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Minutes

Lane Cove Local Planning Panel Meeting

2 October 2018, 5:00pm

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Lane Cove Local Planning Panel 2 October 2018

Minutes

 

 

 

PRESENT:                                          Hon David Lloyd, Chairman, Mr Eugene Sarich, Expert Planner, Mr David Johnson, Environmental Expert and Ms Jane Blackmore, Community Representative

 

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

 

DECLARATIONS OF INTEREST:     Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Lane Cove Local Planning Panel Reports

 

586 - 592 Mowbray Road Lane Cove

 

DETERMINATION

 

A.         That the Lane Cove Local Planning Panel at it’s meeting of 2 October 2018 exercising the functions of the Council as Consent Authority pursuant to Clause 4.16 of the Environmental Planning & Assessment Act 1979 approves a variation to the height prescribed by Clause 4.3 of the Lane Cove Local Environmental Plan 2009, as it is satisfied that the applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, and the proposed development would be in the public interest because it is consistent with the objectives of that particular standard and the objectives for development within the zone.

 

B.         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

 

 

 

 

 

DEMOLITION

 

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 amended design is to be certified that it fully complies with, AS-3500 and part O Council's DCP-Stormwater Management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

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

 

Reason: To maintain the stormwater management of the property

 

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 trees are to be monitored throughout construction and a certificate produced upon completion demonstrating the trees have been maintained in adequate condition. All certificates are to be submitted to the certifier prior to the issue of occupation certificate.

        

         Reason: To ensure protection of existing trees

 

 

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 Practice.

 

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

 

Reason: To ensure the structural integrity of the works

 

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).  Notwithstanding the above any noise that is emitted shall not be audible within any premises and comply with the Protection of the Environmental Operations Act 1997.

 

Reason: To protect the amenity of surrounding properties

 

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

 

Panel reason

 

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

 

 

The decision of the Panel was unanimous

 

 

334 Burns Bay Road Lane Cove

 

DETERMINATION

 

That the Lane Cove Local Planning Panel at its meeting of 2 October 2018, as the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA18/147 for construction of a pergola on land at 334 Burns Bay 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

Plan no. DA.01, DA.02 & DA.03

Trina Day Architects

27/06/2018

Drw No. 18-5287Sheet 1 of 1

Ross Engineers

20.03.2018

 

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

 

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

 

Reason: Statutory requirement

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

4.      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.

 

5.      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

 

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.

 

6.      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 Certifier prior to the issue of the Construction Certificate.

 

         Reason: To ensure compliance with the Australian Standards.

 

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.

 

7.      Site Signage.  Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

a)      the name, address and telephone number of the Principal Certifier;

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.

 

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.

 

8.      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.

 

9.      Site Facilities.  The following facility must be provided on the site:

 

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

 

         Reason: Statutory requirement.

 

10.    Site maintenance.  The applicant must ensure that the site is clear of waste and debris at the completion of the works.

 

         Reason: To protect the environment.

 

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.

 

Panel reason

 

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

 

 

The decision of the Panel was unanimous

 

The meeting closed at 5.15pm.

 

 

 

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