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Agenda

Lane Cove Local Planning Panel Meeting

5 March 2019, 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 5 March 2019 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 5 March 2019

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.

 

 

Lane Cove Local Planning Panel Reports

 

1.       Phoenix Street, Lane Cove (Also known as 2 Little Street)................ 3

 

2.       Section 4.55 Modification Application to the Concept DA for the Rosenthal Project.................................................................................................. 3

 

3.       Development Application for Park Level Retail Tenancies for the Rosenthal Project.................................................................................................. 3

 

4.       Section 4.55 Modification to the Rosenthal Main Works Consent ... 3

 

 

 

 

 

  


 

Lane Cove Local Planning Panel Meeting 5 March 2019

Phoenix Street, Lane Cove (Also known as 2 Little Street)

 

 

Subject:          Phoenix Street, Lane Cove (Also known as 2 Little Street)    

Record No:    DA19/10-01 - 6809/19

Division:         Environmental Services Division

Author(s):      Rajiv Shankar 

 

 

 

Property:

Phoenix Street, Lane Cove (also known as 2 Little Street, Lane Cove)

DA No:

DA10/2019

Date Lodged:

4 February 2018

Cost of Work:

$3,000,000.00

Owner:

Lane Cove Council

Applicant:                        

Lane Cove Council

 

Description of the proposal to appear on determination

Construction of a 50m outdoor swimming pool and associated works to replace the existing pool.

Zone

RE1 Public Recreation under Lane Cove Local Environmental Plan 2009

Is the proposal permissible within the zone

Yes, with consent from Council.

 

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 10b

Stop the Clock used

No

Notification

 

 

Neighbours                            As per the attached notification plan

Progress Association             Osborne Park Residents Association

 

REASON FOR REFERRAL

 

The application is referred to Council’s Local Planning Panel for determination as Council is the owner of the subject land.

 

EXECUTIVE SUMMARY

 

The proposal is for the construction of a 50m outdoor swimming pool and associated works to replace the existing pool.

 

The proposal was notified in accordance with Council’s notification policy and one submission was received. The submission made a request to return the temporary gravel carpark to pool landscaping which would be done as soon as practicable.

 

The site is zoned RE1 Public Recreation under Lane Cove Local Environmental Plan 2009 and the proposed development is permissible with consent from Council.

 

There are no Floor Space Ratio and Height development standards specified for the site in Lane Cove Local Environmental Plan 2009. The proposed development would not change any of these existing development standards. The proposed development meets the objectives and the provisions of the Lane Cove Development Control Plan 2009.

 

The proposed development is in public interest and is recommended for approval subject to draft conditions.

 

SITE

 

The site is described as Lot 2 DP326066, Lot 6 DP12618, Lots 54, 55, 56, 57, 58, 95 & 96 DP5922, and is known as Phoenix Street, Lane Cove and is also known as 2 Little Street, Lane Cove. The site is located between Little Street and Phoenix Street and south of the Lane Cove Civic Centre. A Site Plan and Notification Plan are attached (AT-1 and AT-2).

 

The site is part of the overall complex known as Lane Cove Aquatic Centre. West of the pool there is an existing grandstand associated with the outdoor pool. Towards the east is a Council Child Care Centre with amenities at the lower level. To the east is an area used for public car parking with vehicular access from Phoenix Street. Towards the south west is the existing pool filtration plant.

 

SURROUNDING AREA

 

Towards the south of the pool is a Council oval which is used for sports activities. East of Phoenix are two storey dwelling houses. West of Little Street there is an existing 8 storey residential flat building which includes around 200 basement public car parking spaces and is connected to the Aquatic Centre by a pedestrian overbridge. Also located on site towards the north, are three indoor pools, gymnasium and associated facilities, public car parking and the Council Civic Centre.

 

 

 

Site and the surrounding area.

 

PREVIOUS APPROVALS/HISTORY

 

DA 30/2012     Alterations and additions to Lane Cove Aquatic and Leisure Centre and the erection of an illuminated flush wall sign. Approved 18.6.2012.

DA 53/1998     Aquatic Centre. Approved 17.8.1998.

 


 

BACKGROUND

 

The outdoor pool was originally constructed in 1961. In 1998 Lane Cove Council constructed the aquatic centre incorporating the existing outdoor pool. Alterations and additions have been carried out in accordance with the Development Application approved in 2012.

 

It has come to Council’s attention that the outdoor concrete swimming pool structure is dilapidated, structurally unsound and has become a danger to the public.  In the interest of public safety, Council has issued an order for the demolition of the unsound concrete pool structure.

 

The current Development Application seeks consent for the construction of a new pool structure after the existing pool structure has been demolished.

 

PROPOSAL

 

The proposal seeks consent for the construction of a 50m long outdoor swimming pool and associated works to replace the existing pool structure.

 

The proposed outdoor pool includes the following:

 

·    A pool with a length of 50m and a width of 21.7m at the southern end and 23.775m at the northern end.

·    An access ramp into the pool for disabled access.

·    Eight lanes in width (the current pool has seven)

·    Provision of starting blocks.

·    The pool depth would range from 1.2m (shallow end) to 1.375m (deep end).

 

Any associated works not proposed in this application would be subject to a separate Development Application.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           RE1 Public Recreation                                 Site Area: Approximately 2.6Ha

 

 

Proposed

Control

Complies

Floor Space Ratio

Unchanged

Unspecified

Not Applicable

Height of Buildings

Unchanged  

Unspecified

Not Applicable

 

REFERRALS

 

Development Engineer

 

The application was referred to Council’s Development Engineer who raised no objection subject to draft conditions which address matters relating to stormwater disposal and construction. The draft conditions have been included in Recommendations to this report.

 

Environmental Health Officer

 

The application was referred to Council’s Manager Environmental Health who raised no objection subject to draft conditions which address matters relating to potential contamination and public health. The draft conditions have been included in Recommendations to this report.

 

Traffic Coordinator

 

The application was referred to Council’s Traffic Coordinator who raised no objection subject to a draft condition which requires the preparation of a Construction Traffic Management Plan. The draft conditions have been included in Recommendations to this report.

 

Principal Building Surveyor

 

The application was referred to Council’s Principal Building Surveyor who raised no objection subject to a draft condition requiring compliance with BCA which has been included in Recommendations to this report.

 

Community Development Officer

 

The application was referred to Council’s Community Development Officer who raised no objection subject to draft conditions which would address Access Requirements highlighted in the Access Report submitted by the applicant. The draft conditions have been included in Recommendations to this report.

 

Environmental Planning and Assessment Act 1979 (as amended)

 

The following matters are taken into consideration when assessing a development application pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

Objects of the Environmental Planning and Assessment Act, 1979

 

It is considered that the proposed development meets the Objects of the Environmental Planning and Assessment Act, 1979. The proposed development would not create any additional adverse impact on the surrounding properties in terms of privacy, solar access and views. The proposed development would serve a range of water based needs of community and is considered to be in the public interest.

