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Agenda

Lane Cove Local Planning Panel Meeting

6 November 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 6 November 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 6 November 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 -  2 OCTOBER 2018

 

Lane Cove Local Planning Panel Reports

 

2.       9 Arabella Street, Longueville ..................................................................... 5

 

 

 

  


 

Lane Cove Local Planning Panel Meeting 6 November 2018

9 Arabella Street, Longueville

 

 

Subject:          9 Arabella Street, Longueville     

Record No:    DA18/132-01 - 64291/18

Division:         Environmental Services Division

Author(s):      Michael Stephens 

 

 

 

 

Property:

9 Arabella Street, Longueville

DA No:

DA2018/132

Date Lodged:

30 July 2018

Cost of Work:

$40,000

Owner:

V Roach

Applicant:        

David Cook (Caldis Cook Group)

 

Description of the proposal to appear on determination

Construction of an enclosed walkway between the front and rear pavilions of an existing dwelling house, construction of awnings above east facing bedroom windows and use of the rooftop area as a trafficable terrace.

Zone

R2 Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 1a and 10b

Stop the Clock used

Yes

Notification

Neighbours                              7, 11, 13, 22, 22A, 24 Arabella Street and 2 Woodford Street. Progress Association           Longueville Residents Association

 

SITE

Property

Lot 2 DP 303424

Area

706m2

Site location

Western (high) side of Arabella Street, two dwellings to the south of the intersection with Woodford Street.

Existing improvements

Three storey dwelling house split over two pavilions, swimming pool and associated landscaping.

Shape

Rectangular

Dimensions

Width = 16.2m,Depth = 45.5m                         

Adjoining properties

East - Arabella Street then dwelling houses.

West - Dwelling house fronting Woodford Street.

North -  Two storey dwelling house.                                                     

South - Three storey dwelling house with swimming pool within the rear.

 

 

 


 

Executive Summary

 

The proposed development seeks consent for the construction of an enclosed walkway between the front and rear pavilions of an existing dwelling house, construction of external awnings above east facing bedroom windows and use of the rooftop area as a trafficable terrace.

 

The Development Application is recommended for approval subject to a number of deferred commencement matters being addressed.

 

A number of unathorised works appear to have been undertaken by a previous owner during the construction of the existing dwelling that was subject to a 2005 Development Consent. The unathorised works resulted in additional floor space and are now the subject of a Building Certificate in order to regularize those works.

 

The proposed development seeks consent for 14m2 of additional floor area and would further exceed the maximum Floor Space Ratio permitted by the Local Environmental Plan. The resulting departure equates to 34.14% given the existing FSR exceeds the control. The Applicant has lodged a written request to vary the Development Standard which is considered to be well founded and worthy of support.

 

The rooftop area was subject to a Condition of the 2005 Development Consent that reduced in usable area. The proposed development seeks consent to increase the size of this area and relocate it to the centre of the existing rooftop. Provided that the useable area of the terrace is restricted by the provision of adequate balustrading then the proposed roof top terrace area would not result in an adverse amenity impact to the surrounding properties and is considered reasonable.

 

No submissions were received.

 

Site Description

 

The site is legally described as Lot 2 of DP 303424 and is known as 9 Arabella Street, Longueville. The site is located on the western (high) side of Arabella Street, in close proximity to the intersection of Woodford Street. The land falls from rear to front. There is an existing dwelling house located on the site between the front and rear building pavilions which are both split over three levels. An area of private open space is located within the central courtyard area which also contains a swimming pool. There are terraces located at the front of the dwelling on each level whilst the roof top area of the front pavilion has been constructed like a roof top terrace. A portion of the existing rooftop area has been demarcated by crude temporary screening and is currently being used as a roof top terrace without consent.  Notification Plan attached (AT-1).

 

PREVIOUS APPROVALS/HISTORY

 

Development Application DA2005/48 was granted Deferred Development Consent 18 July 2005 and operative consent 20 September 2005. Development consent was granted for “Demolish existing dwelling and construct a new multi-level dwelling with swimming pool”.

 

The Consent was modified pursuant to section 4.55 on 25 January 2006 to make changes to the swimming pool location and the internal layouts of bedrooms. 

 

There are two aspects of the development history that are noteworthy, they relate to the rooftop terrace and the Floor Space Ratio.

