway) and unreasonable (no purpose would be served).”

 

Compliance with the development standard is considered to be unreasonable or unnecessary in the circumstances of the subject proposal. The lift overrun is the only component of the proposal which exceeds the maximum building height permitted (refer Figure 3 below). The proposed lift overrun would service the roof top terrace which provides communal open space to the development.  To require this component of the development to be compliant would serve no purpose as there is not material benefit in doing so.

 

 

Figure 3: Extent of building height breach isolated to lift overrun only

 

The development itself would be in proportion to and in keeping with the character of existing and future similar development.  The extent of non-compliance does not provide any additional habitable space or an additional storey. The visual bulk of the building complies with the height control and the encroachment to the 21m height control does not result in additional detrimental impacts to surrounding properties due to overshadowing.

 

The height of the proposed building is consistent with LEP 2009 with the exception of the minor breach identified. It is considered that the applicant has demonstrated that compliance with the development standard would be unreasonable and unnecessary in the circumstances of the case.

 

3.       Environmental grounds to justifying contravening the development standard.

 

The decision in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 demonstrates that the requirement in Clause 4.6(3)(b) of the LEP to justify there are sufficient environmental planning grounds for the variation, requires identification of grounds particular to the circumstances of the proposed development, and not simply grounds that apply to any similar development on the site or in the vicinity.

 

The applicant has argued that the proposed development is located on an isolated site which is constrained it terms of its size, triangular shape and topography.  The 260mm variation to the lift overrun is considered to be unique to this site given its constraints.  The breach in height does not create any additional habitable floor space in terms of an additional storey and the lift overrun is providing access to the communal open space which would provide amenity to the residents of the development. 

 

The additional height does not result in the appearance of bulk when viewed from the existing streetscape as it is located within the centre of the building, and would not impinge on the changing streetscape that is anticipated for the immediate area.

 

4.    Consistent with the zone objectives and objectives of the development standard.

 

Zone Objectives

 

The zone objectives have been discussed in an earlier section of the report.  As previously concluded, the development complies with the objectives of the zone.

 

Clause 4.3 Height of Building Objectives

 

The objectives of the height of buildings clause in LCLEP 2009 are discussed as follows: 

 

Clause 4.3 (1) provides the following objectives:-

 

(a)  to ensure development allows for reasonable solar access to existing buildings and public areas;

(b)  to ensure that privacy and visual impacts of development on neighbouring properties, particularly where zones meet, are reasonable;

(c)  to seek alternative design solutions in order to maximise the potential sunlight for the public domain; and

(d)  to relate development to topography

 

The objectives of the height of buildings clause - Clause 4.3(1) in LCLEP 2009 are considered below:

(a)  to ensure development allows for reasonable solar access to existing buildings and public areas;

 

Comment: The applicant has provided shadow diagrams from 9.00am through to 3.00pm in midwinter. The diagrams demonstrate the level of overshadowing the proposed development would have to the existing residential property at 2 Duntroon Avenue.  Whilst overshadowing would occur to this building, this is unavoidable due to the north-south orientation of the subject site.  The neighbouring site would receive solar access and the 260mm breach in the building height to the lift overrun does not exacerbate the overshadowing that occurs from the proposed development.

 

The solar access diagrams also demonstrate the proposed development would receive adequate solar access in accordance with the requirements under the Apartment Design Guide.

 

(b)  to ensure that privacy and visual impacts of development on neighbouring properties, particularly where zones meet, are reasonable;

 

Comment: The variation to the lift overrun does not result in any privacy and visual impacts to surrounding developments.

 

(c)  to seek alternative design solutions in order to maximise the potential sunlight for the public domain; and

 

Comment:  The proposed development would provide adequate solar access to the public domain of Canberra Avenue and Duntroon Avenue from 11am onwards. 

 

(d)  to relate development to topography

 

Comment:  The proposed development has been designed to relate to the slope of the site with the building stepped down to provide a building that addresses Canberra Avenue.  The building has been articulated to accommodate the slope and the lift overrun is the only portion of the development that exceeds the building height.  Subject to the minor breach, the overall proposed development is considered to relate to the topography of the site.

 

In accordance with the above, the development complies with the LEP 2009 objectives for the height control.

 

5.       Concurrence of the Director General.

 

Circular PS 08-003 issued on 9 May 2008 informed Council that it may assume the Director-General’s concurrence for exceptions to development standards.  As the Clause 4.6 variation is supported by Council, concurrence from the Director General is assumed.

 

Conclusion

 

The objectives of clause 4.6 are to provide an appropriate degree of flexibility in applying certain development standards and to achieve better outcomes for and from development by allowing flexibility in particular circumstances. The variations to the height standard of LCLEP 2009 are considered justified in the circumstances of the case.  The development would still satisfy the objectives of the control and despite the non-compliance with the height control, the development satisfies the objectives and the criteria outlined in clause 4.6. As such, the variation is considered to be in the public interest and can be supported.

 

Clause 4.4 Floor Space Ratio

 

In accordance with Clause 4.4 (2) of the Lane Cove Local Environmental Plan 2009 (LCLEP 2009), the site is required to have a maximum floor space ratio of 2.0:1 or 2,620m².  The proposed development would have a floor space ratio of 2.19:1 or 2,875m².  This is a variation of 255m² or 9.7%.

 

The applicant has submitted a request to vary the LEP maximum floor space ratio requirement. Consideration of this request is provided under clause 4.6 (Exceptions to Development Standards) below.

 

Clause 4.6 Exceptions to development standards

 

As previously discussed Clause 4.6 of LCLEP 2009 allows exceptions to development standards.  The matters required for Council consideration are discussed below:-

 

1.       Written request provided by the applicant.

 

The applicant provided a written request seeking to vary to the development standard with the lodged application.  A copy is provided to the Panel (AT6).

 

2.       Whether compliance with the development standard would be unreasonable or unnecessary in the circumstances of the case.

 

The decision in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90, indicates that merely showing that the proposed development achieves the objectives of the development standard is insufficient to justify that a development is unreasonable or unnecessary in the circumstances of the case for the purposes of an objection under Clause 4.6.

 

The Clause 4.6 variation has argued that it is unreasonable or unnecessary to require strict compliance with the development standard for the following reasons:-

 

·    Strict compliance would not result in an improved planning outcome for the site given it does not contribute to any discernible bulk and scale;

·    The variation is 9.7% which is relatively minor in terms of visual massing;

·    The variation provides improved internal amenity to future resident by increasing the apartment sizes and provides adequate solar access and natural ventilation; and

·    The built form is consistent with the existing and emerging character of the locality.

 

The non-compliance relates to 255m² or 9.7% of floor space ratio.  This additional bulk is contained within the permitted height control and, as previously discuss, the development complies with the 21m building height with the exception of the lift overrun.  Therefore bulk and scale of the building is consistent with the controls envisaged in the planning instrument. 

 

Modulation of the overall built form reduces any potential visual dominance and the design ensures acceptable scale, articulation and visual interest.  It is considered, therefore, that the non-compliance with the Development Standard is unreasonable or unnecessary in the circumstances of the case.

 

3.       Environmental grounds to justifying contravening the development standard.

 

The applicant has provided the following environmental planning grounds to justify the variation to the development standard:

 

·   The proposal is located on an isolated site that is best described as a triangular wedge of Canberra Avenue, which creates design challenges to achieve the required ADG objectives and council DCP controls. The proposal represents a meritorious balance of policy compliance with a design response to the site and its context.

·   The proposal will not give rise to any demonstrable change to privacy and overshadowing impacts beyond a fully compliant scheme. As overshadowing to the south is inevitable based on the north-south orientation of the site and adjoining lots. Furthermore, it is a shadow that one could reasonably expect given the current controls, orientation and irregular shape of the site.

·   The proposal complies with the ADG building separation distances along the southern boundary to reduce amenity impacts between the proposal and adjoining development. Visual impacts are further mitigated by utilising layers of landscaping, with vegetation ranging in scale from low to high within planter boxes and along the boundary perimeters.

·   The magnitude of the variation when considered in terms of impact to the building form is minor. For the reasons above it would have an unperceivable visual impact. Such a proposal would not create a negative precedent for Council in any future DA in the centre.

 

The decision in Four2Five Pty Ltd v Ashfield Council [2015] notably requires sufficient environmental planning grounds to justify any variation. In this respect, the above grounds are considered justified and relevant to the specific nature and context of the proposed form of development and are supported. Despite the breach of the control, there are sufficient environmental planning grounds in this instance to justify contravening the development standard to the degree proposed give the constraints of the site.

 

4.       Consistent with the zone objectives and objectives of the development standard.

 

Zone Objectives

 

The zone objectives have been discussed in an earlier section of the report.  As previously concluded, the development complies with the objectives of the zone.

 

Clause 4.4 Floor Space Ratio Objective

 

The objective of the floor space ratio clause in LCLEP 2009 are discussed as follows: 

 

Clause 4.4 (1) provides the following objective:-

 (a)  to ensure that the bulk and scale of development is compatible with the character of the locality.

 

Comment: The proposed non-compliance to the floor space ratio does not manifest itself in the form of an unreasonably large or bulky development. The development is consistent with the bulk and scale as envisaged by the LEP and DCP controls.  Given no adverse impacts arise from the proposed bulk of the building, the proposal is considered to satisfy this objective.

 

 

5.       Concurrence of the Director General.

 

Circular PS 08-003 issued on 9 May 2008 informed Council that it may assume the Director-General’s concurrence for exceptions to development standards.  As the Clause 4.6 variation is supported by Council, concurrence from the Director General is assumed.

 

Conclusion

 

The variations to the floor space ratio standard of LCLEP 2009 are considered justified in the circumstances of the case.  The development would satisfy the objectives of the control and despite the non-compliance with the floor space ratio, the development satisfies the objectives and the criteria outlined in clause 4.6. As such, the variation is considered to be in the public interest and can be supported.

 

(ii)        Any proposed instrument (Draft LEP, Planning Proposal)

 

There are no relevant Draft Environmental Planning Instruments or planning proposals for the subject site.

 

(iii)       Any development control plan

 

Lane Cove DCP 2010;

 

A full assessment of the proposal under DCP 2010 is illustrated in the following compliance table. The Non-compliances identified in the table are assessed below.

 

PART B – GENERAL

 

PART B – GENERAL

DCP Control

Proposed

Complies

B3 Site Amalgamation & Isolated site

3.1 General

a)  Development for the purpose of residential flat buildings and high density housing should not result in the isolation of sites such that they cannot be developed in compliance with the relevant planning controls, including Lane Cove LEP 2009 and this DCP.

 

The site is an isolated site as a result of surrounding development and the unusual nature of the street alignment and configuration.  The site adjoins a residential flat building to its south and the North Shore railway line to its rear.  The site is the last remaining allotment to be redeveloped and therefore does not result in any site isolation occurring.

Yes

B.6 Environmental Management

6.3 Energy and Water Efficiency for Buildings

a)  Incorporate passive solar design techniques to optimise heat storage within the building in winter and heat transfer in summer.

A Basix Certificate has been provided with the application demonstrating water and energy efficiency.

Yes

B.7 Developments near Busy Roads and Rail Corridors

a) Acoustic assessments for noise sensitive developments as defined in clauses 87 and 102 of the Infrastructure SEPP may be required if located in the vicinity of a rail corridor or busy roads.

The proposal is located within a noise sensitive area, being in close proximity to the North Shore Railway line and a referral has been sent to Sydney Trains for concurrence. 