 

Section 4.15(1)(a) the provisions of: (i) any environmental planning instrument

 

Lane Cove Local Environmental Plan 2009 (LEP)

 

An assessment of the proposed development under Lane Cove Local Environmental Plan 2009 is as follows:

 

Clause 1.2 - Aims of the Plan

 

It is considered that the proposal is consistent with the Aims of Lane Cove Local Environmental Plan 2009.

 


 

Clause 2.1 zoning

 

 

The site is zoned RE1 Public Recreation. The proposed development is permissible with consent from Council.

 

Clause 4.4 - Floor Space Ratio

                                                                                                                       

 

 

There is no Floor Space Ratio specified for the subject site. The proposed development would not alter the existing Floor Space Ratio.

 


 

Clause 4.3 - Height of Buildings

 

 

There is no Height limit specified for the subject site. The proposed development would not alter the height of any existing building

 

Heritage

 

The subject site is not listed as a heritage item and is not located in a heritage conservation area.

 

Foreshore Building Line , Riparian Land  and Environmental Protection Area

 

The site is not within a foreshore area, an environmental protection area or classified as riparian land. 

 

State Environmental Planning Policies

 

State Environmental Planning Policy No 55 - Remediation of Land

 

The provisions of State Environmental Planning Policy No 55 - Remediation of Land requires that Council should investigate the likelihood that the site has previously been contaminated and to address the methods necessary to remediate the site. The subject site is presently occupied by the 'Lane Cove Aquatic & Leisure Centre'. The land has been used for many years for recreational purposes.  It is unlikely that the land is contaminated to a degree where it is considered harmful to adjoining occupants and would require remediation. The matter has been considered by Council’s Environmental Health Manager, for abundant caution has recommended draft conditions to address the matter.

 

Section 4.15(1)(a) the provisions of: (ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Planning Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved).

 

The proposal is not affected by any relevant draft environmental planning instrument.

 


 

Section 4.15(1)(a) the provisions of: (iii) any development control plan

 

Comprehensive DCP - Lane Cove Development Control Plan 2010 (DCP)

 

 

The Objectives of Council’s Development Plan include:

 

Balance individual and community interests to preserve and where appropriate improve the existing character and amenity of the municipality.

 

The proposed development is for the reconstruction of an existing outdoor pool which would improve the amenity and is considered to be consistent with the Objectives of the Development Control Plan.

 

 Part B - General Controls

 

The Public Domain

 

All works associated with the development would be contained entirely within the site and would not adversely impact on the public domain.

 

Site Amalgamation and Isolated Sites

 

The proposed development would not isolate any site and site amalgamation is not considered necessary at this time.

 

View Sharing

 

Due to the nature of the proposed works, for an outdoor pool, and because the height of the development would not change, existing views from adjoining properties would not be impacted by the proposed development.

 

Development in Foreshore Areas

 

The site is not within a foreshore area.

 

Environmental Management

 

The proposed development due to its nature, scale and design is not likely to cause pollution or siltation of any nearby waterway, nor would it generate any liquid waste, odour or fumes. All overflow water and drainage including backwash from filter washing from the swimming pool, would be directed to the sewer in accordance with Sydney Water's requirements.The proposal is not likely to have an adverse impact in terms of air or water quality.

 

Development Near Busy Roads/Railway Corridors

 

The subject site is located away from Epping Road and would not adversely impact this or any other road classified as a major road.

 

Safety and Security

 

Remain unchanged.

 


 

Heritage

 

The subject site is not listed as a heritage item and is not located in a heritage conservation area. The subject site has no Aboriginal Heritage significance and has no archaeological significance. However, the site is in the vicinity of a Local Heritage item 1176, Longueville Hotel. Given that the proposed works are at a significant distance from the heritage item and are to replace an existing outdoor pool, the proposed works would not have any adverse impact on the heritage significance of the item.

 

Design

 

The proposed works include construction of an existing outdoor pool. The design of the pool would substantially remain unchanged.

 

Part F - Access and Mobility

 

As part of the Development Application an Access Report has been prepared by ABC Consulting Pty Ltd. The application was referred to Council’s Community Development Officer who raised no objection subject to the recommendations of the report being adopted. Council is taking the opportunity to provide an improved water access for greater community access than the current pool.

 

Part G - Acid Sulphate Soils

 

The site is not shown as being affected by Acid Sulphate Soils under Council's LEP.

 

Part H - Bushland Protection

 

The subject site does not contain any bushland and is not located adjacent to bushland.

 

Part J – Landscaping

 

Exiting landscaping of the site would remain unchanged.

 

Part N - Signage and Advertising

 

There is no signage proposed as part of this application.

 

Part O - Stormwater Management

 

The stormwater runoff would be connected to the existing system. The application was referred to Council's Development Engineer who raised no objection to the proposed development subject to draft conditions.

 

Section 4.15(1)(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

The following section considers the likely impacts of the development that include impacts on both the natural and built environments and social and economic impacts in the locality:

 

Environmental Impact

 

No adverse environmental impacts have been identified as the pool replaces an existing pool of similar dimensions.

 

Natural Hazards

 

The land is not identified by Council as being bush fire or flood prone land. The site is not located in an area affected by land instability. In addition, it is considered that the proposal would not create a hazard or risk to adjoining properties given the design and compliance with Australian Standards.

 

Water and Air Quality Impacts

 

No adverse water and air quality impacts have been identified. The proposed development due to its nature, scale and design would not be likely to cause pollution or siltation of any nearby waterway, nor should it generate any liquid waste, odour or fumes.

 

Soil and Water Management

 

No adverse soil or water management issues have been identified.

 

Flora and Fauna

 

In view of the nature, scale and design of the development, it is considered that there would be no adverse impact in terms of flora and fauna resulting from the proposed development.

 

Neighbourhood Amenity

 

The proposal would not alter the height, bulk or scale of the existing aquatic and leisure centre. The proposed re-construction of the exiting outdoor pool would improve the function and efficiency of the facility. Due to the nature and scale of the proposal, the development would not have any unreasonable impact on the surrounding area in terms of privacy, solar access, noise, parking or traffic.  

 

Impact on Utility Services

 

No adverse impact on utility services is expected.

 

Impact on Parking and Traffic

 

The traffic generated by the proposed works would remain unchanged. A Construction Traffic Management Plan would be prepared subject to a draft condition and implemented during the construction phase.

 

Social and Economic Impacts

 

The construction of the replacement pool would provide a new facility for the community.

In addition the proposed pool would add value by providing an efficient and functional pool constructed to current standards and provide added social and community amenity.

 

Section 4.15(1)(c) The suitability of the site for the development.

   

The proposed development is permissible on the site. The new outdoor pool would replace an existing outdoor pool. The site remains suitable for the proposed development.