 

 


 

Roof terrace

 

As a part of the 2005 Development Consent the following Condition was imposed:

 

2.         The roof top terrace area above the mid level is to be deleted except for an area of maximum width and 4m in depth adjoining the upper level lounge area.  Design details of the change to be submitted to Council for approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

The below exert from the Council stamped approved plans (s4.55 25/1/2006) shows the affected area.

 

As a part of the plans to satisfy the Deferred Commencement matters these plans had been revised to show compliance with condition 2.

Stamped Plans - DA05/48A - A104, Dated 09/2005 

 

I note that despite indicating that the depth is reduced to 4m this distance is actually 2.8m. Furthermore the condition failed to include any provision for privacy screening to adjoining neighbours.

 

Subsequently a Construction Certificate was issued that modified the approved “upper terrace” by reducing its width to 2.5m in line with the width of the walkway between the two building pavilions and was constructed generally in accordance with those plans. Refer to the below Construction Certificate excerpt and site photo.

 

 

Site Photo - 9 Arabella Street

Construction Certificate - Upper floor level plan

 

Despite the roof area being approved as non-trafficable with a mixture of “roof space” and “planter bed” what has been constructed for all intents and purposes can only be described as a tiled rooftop terrace with a perimeter clear glazed balustrade. Whilst it is noted that the approved plans showed the perimeter balustrade, a balustrade in accordance with Condition 2 is not currently in place.

 

After the completion of works and issue of an Occupation Certificate the property has been sold twice. The current owners bought the property in 2016 and have chosen to occupy the rooftop area including the construction of privacy screens and artificial hedging. The current arrangement is in contradiction to the Development Consent. Whilst it is accepted that the failure to provide the appropriate balustrading in accordance with Condition 2 may not be the fault of the current owners the Development Consent runs with the land and still stands.  

 

Development Application DA2018/132, this application, has been lodged seeking consent to formalise the rooftop area.

 

Floor Space Ratio

 

The stamped plans, Construction Certificate and as built plans once again have a number of areas of inconsistency. The following unauthorised works appear to have been undertaken and are best shown by comparing the stamped plans and the as built plans.

 

Garage Level

 

The approved lower ground floor area consisted of a two vehicle garage and an access passage to the central lift core. The as built plans show that this area was further excavated and now includes a four vehicle garage and a rumpus room.

 

DA Approved Lower Ground Floor Plan

As Built Lower Ground Floor Plan

 


 

Subfloor Area of Rear Pavilion

 

The approved rear building pavilion was two storeys with a subfloor area below. The as built plans show that this area was excavated and additional storey created that contains a home theatre, gym, sauna and bathroom. 

 

DA Approved Ground Floor Plan

As Built Lower Ground Floor Plan

 

 

 

These two substantial deviations from the development consent account for approximately 165m2 of additional floor space. Whilst a Construction Certificate was issued the Architectural Plans showed the development as approved, whilst the structural engineer’s details are consistent with the as built plans.

 

On 31 October 2007 an interim Occupation Certificate was issued by a Private Certifier before a final Occupation Certificate was issued 1 July 2018 by the same Certifier.   

 

PROPOSAL

 

The proposed development seeks consent for the following three elements:

 

·      Enclosure of the undercover walkway between the two building pavilions at the ground floor level adjacent to the swimming pool. The walkway is to be enclosed by curtain glass walls to either side and include access to the pool area.

·      Construction of glass awnings over the east facing windows of the first floor level bedrooms.

·      Use of a portion of the rooftop area as a trafficable terrace and the provision of privacy screens.

 


 

PROPOSAL DATA/POLICY COMPLIANCE

 

Lane Cove Local Environmental Plan 2009

 

Clause 2.2 - Zoning of land

 

The subject site is zoned R2 Low Density Residential as identified on the Land Zoning Map of LCLEP2009.

 

Dwelling houses are permitted with consent within the zone.

 

The relevant objectives of the zone are:

 

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

·   To retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area.

·   To encourage new dwelling houses or extensions of existing dwelling houses that are not highly visible when viewed from the Lane Cove River or Parramatta River.

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

 

Approval of the proposed development would meet the objectives of the zone as the proposed development would:

 

·     continue to provide for the housing needs of the owners within the context of a low density residential zone;

·     improve the residential amenity of the subject property and potentially increase the amenity of the adjoining dwellings given the reduced overlooking created;

·     despite proposing additional floor space, not be highly visible from the Lane Cove River; and

·     not detracted from the existing landscape character of the site. 