Yes

For residential and the residential part of any mixed use development, appropriate measures must be taken to ensure that the following LAeq levels are not exceeded:

I.   in any bedroom in the building: 35dB(A) at any time 10pm–7am

II.  anywhere else in the building (other than a garage, kitchen, bathroom or hallway): 40dB(A) at any time.

An amended acoustic report by Renzo Tonin dated 25 January 2018 has been lodged with the application with appropriate recommendations for acoustic treatment for the development.

Yes

B.8 Safety and Security

a) Ensure that the building design allows for casual surveillance of access ways, entries and driveways.

Casual surveillance has been provided from the ground floor apartments. 

Yes

8.1 Activation

8.1.1 General

a) Development is to be well connected to the street and contribute to the accessibility of the public domain

Adequate street access has been provided.

Yes

All development is to face the street and/or public open spaces and provide uses at ground level that provide activity.

The development is orientated towards Canberra Avenue.

 

Yes

8.1.2 Residential development

a) All ground floor apartments, villas, townhouses and attached or detached dwellings that have a street frontage other than battle axe blocks are to have direct access or entries from the street and at least one habitable room with windows facing the street.

The proposed development has direct access from the street to the lift lobby.

Yes

8.2 Passive Surveillance

a) All development at ground level is to offer passive surveillance for safety and security of residents and visitors.

The ground floor provides passive surveillance in the form of POS and balconies facing the street.

Yes

 

PART C – RESIDENTIAL DEVELOPMENT

 

 

PART C RESIDENTIAL DEVELOPMENT

DCP Control

Proposed

Complies

C.3 Residential Flat Buildings

3.2 Density

a)  The minimum site area for residential flat developments is 1,500m².

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Objectives:

1.       To achieve a reasonable level of amenity for the residential flat buildings, neighbouring properties and the surrounding area.

2.       To achieve sustainable development whilst providing a concentration of residents close to public transport and facilities.

3.       To create entrances which provide a desirable residential identity for the development, orient visitors and contribute positively to the streetscape and building facade design.

4.       To provide opportunities for lifestyle choice and dwelling mix.

The subject site is an isolated site with a total area of 1,310m².  There is no amalgamation opportunity for this site due to the neighbouring development at 2 Duntroon Avenue having undergone redevelopment in the last 10 years as a residential flat development.

 

Given the site is sterilised from amalgamation opportunities, a merit based assessment has been given to the allotment size as to whether the site can accommodate a residential flat building within the parameters of Council’s development standards and DCP controls. 

The application has demonstrated that a residential flat building can occur on the site that meets the objectives of the DCP in terms of:

1.    the proposal achieves reasonable amenity for the building and neighbournig properties;

2.    the proposal provides a concentration of residents close to public transport and facilities;

3.    the building will contribute positively to the streetscape; and

4.    the development provides dwelling mix opportunities.

No - supported

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

3.3 Building Depth

a) The maximum residential flat building depth is to be 18 m.

The proposal has a building depth of 18m with a slight encroachment at the ground floor which is minimal.

Yes

b) This depth is exclusive of balconies

Depth is exclusive of balconies.

Yes

3.4 Building Width

a)  The maximum overall width of the building fronting the street shall be 40m.

Greater widths may be permissible if the proposed building articulation is satisfactory in the streetscape.

49.7m

 

 

Greater width has been considered due to the constraint shape of the site and the proposed articulation provided.

 

No – see below.

 

Refer discussion

 

3.5 Setbacks

3.5.1 Front/Street

a) The front setback of the building shall be consistent with the prevailing setback along the street (refer Diagram No.1).

7.5m setback:

4m from ground to Level 3

6.43m from Level 4 upwards

 

No – refer discussion

b) The front setback area shall comprise terraces and gardens to the ground floor dwellings, deep soil zones, driveways and pathways.

Ground floor has provided a landscaped area which included deep soil areas with terraced POS to the ground floor apartments. 

Yes

3.5.2 Side and Rear

a) To the boundary within the R4 zone, the minimum side and rear setback shall be:

6m up to 4 storeys

9m for 5-8 storeys

12m for 9 storeys and above.

 

Side setback

Southern boundary:

6m

6m to 9m with encroachment of 2.4m from Apartment 502 bedroom

N/A

Rear Setback:

2m – 6m

 

 

 

Yes

No – refer discussion

 

No – refer discussion

b) To the boundary shared with R2 and R3 zones the minimum set back will be 9m if habitable rooms/balconies orient this side.

Not applicable.

N/A

3.5.3 General

a) In general, no part of a building or above ground structure may encroach into a setback zone. Exceptions are:

I. Encroachments into the setback zone of up to 2m may be permitted for underground parking structures no more than 1.2m above ground level (existing), where there is no unreasonable effect on the streetscape. Refer to Diagram 10.

II. Awnings, balconies, blade walls, bay windows and other articulation elements up to a maximum of 500mm.

 

 

III. Setback variation may be required or permitted on merit to preserve existing trees.

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

Apartment G02 encroachment from balcony and access stairs of approx. 1.2m for a width of 3m only.  Whilst non-compliant it is considered acceptable as it is the only encroachment within the front setback and is minor in nature.

 

N/A

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

No – supported.

 

 

 

 

 

 

N/A

3.6 Building Separation (within developments)

a) Unless indicated elsewhere through block controls within the DCP, separation distances within a development are the same as provided under the ADG.

Refer to Part 3F of ADG Compliance table.

SEPP 65 – DCP provisions are of no effect

3.7 Fences

The provisions for fences in the Dwelling Houses and Dual Occupancies section shall apply.

1.4  Fences

1.4.1 Front Fences

 

 

Solid fences

a) permitted up to 900mm above ground level (existing) on the front boundary.

 

Metal palisade fencing to ground floor apartments proposed only.

 

 

Yes

1.4.2 Side and rear fences: Existing fencing to remain

3.8 Excavation

a) All development is to relate to the existing topography of the land at the time of the adoption of this DCP.

Major development - refer below.

 

b) Excavation for major development is to be contained as close as practicable to the footprint of the development.

Excavation for basement parking has been contained as practicably as possible given the site constraints.

Yes

c) For development within Centres, Council may consider full site coverage for underground excavation and podium footprints where it is demonstrated that mature landscaping, landscaped area and rainwater retention is able to be provided as roof terraces on podium structures.

Not applicable – proposal is not within Centres area.

N/A

d) Uses at ground level are to respond to the slope of the street by stepping frontages and entries to follow the slope.

Topography has been considered within the design.

Yes

e) The extent of excavation proposed for underground uses should not compromise the provision of deep soil areas or landscaped areas for residential flat buildings.

Adequate deep soil provisions under ADG have been provided.

Yes

3.9 Design of Roof Top Areas

a) Roof top areas including podium area are to be designed for use as recreation facilities where practicable and should be of high standard of finish and design. A detailed landscape design and plan of roof top design is to be submitted with the DA.

Ground floor and level 6 roof top COS has been proposed with landscape details submitted with application.

Yes

b) The design of exterior private open space such as roof top gardens is to address visual and acoustic privacy, safety, security, and wind effects.

Balconies have been designed to maximise visual and acoustic privacy.

Yes

3.10 Size and mix of dwellings

 

a) In residential flat buildings and the residential component of mixed use buildings, studio dwellings are to have a minimum size of 40m². This dwelling size is a net area and is to be exclusive of balconies, common corridors and lobbies, car spaces, storage areas outside the dwelling, private and communal open spaces and lift and other services shafts.

Refer to Part 4D of the ADG Compliance Table.  Clause 6A of SEPP 65 – DCP provisions are of no effect

N/A

b) In residential flat buildings and the residential component of mixed use buildings, development should include a mix of 1, 2 and 3 bedroom units. At least 10% of each unit type should be provided.

·   4 x 1 bedroom (13.3%);

·   22 x 2 bedroom (73.4%)

·   4 x 3 bedroom (13.3%)

Apartment mix is acceptable.

Yes

3.11 Private Open Space (balconies and terraces)

Refer to Part 4E of the ADG Compliance Table.  Clause 6A of SEPP 65 – DCP provisions are of no effect

3.13 Storage

Refer to Part 4G of the ADG Compliance Table.  Clause 6A of SEPP 65 – DCP provisions are of no effect

3.15 Natural Ventilation

Refer to Part 4B of the ADG Compliance Table.  Clause 6A of SEPP 65 – DCP provisions are of no effect

3.16 Visual privacy

Refer to Part 3F of the ADG Compliance Table.  Clause 6A of SEPP 65 – DCP provisions are of no effect

3.17 Communal Open Space

a) A minimum of 25% of the site area is to be provided as communal open space.

330m² or 25%

Yes

b) For mixed use sites, communal open space can be provided on podiums and roof terraces subject to achieving privacy for adjoining users.

Proposal is residential only.

N/A

3.18 Landscaped Area

a) A minimum of 40% of the site area is to be planted, comprising 25% landscaped area and a further minimum of 15% planting on structures or landscaped area.

27% deep soil area provided with 13.2% plantings on structure totaling 40.2%.

 

 

 

Yes

3.19 Planting on structures

Council’s Landscape Officer has raised no issues with the proposed landscape plan subject to conditions of consent.

 

Non-compliances

 

3.4 Building Width

 

In accordance with Provision a) of Section 3.4 the width of the building is to be a maximum 40m.  The objectives of Section 3.4 are:-

 

1 To avoid large continuous building bulk and massing; and

2 To ensure that residential flat building responds to the character of the area.

 

The proposed development would have a building width of 49.7m.  Provision a), however does allow for greater building widths to be proposed if the proposed building articulation is satisfactory in the streetscape.

 

To address both the non-compliance to the building width and the objectives of the provision, the proposed development has provided a well modulated front façade with the use of balconies and upper level setbacks.  This provides articulation and visual interest to the building which reduces its overall bulk and massing.

 

The non-compliance to the maximum building width is therefore considered acceptable in this instance and the objectives of Section 3.4 have been met.

 

3.5 Setbacks

 

The reduced setbacks have been proposed as the site is heavily constrained in terms of its triangular shape.  This does not allow the site to provide fully compliant setbacks in accordance with Section 3.5 therefore a merit based assessment has been provided as follows. 

 

Front Setback

 

The application has proposed a 4m front setback which is a non-compliance of 3.5m.

 

This front setback has been proposed as it reflects the front setback requirement for the properties opposite the site which are located within the St Leonards South Precinct currently undergoing a rezoning planning proposal.  The properties affected by this planning proposal are from the odd numbered dwellings along Canberra Avenue to Greenwich Road.

 

Whilst 2 Canberra Avenue is not within this proposed precinct, there is a direct relationship between the properties opposite the site at 1 to 9 Canberra Avenue and the subject site.

 

Given the constrained nature of the site the 4m setback provided to the proposal is considered acceptable given the context of the site’s locality.

 

Rear Setback

 

The application has proposed a rear setback of between 2m and 6m.  This setback has been proposed in accordance with amendments required by Council to provide communal open space at ground level and due to the constrained nature of the site in terms of its triangular shape.  The proposed development has been designed to accommodate the site’s shape and no issues are raised with the proposed rear setbacks.

 

Side Setback

 

The southern elevation has an encroachment of 2.4m from the bedroom of apartment 502.  This is considered to be acceptable as no privacy impacts would occur from this encroachment.  The bedroom is on an angle which prevents any direct overlooking from the bedroom window and it is for a small portion of the building.  No issues are raised with this encroachment.

 

Part F - Access and Mobility

 

PART F - ACCESS AND MOBILITY

DCP Controls

Proposal

Complies

3.5 Adaptable and Visitable Housing (residential flats and dual occupancies)

Adaptable housing to be provided at the rate of 20% of all dwellings in a Class 2 development.

20% provided – 6 apartments to be adaptable.

Yes

Dwellings are to be visitable at the rate of 80% in developments requiring adaptable housing.

The development is capable of complying.

