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Agenda

Lane Cove Local Planning Panel Meeting

2 October 2018, 5:00pm

 

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Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Lane Cove Local Planning Panel Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove on Tuesday 2 October 2018 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Lane Cove Local Planning Panel Meeting Procedures

 

The Lane Cove Local Planning Panel (LCLPP) meeting is chaired by The Hon David Lloyd QC. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Lane Cove Local Planning Panel Charter and any guidelines issued by the General Manager.

The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

Members of the public may address the Panel for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons wishing to address the Panel must register prior to the meeting by contacting Council’s Office Manager – Environmental Services on 9911 3611. Speakers must address the Chair and speakers and Panel Members will not enter into general debate or ask questions during this forum. Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.

Following the conclusion of the public forum the Panel will convene in closed session to conduct deliberations and make decisions. The Panel will announce each decision separately after deliberations on that item have concluded. Furthermore the Panel may close part of a meeting to the public in order to protect commercial information of a confidential nature.

Minutes of LCLPP meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Friday following the meeting. If you have any enquiries or wish to obtain information in relation to LCLPP, please contact Council’s Office Manager – Environmental Services on 9911 3611.

Please note meetings held in the Council Chambers are Webcast. Webcasting allows the community to view proceedings from a computer without the need to attend the meeting. The webcast will include vision and audio of members of the public that speak during the Public Forum. Please ensure while speaking to the Panel that you are respectful to other people and use appropriate language. Lane Cove Council accepts no liability for any defamatory or offensive remarks made during the course of these meetings.

The audio from these meetings is also recorded for the purposes of verifying the accuracy of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 

 


Lane Cove Local Planning Panel 2 October 2018

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

 

public forum

 

Members of the public may address the Panel to make a submission.

 

 

CONFIRMATION OF MINUTES

 

1.      LANE COVE LOCAL PLANNING PANEL MEETING - 4 SEPTEMBER 2018

 

 

 

Lane Cove Local Planning Panel Reports

 

2.       586 - 592 Mowbray Road Lane Cove

 

Orders Of The Day  

 

 

 

 

  


 

Lane Cove Local Planning Panel Meeting 2 October 2018

586 - 592 Mowbray Road Lane Cove

 

 

Subject:          586 - 592 Mowbray Road Lane Cove    

Record No:    DA18/34-01 - 54437/18

Division:         Environmental Services Division

Author(s):      Natalie Piggott 

 

 

 

Property:

586 – 592 Mowbray Road Lane Cove

DA No:

DA34/18

Date Lodged:

 1 March 2018

Cost of Work:

$16,632,000.00

Owner:

Hyecorp Property Group

Applicant:        

Hyecorp Property Group

 

Description of the proposal to appear on determination

Demolition of existing structures over three sites, construction of a 5 storey residential flat building and basement car parking.

Zone

R4 High Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 2 and 7a

Stop the Clock used

No

Notification

Nose 562, 594, 596 & 598 Mowbray Road Lane Cove;

No.s 2 – 6, 5 & 7 Mindarie Street Lane Cove;

1 Girraween Avenue Lane Cove;

No.s 30, 32, 34, 36, 38, 40 & 42 Kullah Parade Lane Cove;

Stringy Bark Creek Association; and

Willoughby Council               

Clause 4.6 Variation required?

Yes – Clause 4.6 variation to Clause 4.3 Height of Buildings of Lane Cove LEP 2009

 

REASON FOR REFERRAL

 

Development Application DA18/34 is referred to Lane Cove Planning Panel for consideration and determination as the proposal is sensitive development being a residential flat building to which SEPP 65 applies.

 

EXECUTIVE SUMMARY

 

Development application DA18/34 proposes the demolition of the existing structures onsite and the construction of a 5 storey residential flat building comprising of 51 apartments made up of 1 x 1 studio, 20 x 1 bedroom, 25 x 2 bedroom and 5 x 3 bedroom apartments and basement car parking levels accommodating 85 car parking spaces.

 

In accordance with Council’s notification policy the application was notified to surrounding properties and two (2) submissions were received identifying the following issues:-

 

·    Hours of work; and

·    All tree plantings to be native.

 

After significant amenity issues regarding solar access, natural ventilation, visual amenity and lack of usable communal open space were identified, the development application was amended by elevating the overall development by 1 metre and providing communal open space on the roof top.

 

By elevating the entire development this allowed apartments 1.01 to 1.05 on the ground floor of the eastern side of the development to be raised to alleviate the solar access, natural ventilation and visual amenity issues.

 

The additional provision of high quality communal open space on the roof has provided opportunities for social integration and group or individual recreation for future residents to enjoy.

 

The amended application was re-notified with no submissions received.

 

The site is zoned R4 High Density Residential in which residential flat buildings is permissible.  The proposal seeks to vary the maximum building height standard of 14.5 metres under Lane Cove LEP 2009 to a maximum height of 18.3 metres for the lift overrun and 15.5 metres for the top floor residential level.  The applicant has lodged a Clause 4.6 variation with the application which is considered to be well founded.

 

The application is recommended for approval.

 

Site

 

Property

Lots 1, 2, 3 & 4 in DP No. 35865

Area

2250m²

Site location

Southern side of Mowbray Road Lane Cove

Existing improvements

Currently 4 x residential dwellings are on the subject site comprising of:

586 Mowbray Road – 2 bedroom dwelling

588 Mowbray Road – 4 bedroom dwelling

590 Mowbray Road – 4 bedroom dwelling

592 Mowbray Road – 4 bedroom dwelling

Shape

Rectangular                                           

Dimensions

Mowbray Road frontage: 62.48m, Secondary frontage: 36.28m, Rear southern boundary: 62.82m and Side eastern boundary: 34.44m                         

Adjoining properties

Southern adjoining property: Residential Flat Building development currently under construction at 2-6 Mindarie Street and neighbouring property at 562 – 584 Mowbray Road is a Residential Flat Building.