 

RESPONSE TO NOTIFICATION Section 4.15(1)(d)

 

The application was notified in accordance with Council’s notification policy and one submission has been received in response. The concerns raised in the submission are addressed below.

 

Concern

Comment

The temporary gravel car park has not been returned to the swimming landscape area as part of this DA.

Part of the temporary gravel car park may be used by construction vehicles during the proposed development. Further works may be proposed subject to subsequent applications that may require the car park to be used by construction vehicles. Removal of the cark park would be a broader policy matter for Council depending upon the completion of public car parking projects in the vicinity and reassessment of the parking demand within the town centre. The decision to remove the car park cannot be linked with the completion of works proposed in the current Development Application.  The temporary gravel carpark would be returned to pool landscaping as soon as practicable.

 

THE PUBLIC INTEREST Section 4.15(1)(e)

 

The proposed outdoor pool would replace an existing outdoor pool and would be available for the use of the community and would be in the public interest.

 

CONCLUSION

 

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

 

The proposed development would replace an existing dilapidated and structurally unsound outdoor pool and provide for an upgraded and new facility for the use of the community.

 

There are no development standards specified for the site in Lane Cove Local Environmental Plan 2009. The proposed development meets the objectives and the provisions of Lane Cove Development Control Plan 2009.

 

The proposed development would replace and improve the existing facility and, be in the public interest and is recommended for approval subject to draft conditions.

 

 

 

RECOMMENDATION

 

That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, Council’s Local Planning Panel grant development consent to:

·    Development Application DA 10/2019

·    For the construction of an outdoor swimming pool at Phoenix Street (also known as 2 Little Street) in generally the location of the current outdoor 50m pool.

 

subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with:

·    Drawing numbers DA010 Rev B, DA100 Rev B, DA101 Rev B, DA301 Rev B

·    Dated 31/1/19

·    By Team 2 Architects

 

except as amended by the following conditions.

 

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

 

2.         In the event that the depth of the pool is increased, amended plans shall be submitted to the PCA prior to the issue of a Construction Certificate.

 

3.         (1) The submission of a Construction Certificate and its issue by Council or Principal Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

            Reason:  Ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.

 

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

 

            Reason: Statutory requirement.

 

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

 

            Reason: Statutory requirement.

 

6.         (17)  An Occupation Certificate being obtained from the Principal Certifier prior to occupation of the pool.

 

            Reason: To ensure all works have been completed in accordance with the development consent conditions, approved plans and the Building Code of Australia.

 

7.         (35)  All 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.

 

8.         (36) 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 and public amenity.

 

9.         (37) 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 environment and public amenity.

 

10.       (48) 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: To protect the environment and public amenity.

 

11.       (49) 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.

 

12.       (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

            Reason: To protect the environment.

 

13.       (51) Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal 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.

 

14.       (56) 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)      The pier holes/pads before filling with concrete.

b)      All reinforcement prior to filling with concrete.

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

g)      Pool reinforcement prior to placement of concrete.

k)      Completion.

 

            Reason: Statutory requirement.

 

15.       (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

 

16.       (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

 

            Reason: Statutory requirement.

 

17.       (64) A check survey certificate is to be submitted at 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.

 

18.       (66) 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: To ensure public safety.

 

19.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

            Reason: To ensure public safety.

 

20.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

           

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

 

21.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

 

            Reason: To ensure compliance with the Australian Standards.

 

22.       (130)  Compliance with the Waste Management Plan submitted with this application.

 

            Reason: To protect the surrounding environment.

 

23.       (132)  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: To ensure all works are carried out lawfully.

 

24.       (141) 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 instalments, the first instalment 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%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Reason: To ensure the levy is paid.

 

Traffic Conditions

 

25.       A Construction Traffic Management Plan must be lodged with Council prior to the issuing of a Construction Certificate. The Construction Traffic Management Plan should address (but not necessarily be limited to) issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles, public transport and any conflict with other road users in the street, proposed Work Zone and impact of construction traffic activities on residents and cyclists. The Construction Traffic Management Plan should also restrict the impact of heavy vehicles travelling through the surrounding local road network and the surrounding residential and business developments. Any proposed Work Zone shall be clearly shown on plans and application be made to Council and RMS in accordance with approvals required for the Works Zone, Crane Permits and other associated works. Wherever possible, construction vehicle parking should be contained within the site. Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of the preparation of Construction Traffic Management Plan.

 

Environmental Health Conditions

 

(i)         Prior to Construction Certificate being issued:

 

26.       A Construction Noise Management Plan (CNMP) is to be submitted to address the impacts of construction on the surrounding locality. The CNMP shall specifically  address acoustic shields and barriers and complaint management .

 

27.       An environmental management plan is to be submitted that addresses sediment controls, dust management and site water management.

 

28.       A Traffic Management Plan incorporating work zones and the path of travel for construction/haulage vehicles  is to be submitted.

 

29.       Following the demolition of the concrete swimming pool shell, a detailed contamination report is to be submitted in accordance with the provisions of SEPP 55 and the NSW EPA’s Guideline for Consultants Reporting on Contaminated Sites.

            Note: No construction works are to be undertaken, until this report is provided and endorsed by an accredited Site Auditor. 

           

            Reason: Environmental Protection, Public Health and Safety.

 

(ii)        General Conditions:

 

30.       (404) Erosion and Sedimentation Controls – Major Works

Erosion and sediment control devices are to be provided.  All devices are to be established prior to the commencement of engineering works and maintained for a minimum period of six months after the completion of all works.  Periodic maintenance of the erosion and sedimentation control devices is to be undertaken to ensure their effectiveness.

 

Reason: Environmental Protection.

 

31.       (406) 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: Environmental Protection.

 

32.       (407) 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: Environmental Protection.

 

33.       (408) Stockpiles

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: Environmental Protection.

 

34.       (447) Noise Monitoring

Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition work

 

            Reason: Environmental Protection and Public Health.

 

35.       (465) Storage of Hazardous or Toxic Material

To ensure hazardous and toxic materials are not to become a threat to the environment they must be stored in a bunded area constructed and maintained in accordance with AS 1940 – 1993 where appropriate The Storage and Handling of Flammable and Combustible Liquids and with Workcover NSW requirements.

 

Reason: Environmental Protection and Public Health.

 

36.       (466) 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: Environmental Protection and Public Health.

 

 

 

 

 

37.       (467) Assessment of Potentially Contaminated Soils

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

 

Reason: Environmental Protection, Public Health and Safety.

 

38.       (468) Offsite Disposal of Contaminated Soil

All contaminated soil removed from the sire must be disposed at a waste facility that can lawfully receive that waste.

 

Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.

 

Reason: Environmental Protection, Public Health and Safety.

 

39.       (487) Operation of public pool/spa

The operation of the pool/spa will need to comply with the requirements of the:

 

         Public Health Act 1991,

         Public Health (Swimming Pools and Spa Pools) Regulation 2000,

         NSW Health Department Public Swimming Pool and Spa Pool Guidelines 1996 and the Australian Standard AS 3633-Private Swimming Pools-Water Quality.