Yes

3.8 Access to, and within, buildings

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

-    Residential Flat Building 2;

-    Car park Class 7a

The development is capable of complying with BCA Clause D3.1.

 

 

Yes

 

 

2.  Access is to comply with the relevant Provisions of the BCA, and associated referenced Australian Standards.

Access report prepared by a suitably qualified access consultant required as part of the DA documentation.

An Assess Report by Accessible Building Solutions dated 5 March 2018 was submitted with application.  The report and its recommendations shall be included in the draft conditions of consent.

Yes

 

 

Part R – Traffic, Transport and Parking

 

Council’s car parking requirements are in modeled on the RMS Metropolitan Sub-Regional Centres with the exception of 1 bedroom apartments being at a rate of 0.6 space per apartment as opposed to 0.5 spaces per apartment under Council’s DCP.

 

PART R TRAFFIC, TRANSPORT AND PARKING

Development Control

Proposed

Complies

2.2 Car Parking Rates

 

 

Residential Flat Building

 

 

Table 1 – Car parking rates

Dwelling mix:

4 x 1 bedroom

22 x 2 bedroom

4 x 3 bedroom

 

Residents:

0.6 spaces per 1-bed x 4: 2.4

0.9 space per 2 bed x 22: 19.8

1.4 spaces per 3 bed x 4: 4.2

Total: 26.4 = 27

 

1 onsite removalist truck space per 100 residential units (as per relevant Australian Standards)

 

1 car wash bay per 50 units for developments over 20 units 

 

Required:

4 x 1 bedroom  = 2 spaces

22 x 2 bedroom = 19.8 spaces

4 x 3 bedroom = 4.2 spaces

Total residential = 26

 

Provided:

28 residential spaces including 6 disabled spaces

 

 

Loading bay provided

 

 

 

1 car wash bay provided

 

 

 

 

 

 

 

 

YES

 

 

 

 

YES

 

 

 

YES

1 disabled space for each adaptable housing unit: 6 adaptable units are proposed within the building.

6 adaptable spaces provided in the basement - 1 adaptable residential space per apartment.

YES

Visitor Parking:

1 space per 5 units

1 disabled space per 10 visitor spaces (minimum 1 disabled space)

Required:

30 units/5 = 6 spaces

 

Provided:

6 visitor spaces

 

 

 

 

YES

Total Parking spaces:

34

YES

2.7 – Motorcycle parking

1 motorcycle space per 15 car spaces

Motorcycle parking spaces are to have an area of 1.2m x 3m

3 motorcycle space provided in basement.

Dimensions 2.5m x 1.2m

YES

 

 

The application is fully compliant with the parking requirements under Part R of LCDCP 2010.

 

 

 

 

Section 94 - Development Contributions Plan

 

The proposed development would increase the population living on the site.  There would be 30 dwellings in the proposed development. 

 

The S94 plan has specified the average number of people per dwelling, based on the number of bedrooms.  The occupancy rates are:

 

Medium density developments (including attached dual occupancy and duplexes):

1 Bedroom

1.2

2 Bedrooms

1.9

3 Bedrooms

2.4

4 Bedrooms

3.0

5 or more Bedrooms

4.0

 

The S94 contribution for each dwelling of the proposed multi dwelling housing development is calculated at the current rate of $10,100 per person (2018-2019) as follows:

 

Medium density developments (including attached dual occupancy and duplexes):

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

1 Bedroom

1.2 persons

$10,332.00 x 1.2 = $12,120.00

per dwelling

4 x $12,398.00 =$49,593.60

$49,593.60

2 Bedroom

1.9

$10,332.00 x 1.9 = $19,630.80

per dwelling

22 x $19,630.80 = $431,877.60

$431,877.60

*3 bedroom

 

 

*Capped Rate

2.4

$10,332.00 x 2.4 = $24,796.80

per dwelling

$20,000.00 per dwelling

*4 x $24,796.80

 

 

*4 x $20,000.00 = $80,000.00

-

 

 

$80,000.00

 

 

 

 

Total:

$561,471.20

 

*N/B The reforms to Local Development Contributions have a cap of $20,000 per residential lot or per dwelling limitation on local development contributions.

 

The development site has an existing apartment block comprising 6 x 3 bedroom apartments.  For sites with an existing dwelling house (or houses) a credit is applicable.  This credit is calculated at the following rate:

 

Separate Detached House (including detached dual occupancy):

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

*3 Bedrooms

*Capped Rate

2.4 persons

$10,332.00 x 2.4 = $24,796.80

per dwelling

$20,000.00 per dwelling

6 x $24,796.80

 

 

*6 x $20,000.00

-

 

 

$120,000.00

*N/B The reforms to Local Development Contributions have a cap of $20,000 per            residential lot or per dwelling limitation on local development contributions.

 

The Section 94 Contribution credit for the existing dwellings is therefore $120,000.00.

 

The required S94 contribution is therefore calculated at: $561,471.20 – $120,000.00 = $441,471.20.

 

A condition shall be included in the draft consent requiring the above S94 contribution to be paid.

 

 

REFERRALS

 

External

 

Sydney Trains

 

The application was referred to Sydney Trains in accordance with SEPP (Infrastructure) 2009.  Concurrence was granted on 18 June 2018 with conditions provided and included in the draft conditions of consent.

 

Development Engineer

 

The application is in accordance with Part O – Stormwater Management of DCP 2010.  No objections are raised subject to recommended draft conditions.

 

Traffic Engineer

 

The application is in accordance with Part R – Traffic, Transport and Parking of DCP 2010.  No objections are raised subject to recommended draft conditions.

 

Tree Assessment Officer

 

The application is in accordance with Part J - Landscaping of DCP 2010.  No objections are raised subject to recommended draft conditions.

 

Landscape Assessment Officer

 

The application is in accordance with Part J - Landscaping of DCP 2010.  No objections are raised subject to recommended draft conditions.

 

Environmental Health Officer

 

No objections are raised subject to recommended draft conditions.

 

Waste Management Coordinator

 

The application is in accordance with Part Q – Waste Management and Minimisation of DCP 2010.  No objections are raised subject to recommended draft conditions.

 

 

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

 

All relevant issues regarding environmental impacts of the development are discussed elsewhere in this report. The development is considered satisfactory in terms of environmental impacts.

 

(c)  The suitability of the site for the development

 

The site is considered to be suitable for the proposed development.

 

(d) Any submissions made in accordance with this Act or the regulations

 

In accordance with Council’s notification policy, owners of surrounding properties were given notice of the application. In response, 6 submissions were received.

 

The amended application was also notified in accordance with Council’s notification policy and 2 submissions received.

 

The following issues were raised by the submissions:

 

1.       Privacy.  Concerns are raised that the proposed development would have privacy impacts to the development at 2 Duntroon Avenue due to the location of balconies, close proximity of driveway and ramp and lack of ground floor screen planting.

 

Comment: The application has a minimum side setback of 6m for the first 4 storeys in accordance with the ADG.  Due to the shape of the site the building is located on an angle to the neighbourng building and direct overlooking does not occur. 

 

The number of balconies facing the neighbouring development has been reduced to ensure further privacy impacts are minimized with the majority of apartments on levels 1 and 2 not having any balconies facing 2 Duntroon Avenue. 

 

The location of the driveway and ramp has been assessed by Council’s Traffic Engineer and has been found to be appropriately located with a minimum 6m setback from the side boundary to 2 Duntroon Avenue.  

 

2.       Lack of vegetation and tree loss at ground level.  Concerns are raised that the proposal has very little landscaping and vegetation proposed.

 

Comment: The amended application has provided adequate landscaping which has been assessed by Council’s Landscape Architect and found to be acceptable.

 

3.       Excavation, demolition and construction impacts.  Concerns are raised in relation to the noise, dust, litter, structural integrity and traffic access the proposed development would have to surrounding properties.

 

Comment: There are conditions that require adequate management of sites during demolition, excavation and construction which are to ensure the amenity of surrounding sites are maintained together with dilapidation report requirements to be carried out on local infrastructure and neighbouring development.  These conditions have been placed on the draft consent.

 

4.       Overshadowing and ventilation impacts.  Concerns are raised that the proposed development would have unacceptable overshadowing to the neighboring development at 2 Duntroon Avenue and would restrict natural ventilation.

 

Comment: The proposed development would have overshadowing impacts to the neighbouring building at 2 Duntroon Avenue.  This overshadowing is a consequence of the site having a frontage orientated to the west with the neighbouring building located to the south of the proposed building.  The majority of the overshadowing is during the afternoon with the majority of the northern elevation of 2 Duntroon Avenue receiving sunlight between 9am and 12pm which is compliant with the 2 hour sunlight requirement under Council’s DCP requirements.

 

The proposed development is unlikely to restrict the natural ventilation the neighbouring development receives as there are adequate setbacks to the side boundary provided which allows air flow between the buildings.

 

5.       Traffic and parking impacts.  Concerns are raised that the development would increase traffic impacts and cause parking issues as there does not appear to be adequate parking provided.

 

Comment: The application has provided a traffic impact assessment which has been assessed by Council’s Traffic Engineer as being acceptable. 

 

The amended application is fully compliant with Part R- Traffic, Transport and Parking of LCDCP 2010.  The application has provided the required amount of parking including visitor parking.

 

6.       Lack of communal open space provisions.  Concerns are raised that there is very little communal open space provided for the development.

 

Comment: The amended proposal has increased the amount of communal open space at the ground floor and has amended the rooftop communal open space.  The communal open space provided for the proposed development complies with the requirements under the ADG and provides a variety of recreation areas with facilities.

 

 

7.       Non-compliance to floor space ratio. Concerns are raised that the development is over the allowable floor space ratio which impacts the bulk and scale of the building and increases the length and width which should not be allowed.

 

Comment: The amended proposal has reduced the floor space ratio from 2.37:1 to 2.19:1 which is a significant reduction.  The variation to the floor space ratio has been assessed and found to have minimal impact to the overall bulk and scale of the development and the non compliance to the floor space ratio is supported in this instance.

 

The width and length of the building has also been assessed as acceptable given the constrained nature of the site and the building has been modulated to provide articulation to avoid a bulky appearance.

 

8.       Non-compliance to setbacks.  Concerns are raised that the streetscape setback is not in keeping with existing development along Duntroon Avenue.

 

Comment: The development has proposed a 4m front setback.  This is primarily due to the constrained nature of the site’s shape which does not allow full compliance with the required setbacks under Council’s DCP.  The proposed 4m front setback has been given a merit based assessment and found to be acceptable in this instance. 

 

The proposal has provided landscaping within the front setback which is in keeping with the landscaped character of the locality. The site is not in direct alignment with Duntroon Avenue due to the site being on the corner of Canberra Avenue and Duntroon Avenue.  Therefore the building at 2 Canberra Avenue would not be in direct alignment with the developments along Duntroon Avenue. 

 

The reduced setback would be in keeping with the proposed setbacks for the sites within the St Leonards South Precinct opposite the site which is consistent with the emerging character of the locality. 

 

 

(e)  The public interest

 

Having regard to the assessment contained in this report, it is considered that approval of the development is in the public interest.

 

Statement of reasons for approval

 

The application is supported for the following reasons:

 

·        The proposed development meets the objectives of the zone;

·        The proposed development is consistent with the existing and emerging character of the locality;

·        The proposed development generally meets the requirements under the Apartment Design Guide;

·        The proposed development generally meets the objectives of the Lane Cove Development Control Plan 2010;

·        The Clause 4.6 variations to LCLEP Building Height and Floor Space Ratio standards are considered well founded and acceptable; and

·        The proposed development would provide a high level of amenity to the future residents.