 

Neighbour Notification Plan and Site Location Plans attached (AT-1 and AT-2).

 

Figure 1: Aerial of subject site

 

Previous approvals/History

 

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

 

Proposal

 

The development application proposes to demolish existing structures and construct a 5 storey residential flat building comprising of the following:-

 

·    Basement 2:  38 car parking spaces including 6 accessible spaces, 28 storage units/cages, 2 motorcycle parking spaces, 2 x lifts and 2 x fire stairs;

·    Basement 1:  38 car parking spaces (34 residential including 5 accessible parking spaces and 5 visitor parking spaces including 1 accessible parking space), 3 x motorcycle parking spaces, 22 storage units/cages, 2  lifts and 2 x fire stairs;

·    Level 1: 9 car parking spaces (8 visitor and 1 carwash/garbage pickup and service bay), 19 bicycle parking racks, 2 x waste rooms with compactor and carousels, bulky waste storage room, toilet, plant rooms, 2 x lifts,  2 x fire stairs, secure access doors to apartments, 1 x 3 bedroom apartments, 2 x 1 bedroom apartments and 2 x 2 bedroom apartments;

·    Level 2:  Front entrance and access path, 1 x studio apartment, 5 x 1 bedroom apartments, 5 x 2 bedroom apartments, 1 x 3 bedroom apartment, 2 x lifts, 2 x bin storage refuse room with garbage chute, services cupboards and 2 x internal stairs;

·    Level 3: 4 x 1 bedroom apartments, 8 x 2 bedroom apartments, 2 x lifts, 2 x bin storage refuse room with garbage chute, services cupboards and 2 x internal stairs;

·    Level 4:  5 x 1 bedroom apartments, 6 x 2 bedroom apartments, 1 x 3 bedroom apartment, 2 x lifts, 2 x bin storage refuse room with garbage chute, services cupboards and 2 x internal stairs;

·    Level 5:  4 x 1 bedroom apartments, 3 x 2 bedroom apartments, 3 x 3 bedroom apartments, 2 x lifts, 2 x bin storage refuse room with garbage chute, services cupboards and 2 x internal stairs; and

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

 

 

Image 1: 3D Montage

 

 

Statutory Provisions

 

Environmental Planning and Assessment Act 1979

 

Section 4.15 Matters for Consideration

 

(a)  The provisions of

 

(i)         Any environmental planning instrument:

 

State and Sydney Regional Environmental Planning Policies

 

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

 

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

 

State Environmental Planning Policy No. 55 - Remediation of Land

 

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. A Preliminary Site Investigation prepared by Network Geotechnics Ref: G09.2744-A dated April 2018 was reviewed by Council’s Environmental Health Officer.  The report has recommended that a Hazardous Building Materials Assessment and an Asbestos Management Plan prepared by a suitably qualified person is required to be submitted prior to any demolition being carried out.

 

An Asbestos Clearance Report, obtained from an occupational hygienist, must be provided to Council following the removal of all asbestos containing material from the site prior to the commencement of any bulk excavation works.

 

Accordingly this requirement will be included as a draft condition of consent.

 

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

 

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

 

·    The 9 SEPP 65 Design Quality Principles; and

·    The NSW Apartment Design Guide (ADG) guidelines.

 

Design Quality Principles

 

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

 

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

 

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

 

The proposed development is well articulated and aesthetically modulated.  The amended proposal is considered to meet the objectives of the design quality principles.  A copy of the assessment against the 9 design principles is attached (AT-3).

Apartment Design Guidelines (ADG)

 

The proposed development has been assessed against the design criteria of the ADG.  A copy of the compliance table is attached (AT-4).  The proposed development generally meets the design criteria of the ADG in terms of setbacks, solar access, natural ventilation, deep soil provisions and communal open space.

 

The proposed development, as amended, was found to satisfy the design criteria set out in the ADG and is supported.

 

Lane Cove LEP 2009

 

Zoning: R4 – High Density Residential Site Area: 2,250m²

 

Under Lane Cove LEP 2009, the property is zoned R4 – High Density Residential, and the proposed development is permissible with Council’s consent.

 

 

The following is a summary of the clauses under Lane Cove LEP 2009 applicable to the development.

 

Lane Cove LEP 2009

Proposal

Compliance

4.3 Height

14.5m

15.5m at Level 5

18.3m Lift overrun

16.6m access stairs

No however the Clause 4.6 submitted is supported – refer below.

4.4 FSR

1.6:1 Site Area 2,250m²

FSR = 3,600m²

 

1.58:1or 3,567m²

 

Yes

 

Other Provisions

 

LEP

Proposed

5.10 Heritage Conservation

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

 

Clause 2.3 – Zone Objectives

 

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

 

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

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

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

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

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

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

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

 

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

 

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

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

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

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

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

·    The development has considered relevant site constraints and placed a positive residential amenity outcome in the amended proposal.  The applicant is to be congratulated for their willingness to work with site constraints to achieve higher amenity.

 

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

 

Clause 4.3 2(A) Height of Buildings

 

In accordance with Clause 4.3 (2) of the Lane Cove Local Environmental Plan 2009 (LCLEP 2009), the site is required to have a maximum building height of 14.5m.

 

The proposed building proposes a building height of 15.5m to the apartments on the western corner of Level 5, 16.6m for the access stairs and 18.3m for the lift overrun to the communal open space, as demonstrated by Figure 2 below.

 

Figure 2: Lift overrun and stairs highlighted in orange and corner of Level 5 highlighted in yellow

 

The non-compliance of 1m to Level 5 represents a 6% variation to the development standard.  The non-compliance of 3.8m for the lift overrun represents a 26% variation to the development standard. The non-compliance of 2.1m for the access stairs represents a 14.4% variation to the development standard.