 

Reason: Environmental Protection, Public Health and Safety.

 

40.       (492) Contaminated Land

Prior to issuing a construction certificate for the development a detailed site contamination investigation must be undertaken by an independent and appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past and current activities and uses that may have occurred on the site.

 

Reason: Environmental Protection and Public Health.

 

General Engineering Conditions

 

41.       (A1) 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

 

42.       (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.

 

Reason:    To ensure public safety and amenity

 

43.       (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.

 

Reason:    To ensure public works are carried out in accordance with Council’s requirements

 

44.       (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.

 

Reason:    To ensure public safety

 

45.       (A5) Restoration: Public areas must be maintained in a safe condition always. Restoration of disturbed Council land and assets 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

 

46.       (A6) Public Utility Relocation: If any public services are to be adjusted, because 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

 

47.       (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’.

 

Reason:    To ensure pedestrian access is maintained

 

48.       (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council. 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. The applicant must lodge a Stormwater Inspection Application form to Council. All costs associated with the relocation of the stormwater line are to be borne by the applicant

 

Reason:    To protect public infrastructure

 

49.       (A9) Services 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.

 

Reason:    To protect and maintain infrastructure assets

 

50.       (A11) Work Zone: A Traffic Construction Management Plan and an application for a Work Zone adjacent the development shall be submitted to Lane Cove Council for determination, prior to the commencement of the demolition and prior to any works that require construction vehicle and machinery movements to and from the site. If the development has access to a State Road, the Construction Management Plan and Work Zone need to be referred to RMS for approval. The approval of the Traffic Construction Management Plan and application for a Work Zone by Council’s Traffic Section must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.  

 

Reason:    To provide safer working environment and minimize interruption to pedestrians and motorists

 

Engineering conditions to be complied with prior to Construction Certificate

 

51.       (D1) Excavation Greater Than 1m depth: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall: -

(a)     seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

(b)     detail what measures are to be taken to protect those properties from undermining during construction

(c)     provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties

The above matters are to be completed and documentation submitted to the Principal Certifier prior to the issue of the Construction Certificate.

(d)     Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

All recommendations of the suitably qualified engineer are to be carried out during excavation. The applicant must give at least seven (7) days’ notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

Reason:    To protect surrounding properties and identify vulnerable structures

 

52.       (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 of 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 the existing system does not comply with Part O of 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 Certifier prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with AS 3500 and Part O of Council's DCP-Stormwater Management.

 

Reason:    To ensure existing and proposed stormwater system comply with Council’s requirements

 

53.       (T2) Design of Pool Structure: The proposed concrete pool is 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 Certifier prior to the issue of the Construction Certificate

 

Reason:     To ensure structural stability

 

54.       (W1) Pool Construction: The pool design shall ensure that either during construction or upon completion, surface water is not being directed or diverted to have an adverse impact upon adjoining properties.

 

Engineering condition to be complied with prior to commencement of construction

 

55.       (C2) 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 ensure worksite pollutions are controlled accordingly to protect the environment

 

56.       (D7) Safety fence along the boundary of the property: Before commencement of any works, barrier or temporary fencing is to be provided along the full frontage of the property. This fence is for the safety of pedestrians on the public footpath.

 

Reason:    To ensure safety of road and footpath users

 

Engineering condition to be complied with prior to Occupation Certificate

 

57.       (M2) Certificate of Satisfactory Completion:  A certificate from a registered and licensed Plumber, or a suitably qualified Engineer, must be obtained for the following matter. The plumber is to provide a copy of their registration papers with the certificate. The relevant certificates is to be submitted to the Principal Certifier 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

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


ATTACHMENT 1

Site Location Plan

 

Subject:          Section 4.55 Modification Application to the Concept DA for the Rosenthal Project

    

Record No:    DA15/198-01 - 9416/19

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

 

Property:

2-20 Rosenthal Avenue, Lane Cove

DA No:

Section 4.55 Modification to DA198/2015

Date Lodged:

19 October 2018

Cost of Work:

Nil (Concept DA)

Owner:

Lane Cove Council

Applicant:                        

ADCO Constructions

 

Description of proposal to appear on determination

Section 4.55 Modification Application to the Concept DA.

Zone

B2 Local Centre (part Rosenthal Avenue and part Birdwood Lane)

B4 Mixed Use (the former car park)

Is the proposal permissible in the zone

Yes

Heritage item or within a conservation area

No

Is the property adjacent to bushland

No

Stop the Clock used

No

Notification

Notified in accordance with Council policy and one submission was received.

 

REASON FOR REFERRAL

 

The Section 4.55 Modification Application is referred to the Lane Cove Local Planning Panel as the development is on Council land.

 

EXECUTIVE SUMMARY

 

The proposal seeks to modify the Concept Development Application approval for the development known as the Rosenthal Project. The proposal seeks to amend the building envelope, indicative building platform and to allow awnings to be applied for outside of the given building envelopes.

 

The proposal has been assessed against the relevant provisions of Section 4.55(1A) of the Environmental Planning and Assessment Act, 1979, as detailed in the report, and is considered satisfactory.

 

The proposal was notified concurrently with DA184/2018 and DA46/2017. The matters raised in the submissions are addressed in the reports with these Development Applications though it is noted there is an overlap with the concept Development Application. The matters are not replicated here as the reports are subject to concurrent determination. 

The Section 4.55 Modification Application is reported to the Lane Cove Local Planning Panel with a recommendation for approval subject to modified draft conditions of consent.

 

SITE

 

The subject site is known as 2-20 Rosenthal Avenue, Lane Cove and located at the eastern side of Rosenthal Avenue, Lane Cove between Birdwood Avenue to the north and Burns Bay Road to the south of the Lane Cove town centre. The site was previously used as a public car park with ancillary uses that include a public toilet and electricity substation. The site is currently under construction in accordance with approvals granted on the site for a car park, retail and public open space development known as the ‘Rosenthal Project’.  Site Location Plan and Notification Plan attached (AT1 and AT2).

 

Figure 1: Subject Site (Shaded Red)

 

PREVIOUS APPROVALS/HISTORY

 

DA198/2015    Stage 1 Concept for staged redevelopment of Rosenthal Car Park, Rosenthal Avenue, Lane Cove and to include 500 car spaces, retail and public open space approved by Sydney East JRPP (now Sydney North Planning Panel – “SNPP”) on 28 April 2016. Referred to herein as the Concept Development Application.

 

DA198/2015    Section 4.55(2) Modification to the Concept DA to change the envelope of the basement and park levels, reconfiguration of retail and basement levels, changes to pedestrian access through the park and a minor increase to maximum GFA, and the amount of car parking spaces to be provided, approved by Sydney North Planning Panel on 16 November 2017.