 

 

CONCLUSION

 

The matters in relation to Section 4.16 of the Environmental Planning and Assessment Act 1979 have been satisfied.

 

The proposed development is on a constrained site and is the last allotment to be developed neighbouring the residential flat buildings along Duntroon Avenue.  Given its constraints, the proposal has been designed to meet the design principles and criteria under SEPP 65 in terms of privacy, amenity, solar access, natural ventilation, landscaping and communal open space.

 

The application generally meets with the Building Height and Floor Space Ratio standards as required in the Lane Cove Local Environmental Plan 2009 with the variations sought for the height of the lift overrun and additional floor space ratio under Clause 4.6 supported by Council. 

 

The application also generally meets with the Part C Residential Development Objectives in the Lane Cove Development Control Plan for residential flat buildings.  All non-compliances have been adequately addressed in terms of meeting the objectives of the provisions under the DCP.

 

 All other relevant parts of Lane Cove DCP 2010 have been assessed and found to be acceptable.

 

On balance the proposed development would be reasonable and therefore is recommended for approval.

 

 

RECOMMENDATION

 

That the Lane Cove Local Planning Panel as the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA17/141 for the demolition and construction of a residential flat building on land at 2 Canberra Avenue St Leonards subject to the following conditions:

 

GENERAL

 

1.       Approved Plans/Documents. 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:

 

Plan No/Reference

Author

Date

Architectural Plans: A003/2, A004/2, A101/2 to A110/2, A201/2, A202/2, A203/2, A301/2, A302/2 & A303/2

Brewster Murray

March 18 Issue 2

A601/2 Exterior Finishes

Brewster Murray

March 18 Issue 2

A703/2 Adaptable Units

Brewster Murray

March 18 Issue 2

Landscape Plans: L-01 to L-09

Site Design + Studios

14/3/18 Rev J

Stormwater Plans:

C001 to C003 & C006

C004 & C005

Adams

 

12/03/18 Issue B

12/03/18 Issue C

Ground Movement and Vibration Monitoring Plan

Asset Geotechnical Engineering Pty Ltd

22 February 2018 Ref 4708-R2-Rev R1

 

S1.00, S1.01, S1.02, S1.03, S1.09, S1.10, S1.11, S1.12, S1.13

lnstructure Consulting Engineers

Revision A

 

 

 

 

 

Documents

Date

Basix Certificate No. 860499M_02

12 March 2018

Aboricultural Impact Appraisal and Method Statement by Naturally Trees

22 November 2017

Acoustic Assessment for Development Application by Renzo Tonin

25 January 2018 Doc Ref: TH585-01F02

Statement of Compliance Access for People with a Disability by Accessible Building Solutions

Revision A 05/03/2018 Job No. 217175

Geotechnical Investigation Report Ref: 4708-1-R1 prepared by Asset Geotechnical Engineering Pty Ltd

20 December 2017

Report on numerical modelling Ref: 4708-R1 prepared by Asset Geotechnical Engineering Pty Ltd

19 December 2017

'Basement Excavation adjacent to Sydney Rail Corridor Statement' by lnstructure Consulting Engineers

23 February 2018

Letter to Sydney Trains prepared by lnstructure Consulting Engineers regarding reinforcing an existing retaining wall.

1 June 2018

 

 

 

 

 

Prior to the issue of a Construction Certificate, the following amendments to the above approved pans shall be made:

 

(a)     The area directly above the OSD tank shall be a raised planter with a soil depth of at least 1.3 metres and supplied with an approved planter box mix capable of supporting trees which are to be installed at a 200 litre pot size with a minimum height of 2.7 metres at the time of planting.

(b)     Four (4) replacement canopy trees are to be provided on the Landscape plan in accordance with Appendix 1 – Plant List of Part J – Landscaping of LCDCP 2010.

(c)     A controlled access by way of security gate or similar is to be provided to the pedestrian entry point located adjacent to the southern side boundary to provide resident access only to the site.

 

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.       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

 

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

 

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

 

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

Sunday      No work Sunday or any Public Holiday.

 

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

 

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

 

4.       Inspections by Sydney Trains.  Sydney Trains or Transport for NSW (TfNSW), and persons authorised by those entities for the purpose of this condition, are entitled to inspect the site of the development and all structures to enable it to consider whether those structures have been or are being constructed and maintained in accordance with the approved plans and these conditions of consent, on giving reasonable notice to the principal contractor for the development or the owner or occupier of the part of the site to which access is sought.

 

5.       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

 

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

 

          Reason: Statutory requirement

 

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

 

Reason: To protect the environment

 

8.       Noise.  The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

          Reason: To protect neighbouring amenity

 

9.       Acoustical assessment report.  The development, including all noise and vibration control measures, is to comply with the recommendations contained in the Acoustic DA Assessment Report prepared by Renzo Tonin & Associates (Dated 25 January 2018, TH585- 01F02.  Details demonstrating compliance are to be submitted on the Construction Certificate plans. 

 

Reason: To ensure adequate acoustic measures are implemented

 

10.     Construction materials. All materials associated with construction must be retained within the site.  All loading and unloading being carried out from within the premises, and no loading or unloading of goods, materials, equipment or the like associated with the development to take place on Council’s road or footpaths without the prior approval of Council.

 

Reason: To protect the environment

 

11.     Storage of Potentially Contaminated Soils.  All stockpiles of potentially contaminated soil must be stored in an environmentally acceptable manner in a secure area on the site.

 

          Reason: Statutory requirement

 

12.     Assessment of Potentially Contaminated Soils.  All stockpiles of potentially contaminated soil must be assessed in accordance with relevant NSW Environment Protection Authority guidelines, such as the publication titled Environmental Guidelines: Assessment, Classification and Management of Liquid and Non – Liquid Wastes (EPA, 1999).

 

          Reason: Statutory requirement

 

13.     Offsite Disposal of Contaminated Soil.  All contaminated soil removed from the sire must be disposed at a waste facility that can lawfully receive that waste.

 

          Reason: Statutory requirement

 

14.     Hoardings.  A hoarding or fence must be erected between the work site and any adjoining public place.  Any hoarding, fence or awning erected pursuant this consent is to be removed when the work has been completed.

 

          Reason: To protect the public

 

15.     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

 

16.     Storage of materials in public domain.  Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Where the applicant/development requires the use of the public footway for placement of building waste containers, skips and/ or storage of material on the roadway or footpath a separate application shall be made to Council’s Urban Services Division for approval, including payment of relevant fees, for the placement of building waste containers, skips and/or storage of material on the roadway or footpath. The roadway or footpath is not to be occupied or used for storage until such application is approved.  The pedestrian portion of the footpath is to be kept clear and trafficable at all times.

 

          Reason: To protect the environment and public amenity

 

17.     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

 

18.     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

 

19.     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

 

20.     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

 

21.     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

 

22.     Services and Public Utility Relocation: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant. 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 utility services

 

23.     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.

 

24.     Truck ShakerA truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

Reason: To protect the environment

 

25.     Heavy Vehicle Duty Employee and Truck Cleanliness: The applicant shall

·   Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site.

·   Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times.

·   Place an employee within close proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site.

 

Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.

 

Reason: To protect the environment

 

26.     Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

 

Reason:  To protect the environment

 

27.     On-Site Stormwater Detention System - Marker Plate:  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in part O Council’s DCP-Stormwater Management. An approved plate may be purchased from Council's customer service desk.

 

   Reason: To ensure clear identification of onsite stormwater infrastructure

 

28.     Cast in Situ Drainage Pits: Any drainage pit within a road reserve, a Council easement, or that may be placed under Council’s control in the future, shall be constructed of cast in situ concrete and in accordance with Part O Council’s DCP- Stormwater Management.

 

          Reason:  In accordance with Council’s requirements

 

29.     On-Site Stormwater Detention Tank: All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

Reason: To prevent unauthorised access and ensure safe access to stormwater infrastructure

 

30.     Stormwater Requirement: The following details need to be added to the amended stormwater design plans:

§  The design needs to incorporate an adequate gross pollutant trap.

 

The design and construction of the drainage system is to fully comply with, AS-3500 and part O Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

 

Reason: To protect the environment

 

31.     Site Water Management Plan.  A site water management plan is to be submitted to Council for approval.  The plan is required to be site specific and be in accordance with “Managing Urban Stormwater – Soils and Construction” (the blue book) produced by the NSW Department of Housing.

 

Reason: To protect the environment

 

DEMOLITON

 

The following conditions are to ensure compliance with relevant legislation and Australian Standards, and to ensure that the amenity of the neighbourhood is protected.

 

32.     Demolition Traffic Management Plan.  As a result of the site constraints, limited vehicle access and parking, a Demolition Traffic Management Plan (DTMP) and report shall be prepared by an RMS accredited person and submitted to and approved by Council prior to commencing any demolition work.

The DTMP must:-

i.        Make provision for all construction materials to be stored on site, at all times.

ii.       Specify construction truck routes and truck rates. Nominated truck routes are to be distributed over the surrounding road network where possible.

iii.      Provide for the movement of trucks to and from the site, and deliveries to the site. Temporary truck standing/ queuing locations in a public roadway/ domain in the vicinity of the site is not permitted unless a Works Zone is approved by Council.

iv.      Include a Traffic Control Plan prepared by an RMS accredited ticket holder for any activities involving the management of vehicle and pedestrian traffic.

v.       Specify that a minimum seven (7) days notification must be provided to adjoining property owners prior to the implementation of any temporary traffic control measures.

vi.      Include a site plan showing the location of any site sheds, location of requested Work Zones, anticipated use of cranes, structures proposed on the footpath areas (hoardings, scaffolding or temporary shoring) and extent of tree protection zones around Council street trees.

vii.     Take into consideration the combined construction activities of other development in the surrounding area. To this end, the consultant preparing the DTMP must engage and consult with developers undertaking major development works within a 250m radius of the subject site to ensure that appropriate measures are in place to prevent the combined impact of construction activities. These communications must be documented and submitted to Council prior to work commencing on site.

viii.    The DTMP shall be prepared in accordance with relevant sections of Australian Standard 1742 – “Manual of Uniform Traffic Control Devices”, RMS’s Manual – “Traffic Control at Work Sites”.

 

Reason:   To ensure public safety and minimise any impacts to the adjoining pedestrian and vehicular traffic systems.

 

33.     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.  The applicant must provide a copy of the Statement to Council prior to commencement of demolition work.

 

          Reason: To ensure compliance with the Australian Standards

 

34.     Council infrastructure damage bond: Prior to the commencement of any demolition works the applicant shall lodge with Council a $40,000.00 cash bond or bank guarantee. The bond is to cover the repair of damage or outstanding works to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied.

 

Reason:  To maintain public infrastructure

 

35.     Demolition Works.  The demolition works are to be confined within the boundaries of the site and all spillage deposited on the footpaths or roadways are to be removed at the completion of each day’s work. All demolition works are to be completed within a period of three (3) months from the date of commencement.

 

          Reason: To protect the surrounding neighbouring properties

 

 

36.     Waste Management Plan.  The development is to comply with the Waste Management Plan by Elephants Foot Recycling Solutions dated 8 March 2018 Revision C.

 

          Reason: To protect the surrounding environment

 

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

 

          Reason: To ensure public safety

 

38.     Asbestos. Where asbestos is present during demolition work, the work must be carried out in accordance with the guidelines for asbestos work published by Safework NSW.  Details of the method of removal to be submitted prior to the commencement of any demolition works.

 

          Reason: To ensure public safety

 

39.     Asbestos – disposal. All asbestos wastes must be disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be retained by the person performing the work for at least 3 years and be submitted to Council on request.