 

The breach in height to the corner of level 5 is primarily due to the development being amended to address amenity issues identified for the apartments on the lower ground floor. These apartments were considered to be subterranean and had poor amenity in terms of solar access.  The development was therefore raised by 1m which resulted in the height on the western corner breaching the 14.5m height limit by 1m at its worst point.

 

The access stairs and lift overrun breach the height limit is due to the requirement to provide 25% of the site area as usable communal open space under the ADG.  The perimeter landscaping around the ground floor  would not provide the type of communal open space that has adequate facilities to provide good amenity to the residents, such as toilet facilities, BBQs, shaded areas, water and power facilities.   The rooftop communal open space was therefore proposed to provide facilities that provide high amenity to the residents of the development.

 

Accordingly the applicant has submitted a request to vary the LEP maximum building height requirement for the lift overrun breach. Consideration of this request is provided under clause 4.6 (Exceptions to Development Standards) below.

 

Clause 4.6 Exceptions to development standards

 

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

 

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

 

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

 

These matters are discussed below:-

 

1.       Written request provided by the applicant.

 

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

 

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

 

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

 

·      The breach to the height control is set well back from the parapet and has minimal impact upon the streetscape and presentation of the building. A compliant building would result in an inferior poor planning outcome in terms of providing disabled access to the roof terrace which is located to maximise the solar access, amenity and use of the communal open space. This is considered to achieve flexibility consistent with the objectives of this clause.

 

·      The proposal provides for a better outcome in making available communal open space on the upper levels of the building, which benefit from high amenity and high levels of solar access and outlook. This is considered to be a better outcome consistent with the objectives of this clause.

 

·    In the circumstances where there are sound environmental and site specific reasons for the breach to the height control and where the proposal would be consistent with the bulk and scale of desired future development in this locality it is considered unreasonable and unnecessary to apply the control and consequently the exception to the height control standard under Clause 4.6 is considered acceptable.

 

·    The failure to set aside the standard would in effect give rise to additional intervention for a small localised gain. The contravention of the control by the proposal does not give rise to any environmental effect of sufficient significance, which would cause concern and it is considered that the environmental benefits of the proposal providing communal open space, and equitable access to that space, with enhanced solar access, outlook and amenity is on balance an  appropriate environmental outcome to justify the contravention of the development standard.

 

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

 

Compliance with the development standard is considered to be unreasonable or unnecessary in the circumstances of the subject proposal. The lift overrun for the proposal, which exceeds the maximum building height permitted by 3.8 metres, is to service the roof top terrace which provides communal open space to the development.  To require this component of the development to be compliant, which has regard to the topography of the site and enables the relocation of subterranean apartments, would result in a poor planning outcome.  The rooftop terrace itself is located below the 14.5 metre building height and does not provide any additional habitable area.

 

The 1m variation at its worst point to the corner of Level 5 is minor in nature and does not significantly increase the building’s bulk and scale and the development itself would be in proportion to and in keeping with the character of existing and future similar development.  The overall visual bulk of the building complies with the height control and the encroachment to the 14.5m height control does not result in additional detrimental impacts to surrounding properties due to overshadowing.

 

The height of the proposed building is consistent with LEP 2009 with the exception of the lift overrun and level 5 minor breach identified. It is considered that the applicant has demonstrated that compliance with the development standard would be unreasonable and unnecessary in the circumstances of the case.

 

3.       Environmental grounds to justifying contravening the development standard.

 

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

 

The applicant has argued that:

 

·        The contravention of the control by the proposal does not give rise to any environmental effect of sufficient significance, which would cause concern and it is considered that the environmental benefits of the proposal providing communal open space, and equitable access to that space, with enhanced solar access, outlook and amenity is on balance an appropriate environmental outcome to justify the contravention of the development standard.

 

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

 

The maximum 1m height breach to the western corner of the development is a result of the proposed development responding to the topography of the site so the apartments at the lowest level are within 1m of the natural ground level.  This provides better solar access and amenity to these apartments. 

 

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

 

Zone Objectives

 

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

 

Clause 4.3 Height of Building Objectives

 

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

 

Clause 4.3 (1) provides the following objectives:-

 

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

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

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

(d)  to relate development to topography

 

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

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

 

Comment: The applicant has provided shadow diagrams from 9.00am through to 3.00pm in midwinter. The diagrams demonstrate the level of overshadowing the proposed development would have to the existing surrounding residential properties.

 

Due to the north orientation of the site, overshadowing would occur to the rear property known as 2 – 6 Mindarie Street.  Whilst overshadowing would occur to this building, this is unavoidable due to the north-south orientation of the subject site. 

 

The neighbouring site to the east overshadows itself between 9am and 11am with solar access occurring between 11am and 2pm.  The proposed development would start to overshadow this development from 2pm onwards that occurs from the proposed development.

 

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

 

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

 

Comment: The variation to the lift overrun, access stairs and western corner of the building does not result in any privacy and visual impacts to surrounding developments.

 

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

 

Comment:  The proposed development would provide adequate solar access to the public domain due to the orientation of the site to the north. 

 

(d)  to relate development to topography

 

Comment:  The proposed development has been amended to lift the building by 1m to address the topography of the site and provide better amenity to the lower level apartments.  The building has been designed to accommodate the slope of the site.  The lift overrun and access stairs are the only portion of the development that significantly exceeds the building height with the western corner of the building breach being minor in nature.  Whilst there are breaches to the height limit, the overall proposed development is considered to relate to the topography of the site.

 

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

 

5.       Concurrence of the Director General.

 

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

 

Conclusion

 

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

 

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

 

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

 

(iii)       Any development control plan

 

Lane Cove DCP 2010;

 

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

 

 

 

PART B – GENERAL

 

PART B – GENERAL

DCP Control

Proposed

Complies

B3 Site Amalgamation & Isolated site: Not applicable

B.6 Environmental Management

6.3 Energy and Water Efficiency for Buildings

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

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

Yes

B.7 Developments near Busy Roads and Rail Corridors

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

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

Yes

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

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

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

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

Yes

B.8 Safety and Security

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

Casual surveillance has been provided from the ground floor apartments. 