 

 

DA 46/2017     Redevelopment of Rosenthal Car Park involving construction of a six (6) storey mixed use building comprising basement car park, two (2) supermarkets, retail tenancies and public open space approved by Sydney North Planning Panel on 16 November 2017.  Referred to herein as the Main Works Development Application.

 

DA 46/2017     Section 4.55(1) Modification to the Main Works DA to include a condition specifying approved hours of operation for level 1 retail tenancies approved under Delegated Authority on 7 May 2018.

 

DA 46/2017     Section 4.55(1A) Modification to the Main Works DA to include additional excavation to allow for structural support and stormwater disposal approved under Delegated Authority on 16 May 2018.

 

DA 47/2017     Early works program consisting of demolition of all existing structures, removal of all trees, site preparation including excavation and construction of retaining walls was approved by Council’s IHAP on 6 June 2017. Referred to herein as the Early Works Development Application.

 

DA47/2017      Modification of Early Works DA to vary working hours specified in condition 9 of the consent approved under Delegated Authority on 21 November 2017.

 

PROPOSED MODIFICATION

 

The proposed modifications to the Concept DA are at the park level (Level 2) only as follows:

 

1)   The footprint of the retail zones has been reconfigured as a result of canopy extension;

2)   The retail tenancy building envelopes have been reconfigured;

3)   The public amenity building envelopes have been reconfigured as a result of the redesigned canopy;

4)   The extent of the retail zone has been reconfigured as a result of the redesigned canopy; and

5)   Height of two portions of the retail zone has increased by 1m to a maximum RL 88.00 from RL 87.00 for the retail entry zone. 

6)   Modification of the indicative building platforms.

 

The proposed modifications can alternatively be grouped in two categories.

 

Building Envelope Modifications

 

Firstly, proposed building envelope modifications to the horizontal and vertical extent of the retail and retail entry zone in response to, and in order to facilitate, design refinements proposed under DA46/2017 and DA184/2018. Figure 1 details the approved building envelope site plan. This includes a maximum height of RL 87.00 for both retail zones. Figure 2 details the proposed building envelope site plan. As shown in Figure 2, two sections of the retail zone are proposed to be increased by 1m in order to provide for higher buildings at the ‘gateway’ locations to the Rosenthal Project. As detailed in DA184/2018, the additional height will allow for greater variation in building design and allow for retail tenancies that designate entry to the Rosenthal Project area at both the corner of Birdwood Lane and Birdwood Avenue, as well as Rosenthal Avenue and Rosenthal Lane. As also shown in Figure 2, the extent of the retail zone is proposed to be increased. The purpose of this increase relates to design refinement in DA184/2018 including awning design and does not result in a reduction in the functional public open space zone.

 

 

 

Figure 1: Approved Building Envelope Site Plan

Figure 2: Proposed Building Envelope Site Plan

 

Indicative Retail Tenancy Modifications

 

Secondly, proposed indicative building platforms for the retail tenancies, retail canopy, and amenities block in response to, and in order to facilitate, the layouts proposed under DA184/2018 and the Section 4.55 Modification to DA46/2017. The approved indicative building layouts are shown in Figure 3 and the proposed indicative building layouts are shown in Figure 4.

 

Figure 3: Approved Indicative Layouts

 

Figure 4: Proposed Indicative Layouts

 

The proposed modification would require an amendment to condition No. 2 of DA198/2015 to amend the approved plans with the proposed plans.

 

The proposal also seeks to include a condition allowing awnings to be outside of the building envelopes (subject to approval) so that any future design refinement does not require revisiting of the Concept Development Application.

 

SECTION 4.55 MODIFICATION ASSESSMENT

 

1.         Compliance with Section 4.55(1A) of the EP&A Act, 1979

 

In accordance with Section 4.55(1A) Modifications involving minimal environmental impact, the consent authority may consider a modification of development consent provided:

 


 

(a)        the proposed modification is of minor environmental impact;

 

The proposed modification is considered to be of no greater minor environmental impact being limited to design refinement and detail at the park level. 

 

(b)       the proposal is substantially the same development;

 

The proposed modification is substantially the same development with the modification being limited to design refinement and detail at the park level. There is no proposed change in use, Gross Floor Area. The change in building height is limited to a 1m increase for the gateway part of the retail tenancies and is within the height limit being 15m or below RL 91.00 AHD.

 

(c)        has been notified in accordance with the regulations and a development control plan;

 

The proposed modification was notified to surrounding residents in accordance with Council’s notification policy.

 

(d)       Council has considered any submissions regarding the proposed modification;

 

In response to the notification of the proposed modification and one submission was received.

 

2.         Compliance with Section 4.55(3) of the EP&A Act, 1979

 

Section 4.55(3) requires Council to consider relevant matters referred to in Section 4.15(1) and any reasons given by the consent authority for the granting of the original consent.

 

Section 4.15(1) Matters for Consideration

 

(a)        The provisions of

 

(i)         Any environmental planning instrument

 

The proposal does not alter the approved maximum GFA and is within the maximum height of RL 91 (and 15m) under condition No. 4 of the concept DA (this condition is not proposed to be modified). The proposal is compliant with respect to LCLEP 2009.

 

(ii)        Any proposed instrument

 

N/A

            (iii)       Any development control plan

 

The proposed modification does not alter compliance with Lane Cove DCP 2010 as previously assessed. The minor increase in overshadowing from the increased horizontal extent is negligible.

 

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

 

The likely impact of the development is unchanged.

 

(c)        The suitability of the site for the development

 

The proposed modification is considered minor and does not alter the suitably of the site for the development as previously assessed.

 


 

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

 

In response to the notification of the proposed modification, and one submission was received.

 

(e)        The public interest

 

The proposed modification is considered to be in the public interest as it provides further refinement to the park level design that is reasonable and of a high quality urban design that provides for increased amenity and functionality to the Rosenthal Project.

 

 

RESPONSE TO NOTIFICATION

 

The proposal was notified in accordance with Council policy and one submission was received. The matters are addressed as follows:

 

·    Mr Doug Stewart has raised concern that the proposed retail tenancy buildings (DA184/2018) have reduced in floor area, but that the concept modification seeks to increase the retail tenancy envelopes. Concern is raised regarding loss of grass area and obstruction of outdoor seating.

 

Comment: The proposed increase does result in any loss of grass area and any outdoor seating shown is indicative only. Additional envelope is provided for awning extent only with an approximate 3.7m clearance. Suitable allowance will be made for pedestrian movement between the edge of the grass area and any future outdoor seating.

 

Further to the above, it is noted that there is a degree of interconnectivity to the concept DA in the submissions received to DA184/2018 and the Section 4.55 Modification Application DA46/2017. However, as the submissions were made to those specific applications the addressing of these concerns (e.g. sight lines to arcades) is not replicated in this report.

 

CONCLUSION

 

The matters in relation to Section 4.55 of the Environmental Planning and Assessment Act 1979 have been satisfied.