 

          Reason: To ensure public safety

 

40.   Ventilation of basement carparks — All car parking facilities within buildings shall be naturally or mechanically ventilated in accordance with the Building Code of Australia and Australian Standard AS 1668.2-2012: The use of mechanical ventilation and airconditioning in buildings — Mechanical ventilation in buildings.

 

Reason:  To comply with BCA requirements

 

PRIOR TO CONSTRUCTION CERTIFICATE

 

A Construction Certificate must be obtained from a Principal Certifier, either Council or Private Certifier, to carry out the relevant building works approved under this consent.  All conditions listed in this Section of the consent must be complied with before ANY Construction Certificate can be issued.

 

41.     Section 94 Contribution.  The payment of a contribution for additional person/s in accordance with Council’s Section 94 Contributions Plan shall be paid prior to the issue of any Construction Certificate.  This payment is to be at the current rate at the time of payment.  The amount of $430,660.00 at the current rate of $10,100 per person (2017-2018) is required to be paid.  

 

NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

This contribution is for Community facilities, Open Space/Recreation and Roads under the Lane Cove Section 94 Contributions Plan which is available for inspection at the Customer Service Centre located at Lane Cove Council, 48 Longueville Road, Lane Cove.

 

N/B        The Section 94 Contribution is calculated as the follows:

 

            The S94 contribution for each dwelling of the proposed multi dwelling housing development          is calculated at the current rate of $10,332 per person (2018-2019) as follows:

 

Medium density developments (including attached dual occupancy and duplexes):

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

1 Bedroom

1.2 persons

$10,332.00 x 1.2 = $12,120.00

per dwelling

4 x $12,398.00 =$49,593.60

$49,593.60

2 Bedroom

1.9

$10,332.00 x 1.9 = $19,630.80

per dwelling

22 x $19,630.80 = $431,877.60

$431,877.60

*3 bedroom

2.4

$10,332.00 x 2.4 = $24,796.80

per dwelling

*4 x $24,796.80

$99,187.20

*Capped Rate

 

$20,000.00 per dwelling

4 x $20,000.00 = $80,000.00

$80,000.00

 

 

 

 

Total:

$561,471.20

 

*N/B       The reforms to Local Development Contributions have a cap of $20,000 per                         residential lot or per dwelling limitation on local development contributions.

 

The development site has an existing apartment block comprising 6 x 3 bedroom apartments.  For sites with an existing dwelling house (or houses) a credit is applicable.  This credit is calculated at the following rate:

 

Separate Detached House (including detached dual occupancy):

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

*3 Bedrooms

2.4 persons

$10,332.00 x 2.4 = $24,796.80

per dwelling

6 x $24,796.80

$148,780.80

*Capped Rate

 

$20,000.00 per dwelling

6 x $20,000.00

$120,000.00

*N/B       The reforms to Local Development Contributions have a cap of $20,000 per                         residential lot or per dwelling limitation on local development contributions.

 

The Section 94 Contribution credit for the existing dwellings is therefore $120,000.00.

 

The required S94 contribution is therefore calculated at: $561,471.20 – $120,000.00 = $441,471.20.

 

Reason: To provide public infrastructure

 

42.     Compliance with Australian Standards. The development is required to be carried out in accordance with all relevant Australian Standards. Details demonstrating compliance with the relevant Australian Standard are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

          Reason: To ensure compliance with the Australian Standards

 

43.     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

 

44.     Street Tree Security.  A bond of $45,000 must be paid to Council prior to the issue of Construction Certificate to provide guarantee adequate protections are taken during the development to protect the council owned trees identified as trees 1, 2 and 3 (Casuarina cunninghamiana) to be retained.  This bond may be forfeited in the event of damages to any of these trees as a result of the development works as determined by Council’s Tree Management Officer, at a minimum the cost of replacing the tree including labour will be deducted from the bond. The applicant shall contact Council to have the street tree inspected following issue of the Occupation Certificate.

 

          Reason: To ensure the viability of street trees

 

45.     Construction Management Plan and Work ZonesA Construction Traffic Management Plan and application for a Work Zone adjacent the development shall be submitted to Lane Cove Council for determination, prior to the commencement of the demolition and prior to any works that require construction vehicle and machinery movements to and from the site. If the development has access to a State Road, the Construction Management Plan and Work Zone application will need to be referred to RMS for approval. Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of preparation of the Construction Traffic Management Plan. 

 

The approval of the Construction Management Plan and application for a Work Zone by Council’s Traffic Section must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.  

 

The developer must give the Council written notice of at least 14 days prior to the date upon which use of the work zone will commence and the duration of the works zone approval shall be taken to commence from that date. All vehicle unloading/loading activities on a public roadway/footway are to be undertaken within an approved work zone.

 

Reason: To comply with Council’s requirements and protect public amenity

 

46.     Construction Noise and Vibration Management plan.  A Construction Noise and Vibration Management Plan is required to be submitted prior to the issue of a Construction Certificate that addresses the impact of noise & vibration from the demolition and the construction phase of the project. The plan is to be submitted in accordance with the NSW Environmental Protection Authority Interim Construction Noise Guidelines.

 

Reason: To maintain local amenity

 

47.     Environmental Management Plan.  An Environmental Management Plan for the construction phase that addresses demolition, asbestos management, site water management and dust management (water cart, misting sprays, sealing of excavated/exposed soil areas) shall be submitted prior to the issue of a Construction Certificate.

 

Reason: To maintain local amenity

 

48.     Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

 

Reason: To ensure the safety and viability of the retaining structures onsite

 

49.     Mechanical Rock Pick Machines.  The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

(a)        Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

 

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

 

(2)        The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

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

 

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

 

            Compliance must be satisfied prior to the issue of any Construction Certificate.

 

          Reason: To protect surrounding development

 

50.     Disabled Access. Prior to the issue of a Construction Certificate, a report is to be provided from a suitably qualified access consultant to verify that the Construction Certificate Drawings fully comply with the Building Code of Australia and Australian Standards AS1428.1, AS4299, AS1735.12 and AS2890.6. The report is to be provided to the PCA and Council (if Council is not the PCA).

 

Reason:            To ensure equitable access

 

51.     Adaptable Units. A total of six (6) adaptable apartments are to be provided within the development. These apartments are to comply with all of the requirements as outlined in AS4299. Details demonstrating compliance is to be provided on the relevant Construction Certificate plans. Prior to the issue of the Construction Certificate, a suitably qualified access consultant is to certify that the development achieves the requirements of A54299.

 

Reason: To ensure compliance with Council’s requirements

 

52.       Design Verification. Prior to the relevant Construction Certificate being issued with respect to this development, the Principle Certifying Authority is to be provided with a written Design Verification from a qualified designer. This statement must include verification from the designer that the plans and specification achieve or improve the design quality of the development to which this consent relates, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development. This condition is imposed in accordance with Clause 143 of the Environmental Planning and Assessment Regulation 2000.

 

Reason:            Statutory requirement

 

53.     Drainage Plans Amendments: The stormwater drainage plan numbered 170523 Rev C prepared by Adams Engineers dated 12-03-18 is to be amended to reflect the above condition titled Stormwater requirement’. The amened design is to be certified that it fully complies with, AS-3500 and part O Council's DCP-Stormwater Management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the Construction Certificate.

 

Reason: To maintain the stormwater management of the property

 

54.     Construction adjacent to or parallel to a drainage Easement / pipeline:  The footings of the proposed structure adjacent to the Council drainage easement shall be taken below the zone of influence of the Council stormwater line. The location and depth of the footings in relation to the stormwater line, along with the design of the footings, are to be detailed on engineering plans. The engineering plans are to be completed and certified for construction by a suitably qualified engineer and be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

On completion of the works and prior to the issue of the Occupation Certificate the design engineer shall certify that structure has been constructed in accordance with the approved plans and is within acceptable construction tolerances. The certification is to include a Work as Executed plan. The Work-as-Executed must show the location of all structures in the vicinity of the Council drainage easement, indicating that all footings are located below the zone of influence of the Council stormwater line.

 

Reason: To protect and maintain Council infrastructure

 

55.     Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

 

Reason: To ensure the integrity of retaining structures

 

56.     Structural Engineer's details. The Structural Engineer’s details are to be submitted prior to the issue of any Construction Certificate for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing.

 

          Reason: To ensure development is in accordance with the consent

 

57.     Council infrastructure damage bond: The applicant shall lodge with Council a $3,000.00 cash bond or bank guarantee. The bond is to cover the repair of damage or outstanding works to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the commencement of any demolition works.

 

Reason:  To maintain public infrastructure

 

58.     Proposed Vehicular Crossings: The proposed vehicular crossings shall be constructed to the specifications and levels issued by Council. A ‘Construction of a Multi Unit Footpath Crossing’ application per driveway shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate

 

Reason: Statutory requirement

 

59.     Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed basement shall be determined by Council if required.

 

Reason: To provide consistent street alignment levels

 

60.     Council Inspection Requirements: The following items shall require Council inspections.

·    All new footpaths on Council Property

·    New kerb and gutter on Council Property

·    All asphalt adjustments to the roadway

·    All the approved stormwater drainage works on Council property

Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with Council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / setout requirements.

An Inspection fee of $580.00 is to be paid prior to the issue of any Construction Certificate.   

 

Reason: Statutory requirement

 

61.     Council infrastructure damage bond: The applicant shall lodge with Council a $##,000.00 bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Reason:  To maintain public infrastructure

 

62.     Positive Covenant Bond: The applicant shall lodge with Council a $2,000.00 cash bond to cover the registration of the required positive covenants. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Reason: To ensure the registration of the positive covenant

 

63.     Geotechnical Report: A geotechnical report is to be completed for the excavation and ground water impacts associated with this development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

 

Reason: To protect the environment

 

64.     Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction.

 

The Geotechnical Monitoring Program for the construction works must be in accordance with the recommendations of the Geotechnical Report and is to include

 

·   Recommended hold points to allow for inspection by a suitably qualified  engineer during the following construction procedures;

§ Excavation of the site (face of excavation, base, etc)

§ Installation and construction of temporary and permanent shoring/ retaining walls.

§ Foundation bearing conditions and footing construction.

§ Installation of sub-soil drainage.

·   Location, type and regularity of further geotechnical investigations and testing.

 

Excavation and construction works must be undertaken in accordance with the Geotechnical and Monitoring Program.

 

Reason: To ensure adequate monitoring of excavation works

 

65.     Construction Methodology Report: There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate. The details must include a geotechnical report to determine the design parameters appropriate to the specific development and site.

 

The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

 

The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

 

Reason: To protect neighbouring infrastructure

 

66.     Dilapidation Report The applicant is to provide a dilapidation report of all adjoining properties and any of Councils infrastructure located within the zone of influence of the proposed excavation.

 

Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate.

 

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an Occupation Certificate.

 

Reason: To ensure an accurate record of existing infrastructure is made

67.     Road Dilapidation Survey: The applicant shall prepare a dilapidation survey and a dilapidation report detailing the existing state of repair / condition of the road surfaces along Canberra Avenue  adjacent the site. The survey and report need to be submitted to the Council prior to the issue of the first Construction Certificate.  Following completion of construction of the development and prior to the issue of the first Occupation Certificate, the applicant is to prepare a second dilapidation survey and a dilapidation report that includes details of all changes and damage caused to the surface of the said public roads as a consequence truck movements associated with the construction of the development. The Council may apply funds realised from the security referred to in applicable condition to meet the cost of making good any damage caused to the surface of the said public road as a consequence truck movements associated with the construction of the development to which the consent relates. The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers.

 

Reason: To ensure an accurate record of existing public infrastructure is made

 

68.     Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, ramps, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifier. 

The car parking spaces are to accommodate a B99 vehicles.  The accessible car spaces in the car park are to be adequately signposted and linemarked, and provided in accordance with AS2890.6: 2009 including the adjacent shared space and the height clearance.