Yes

8.1 Activation

8.1.1 General

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

Adequate street access has been provided.

Yes

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

The development is orientated towards Mowbray Road.

 

Yes

8.1.2 Residential development

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

The proposed development has direct access from the street to the lift lobbies with habitable room windows facing Mowbray Road.

Yes

8.2 Passive Surveillance

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

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

Yes

 

 

PART C – RESIDENTIAL DEVELOPMENT

 

PART C RESIDENTIAL DEVELOPMENT

DCP Control

Proposed

Complies

C.3 Residential Flat Buildings

3.2 Density

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

The subject site is an isolated site with a total area of 2,250m². 

 

Yes

3.3 Building Depth

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

The proposal has a building depth of 22m with inset balconies to the northern elevation.  This is considered acceptable in this instance as the development complies with the front and rear setbacks and has provided adequate articulation to reduce the overall bulk and scale appearance. 

No – supported given the level of articulation and breaking of the building into 3 distinct elements.

b) This depth is exclusive of balconies

Depth is exclusive of balconies.

Yes

3.4 Building Width

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

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

22m each wing with entry path and lobby providing 8m wide 5m deep articulation.  Overall width

 

 

 

Yes

 

3.5 Setbacks

3.5.1 Front/Street

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

7.5m

 

 

Yes

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

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

Yes

3.5.2 Side and Rear

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

6m up to 4 storeys

9m for 5-8 storeys

12m for 9 storeys and above.

Side setback:

Eastern boundary:

6m

9m

Rear Setback:

6m

 

 

 

Yes

 

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

Not applicable.

N/A

3.5.3 General

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

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

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

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

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

Articulation provided and balconies encroach less than 500mm.

 

 

N/A

 

 

 

 

 

N/A

 

 

 

 

 

 

 

 

Yes

 

 

 

N/A

3.6 Building Separation (within developments)

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

Refer to Part 3F of ADG Compliance table.

SEPP 65 – DCP provisions are of no effect

3.7 Fences

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

1.4  Fences

1.4.1 Front Fences

 

 

Solid fences

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

 

Metal palisade fencing to ground floor apartments proposed only.

 

 

Yes

1.4.2 Side and rear fences

a) Side fences behind the building line are to be a maximum of 1.8m in height above ground level.

1.8m timber fences proposed to side and rear.

Yes

b) For corner allotments, the side return fences for the secondary street frontage is to match the height of the front fence back to the front building line.

Fence to match front fence height.

Yes

c) Powder coated metal (“Colorbond”) fences are not permitted on corner blocks

Timber fences proposed only.

Yes

1.4.2 Side and rear fences

3.8 Excavation

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

Major development - refer below.

 

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

Excavation for basement parking has been contained as practicably as possible.

Yes

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

Not applicable – proposal is not within Centres area.

N/A

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

Topography has been considered within the design.

Yes

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

Adequate deep soil provisions under ADG have been provided.

Yes

3.9 Design of Roof Top Areas

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

Ground floor and level 5 roof top COS has been proposed with landscape details submitted with application.

Yes

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

Balconies have been designed to maximise visual and acoustic privacy.

Yes

3.10 Size and mix of dwellings

 

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

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

N/A

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

·   1 x studio (2%)

·   20 x 1 bedroom (39%);

·   25 x 2 bedroom (49%)

·   5 x 3 bedroom (10%)

Apartment mix is acceptable.

Yes

3.11 Private Open Space (balconies and terraces)

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

3.13 Storage

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

3.15 Natural Ventilation

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

3.16 Visual privacy

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

3.17 Communal Open Space

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

576.28m² or >25%

Yes

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

Proposal is residential only.

N/A

3.18 Landscaped Area

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

40.17% landscaped area provided with 31.55% deep soil planting.

Yes

3.19 Planting on structures

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

 

Part F - Access and Mobility

 

PART F - ACCESS AND MOBILITY

DCP Controls

Proposal

Complies

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

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

20% provided – 10 apartments to be adaptable.

Yes

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

The development is capable of complying.

Yes

3.8 Access to, and within, buildings

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

o Residential Flat Building 2;

o Car park Class 7a

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

 

 

Yes

 

 

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

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

An Assess Report by Accessible Building Solutions dated 22 August 2018 was submitted with application.  The report and its recommendations shall be included in the draft conditions of consent.

Yes

 

Part R – Traffic, Transport and Parking

 

PART R TRAFFIC, TRANSPORT AND PARKING

Development Control

Proposed

Complies

2.2 Car Parking Rates

 

 

Residential Flat Building

 

 

Table 1 – Car parking rates

 

Residents:

0.5 spaces per studio

1 space per 1-bedroom unit

1.5 spaces per 2-bedroom unit

2 spaces per 3+ bedroom unit

 

Dwelling mix:

 1 x studio = 1 x 0.5 = 0.5

20 x 1 bed = 20 x 1 = 20

25 x 2 bed = 25 x 1.5 = 37.5

5 x 3-bed = 5 x 2 = 10

Total required: 68

 

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Total:  71 residential spaces

 

1 car wash/garbage collection/truck space provided.

 

 

Car wash provided.

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

Yes

 

 

 

Yes

 

1 disabled space for each adaptable housing unit

 

10 adaptable units are proposed within the building

11 accessible spaces provided in the basement.

 

Apartments provided minimum one adaptable residential space each

Yes

Visitor Parking:

1 space per 4 units

1 disabled space per 50 visitor spaces (min. 1 disabled space)

Required:

51 units/4 = 12.75 spaces

 

Provided:

14 visitor spaces including car wash bay and 3 accessible spaces

 

 

 

 

Yes

2.7 – Motorcycle parking

1 motorcycle space per 15 car spaces: 85/15 = 5.6

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

5 motorcycle space provided in basement.