 

 

Clause 4.3 - Height of Buildings - Unchanged

 

The subject site has a maximum permitted Height of Buildings of 9.5m pursuant to clause 4.3 of LCLEP2009. The proposed development does not seek to change the maximum building height. 

 

Clause 4.4 - Floor Space Ratio - Variation Sought

 

The subject site has a maximum permitted Floor Space Ratio of 0.5:1 pursuant to clause 4.4 of LCLEP2009

 

Approved FSR - DA2005/48

 

DA Approved FSR = 0.5:1 (Assessment Officers report)

 

As Built FSR (Subject to Building Certificate)

 

As Built FSR = GFA 521.98m2 / Site Area 706m2.

 

As Built FSR = 0.74:1

 

After inspection of the site and comparison between the proposed plans and approved plans it is apparent that additional gross floor area has been created within the subfloor area of the rear building and on the garage level of the front building.

 

The Floor Space Ratio of the as built plans exceeds the maximum permitted by the LEP and the DA approved Floor Space Ratio for the site. The unaccounted for additional floor area is the subject of a 2018 Building Certificate that seeks to regularize these works. In order to consider additional floor space, and the Applicant’s written request pursuant to clause 4.6 of LCLEP 2009, it would be imperative that if consent where to be granted, a Deferred Commencement be imposed. The Deferred Commencement matter would only be satisfied once a Building Certificate is issued or the unauthorised works are rectified. The Applicant is accepting of such a recommendation. In the event that the Deferred Commencement matters cannot be satisfied, then the Applicant would be required to lodge a s4.55 application to delete the proposed additional Gross Floor Area.  

 

Proposed FSR = (Additional GFA subject of this Development Application in Bold)

 

Lower Ground Floor = 122.35m2 - 40m2 (Garage to be excluded in accordance with DCP provision)

Ground Floor = 226.2m2 + 14m2

First Floor = 173.752

Second Floor = 39.68m2

 

FSR = Total GFA 535.98m2 / Site Area 706m2

FSR = 0.76:1

 

The proposed FSR would result in a departure from the Development Standard of 0.5:1 by 34.14%. In response the applicant has lodged a written request to contravene the development standard pursuant to Clause 4.6 (3).

 

Furthermore, given the Planning Minister’s Local Planning Panels Direction - Development Applications issued 23 February 2018, the Development Application must be referred to the Lane Cove Local Planning Panel for determination. The threshold being that the development would contravene a development standard by more than 10%.

 

Clause 4.6 - Exceptions to development standards

 

The Applicant has submitted a written request to vary the Development Standard which is attached (AT3).

 

1.         Is the planning control a development standard?

 

Yes - Clause 4.4 of LCLEP 2009 - Floor Space Ratio is a development standard.

 

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

 

Clause 4.4 of LCLEP 2009 

 

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

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

 

The development standard has a single objective, being to limit the bulk and scale of development.

 

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

 

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

 

Compliance with the development standard is considered to be unreasonable and unnecessary in the circumstances of this case. It is commonly accepted that a mechanism to demine whether compliance with development standard is unreasonable or unnecessary is to establish that compliance with the objectives of the control is achieved.

 

Objectives of the Particular Standard

 

Clause 4.4 of LCLEP 2009 

 

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

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

 

The proposed development despite the variation sought is considered to meet the relevant objectives for the development standard. The additional floor area proposed equates to 14m2, is located within the private central courtyard area and within an undercroft area. The overall building envelope would not change and the additional floor space cannot be seen from the streetscape or adjoining properties. The built form remains compatible with that of the approved development.

 

Objectives for development within the zone

 

The subject site is zoned R2 Low Density Residential Zone pursuant to LCLEP 2009. Dwelling houses are permitted within the zone.

The objectives of the R2 zone are as follows:

 

Zone R2 Low Density Residential

 

1   Objectives of zone

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

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

·      To retain, and where appropriate improve, the existing residential amenity of a detached single family dwelling area.

·      To encourage new dwelling houses or extensions of existing dwelling houses that are not highly visible when viewed from the Lane Cove River or Parramatta River.

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

 

The proposed development remains consistent with the objectives of the zone. Despite the variation the development would provide for the housing needs of the residents, retain the residential amenity of the area, not be visible from the waterways and not affect the landscaped character of the site.