 

The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.  

 

Reason: To ensure compliance with Australian Standards and Council’s standards

 

69.     Bicycle Parking.  All cycling racks and secure bike parking provided on-site must meet the minimum standards as outlined in Section 4.3 in Part R of the DCP and designed in accordance with AS 2890.3:2015.

 

Reason:  To ensure parking compliance with Australian Standards and Council’s requirements

 

70.     Lighting of common areas (driveways etc). Details of lighting for internal driveways, visitor parking areas and the street frontage and publically accessible footpath shall be submitted for approval to the principal certifier prior to the issue of the Construction Certificate. The details to include certification from an appropriately qualified person that there will be no offensive glare onto adjoining residents.

 

Reason: Public safety and security

 

71.     Public Domain and Council Construction Requirements: The applicant shall construct / reconstruct the following:

1.  New 1.5m wide concrete footpath adjacent the entire frontage of the site

2.  New Kerb and Gutter along the entire frontage of the site

3.  Construct the proposed Council stormwater pipeline diversion as per the approved stormwater management plan

4.  Reinstate all adjustments to the road surfaces to Council’s satisfaction.

5.  Reinstate all existing nature-strips with turf and soil to Council’s satisfaction.

 

A $20,000 cash bond or bank guarantee shall be lodged with Council to cover the satisfactory construction of the above requirements. Lodgement of this bond is required prior to the issue of the Construction Certificate. The Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the Occupation Certificate. All costs associated with the construction of the above works are to be borne by the applicant.

 

Reason:

 

72.     Council Inspection Requirements: The following items shall require Council inspections.

·   All new footpaths on Council Property

·   New kerb and gutter on Council Property

·   All asphalt adjustments to the roadway

·   All the approved stormwater drainage works on Council property and in relation to the Council stormwater pipe line diversion

 

Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with Council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / setout requirements.

 

An Inspection fee of $580.00 is to be paid prior to the issue of the Construction Certificate.   

 

Reason: To ensure Council infrastructure is constructed in accordance with Council’s requirements

 

73.     Erosion and Sediment Control Plan:  An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the Principal Certifier authority to prior to the issue of the Construction Certificate. 

 

Reason: To protect the environment  

 

 

74.     Mechanical ventilation details - Details of all proposed mechanical ventilation systems must be submitted for approval with the application for the Construction Certificate.   Such details must include:

a.  Plans and specifications of the mechanical ventilation systems; and

b.  A design certificate from a professional mechanical services engineer certifying that the mechanical ventilation systems will comply with the Building Code of Australia and the conditions of this Consent.

 

Reason:  To ensure compliance with BCA

 

75.     Tree Plantings. The following trees located within the front setback area are to be installed/planted at the following minimum pot/container sizes:

·   Angophora costata (Sydney Red Gum): 400 litre pot/container

·   Acmena smithii (Lilly Pilly): 200 litre pot/container

·   Banksia integrifolia (Coast Banksia): 200 litre pot/container

·   Banksias serrata (Saw Banksia): 200 litre pot/container

 

All trees planted on site are to be grown in accordance with and conform to AS 2303:2015 Tree stock for landscape use.

 

Reason:  To ensure that trees are planted at the nominated pot sizes and start out in healthy conditions with no apparent defects, pests or diseases.

 

76.     Communal Open Space details.  The Communal Open Space proposed on Level 6 is to ensure a high level of amenity and shall be equipped with the following:

An area of all-weather overhead protection (min 3m x 3m);

Toilet facilities;

Barbecue facilities;

Power points;

Water and sink;

Lighting, and

Direct lift access to the area.

 

Details are to be submitted to the Principal Certifier prior to the issue of the Construction Certificate.

 

Reason: to provide a high level of amenity for the residence.

 

77.     Irrigation. Irrigation is to be supplied to all raised planters located within common areas as well as the rooftop gardens to ensure adequate water is available to vegetation. Irrigation systems shall be fully automated and capable of seasonal adjustments. Details are to be submitted prior to the issue of the Construction Certificate.

 

Reason: to ensure landscaped areas are maintained.

 

78.     Tree Works – provision of arborist details.  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. The Principal Certifier and Council is to be notified, in writing, of the name, contact details and qualifications of the project arborist appointed to the site prior to the issue of a Construction Certificate.  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 prior to the issue of occupation certificate.

         

          Reason: To ensure protection of existing trees

 

79.     Tree Protection Measures1.8 m high chain mesh fence shall be erected around all specified tree protection zones to be included and locations identified in the approved Tree Protection Plan (TMP01).  The fenced area must not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

Such fencing and signage must be erected prior to the issue of the Construction Certificate, including demolition or site preparation, and remain in place for the duration of the construction work. 

 

Reason: To protect existing trees

 

80.     Reflectivity of materials. Roofing and other external materials must be of low glare and reflectivity.  All metal deck roofs are to be of a ribbed metal profile in a mid to dark colour range with an anti-glare finish.  Details of finished external surface materials, including colours and texture must be provided to the Principal Certifying Authority prior to the release of the Construction Certificate.

 

          Reason: To protect the amenity of surrounding properties

 

81.     Garbage Chutes.  Garbage chute systems and interim recyclable storage facilities must be provided to the development with the following requirements:

·   Garbage chutes must be constructed in accordance with the requirements of the Building Code of Australia (BCA)

·   Garbage chutes must be located and insulated in a manner that reduces noise impacts.

·   Chutes, service openings and charging devices must be constructed of material (such as metal) that is smooth, durable, impervious, non-corrosive and fire resistant.

·   Chutes, service openings and charging devices must be capable of being easily cleaned.

·   Chutes must be cylindrical and have a diameter of at least 500mm

·   Chutes must not have any bends or sections of reduced diameter in the main shaft of the chute.

·   Internal overlaps in the chute must follow the direction of waste flow

·   A cut off device must be located at or near the base of the chute so that the bottom of the chute can be closed when the bin or compacting device at the bottom of the chute is withdrawn or being replaced.

·   The upper end of the chute must extend above the roofline of the building

·   The upper end of the chute must be weather protected in a manner that doesn’t impede the upward movement of air out of the chute.

 

Details demonstrating compliance is to be submitted on the Construction Certificate plans.

 

Reason: To ensure adequate waste facilities are provided in accordance with Council’s requirements

 

82.     Garbage Chute Service Rooms.  The service opening (for depositing rubbish into the main chute) on each floor of the building must have a dedicated service room with the following requirements:

·   The charging device for each service opening must be self-closing and must not project into the main chute

·   Branches connecting service openings to the main chute must be no longer than 1m

·   Each service room must include provision for 2 x 240L recycling bins for the storage of recyclable materials. Signage regarding the materials that can be recycled must be displayed near these recycling bins

·   Each service room must be located for convenient access by users and must be well ventilated and well lit

·   The floors, walls and ceilings of service rooms must be finished with smooth durable materials that are capable of being easily cleaned

·   Service rooms must include signage that clearly describes the types of materials that can be deposited onto the garbage chute and the types of materials which must be deposited into recycling bins.

Details demonstrating compliance is to be submitted on the Construction Certificate plans.

 

Reason: To ensure adequate waste facilities are provided in accordance with Council’s requirements

 

83.     Waste and Recycling Storage Room.  The waste and recycling storage room must be provided in accordance with the following requirements:

(a)     Be of sufficient size to accommodate a total of 4 x 660L general waste bins, 4 x 240L container recycling bins, 4 x 240L paper recycling bins, and 1 x 240L garden waste bins with adequate space for manoeuvring garbage and recycling bins with:

·   Minimum clearance between bins of 300mm

·   Minimum door openings of 2000mm

·   Minimum distance of 1700mm between rows of bins (where bins are located on either side of the room)

(b)     The floor of waste and recycling storage rooms (including bulky waste storage room) must be constructed of either:

·   Concrete which is at least 75mm thick; or

·   Other equivalent material; and

·   Graded and drained to a floor waste which is connected to the sewer

(c)     All floors must be finished to a smooth even surface, coved at the intersections of walls and floor.

(d)     The walls of waste and recycling storage rooms, bulky waste storage rooms, and waste service compartments must be constructed of solid impervious material and must be cement rendered internally to a smooth even surface coved at all intersections.

(e)     All waste and recycling storage rooms and bulky waste storage rooms must be provided with an adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock.

(f)      A close-fitting and self-closing door that can be opened from within the room must be fitted to all waste and recycling and bulky waste storage rooms.

(g)     All waste and recycling and bulky waste storage rooms must be constructed to prevent the entry of vermin.

(h)     All waste and recycling and bulky waste storage rooms must be ventilated by either:

·   Mechanical ventilation systems exhausting at a rate of 5L.s per m@ of floor space area, with a minimum rate of 100L/s; or

·   Permanent, unobstructed natural ventilation openings direct to the external air.

(i)      All waste and recycling and bulky waste storage rooms must be provided with artificial light controlled by switches located both inside and outside the rooms.

(j)      Clearly printed “No Standing” signs must be affixed to the external face of each waste and recycling and bulky waste storage room.

Details demonstrating compliance is to be submitted on the Construction Certificate plans.

 

Reason: To ensure adequate waste facilities are provided

 

84.     Bulky Waste storage Room.  A readily accessible bulky waste storage room located near the garbage room must be provided for the use of all residents.

·        The bulky waste storage room must have a minimum floor area of 30m2 and be of sufficient size to practically accommodate a minimum of 10m3 of bulky waste at any given time. Doorways and travel paths must be a minimum width of 1700mm and of sufficient height and be free of obstructions to permit easy transport from individual units to the storage area, and from the storage area to the collection point.

Details demonstrating compliance is to be submitted on the Construction Certificate plans.

           

Reason: To ensure adequate waste facilities are provided

 

85.     Access to Waste Collection Point.  All waste must be collected on-site via on-site access by Council’s waste collection vehicles.

·   The location(s) of waste and recycling rooms and bulky waste storage areas must be conveniently accessible for both occupants and Council’s waste collection contractors.

·   On site garbage collection must be provided for with sufficient headroom in accordance with AS2890.2: 2002 and to allow the vehicle to enter and exit in a forward direction.

·   The minimum finished ceiling height must be 2.6m along the path of travel from the street to the residential waste and recycling collection point and manoeuvring area. This clearance must be kept free of any overhead ducts, services and other obstructions.

·   The waste collection and holding area is to be clearly signposted and linemarked.

·   The maximum grade of any access road leading to the waste and recycling point must not be more than 1:5 (20%). The running area at the base of any ramp must be sufficient for the manoeuvre of a 6.64m rigid vehicle to enter and exit the building in a forward direction.

·   Where security gates are installed, a remote control access device must be provided to Council to permit unimpeded access

 

Details demonstrating compliance is to be submitted on the Construction Certificate plans.

 

Reason: To ensure adequate access to waste collection is provided

 

86.     Composting and Worm Farming.  The applicant must provide a container for communal composting/worm farming, the sitting of such must have regard to potential amenity impacts.  Details demonstrating compliance is to be submitted on the Construction Certificate plans.

 

Reason: To ensure adequate waste facilities are provided

 

87.     Internal Waste Management.  Internal waste and recycling cupboards with sufficient space for one day’s garbage and recycling generation must be provided to each dwelling.  Details demonstrating compliance is to be submitted on the Construction Certificate plans.

 

Reason: To ensure adequate waste facilities are provided

 

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

 

a)      All reinforcement prior to filling with concrete.

b)      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)       Stormwater drainage lines prior to backfilling.

g)      Completion.

