Logo Watermark

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

Lane Cove Local Planning Panel Meeting

7 August 2018, 5:00pm

 

LC_WebBanner


Lane Cove Local Planning Panel 7 August 2018

Minutes

 

 

 

PRESENT:                  Hon David Lloyd, Chairman, Mr Graham Brown, Planning Expert, Mr Steve Fermio, Environmental Expert and Ms Jane Blackmore, Community Representative

 

ALSO PRESENT:       Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Mr Henry Burnett, Senior Town Planner, Ms Natalie Piggott-Herridge, Senior Town Planner, Mr Andrew Thomas, Town Planner and Angela Panich, Panel Secretariat

 

DECLARATIONS OF INTEREST:   Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Lane Cove Local Planning Panel Reports

 

2 Lincoln Street, Lane Cove West

 

Determination

 

That pursuant to Section 4.17 of the Environmental Planning and Assessment Act 1979, the Lane Cove Planning Panel at it’s meeting of 7 August 2018, 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.

 

Panel Reason

 

The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report.

 

 

The decision of the Panel was unanimous

 

 

13 -15 Bridge Street, Lane Cove

 

DETERMINATION

 

PART A

 

That the Lane Cove Local Planning Panel at it’s meeting of 7 August 2018, supports and approves the variation to the floor space ratio standard provided in Clause 4.4 – Floor space ratio in Lane Cove LEP 2009, as it is satisfied that the applicant’s written request has adequately addressed the matters required to be determined by Clause 4.6 – Exceptions to development standards.  The proposed development would be in the public interest because it is consistent with the objectives of the particular standard and the objective of the zone and there are sufficient environmental planning grounds to satisfy the variation.

 

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.

 

Panel Reason

 

The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report.

 

 

The decision of the Panel was unanimous

 

 

2 Canberra Avenue St Leonards

 

DETERMINATION

 

The Lane Cove Planning Panel approves the variation to the building height control in Clause 4.3(2) – Height of Buildings in Lane Cove LEP 2009 and approves the variation to the FSR control in Clause 4.4(2) – Floor Space Ratio in LEP 2009, as it is satisfied that the applicant’s written request adequately addressed the matters required to be demonstrated by Clause 4.6 of that plan and the proposed development would be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development in the zone and there are sufficient environmental planning grounds to justify the variations.

 

The Lane Cove Local Planning Panel at it’s meeting of 7 August 2018, 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 amended 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:  To ensure all works in the public domain are complete

 

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 modeling 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).  Notwithstanding 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

 

Panel Reasons

 

The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report, in particular:

 

(1)        The Panel has considered this application on it’s individual merits rather than any potential developments which may or may not occur on the opposite side of Canberra Avenue.

 

(2)        The Panel notes that this is an isolated site of an unusual shape which in turn constrains any potential development.

 

(3)        The individual merits of the application satisfy the 4 metre setback in this instance, which will have a marginal effect on the streetscape.  Moreover there is landscaping proposed within the individual court yards at the front of the building.

 

(4)       The Panel notes that the roof top communal open space is provided with a wide landscaping strip to the southern edge with effective screening to the adjoining property to the south and this space is, in any event, set back from the storey’s below.

 

(5)       Overall the Panel is of the unanimous view that this building, having undergone various design changes, is a well designed building which responds appropriately to the site.

 

 

The decision of the Panel was unanimous.

 

 

 

The meeting closed at 6.10pm

 

 

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