 

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

 

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

 

There are sufficient planning grounds to justify the contravention that are unique to the circumstances of the case. The additional proposed gross floor area does not add to the bulk and scale of the built form and would not be visible from adjoining properties or the streetscape.  The additional floor space makes use of an existing area undercroft area and would greatly approve the amenity of the dwelling for the residents.

 

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

 

Compliance with the Development Standard in this instance, or at a minimum not proposing additional GFA would not assist in the development achieving the objectives of either the development standard or the land use zone objectives. Requiring compliance would be both unreasonable and unnecessary.

 

6.         Will strict compliance with the development standard tend to hinder the attainment of the objects specified in section 1.3 of the EPA Act?   

 

The relevant objects of the act pursuant to section 1.3 are:

 

(c)  to promote the orderly and economic use and development of land,

(g)  to promote good design and amenity of the built environment,

 

Strict compliance with the Development Standard would in this instance hinder the orderly and economic development of the land. The walkway between the front and rear building pavilions has been left exposed to the weather. The current arrangement is of poor design and provides compromised amenity for the residents. The additional floor area seeks to rationalise this area.

 

7.         Is the exception well founded?

 

The Applicant’s written request has adequately addressed the requirements of the clause and provides a well founded justification for the variation. It has been demonstrated that compliance with the Development Standard would be unreasonable and unnecessary in the circumstances of the case.

 

Approval of the variation is within the public interest as it would not have any adverse impacts to adjoining dwellings or the streetscape and seeks to meet the objectives of the land use zone. 

 

The proposed variation equates to a 31.14% departure from the development standard although remains consistent with the approved bulk and scale of the dwelling house. The variation is recommended to be supported.

 

Lane Cove DCP 2009

 

The proposed development complies with Council’s Development Control Plan with the exception of the trafficable roof.

 

Clause 1.8.2 in Part C of LCDCP 2009 states that:

 

b)         Roof terraces and decks above the upper storey are prohibited.

 

c)         Elevated decks, terraces or balconies greater than 1m above ground level (existing) to living areas are not to exceed a maximum depth of 3.0m. Deep decks may be considered if privacy to adjoining properties is addressed.

 

The relevant objectives of these provisions are:

 

2          To provide reasonable acoustic and visual privacy for neighbouring properties

 

3          Minimise overlooking between adjoining dwellings and their private open space.

 

The proposed roof top area is arguably above the upper storey. The building at this point is two storeys. Given that LCDCP only permits two storey dwelling houses it must be considered that this terrace area is above the “upper storey”.

 

The proposed roof top area is also greater than 3.0m in depth and elevated approximately 6m above the existing ground level at the time the dwelling house was approved.

 

Condition 2 of DA2005/48 sought to restrict the depth of the terrace on this level to 4m although this was not discussed in depth in the report, nor were any privacy screens conditioned to protect the privacy of adjoining properties.

 

Despite these numerical provisions, the Applicant has put forward that their proposed rooftop terrace design would be more consistent to the objectives of the DCP provisions outline above, in comparison to the approved development.

 

In this instance the approved roof terrace area measured approximately 4m x 2.8m which equates to 11.2m2. This area is located directly adjacent to the private open space and habitable rooms of the adjoining dwellings. On the southern adjoining property there is a swimming pool, ground floor patio and first floor deck that make up their private open space. On the northern neighbours side there is what appears to be a bedroom window. 

 

The proposed roof terrace area has a usable space of 5.7m x 3.2m which equates to 18.25m2. The terrace area is located centrally within the roof area and is setback 4.5m from both the southern and northern side boundaries. Integral to the Applicant’s proposal is that the area is not adjacent to the areas of private open space for the adjoining dwelling. Furthermore the first floor windows of the northern adjoining property are blocked from view given the prolongation of the roof line at this point. Privacy screening has been proposed along the southern side of the roof terrace area and the walkway from the living room / study. The designated roof top area would also not be in view from the streetscape, dwelling to the rear or either adjacent dwelling.

 

Whilst the area is an increase in size it is not necessarily excessive. It would provide a high level of amenity for the residents but is not likely to be suitable for the use as an entertaining terrace all year round given is limited size, impact from whether and disconnected location from the principle living area of the dwelling. This raises less concern in regard to the potential for adverse acoustic impacts surrounding properties.

 

Given the above considerations it may be reasonable to grant consent for the use of the roof top area as the potential for adverse amenity impacts appear to be mitigated by the built form and would potentially result in a better outcome in comparison to the existing approval. Although, the proposed design of the balustrading/privacy screening that also include a gate, and the existing perimeter balustrading provide Council with little to no certainly that the rooftop area would be restricted in its use.