 

The proposed modifications seek to increase functionality and amenity of the park level, would be reasonable and therefore the application is recommended for approval.

 

 

RECOMMENDATION

 

That pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel grants development consent to the Section 4.55 Modification Application to the Concept Development Application No. 198/2015, on land known as 2-20 Rosenthal Avenue, Lane Cove, subject to the following:

 

a.         The replacement of condition no. 2 with the following:

 

2.       All buildings that are proposed to be erected on the site must be contained wholly within the concept building envelopes shown in the following drawings:

 

-      Site Plan, DA02, Issue A, Saunders Global Architects;

-      Allotment & Contour Plan, DA03, Issue A, Saunders Global Architects;

-      Level B3 Car Park Plan, AR-DA897, Rev 1, Scott Carver;

-      Level B2 Car Park Plan, AR-DA898, Rev 1, Scott Carver;

-      Level B1 Car Park Plan, AR-DA899, Rev 1, Scott Carver;

-      Level B0 Car Park/Dock Plan, AR-DA900, Rev 1, Scott Carver;

-      Level 01 Retail Plan, AR-DA901, Rev 1, Scott Carver;

-      Level 02 Park Plan, AR-DA902, Rev 1, Scott Carver;

-      Level 03 Roof Plan, AR-DA903, Rev 1, Scott Carver;

-      Site Sections, AR-DA904, Rev 1, Scott Carver;

-     
North & West Elevations, AR-DA905, Rev 1, Scott Carver;

-      East & South Elevations, AR-DA906, Rev 1, Scott Carver;

-      Road Closure Details shown on Proposed Public Road Boundaries Plan;

 

As amended by the following drawings:

 

-      Level 02 Park Plan, AR-DA5002, Rev 2, Scott Carver (20/02/2019);

-      Level 02 Roof Plan, AR-DA2904, Rev 1, Scott Carver;

-      Site Sections, AR-DA2953, Rev 5, Scott Carver;

-      North and West Elevations, AR-DA2905, Rev 4, Scott Carver; and

-      East and West Elevations, AR-DA2906, Rev 4, Scott Carver;

           

            except as amended by the following conditions.

 

b.         The addition of the following conditions:

 

13.       Awnings to the retail buildings fronting Birdwood Lane and the open space can project             beyond the retail zone envelope. Detailed approval is required via separate application.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Site Location Plan

1 Page

 

AT‑2View

Neighbour Notification Plan

2 Pages

 

 

 PDF Creator


ATTACHMENT 2

Neighbour Notification Plan

 

PDF Creator


 

PDF Creator


 

Lane Cove Local Planning Panel Meeting 5 March 2019

Development Application for Park Level Retail Tenancies for the Rosenthal Project

 

 

Subject:          Development Application for Park Level Retail Tenancies for the Rosenthal Project    

Record No:    DA18/184-01 - 7220/19

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

 

Property:

2-20 Rosenthal Avenue, Lane Cove

DA No:

DA184/2018

Date Lodged:

19 October 2018

Cost of Work:

$1,072,949.00

Owner:

Lane Cove Council

Applicant:                        

ADCO Constructions

 

Description of proposal to appear on determination

Development Application for the Construction of Park Level Retail Tenancies for the Rosenthal Project and Use as a Restaurant or Café

Zone

B2 Local Centre (part Rosenthal Avenue and part Birdwood Lane)

B4 Mixed Use (the former car park)

Is the proposal permissible in the zone

Yes

Heritage item or within a conservation area

No

Is the property adjacent to bushland

No

Stop the Clock used

No

Notification

Notified in accordance with Council policy and three groups of submissions were received.

 

REASON FOR REFERRAL

 

The Development Application is referred to the Lane Cove Local Planning Panel as the development is on Council land.

 

EXECUTIVE SUMMARY

 

The Development Application is for the construction of park level retail tenancies, a signage scheme, use of the tenancies as a restaurant or café premises and hours of operation.

 

The Development Application has been assessed against Council’s Local Environmental Plan and Development Control Plan and is compliant. The proposal has also been assessed with respect to a Concept Development Application which applies to the site which is subject to a concurrent Section 4.55 Modification Application.

 

The proposal was notified in accordance with Council policy and three groups of submissions were received. The concerns raised related to sight lines between existing arcades bordering the Rosenthal Project as well as design detail of the proposed buildings. The proposal was amended by the applicant and/or further information was provided in response to the submissions received. It is considered that the submissions have been suitably addressed by the applicant as outlined in this report.

The Development Application is recommended for approval by the Lane Cove Local Planning Panel.

 

SITE

 

The subject site is known as 2-20 Rosenthal Avenue, Lane Cove and located at the eastern side of Rosenthal Avenue, Lane Cove between Birdwood Avenue to the north and Burns Bay Road to the south of the Lane Cove town centre. The site was previously used as a public car park with ancillary uses that include a public toilet and electricity substation. The site is currently under construction in accordance with approvals granted on the site for a car park, retail and public open space development known as the ‘Rosenthal Project’.

 

Figure 1: Subject Site (Shaded Red)

 

PREVIOUS APPROVALS/HISTORY

 

DA198/2015    Stage 1 Concept for staged redevelopment of Rosenthal Car Park, Rosenthal Avenue, Lane Cove and to include 500 car spaces, retail and public open space approved by Sydney East JRPP (now Sydney North Planning Panel – “SNPP”) on 28 April 2016. Referred to herein as the Concept Development Application.

 

DA198/2015    Section 4.55(2) Modification to the Concept DA to change the envelope of the basement and park levels, reconfiguration of retail and basement levels, changes to pedestrian access through the park and a minor increase to maximum GFA, and the amount of car parking spaces to be provided, approved by Sydney North Planning Panel on 16 November 2017.

 

DA 46/2017     Redevelopment of Rosenthal Car Park involving construction of a six (6) storey mixed use building comprising basement car park, two (2) supermarkets, retail tenancies and public open space approved by Sydney North Planning Panel on 16 November 2017.  Referred to herein as the Main Works Development Application.

 

DA 46/2017     Section 4.55(1) Modification to the Main Works DA to include a condition specifying approved hours of operation for level 1 retail tenancies approved under Delegated Authority on 7 May 2018.

 

DA 46/2017     Section 4.55(1A) Modification to the Main Works DA to include additional excavation to allow for structural support and stormwater disposal approved under Delegated Authority on 16 May 2018.

 

DA 47/2017     Early works program consisting of demolition of all existing structures, removal of all trees, site preparation including excavation and construction of retaining walls was approved by Council’s IHAP on 6 June 2017. Referred to herein as the Early Works Development Application.

 

DA47/2017      Modification of Early Works DA to vary working hours specified in condition 9 of the consent approved under Delegated Authority on 21 November 2017.

 

PROPOSAL

 

The proposal development is for the construction of the retail tenancy buildings at the plaza level for the Rosenthal Project, use as a restaurant or café, and associated hours of operation and signage zones.