Dimensions 2.5m x 1.2m

Yes

 

 

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

 


 

Section 7.11 - Development Contributions Plan

 

The proposed development would increase the population living on the site.  There would be 51 dwellings in the proposed residential flat building development.  The dwelling mix comprises of:

·        1 x Studio

·        20 x 1 bedroom

·        25 x 2 bedroom

·        5 x 3 bedroom

 

The S7.11 plan has specified the average number of people per dwelling, based on the number of bedrooms.  The occupancy rates are provided in the following table.

 

The S7.11 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 Bedrooms

1.2 persons

$10,332.00 x 1.2 =

$12,398.40.00 per dwelling

21 x $12,398.40

$260,366.40

2 Bedrooms

1.9 persons

$10,332.00 x 1.9 =

$19,630.80 per dwelling

25 x $19,630.80

$490,770.00

3 Bedrooms

2.4 persons

10,332.00 x 2.4 = $24,796.80

*Capped Rate $20,000.00 per dwelling

5 x $20,000.00

$100,000.00

 

 

 

TOTAL

$851,136.40

*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 4 existing dwellings.  For sites with an existing dwelling house (or houses) a credit is applicable.  The site has 1 x 2 bedroom and 3 x 4 bedroom houses.  The 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

2 Bedrooms

2 persons

$10,332.00 x 2 =

$20,664.00 per dwelling

*Capped Rate $20,000.00 per dwelling

1 x $20,000.00

$20,000.00

4 Bedroom

3.6 persons

10,332.00 x 3.6 =

$37,195.20 per dwelling

*Capped Rate $20,000.00 per dwelling

3 x $20,000.00

$60,000.00

 

 

 

TOTAL

$80,000.00

*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 7.11 Contribution credit for the existing dwellings is therefore $80,000.00.

 

The required S7.11 contribution is calculated at: $851,136.40 – $80,000,000 = $771,136.40.

Referrals

 

Development Engineer

 

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

 

Traffic Engineer

 

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

 

Tree Assessment Officer

 

A significant tree being Tree 1 – Eucalyptus saligna (Blue Gum) located on the southern boundary was identified by Council’s Tree Assessment Officer.  Whilst this tree was identified as a significant tree, works carried out on the neighbouring property at 2 – 6 Mindarie Street Lane Cove have resulted in the tree being subjected to major encroachments within its structural root zone.  The tree would also require major pruning once the formwork and building for the development at 2 – 6 Mindarie Street starts to be constructed.

 

Accordingly the applicant was required to provide an additional assessment of the tree by the applicant’s Arborist to demonstrate that the retention of the tree was unfeasible given the level of encroachment into the structural root zone and the amount of pruning required.  

 

Council’s Tree Assessment Officer has reviewed the additional information and is satisfied that the tree is unable to be retained and has approved its removal subject to canopy replenishment plantings of 4 x Eucalyptus saligna (Blue Gum).

 

The application is therefore considered to be in accordance with Part J - Landscaping of DCP 2010 and no objections are raised subject to recommended draft conditions.

 

Landscape Assessment Officer

 

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

 

Building Surveyor

 

No objections subject to recommended draft conditions.

 

Environmental Health Officer

 

No objections subject to recommended draft conditions.

 

Waste Management Coordinator

 

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


 

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

 

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

 

(c)  The suitability of the site for the development

 

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

 

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

 

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

 

The following issues were raised:

 

1.       Working Hours.  The submissions have requested that the standard hours of work for the development be consistent with previous developments within the area.

 

Comment:  The major development within the Mowbray Road precinct has a separate hours of work condition to other smaller developments.  The condition reads as follows:

 

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

 

        Monday to Friday (inclusive)   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

 

The above condition would be placed on the draft consent, as it reflects previous consents within the area, to ensure consistent hours of work are maintained. 

 

2.       Native trees.  Both submissions have requested that the trees proposed for the development be native trees.

 

Comment: The proposed landscape plan has included native plantings for the site in accordance with Part J – Landscaping Appendix 1 of DCP 2010.  Council’s Landscape Officer is satisfied with the plantings proposed subject to draft conditions of consent.

 

 

(e)  The public interest

 

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

 

The application is supported for the following reasons:

 

·        The proposed development meets the objectives of the zone;

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

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

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

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

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

 

 

CONCLUSION

 

The matters in relation to Section 4.15 of the Environmental Planning and Assessment Act 1979 have been satisfied.

 

The proposed development has been designed to meet the design principles and criteria under SEPP 65 in terms of privacy, amenity, solar access, natural ventilation, landscaping and communal open space.

 

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

 

The application also meets with the Part C Residential Development Objectives in the Lane Cove Development Control Plan for residential flat buildings. 

 

This site is characterized by significant grade change of approximately 2.91 metres (RL53.91 to RL51.00) which posed design challenges with the initial design that would result in subterranean apartments.  The choice for the applicant to relocate apartments to increase amenity and offer additional communal open space as a roof top terrace, that is contained while offering passive communal open space that is well services and of a high quality, is welcomed by staff and would result in a better planning outcome.

 

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

 

The proposed development is a considered and quality response to the objectives of the Lane Cove LEP 2009 and LCDCP 2010 and is therefore recommended for approval.