 

          Reason: Statutory requirement

 

Sydney Trains Concurrence Conditions - Any conditions issued as part of Sydney Trains approval/certification of any documentation for compliance with the Sydney Trains conditions of consent, those approval/certification conditions will also form part of the consent conditions that the Applicant is required to comply with.

 

89.     Excavation and construction works.  All excavation and construction works are to be undertaken in accordance with the details, methodology, advice, undertakings and recommendations detailed in the following documents:

 

a)      Geotechnical Investigation Report Ref: 4708-1-R1 prepared by Asset Geotechnical Engineering Pty Ltd dated 20 December 2017.

 

b)      Report on numerical modelling Ref: 4708-R1 prepared by Asset Geotechnical Engineering Pty Ltd dated 19 December 2017.

 

c)      Ground Movement and Vibration Monitoring Plan Ref 4708-R2-Rev R1 prepared by Asset Geotechnical Engineering Pty Ltd dated 22 February 2018.

 

d)      Drawings numbered S1.00, S1.01, S1.02, S1.03, S1.09, S1.10, S1.11, S1.12, S1.13 Revision A prepared by lnstructure Consulting Engineers.

 

e)      'Basement Excavation adjacent to Sydney Rail Corridor Statement' dated 23 February 2018 prepared by lnstructure Consulting Engineers.

 

(f)      Letter to Sydney Trains dated 1 June 2018 prepared by lnstructure Consulting Engineers regarding reinforcing an existing retaining wall.

 

The Principal Certifying Authority is not to issue the Construction Certificate until the measures detailed in the documents approved/certified by Sydney Trains under this Condition are incorporated into the construction drawings and specifications prior to the issuing of the Construction Certificate. Prior to the commencement of works the Principal Certifying Authority is to provide verification to Sydney Trains that this condition has been complied with.

 

90.     Prior to the issue of a Construction Certificate The following items are to be submitted to Sydney Trains for review and endorsement:

 

(a)     Machinery to be used during excavation/construction.  .

(b)     The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Sydney Trains.

(c)     No metal ladders, tapes and plant/machinery, or conductive material are to be used within 6 horizontal metres of any live electrical equipment. This applies to the train pantographs and 1500V catenary, contact and pull-off wires of the adjacent tracks, and to any high voltage aerial supplies within or adjacent to the rail corridor.

 

The Principal Certifying Authority is not to issue a Construction Certificate until written confirmation has been received from Sydney Trains confirming that the above have been satisfied.

 

91.     Services Search.  Prior to the issue of a Construction Certificate the applicant shall undertake a services search to establish the existence and location of any rail services, including RailCorp's power supply. Persons performing the service search shall use equipment that will not have any impact on rail services and signalling. Should rail services be identified the Applicant must obtain RailCorp written approval as to how they will be protected, or if required, relocated.

 

92.     Rail noise and vibration - Acoustic Report.  An acoustic assessment is to be submitted to Council prior to the issue of a Construction Certificate demonstrating how the proposed development will comply with the Department of Planning's document titled "Development Near Rail Corridors and Busy Roads- Interim Guidelines".

 

93.     Electrolysis Risk.   Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

 

94.     Risk Assessment/Management Plan.   If required by Sydney Trains, prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

 

95.     Track Monitoring Plan.  If required by Sydney Trains, a track monitoring plan (including instrumentation and the monitoring regime during excavation and construction phases) is to be submitted to Sydney Trains for review and endorsement prior to the issue of a Construction Certificate. The Principal Certifying Authority is not to issue a Construction Certificate until written confirmation has been received from Sydney Trains advising of the need to undertake the track monitoring plan, and if required, that it has been endorsed.

 

96.     Excavation, Shoring and Piling Works.  Unless advised by Sydney Trains in writing, all excavation, shoring and piling works within 25m of the rail corridor are to be supervised by a geotechnical engineer experienced with such excavation projects.  No rock anchors/bolts are

 

97.     Public Liability Insurance Cover.  If required, prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Engineering Management Interfaces to determine the need for public liability insurance cover. If insurance cover is deemed necessary this insurance be for sum as determined by Sydney Trains and shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure. The Applicant is to contact Sydney Trains Engineering Management Interfaces to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

 

98.     Sydney Trains Bond or Bank Guarantee.   If required, prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Engineering Management Interfaces to determine the need for the lodgement of a Bond or Bank Guarantee for the duration of the works. The Bond/Bank Guarantee shall be for the sum determined by Sydney Trains. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written advice from Sydney Trains confirming the lodgement of this Bond/Bank Guarantee.

 

99.     Craneage and other Aerial Operations.  Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. If required by Sydney Trains, the Applicant must amend the plan showing all craneage and other aerial operations to comply with all Sydney Trains requirements. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

 

100.   Documentation to Council.  Copies of any certificates, drawings, approvals/certification or documents endorsed by, given to or issued by Sydney Trains must be submitted to Council for its records prior to the issue of a Construction Certificate.

 

101.   Derailment Risk Analysis.  A risk analysis, which shall determine the required level of derailment protection (if any), shall be carried out in consultation with Sydney Trains. This risk analysis will determine the redundancy requirements or the minimum collision loads specified in Australian Standard AS5100 that needs to be complied with. The risk assessment is to be prepared in accordance with the Sydney Trains Safety Management System.

 

The Principal Certifying Authority shall not issue the Construction Certificate until it has received written confirmation from RailCorp that the risk analysis has been prepared and the Principal Certifying Authority has also confirmed that the measures recommended in this risk analysis have been indicated on the Construction Drawings.

 

102.   Pollution.  During all stages of the development, extreme care shall be taken to prevent any form of pollution (including dust) entering the railway corridor. Any form of pollution that arises as a consequence of the development activities shall remain the full responsibility of the Applicant.

 

103.   Drainage Impacts.  Given the development site's location next to the rail corridor, drainage from the development must be adequately managed/ disposed of and not allowed to be discharged into the corridor (and its easements) unless prior approval has been obtained from Sydney Trains.

 

104.   Works within Rail Corridor.  No work is permitted within the rail corridor, or its easements, at any time unless prior approval or an Agreement has been entered into with Sydney Trains. Where the Applicant proposes to enter the rail corridor, the Principal Certifying Authority shall not issue a Construction Certificate until written confirmation has been received from Sydney Trains confirming that its approval has been granted.

 

105.   Rail Corridor Fencing.  Prior to the commencement of works appropriate fencing is to be in place along the rail corridor to prevent unauthorised access to the rail corridor during construction. Details of the type of fencing and the method of erection are to be to the satisfaction of Sydney Trains prior to the fencing work being undertaken.

 

106.   Scaffolding or Hoarding.  No scaffolding or hoarding is to be used facing the rail corridor unless prior written approval has been obtained from Sydney Trains. To obtain approval the proponent will be required to submit details of the scaffolding and hoarding, the means of erecting and securing this scaffolding, the material to be used, and the type of screening to be installed to prevent objects falling onto the rail corridor. Unless agreed to by Sydney

Trains in writing, scaffolding shall not be erected without isolation and protection panels.

 

107.   Rail Corridor Protection.  Given the possible likelihood of objects being dropped, thrown or blown onto the rail corridor from balconies, windows and other external features (e.g. roof terraces and external fire escapes) that face the rail corridor, the Applicant is required to install measures (e.g. awning windows, louvres, enclosed balconies etc.) which prevent the throwing of objects onto the light rail corridor. The Principal Certifying Authority shall not issue the Construction Certificate until it has confirmed that these measures are to be installed and have been indicated on the Construction Drawings.

 

PRIOR TO COMMENCEMENT OF WORKS

 

Prior to the commencement of any demolition, excavation, or building work the following conditions in this Part of the Consent must be satisfied, and all relevant requirements complied with at all times during the operation of this consent.

 

 

108.   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.

 

          Reason: To ensure public safety and public information

 

109.   Security fencing.  The site is to be properly fenced to prevent access of unauthorised persons outside of working hours.  The fencing shall be locked with an appropriate locking device that cannot be readily opened by any unauthorized persons.  Site security shall be in accordance with the requirements under the Work Health and Safety Regulations

 

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

 

110.   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  

 

111.   Approved tree works. This consent does not authorise the removal and/or pruning of trees unless specifically permitted by the following table of this consent and in accordance with the Arboricultural Impact Appraisal and Method Statement by Naturally Trees Dated 22 November 2017 or otherwise necessary as a result of construction works approved by this consent:

 

Tree No.

Species

Recommendation

1  & 2

Lophostemon confertus

Retain & Protect

3 & 4

Eucalyptus saligna

Retain & Protect

5

Cupressus sp. Cyprus

Remove

6

Figus benjamin –

‘Weeping fig’

Remove

7

Grevillea robusta G

Remove

8

Jacaranda mimosifolia - Jacaranda

Retain & Protect

9

Ficus elastic

Retain & Protect

10

Cupressus sp.

Remove

11, 12 & 13

Casuarina cunninghamiana

Retain & Protect

 

Trees that are shown on the approved plans as being retained must be protected against damage during construction.

 

Reason:  To protect trees

 

112.   Retaining Walls.  The replacement of retaining walls containing trees requires a specific work method statement be prepared in consultation with the Project Arborist to ensure retained trees are not impacted by the works. The document is to be submitted to and approved by councils Tree Management Officer prior to the issue of the Construction Certificate. All works are to be carried out in compliance with Section 3.2.1, Section 4 and Appendix 6 of the Arboricultural Impact Appraisal and Method Statement by Naturally Trees Dated 22 November 2017.

 

Reason: To ensure the viability of the existing trees

 

DURING CONSTRUCTION

 

Unless otherwise specified, the following conditions in this Part of the consent must be complied with at all times during the construction period.  Where applicable, the requirements under previous Parts of this consent must be implemented and maintained at all times during the construction period.

 

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

 

          Reason: To protect the environment

 

114.   Site Facilities.  The following facilities must be provided on the site:

(a)     toilet facilities in accordance with Safework NSW requirements, at a ratio of one toilet per every 20 employees, and

(b)     a garbage receptacle for food scraps and papers, with a tight fitting lid.

 

          Reason: Statutory requirement

 

115.   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

 

116.   Dust Control.  The following measures must be taken to control the emission of dust:

 

a)      Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work

b)     Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter

c)     All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system

d)     All stockpiles of materials that are likely to generate dust must be kept damp or covered

e)     Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

            Reason:  To protect the environment

 

117.   Stabilised Access Point.  A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised.  These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (blue Book)

 

Reason: To protect the environment

 

118.   Tree Protection Schedule. The Project Arborist is to ensure that all tree protection measures in accordance with Section 4 and Appendix 6 of the Arboricultural Impact Appraisal and Method Statement by Naturally Trees Dated 22 November 2017 are put in place for all trees identified to be retained and protected.  All trees are to be monitored to ensure adequate health throughout the construction period is maintained.  Additionally, all work within the Tree Protection Zones is to be supervised throughout construction. 

 

Hold Point

Task

Responsibility

Certification

Timing of Inspection

1.

Indicate clearly (with spray paint on trunks) trees approved for removal only

Principal Contractor

Project Arborist

Prior to demolition and site establishment

2.

Establishment of tree protection fencing and additional root, trunk and/or branch protection

Principal Contractor

Project Arborist

Prior to demolition and site establishment

3.

Supervise all excavation works proposed within the TPZ

Principal Contractor

Project Arborist

As required prior to the works proceeding adjacent to the tree

4.

Inspection of trees by Project Arborist

Principal Contractor

Project Arborist

Monthly during construction period

5.

Final inspection of trees by project Arborist

Principal Contractor

Project Arborist

Prior to issue of Occupation Certificate

 

            Reason:          To ensure protection of existing trees.

 

119.   No storage of materials beneath trees.  No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.

 

Reason:            To protect existing trees.