 

It is recommended that if Development Consent is to be granted then the following matters are to be addressed prior to the issue of an operative consent. These requirements would seek to ensure that the rooftop area is restricted in its use to exactly what the Applicant has sought consent for, and for what the Consent Authority has considered the impact off.

 

Additional Recommended Deferred Commencement Matters:

 

1.       The balustrading surrounding the approved rooftop area is to be a permanent structure and be constructed in accordance with the Building Code of Australia’s requirements. There is to be no gate providing access the surrounding rooftop area.

 

2.       The existing balustrading surrounding the roof top area, with the exception of the long walkway area, is to be removed. (Mark up Stamped Plans?)

 

Imposing the two requirements outlined above would seek to provide Council with assurance that the rooftop area would only be used in accordance with the Development Consent. Removal of the perimeter balustrading would also assist in reducing the impact to the streetscape and the perception by the community that rooftop terraces are acceptable in all circumstances. Whilst the Applicant has argued that the perimeter balustrading is required for maintenance purposes, this argument cannot be accepted. There are many options available to ensure the safety of workers or the residents when undertaking infrequent maintenance that do not require the erection of permanent, unnecessary and highly visible structures. Furthermore the existing rooftop areas adjacent to the living room / study of the rear building also have a flat tiled roof although do not have perimeter balustrading as seen in the following site photos.

 

 

The Applicant’s acceptance of the above requirements would reflect their intended use of the rooftop area as described in their Statement of Environmental Effects and would ensure that the development in perpetuity, regardless of who the owners are, would be in accordance with the Development Consent.

 

If approval for the rooftop terrace area is not granted then Council must seek to serve an order to ensure that the rooftop area is returned to its approved state and a balustrade in accordance with condition 2 of DA2005/48 is constructed.

 


 

REFERRALS

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

RESPONSE TO NOTIFICATION

 

No submissions were received as a result of the notification process. 

 

CONCLUSION

 

The matters in relation to Section 4.15(1) of the Environmental Planning and Assessment Act 1979 have been satisfied.

 

The proposed development meets the Height of Buildings development standard required in the Lane Cove Local Environmental Plan 2009 although seeks a variation to the Floor Space Ratio Development Standard. The Applicant has lodged a written request to vary the development standard pursuant to cl4.6. The exception is considered to be well founded and worthy of support.

 

The proposed development, subject to the recommended draft deferred commencement matters meets the residential development objectives in the Lane Cove Development Control Plan 2009.

 

The proposed roof terrace area would provide for the amenity of the residents whilst in turn reducing the potential amenity impacts to the adjoining dwellings that the currently approved terrace area would cause. It is therefore considered to be in the public interest to support the application.

 

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

 

 

RECOMMENDATION

 

1.    That the applicant’s written request to vary the Floor Space Ratio development standard contained in clause 4.4 of Lane Cove Local Environmental Plan 2009 be supported for DA2018/132

 

2.    That pursuant to section 4.16(3) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel as Consent Authority grant development consent to Development Application DA2018/132 for construction of an enclosed walkway between the front and rear pavilions of an existing dwelling house, construction of awnings above east facing bedroom windows and use of the rooftop area as a trafficable terrace on Lot 2, DP 303424 known as 9 Arabella Street, Longueville subject the matters outlined in Part A and conditions outlined in Part B.

 

Part A: Deferred Commencement Matters

 

The following matters are to be satisfied before the Consent will become operative.

 

a.    The issue of a Building Information Certificate pursuant to section of 6.26 Act, that regularises the unauthorised works undertaken, specifically in regards to the additional floor space within the garage level and rear building subfloor area. 

 

b.    The balustrading surrounding the approved rooftop area is to be a permanent structure and be constructed in accordance with the Building Code of Australia’s requirements. There is to be no gate providing access the surrounding rooftop area.

 

c.    The existing balustrading surrounding the roof top area, with the exception of the walkway area, is to be deleted. 

 

Documentation that satisfies the matters of Part A are to be provided to Council within 12 months of the granting of this Deferred Commencement Consent otherwise this Consent will lapse.

 

Pursuant to Clause 95(5) of the Regulation under the Act, Council will notify the applicant in writing if Part A of the consent has been satisfied and the date from which the Operative Consent will operate. 