 

 

 

RECOMMENDATION

 

That the Lane Cove Local Planning Panel, as the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA18/34 for demolition and construction of a residential flat building on land at 586 – 592 Mowbray Road Lane Cove 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

DA2.01, DA2.02, DA2.08 & DA2.09

DA2.03 to DA2.07

DA3.01 to 3.04

DA4.01 to 4.04

Hyecorp Property Group

04.07.2018 Rev B

21.08.2018 Rev C

04.07.2018 Rev B

04.07.2018 Rev B

DA-AU, A-AU1 & DA-AU2

21.08.2018 Rev B

DA-WMP

15.06.2017

DA Landscape Plan Sheets 1 to 8 of 8

Iscape Landscape Architecture

23.08.2018 Rev B

C001, C050, C051, C075, C100 & C110 C200 & C210

C220, C230, C240, C300, ESM1 & EDM2

Jones Nicholson Consulting Engineers

20.07.2018 Rev C

25.07.2018 Rev 4

20.07.2018 Rev C

 

 

 

 

 

 

 

Documents

Date

Basix Certificate No. 828622M_02,

28 June 2018

Bushfire Hazard Assessment Report AND Certificate by Building Code and Bushfire Hazard Solutions Pty Ltd

22 November 2017

Waste Management Plan by Elephants Foot Recycling Solutions

30 November 2017

Statement of Compliance Access for People with a Disability

22 August 2018 Rev C

Page 15 of Traffic and Parking Assessment by Jones Nicholsons Ref: 17010489-Rev 4

11 September 2018

Road Traffic Noise Assessment by Noise and Sound Services

May 2018

Stage 1 Preliminary Site Investigation  by Network Geotechnics Ref: G09.2744-A

30 April 2018

Construction Noise Management Plan prepared by Noise and Sound Services Ref:  Nss22661 - Final

July 2017

 

 

 

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

 

(a)     The approved Landscape Plan shall be amended to include the following details:

 

·    Removal of the 4 x street streets along Mindarie Avenue and 4 x street Mowbray Road and shall be replaced, at a ratio of 1:1, with Tristaniopsis laurina (Luschious) at a minimum size index of 100L;

·    The proposed Nandina domestica shall be replaced with an endemic plant from Part J – Landscaping Appendix 1 – Plant List;

·      The Plant Schedule shall incorporate endemic plants in accordance with Part J – Landscaping Appendix 1 – Plant List;

·    Synthetic turfing shall be replaced with a planting scheme;

·    All buffalo turf shall be noted on the Plant Schedule

 

(b)          The proposed tree planting of the 5 x Syncarpia glomulifera within the north-eastern front boundary conflicts with the Stormwater and OSD tanks.  The OSD tank shall be relocated to the north-western front setback 3m from the proposed location of the tree plantings. 

 

(c)          The 4 x Eucalyptus saligna (Blue Gums) are to be planted at a minimum of 4m in height and 200L size index.

 

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. A Completion Certificate is to be issued by the Principal Certifier or accredited Fire Safety Engineer, confirming that all identified Performance Solutions have been completed or implemented for the building prior to the issue of the  Occupation Certificate

 

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 to the following hours:-

 

        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.       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

 

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 Principal Certifier prior to the issue of a Construction Certificate.

 

          Reason: Statutory requirement

 

6.       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

 

7.       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

 

8.       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

 

9.       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

 

10.     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).  Any soils proposed to be removed from the site should be classified in accordance with the “Waste Classifying Guidelines, Part 1: Classifying Waste” NSW DECC 2014

 

          Reason: Statutory requirement

 

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

 

Copies of all test results and disposal dockets must be kept for a minimum of three (3) years and be made available to authorized Council Officers on request.

 

          Reason: Statutory requirement

 

12.     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

 

13.     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

 

14.     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

 

15.     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

 

 

16.     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

 

17.     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

 

18.     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

 

19.     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

 

20.     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

 

21.     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.

 

22.     Council infrastructure damage bond: The applicant shall lodge with Council a $60,000.00 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

 

23.     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

 

24.     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 contractors 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

 

25.     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

 

26.     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

 

27.     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

 

28.     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

 

29.     Support for neighbouring buildings. If the development involves excavation that extends below the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

 

(a)  Protect and support the adjoining premises from possible damage from the excavation, and

(b)  Where necessary, underpin the adjoining premises to prevent any such damage, in accordance with relevant Australian Standards.

 

          Reason: To protect the adjoining development

 

30.     Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

Reason: To ensure compliance with Australian Standards

 

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.

 

31.     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.

 

32.     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

 

33.     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

 

34.     Waste Management Plan.  The development is to comply with the Site Waste Minimisation and Management Plan dated 5 December 2017 submitted with the application.

 

          Reason: To protect the surrounding environment

 

35.     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

 

36.     Hazardous Building Materials Assessment & Asbestos Management Plan. Prior to any demolition works being carried out a Hazardous Building Materials Assessment and an Asbestos Management Plan prepared by a suitably qualified person, as recommended in the preliminary site investigation prepared by Network Geotechnics Ref: G09.2744-A dated April 2018, is required to be submitted to the Principal Certifier and Council.

 

Reason: To ensure public safety

 

37.     Asbestos and Asbestos disposal. 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. 

 

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

 

38.     Asbestos Clearance Report.  An Asbestos Clearance Report obtained from an occupational hygienist, must be provided to Council and the Principal Certifier following the removal of all asbestos containing material from the site and prior to the commencement of bulk excavation.

 

Reason: To ensure the site is free from hazardous materials

 

 

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.

 

39.     Section 7.11 Contribution.  The payment of a contribution for additional person/s in accordance with Council’s Section 7.11 (S94) 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 $771,136.40 at the current rate of $10,332 per person (2018/2019) 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 7.11 (S94) 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 7.11 Contribution is calculated as the 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 Bedrooms

1.2 persons

$10,332.00 x 1.2 =

$12,398.40.00 per dwelling

21 x $12,398.40

$260,366.40

2 Bedrooms

1.9 persons

$10,332.00 x 1.9 =

$19,630.80 per dwelling

25 x $19,630.80

$490,770.00

3 Bedrooms

2.4 persons

10,332.00 x 2.4 = $24,796.80

*Capped Rate $20,000.00 per dwelling

5 x $20,000.00

$100,000.00

 

 

 

TOTAL

$851,136.40

*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 4 existing dwellings.  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

2 Bedrooms

2 persons

$10,332.00 x 2 =

$20,664.00 per dwelling

*Capped Rate $20,000.00 per dwelling

1 x $20,000.00

$20,000.00

4 Bedroom

3.6 persons

10,332.00 x 3.6 =

$37,195.20 per dwelling

*Capped Rate $20,000.00 per dwelling

3 x $20,000.00

$60,000.00

 

 

 

TOTAL

$80,000.00

*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 7.11 Contribution credit for the existing dwellings is therefore $80,000.00.