 

Retail Buildings

 

The proposed retail buildings are across three blocks shown as Block 1 (B1), Block 2 (B2) and Block 3 (B3) in Figure 2 below. Detailed site and elevation drawings are attached (AT1).

 

Figure 2: Proposed Retail Block Plan

 

Block 1 has a proposed gross leasable floor area of 182m2 and is indicatively shown as containing two tenancies. Block 2 has a gross leasable floor area of 361m2 and is indicatively shown as containing three tenancies. Block 3 has a gross leasable floor area of 229m2 and is indicatively shown as containing two tenancies. A total gross leasable floor area of 772m2 is proposed.

 

The design of the buildings is single storey and open in style with glazed panels inset in a masonry façade with a parapet above an awning. The proposed materials and finishes vary as indicated in Figure 3 below. However, in general a predominantly brick façade is provided to laneways and that a predominantly clad façade in a stone finish with timber articulation is provided to the park side of the building. 

 

Figure 3: External Finishes Perspectives (Birdwood Lane Entrance)

 

The concept DA originally indicatively detailed five blocks as shown in Figure 4. The proposed retail block layout combines the former B2 and B3 blocks, and the former B4 and B5 blocks. It is noted that the subject application as originally lodged did not amalgamate B4 and B5, but was subsequently amended in response to submissions received as detailed later in this report. An assessment of consistency with the concept DA and the merits of the block consolidations are provided later in this report.

 

 

Figure 4: Existing Concept DA Block Plan

 

Use and Hours of Operation

 

The application is for the use of each building as a restaurant or café with hours of operation between Monday to Sunday: 6:00am to 11:00pm. It is proposed that the fitout of each tenancy would occur under the provisions of SEPP (Exempt and Complying Development Codes) 2008. The use would be bound to any operational restrictions put in place under the current application in relation to hours of operation, noise, car parking, loading, vehicular movement, traffic generation, waste management or landscaping.

 

Signage

 

The proposal seeks approval for a business identification signage zone scheme for the retail tenancies. The proposed signage zones are as follows:

 

·    17 x above awning wall signs (illuminated)

·    9 x top hamper signs (illuminated)

·    1 x wall mounted sign (illuminated)

 

The details of the proposed signage zones are shown on Drawing No. AR-DA4300 attached (AT2). The installation of signage within the zones would be subject to separate approval or exempt development provisions under a relevant environmental planning instrument.

 

SECTION 4.15 ASSESSMENT

 

The following assessment is provided against the relevant provisions of Section 4.15 of the Environmental Planning and Assessment Act, 1979:

 

Section 4.15 Matters for Consideration

 

(a)  The provisions of:-

 

(i)         Any environmental planning instrument:

           

            Permissibility

 

The applicant originally sought consent for the occupation of the buildings as food and drink premises which is defined as follows under LCLEP 2009:

 

food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:

(a)  a restaurant or cafe,

(b)  take away food and drink premises,

(c)  a pub,

(d)  a small bar.

 

The proposed use of the tenancies as a food and drink premises is permissible in the zone. However, insufficient detail has been provided with the subject application to consider the full scope of uses within that definition. The submitted detail is considered adequate for considering the use of the tenancies as restaurant or cafes only. More sensitive land uses (pubs, small bars) would be subject to a separate application and approval process, and take away food and drink premises are outside the intended use of the park level tenancies (being to provide for consumption on the premises). Accordingly, it is recommended that the use be restricted to a restaurant or café (Refer condition 8). LCLEP 2009 defines a restaurant and café as follows:

 

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.

 

Local Environmental Plan 2009

 

LEP 2009

Provision

Proposed

Compliance

Zoning

B2 – Local Centre

B4 – Mixed Use

Retail Premises

Yes – permissible with consent.

Maximum Building Height

15m

The proposed maximum building height is within the concept DA envelopes which was demonstrated to comply with the LEP under DA198/2015. A maximum RL 88.00 equates to a maximum building height of 10.7m.

 

Yes

Maximum Permitted FSR Under FSR Map

2:1

The proposed GFA has been factored in the assessment of DA46/2017 which proposed an overall FSR of 0.90:1 for the Rosenthal Project with an allowance of 925m2 for the park level tenancies. The GFA is within the allowance approved with a total proposed GFA of 851m2 based on the revised architectural plans combining Block 3 and 4 in to a singular Block 3 (as shown in Figure 2 earlier in this report). Note the GLFA (772m2) differs from the GFA due to the inclusion of the waste service areas as they are not contained within a basement. The proposed FSR is no greater than that previously considered and approved in DA46/2017.

 

Yes

 

SEPP No. 64 – Advertising and Signage

 

The proposed signage is considered to satisfy the requirements of Clause 3(1)(a) and Schedule 1 of the SEPP. In summary the proposal provides for a rationalised signage scheme for the plaza level tenancies that is in proportion to the scale of the proposed buildings and in keeping with the signage character of the locality. The detailed conclusions made in the submitted Statement of Environmental Effects are considered well founded. Accordingly, the proposal Is considered satisfactory with respect to SEPP No. 64 – Advertising and Signage. Also refer to Part N DCP assessment later in this report.

 

SEPP No. 55 – Remediation of Land

 

The site has been previously subject of detailed site investigations relating to the early works/main works DAs which concluded the site could be made suitable for the proposed land uses. No further assessment is required.

 

SEPP (Infrastructure) 2007

 

No further referral/consultation is required to RMS or Endeavour Energy under SEPP (Infrastructure) 2007 as this has occurred in the concept and main works DA.

         

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

 

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

 

(iii)       Any development control plan

 

The following table provides an assessment against the relevant provisions of the Lane Cove Development Control Plan 2010:

Section

Control

Proposal

Compliance

Part B – General Controls

6.1 Sunlight to Public Spaces

New development must allow for a minimum of 2 hours of solar access to at least 50% of new and existing public open areas or plazas between the area of 11am and 2pm on 21 June.

 

Drawing No. AR-DA4951 provides a comparison of the approved concept building envelope overshadowing to that proposed. In relation to the retail buildings, the shadow cast is less than that envisaged under the concept DA and provides for substantial solar access to the principal public open space areas between 11:00am and 2:00pm on 21 June. The consolidation of Block 3 and 4 improves this further.

 

Yes

B8 Safety and Security

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

 

The proposed retail tenancies have active frontages along laneways, which provide casual surveillance to the public domain.

Yes

B9 Heritage

 

Development in the vicinity of a heritage item.

 

The site is within the vicinity of St Andrews Anglican Church Hall, located across Rosenthal Avenue. Block 3 is within the visual catchment and has undergone design refinement during the assessment of the Development Application which has improved the traditional materiality (brick) at this interface.

 

Yes

Part D – Commercial Development and Mixed Use

1.1.1 Building to Street Frontage

Within the B1, B2 and B4 zones, new buildings are to have street frontages built predominantly to the street alignment.