 

120.   Removal of refuse.  All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.

 

Reason:            To protect the environment.

 

121.   Removal of noxious plants & weeds.  To protect the environment prior to completion of building works all noxious and/or urban environmental weeds species, as identified under Lane Cove Council’s Noxious Weeds List, shall be removed from the property.

 

Reason:            To protect the environment.

 

122. CCTV Cameras:

a)      The applicant shall install and maintain surveillance cameras and recorders to monitor and record all entrance and exit points to the buildings. The cameras should include the foyer area to the buildings including the area around the mail boxes as mail theft in unit complexes in the Sydney Metropolitan area is an emerging crime. The cameras should also monitor the immediate vicinity outside the building including, but not limited to, the footpath area in front of the premises. CCTV cameras should also cover any lifts, public spaces and the basement car parks. Recordings should be made twenty four (24) hours a day seven (7) days a week.

b)      As a minimum, CCTV cameras at entry and exit points to the premises MUST record footage of a nature and quality in which it can be used to identify a person recorded by the camera. All other cameras MUST record footage of a nature and quality in which it can be used to recognise a person recorded by the camera.

c)      The time and date must automatically be recorded on all recordings made whilst it is recording. All recordings are to be kept for a minimum period of thirty (30) days before they can be reused or destroyed.

d)      If requested by police, the applicant is to archive any recording until such time as they are no longer required.

e)      Recordings are to be made in a common media format such as Windows Media Player or similar, or should be accompanied by applicable viewing software to enable viewing on any windows computer.

f)       The CCTV control system should be located within a secured area of the premise and only accessible by authorised personnel.

g)      If the CCTV system is not operational, immediate steps are to be taken by the applicant to ensure that it is returned to a fully operational condition as soon as possible.

h)      CCTV should be installed throughout the basement car park area and should include the entry and exit points to the car park.

 

          Reason: To provide safety and security

 

123.   Access control: The following measures shall be addressed in the fit out of the building:

a)      All areas should be fitted with doors that comply with Australian Design Standards.

b)      The locks fitted to the doors should be of a high quality and meet the Australian design standards.

c)      Any glass within these doors should be laminated to enhance the physical security of the doors.

d)      Access control should be set in place to exclude unauthorized access to restricted areas.

e)      Access should be restricted to residents only to the lifts and stairs leading to the apartments.

f)       Fire exit doors to the development should be fitted with single cylinder locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the development.

g)      The main entry/exit doors to individual units should also be fitted with single cylinder locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the unit.

h)      The balcony doors to individual units should also be fitted with single cylinder locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the unit.

i)        The windows to individual units should also be fitted with key operated locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the unit

j)        Intercom facilities should be incorporated into entry/exit points to enable residents to communicate and identify with people prior to admitting them to the development.

k)      Letterboxes shall have good quality locks on them. Mail theft is an emerging crime in the Sydney Metropolitan area and as such is important that steps be taken to ensure that letterboxes are as secure as possible. CCTV shall be installed around the area where letterboxes are installed

 

Reason: To provide safety and security

 

PRIOR TO OCCUPATION CERTIFICATE

 

An Occupation Certificate must be obtained from the Principal Certifier prior to the occupation of any part of the development, or prior to the commencement of a change of use of a building.

 

Prior to issue, the Principal Certifier must ensure that all works are completed in accordance with the approved construction certificate plans and all conditions of this Development Consent.

 

124.   BASIX. The submission of documentary evidence of compliance with all commitments listed in BASIX Certificate(s) numbered 860499M_02, dated 12 March 2018.

         

          Reason: Statutory requirement

 

125.   Completion of landscape works.  Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.

 

Reason:            To ensure that the landscape works are consistent with the development consent.

 

126.   Canopy replenishment plantings.  Trees removed as part of the DA process must be replaced at a ratio of no 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.  Any trees found faulty, damaged, dying or dead shall be replaced with the same species.

 

          Reason: To maintain the treed nature of the locality

 

127.   Sydney Water – Section 73 Compliance Certificate. A compliance certificate must be obtained from Sydney Water, under Section 73 of the Sydney Water Act 1994. Sydney Water will determine the availability of water and sewer services, which may require extension, adjustment or connection to Sydney Water mains. A Section 73 Compliance Certificate must be completed before the issue of any Occupation Certificate.

 

Sydney Water will assess the development and if required will issue a Notice of Requirements letter detailing all requirements that must be met. Applications can be made either directly to Sydney Water or through a Sydney Water accredited Water Servicing Coordinator.

 

Go to www.sydneywater.com.au/section73 or call 1300 082 746 to learn more about applying through an authorised WSC or Sydney Water.

 

          Reason: Statutory requirement

 

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

 

a          Dampcourse level;

b          The establishment of the first floor level;

c          The roof framing; and

d          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

 

129.   Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system and the Council stormwater pipeline diversion have been constructed in accordance with the approved plans, Part O Council’s DCP-Stormwater Management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:

(a)     be signed by a registered surveyor, &

(b)     clearly show the surveyor’s name and the date of signature.

 

All documentation is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

 

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

 

130.   Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out in accordance with the relevant Australian Standards and Codes of Practice.

 

The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.

 

        Reason: To ensure the structural integrity of the works

 

131.   Positive Covenants OSD and Pump Out System:  Documents giving effect to the creation of a positive covenants over the on-site detention system and over the basement pump out system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wordings of the terms of the positive covenants shall be in accordance with part O Council’s DCP-Stormwater Management.

 

Reason: To protect stormwater infrastructure

 

132.   Stormwater easement:  Documents giving effect to the creation of a 3.35m easement to drain water over the Council stormwater pipeline shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wordings of the terms of the easement shall be in accordance with Part O Council’s DCP-Stormwater Management.

 

Reason: To ensure access to Council infrastructure

 

133.   Redundant Gutter Crossing:  All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

Reason: To ensure Council’s footpath and nature strip is free from potential vehicular or other obstructions.

 

134.   Traffic Signal System.  Prior to the issue of the Occupation Certificate an Independent Traffic Consultant shall review and approve the signal system installed in the basement to ensure that it is safe and functional.  Written approval shall be provided to the Principal Certifier.

 

Reason: To ensure safe vehicular movements within the basement

 

135.   Lighting. Lighting is to be provided around the site and all lighting is to comply with the following requirements:

-     Lighting is to be designed and installed in accordance with the relevant Australian and New Zealand Lighting Standards.

-     A Lighting Maintenance Policy is required to outline the maintenance, monitoring and operation of lighting.

-     Lighting is to be provided to all common areas including all car parking levels, stairs and access corridors and communal gardens.

-     Lighting is to be automatically controlled by time clocks and where appropriate, sensors for energy efficiency and a controlled environment for residents.

 

Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

          Reason: To provide safety and security

 

136.   Car parking security. Vehicular entry to residential parking and visitor’s parking areas is to be through a secured roller shutter with an intercom system for visitor’s access. The doors are to be controlled by locksets such as remote or card operating electronic lock sets. The phasing of the roller door needs to minimise the opportunity for unauthorised pedestrian access after a vehicle enters/exits the car park. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

          Reason: To provide safety and security

 

137.   Graffiti. All surfaces on the street level that are not glass should use graffiti resistant paints and/or other surfaces that discourage graffiti. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

          Reason: To prevent property damage and vandalism

 

138.   Security. To enhance the physical security of doors, all glass doors are to be laminated and the main entry/exit doors to individual units on the ground floor, including balcony doors and fire exit doors to the development are to be fitted with a single cylinder lockset (Australian and New Zealand Standard - Lock Sets), which comply with the Building Code of Australia. Windows to individual units on the ground floor should also be fitted with key operated locksets (Australia and New Zealand Standard - Lock Sets) to restrict unauthorized access to the unit.

 

Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

          Reason: To provide safety and security

 

139.   Intercom System. Intercom facilities should be incorporated into these entry/exit points to enable residents to communicate and identify with people prior to admitting them to the development. An auxiliary lock set should also be incorporated into the design of each of the entry/exit points to enable emergency services to access the development particularly in emergency situations.

 

Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

          Reason: To provide safety and security

 

140.   Balcony doors to units. Balcony doors to units are to be fitted with single cylinder locksets (Australian and New Zealand Standard – Lock Sets) to restrict unauthorised access to units. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

          Reason: To provide safety and security

 

141.   Unit windows. The windows to individual units are to be fitted with key operated locksets (Australian and New Zealand Standard – Lock Sets) to restrict unauthorised access to units. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

          Reason: To provide safety and security

 

142.   Lift access and security. Electronic access controls are to be installed on the lift. The equipment should include card readers to restrict access to the level a resident residents on, to the car parking levels and to the Ground Floor. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

          Reason: To provide safety and security

 

143.   Provision of Waste Services.  Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services and finalise the payment for the supply and delivery of all waste and recycling bins.

 

Reason: To ensure adequate waste services are provide to the development

 

144.   Waste Collection Access Indemnity. Prior to the issue of an Occupation Certificate, the applicant must enter into a suitable Deed indemnifying Council and its contractors against claims for loss or damage to common property, liabilities, losses, damages, and any other demands arising from any on-site collection services.

           

Reason:  To protect Council

 

Sydney Trains Concurrence Conditions

 

145.   As-built drawings.  Prior to the issue of an Occupation Certificate the Applicant is to submit as-built drawings to Sydney Trains and Council. The as-built drawings are to be endorsed by a Registered Surveyor confirming that there has been no encroachment into Sydney Trains property or easements, unless agreed to be these authorities. The Principal Certifying Authority is not to issue the final Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied

 

OPERATIONAL

 

The conditions in this Part of the consent relate to the on-going operation of the development and shall be complied with at all times.

 

146.   Parking Allocation Both the owner and occupier of the development must provide and maintain the minimum parking allocation as follows;

·        28 residential spaces including 6 accessible spaces;

·        6 visitor spaces including 1 accessible space;

·        3 motorbike spaces; and

·        10 bicycle spaces.

 

Reason:  To ensure parking spaces are provided in accordance with the determination

 

147.   Operation of Plant or Equipment.  To minimise the impact of noise from the development, all sound producing plant, equipment, machinery, mechanical ventilation systems and or refrigeration systems, shall be designed and or located so that the noise emitted does not exceed 5db(A) above the ambient background level when measured from the boundary of any affected premises between the hours of 8am to 10pm.  Between the hours of 10pm and 8am, noise shall not exceed the ambient background level when measured at the boundary of an affected premises.

 

All sound producing equipment shall comply with the Protection of the Environmental Operations Act 1997.

 

Reason: To protect the amenity of surrounding properties

 

148.   Noise Control  – Car Park Security Grills.  To minimise the impact on the amenity of surrounding residents, all sound producing plant, equipment, machinery or fittings within or forming part of the proposed security door fitted to the car parking area entrance shall be acoustically attenuated so that the noise emitted does not exceed 5db(A).  Not withstanding the above any noise that is emitted shall not be audible within any premises and comply with the Protection of the Environmental Operations Act 1997.

 

Reason: To protect the amenity of surrounding properties

 

149.   Noise Control – Offensive Noise.  To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environmental Operations Act 1997.

 

          Reason: To protect the amenity of surrounding properties

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Attachment 1 - Neighbour Notification Plan

2 Pages

 

AT‑2View

Attachment 2 - Site Location Plans

1 Page

 

AT‑3View

Attachment 3 - SEPP 65 - 9 Design Principles Assessment

4 Pages

 

AT‑4View

Attachment 4 - ADG Compliance Table

11 Pages

 

AT‑5View

Attachment 5 - Clause 4.6 Building Height

8 Pages

 

AT‑6View

Attachment 6 - Clause 4.6 Floor Space Ratio

7 Pages