 

The required S7.11 contribution is calculated at: $851,136.40 – $80,000,000 = $771,136.40.

 

40.     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

 

41.     Landscape Plan.  Prior to the issue of a Construction Certificate the Principal Certifier is to be satisfied that the approved landscape plan has been amended in accordance with Condition 1. The Landscape Plan is to provide endemic trees and shrubs to the Lane Cove River Catchment Area.  All plantings on site shall be provided from Part J – Landscaping Appendix 1 – Plant List.  This plan is also to include, but not be limited to, the following details:

 

(a)        All landscape areas and their proposed treatment (mass planting beds, paving, lawn etc), planting arrangement, planting schedule, pot size, planting and staking details;

(b)        Endemic plant schedule in accordance with Part J – Landscaping Appendix 1 – Plant List;

(c)        Irrigation System - 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.  A separate rain water tank is to be provided for the sole purpose of landscape irrigation.

(d)        Drainage, waterproofing and irrigation recommendations for raised planters and on structure/podium plantings;

(e)        Soil type selections for any podium planters and depths;

(f)         Fencing types, heights and locations;

(g)        Sections and elevations of retaining walls and structures;

(h)        Construction details;

(i)         Street furniture to be compliant with the Disability Discrimination Act 1992;

(j)         Stepping stones along Mowbray Road shall be mortared in place;

(k)        All deep soil areas to be provided with permeable pavers.

 

            A 12 month maintenance schedule is to be provided to ensure the long term viability of the             landscaping shall be provided with the landscape documentation to the Principal Certifier.

 

Reason: To provide adequate landscaping provisions

 

42.     Communal Open Space details.  The Communal Open Space proposed on the roof (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.

 

43.     Approved plans to be on site.  A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifier

 

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

 

44.     Long Service Levy.  Compliance with Section 6.8 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

 

45.     Bushfire Protection.  Bushfire protection measures, as outlined in the stamped bush fire assessment report and certification by Building Code and Bushfire Hazard Solutions Pty Ltd dated 22 November 2017 listed in Condition 1, shall be carried out prior to the issue of the Construction Certificate.  The Principal Certifier shall be satisfied that the construction certificate is in accordance with the recommendations of the approved bushfire hazard assessment report.

 

Reason: Legislative requirement

 

46.     Construction Traffic 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.  The works zone application is to be submitted to and approved by Council prior to the earlier of the following two situations occurring; either (a) issue of any Construction Certificate or (b) any work commencing, in the case where work is to occur on a Public Road during demolition.

 

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 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

 

47.     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

 

 

48.     Construction Noise and Vibration Management plan.  The recommendations in Section 6.1and 6.2 of the Construction Noise Management Plan prepared by Noise and Sound Services Ref:  Nss22661 Final dated July 2017, are to be implemented.   Details demonstrating compliance are to be provided with the application for the Construction Certificate.

 

Reason: To maintain local amenity

 

49.     Road Traffic Noise Assessment.  The recommendations set out in section 6 of the Road Traffic Noise Assessment prepared by Noise and Sound Specialists Report No. Nss22817 dated May 2018 are to be implemented.  Details demonstrating compliance are to be provided with the application for the Construction Certificate.

 

Reason: To maintain local amenity

 

50.     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

 

51.     Fire Safety Schedule.   A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Reason: Statutory requirement

 

52.     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

 

53.     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

 

54.     Disabled Access. Prior to the issue of the Construction Certificate, a report is to be provided from a suitably qualified access consultant to verify that the Construction Certificate Drawings are in accordance with the recommendations set out in the Statement of Compliance  - Access for People with a Disability prepared by Accessible Building Solutions dated 22 August 2018 Rev C and 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 Principal Certifier and Council (if Council is not the PCA).

 

Reason:            To ensure equitable access

 

55.     Adaptable Units. A total of ten (10) 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

 

56.     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

 

57.     Drainage Plans Amendments: The stormwater drainage plan numbered 17010489 Rev 2 prepared by Jones Nicholson Consulting Engineers dated 30-06-17 is to be amended to reflect the above condition titled Stormwater requirement’. The amened design is to be certified that it fully complies with, AS-3500 and part O Council's DCP-Stormwater Management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

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

 

Reason: To maintain the stormwater management of the property

 

58.     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

 

59.     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 proposed pipeline draining public land shall be a minimum 375mm reinforced concrete pipe and kerb inlet pits on straight sections of pipe shall be installed at 30m intervals.

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 ensure compliance with Council’s requirements 

 

60.     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

 

61.     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

 

62.     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

 

63.     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

64.     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 Mowbray Road and Mindarie Street 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

 

65.     Car Parking and Basement 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 prior to the issue of the Construction Certificate

 

The car parking spaces are to accommodate 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.

 

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

 

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 Certifier prior to the issue of the Construction Certificate.  

 

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

 

66.     Car park ventilation.  The basement car park must be provided with an adequate system of permanent natural ventilation or an approved system of mechanical ventilation.

 

Reason: To provide adequate ventilation to the basement levels

 

67.     Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of a Multi Unit Footpath Crossing’ application 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

 

68.     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

 

69.     Council Construction Requirements: The applicant shall construct / reconstruct the following:

1.       New footpath adjacent the entire frontage of the site to Council’s satisfaction

2.       New Kerb and Gutter along the entire frontage of the site to Council’s satisfaction

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

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

 

A $10,000 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 Council infrastructure is constructed and maintained in accordance with Council’s requirements

 

70.     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 the Construction Certificate.   