 

Part B: Conditions of Consent

 

Subject to the matters in Part A above being satisfied, an Operative Consent and stamped plans be issued subject to the following conditions:

 

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:

 

Drawing

Prepared by

DWG / Plan No.

Rev

Dated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            Plans to be inserted upon satisfaction of Deferred Commencement Matters

 

     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.

 

2Construction Certificate: The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

       Reason: Statutory requirement.

 

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

 

       Reason: Statutory requirement.

 

4Sydney Water.  The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.

 

       Reason: Statutory requirement.

 

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

 

       Reason: Statutory requirement.

 

6.    Occupation Certificate: An Occupation Certificate being obtained from the Principal Certifier (PC) before the occupation of the building.

 

       Reason: Statutory requirement.

 

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

 

Monday to Friday (inclusive)                                    7.00am to 5.30pm

Saturday                                                       7.00am to 4.00pm

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

 

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

 

       Reason: Council policy to protect the amenity of the locality.

 

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

 

       Reason: To protect the environment.

 

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

 

       Reason: To protect the amenity of the locality.

 

10Storage of Materials/Skips: Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

       Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

       Reason: Public safety.

 

11Site Signage: Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

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

b)    the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)    a statement that unauthorised entry to the construction site is prohibited.

 

       The signs shall be maintained for the duration of construction works.

 

       Reason: Statutory Requirement.

 

12Concrete Waste: The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

       Reason: To protect the environment.

 

13Preservation 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.

 

14Swimming Pool Barrier: The swimming pool being surrounded by a fence:-

 

a)    That forms a barrier between the swimming pool; and

i)     any residential building or movable dwelling situated on the premises; and

ii)    any place (whether public or private) adjacent to or adjoining the premises; and

 

b)    That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926 – 2012, “Swimming Pool Safety”.

 

       SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

 

       ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

 

       The register can be found at www.swimmingpoolregister.nsw.gov.au.

 

       Reason: Statutory requirement.

 

15Principal Certifier Inspections: Where Lane Cove Council is appointed as the Principal Certifier (PC), it will be necessary to book an inspection for each of the following stages during the construction process:-

 

b)    All reinforcement prior to filling with concrete.

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

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

f)     Waterproofing of wet areas.

i)     Stormwater drainage lines prior to backfilling.

k)    Completion.

 

       Forty eight (48) hours notice must be given prior to the inspection being required

 

       Reason: Statutory requirement.

 

16Engineers Details: Structural Engineer's details being submitted to the Principal Certifier prior to the issue of the Construction Certificate for the following:-

 

a)    underpinning;

c)    footings;

d)    reinforced concrete work;

e)    structural steelwork;

 

       Reason: To ensure structural adequacy.

 

 

17Engineers Certificate - Additional Loading : A Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  The certificate is to be submitted to the Principal Certifier prior to the issue of the Construction Certificate.

 

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

      

18Asbestos Removal: The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

       Reason: Statutory requirement.

 

19Demolition: The demolition works being confined within the boundaries of the site.

 

       Reason: Public safety.

 

20Public Domain Cleanliness: All spillages deposited on the footpaths or roadways to be removed immediately.

 

       Reason: Protect the amenity and safety of the public domain.

 

21Demolitions Compliance: Compliance with Australian Standard 2601 - The Demolition of Structures.

 

       Reason: Statutory requirement.

 

22Effect of Covenants: It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

       Reason: Legal requirement.

 

23Long Service Levy.  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by installments, the first installment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

       Reason:  Statutory requirement.

 

Engineering Conditions

 

24(A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 

 

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

 

26(A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

27(A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

28(A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

29(A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council storm water line or drainage easement. If a Council storm water line is located on the property during construction, Council is to be immediately notified. Where necessary the storm water line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the storm water line are to be borne by the applicant.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

30(B1) Council Infrastructure Damage Bond: The applicant shall lodge with Council a $3000 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

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

 

       The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O, Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

 

       Where an existing element does not comply with current standards the subject element is to be replaced.

 

       Where the existing system does not comply with Part O, Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management.

 

Engineering Condition to be Complied with Prior to Occupation Certificate

 

32(M2) 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. 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Neighbour Notification Plan

2 Pages

 

AT‑2View

S4.6 Variation

7 Pages

 

 

 


ATTACHMENT 1

Neighbour Notification Plan

 

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ATTACHMENT 2

S4.6 Variation

 

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