 

Reason: Statutory requirement

 

71.     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 certifying authority to prior to the issue of the Construction Certificate 

 

Reason: To protect the environment  

 

72.     Waste Management Requirements.  The provisions for waste and recycling for the development must be in accordance with the Waste Management Plan by Elephants Foot Recycling Solutions dated 30 November 2017.  

 

Details demonstrating compliance with the waste management plan is to be submitted on the Construction Certificate plans.

 

Reason: To ensure adequate waste facilities are provided

 

73.     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

 

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.     Location of plant (residential flat buildings)Prior to the issue of the Construction Certificate, the Principal Certifier shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.

 

          Note:     Architectural plans identifying the location of all plant and equipment shall be provided to the Principal Certifier.

 

Reason:         To reduce the visual and acoustic impact to the surrounding locality.

 

76.     Noise from plant in residential zone.  Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00pm -6.00 am) when measured at the boundary of the site.

 

A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.

 

Reason:            To comply with best practice standards for residential acoustic amenity.

 

77.     Tree Works – provision of arborist details.  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.  Where applicable t-rees 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

 

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

 

a)      All reinforcement prior to filling with concrete.

b)      The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

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

d)      Waterproofing of wet areas.

e)      Stormwater drainage lines prior to backfilling.

f)       Completion.

 

          Reason: Statutory requirement

 

 

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.

 

 

79.     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

 

80.     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

 

81.     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  

 

82.     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

 

83.     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

 

84.     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 Preliminary and Arboricultural Impact Assessment Report by Margot Blues Dated 21 April 2017 or otherwise necessary as a result of construction works approved by this consent:

 

Tree No.

Species

Recommendation

1

Eucalyptus saligna ‘Sydney Blue Gum

Remove

2

Cupressus macrocarpa

Remove

3

Eucalyptus botryoides Bangalay

Remove

4

Cupressocyparis x leylandii – ‘Leighton

Green’

Remove

5

Pinus patula – ‘Mexican Weeping Pine’

Remove

 

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

 

Prior to works commencing the following works shall be undertaken to the specified trees:

 

· All trees are to be clearly tagged and identified as per the approved arborist report prior to the removal/pruning of any tree/s on site.

 

Removal or pruning of any other tree on the site is not approved, excluding species and works exempt under Council’s Tree Preservation Order.

 

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

 

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.

 

 

85.     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

 

86.     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

 

87.     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

 

88.     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

 

89.     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.

 

90.     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.

 

91.     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.

 

92.   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

 

 

93.     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

l)        Any storage facilities for individual units in the basement car park area are to have good quality locks and should be of a type that people cannot see into. Storage facilities in basement car parks are often a target for thefts and it is important to ensure the facilities are well secured.

         

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.

 

94.     Lot consolidation.  The allotments known as Lots 1, 2, 3 & 4 in DP No. 35865 must be consolidated into one allotment and evidence of consolidation from NSW Land and Property Information must be submitted with Council prior to the issue of the Occupation Certificate

 

Reason: To contain the development within one allotment

 

95.     BASIX. The submission of documentary evidence of compliance with all commitments listed in BASIX Certificate(s) numbered 828622M_02, dated 28 June 2018.

         

          Reason: Statutory requirement

 

96.     Bushfire assessment report and certificate.  All recommendations in the approved bush fire risk assessment by Building Code and Bushfire Hazard Solutions Pty Ltd dated 22 November 2017 are to have been complied with to the satisfaction of the principal certifier.

 

Reason: Statutory requirement

 

97.     Completion of landscape works.  Prior to the release of the Occupation Certificate, the Principal Certifier 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.

 

98.     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

 

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

 

a          The completion of works.

 

Note:   All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

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

 

100.   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

 

101.   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

 

102.   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

 

103.   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

 

104.   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

 

105.   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

 

106.   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

 

107.   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

 

108.   Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has 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 Principle Certifying Authority prior to the issue of the Occupation Certificate.

                                   

Reason: To ensure stormwater infrastructure has been installed in accordance with Australian Standards and Council’s requirements

 

109.   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 Practise.

 

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

 

110.   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

 

111.   Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

·   Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. 

 

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

 

112.   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.

 

113.   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

 

114.   Provision of Waste Services.  Prior to the issue of the 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

 

115.   Waste Collection Access Indemnity. Prior to the issue of the 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

 

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.

 

116.   Parking Allocation Both the owner and occupier of the development and/or the strata body must provide and maintain the minimum parking allocation as follows;

·        71 residential spaces including 11 accessible spaces;

·        14 visitor spaces including 3 accessible spaces;

·        5 motorbike spaces; and

·        19 bicycle rail rack spaces.

 

Reason:  To ensure parking spaces are provided in accordance with the determination

 

117.   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

 

118.   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

 

119.   Noise Control  – Car Park Security Grills.  To minimise the impact on the amenity of surrounding residents, all sound producing plant, equipment, machinery or fittings within or forming part of the proposed security door fitted to the car parking area entrance shall be acoustically attenuated so that the noise emitted does not exceed 5db(A).  Not withstanding the above any noise that is emitted shall not be audible within any premises and comply with the Protection of the Environmental Operations Act 1997.

 

Reason: To protect the amenity of surrounding properties

 

120.   Clean water only to stormwater system.  Only clean unpolluted water is permitted to enter Council’s stormwater drainage system.

 

          Reason: To protect the environment

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Neighbour Notification Plan

2 Pages

 

AT‑2View

Notification Plan

2 Pages

 

AT‑3View

SEPP 65 Design Principles Assessment

6 Pages

 

AT‑4View

SEPP 65 Apartment Design Guide Compliance Table

7 Pages

 

AT‑5View

Justification for the Exception to the Development Standard -  Proposed development at 586-592 Mowbray Road, Lane Cove - DA34/2018

9 Pages