 

Street setback of maximum 2.0m is permitted for suitable use such as outdoor seating for a cafe

 

The setbacks to the laneways are considered suitable and provide for opportunities for outdoor seating.

Yes

1.1.3 Active Street Frontages

Street and lane frontage uses should incorporate one, or a combination of, the following at street level:

·      Entrances to residential and commercial occupying less than 50% of the street frontage;

 

·      Retail shop front, cafés or restaurants, if accompanied by an entry from the street

 

Limit opaque or blank walls for ground floor uses to 20% of the street frontage.

 

Minimise the extent and visual impact of vehicle entrances and other entries not associated with active uses or building entries.

 

All street frontage windows at ground floor level are to have clear glazing.

 

Provide multiple entrances for large developments including an entrance on each street frontage.

 

The facades are designed having regard to the DCP. In particular, the design facing Birdwood lane is clear glazed with non-active components limited to the two satellite garbage areas servicing each block.

 

The façade to Rosenthal Avenue/Lane includes a blank wall. However, given it combines Block 3 and 4 and reduces the overall extent of the retail frontage along Rosenthal Lane, and in turn increasing the public open space, the reduction in glazing on this component is considered to have merit.

 

 

Yes

1.16 Setbacks

Within the B4 zone, buildings of 1-2 storeys are to provide zero setbacks to front and secondary streets or 3m maximum setbacks for suitable use such as outdoor café seating.

 

The buildings are one storey with a setback to allow for the potential of outdoor seating while allowing for pedestrian carriageways to be maintained.

Yes

1.5 Awning

Continuous street frontage awnings are to be provided for all new developments on main streets or major retail streets in centres except where colonnades are required.

 

Awning design must be coordinated with building facades and be complementary in alignment and depth to the adjoining buildings and its awnings.

Awnings should generally be:

I. Minimum soffit height of 3.3 metres.

II. Low profile, with slim vertical facia or eaves (generally not to exceed 300 mm height)

III. Setback a minimum of 600mm from the kerb.

IV. Located and designed to ensure no conflict with street trees

Awnings are to allow for street trees or poles via innovative solutions, which may include cut out to control sun access/protection, canvas blinds along the street edge may be permitted, subject to design merit and assessment.

Under awning recessed lighting is to be provided to facilitate night use and public safety.

 

Provided on Birdwood Lane and to park frontage for Block 1-3.

 

The awning design is consistent in style having a minimum 3.7m height, set back 900mm from Birdwood Lane, low-profile and does not conflict with any landscaping or infrastructure. The soffit height would allow for lighting.

Yes

1.17 Building Design and Exteriors

Materials, colours, finishes, proportion and scale of new development should add interest to façades and the streetscape.

Avoid large unbroken expanses of blank wall on any facade adjacent to the public domain.

 

The materiality provides for variation with the design approach being traditional materials to the laneways (brick) and vertical timber bars over a stone-finish cladding facing the park. Each retail block is suitably activated through clear glazing.

 

Yes

1.6 Reflectivity

Visible light reflectivity from building materials used on the facades of new buildings should not exceed 20%

 

Non-reflective materials have been selected and incorporated into the design of the building.

 

Yes

1.10 Solar Access

Developments are not to reduce sunlight to dwellings in the adjacent or same zone below a minimum of 3 hours of sunlight on a portion of the windows of the habitable rooms between 9am and 3pm on 21 June.

Where adjacent dwellings and their open space already receive less than the standard hours of sun, new development should seek to maintain this solar access where practicable.

 

The retail structures would not alter existing solar access provisions for adjacent residential accommodation.

Yes

D3 Development within Lane Cove Village Centre and Surrounds

The Concept DA sets the controls for the site however regard is had to the objectives of Part D3 – Development within Lane Cove Village Centre and Surrounds

The proposal is consistent with the objectives for the Lane Cove Village Centre and will make a positive contribution to the area.

 

Yes

Part N - Signage

Top Hamper Signage

 

One top hamper sign per building unlimited in width (bounded by the building edge).

 

Provided to Retail Block 1 and 2.

Yes

Above Awning Signage

 

One above awning sign per tenancy with maximum dimensions 1500mm x 500mm x 100mm.

 

 

One per tenancy per frontage provided at maximum dimensions.

Yes

Part R – Traffic, Transport and Parking

Parking

The proposed GFA is within that accommodated for within the existing car park approved under the Main Works DA.

 

Yes

 

  

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

 

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

 

(c)  The suitability of the site for the development

 

The proposed modification is considered minor and does not alter the suitably of the site for the development as previously assessed.

 

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

 

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

 

(e) Public Interest

 

The proposal is in the public interest as it is generally in keeping with the massing of the original Concept DA while allowing for design refinement which increases the amenity and functionality of the Rosenthal Project.

 

 

CONSISTENCY WITH STAGE 1 CONSENT

 

The proposal is subject to a Concept Development Application in force on the site under Division 4.4 of the Environmental Planning and Assessment Act, 1979. 

 

Clause 4.24(2) of the Act states as follows:

 

While any consent granted on the determination of a concept development application for a site remains in force, the determination of any further development application in respect of the site cannot be inconsistent with the consent for the concept proposals for the development of the site.

 

The relevant Concept DA is Development Application No. 198/2015. A Section 4.55 Modification Application to the Concept DA was lodged concurrently with the subject application. Clause 4.24(2) of the Act is satisfied subject to the Section 4.55 Modification Application to the Concept DA being determined for approval concurrently with the current DA.

 

For completeness, an assessment of the proposal against the provisions of the Concept DA is provided as follows:

 

 

 

 

 

Condition

Relevant Requirement

Compliance

1

No physical works are included in this staged development consent.

Yes – the subject application seeks approval for the physical construction of the Level 2 retail tenancies atop the existing Main Works DA (approved under DA46/2017).

 

2

All buildings to be within the approved building envelopes.

 

Yes – the subject application is proposed to be determined concurrently with a Section 4.55(1A) modification to the Concept DA which would align the proposed building envelopes between the subject DA and the concept DA. A discussion of the suitability of the building envelope amendments, is provided in the ‘Response to Notification’ section of this report below.

 

3

A maximum 6,500m2 of GFA.

Yes – the concept DA included an allowance of 925m2 for the level 2 retail buildings. The proposed GFA of 851m2 for structures on this level is within this allowance.

 

4

The height of the proposed building shall not exceed RL 91.00 AHD and the maximum building height shall not exceed 15m from the existing ground level at any point of the site.

 

Yes – a maximum height of RL 88.00 AHD is provided and is single storey in nature being less than 15m in height from the existing ground level (an RL 88.00 equates to a maximum building height of 10.7m).

5

The provision of a minimum of 500 car spaces.

 

Yes – the subject application does not alter the car parking provided being 500 spaces.

 

6

Any subsequent development application must include evidence that the development site can be amalgamated with the road closure parcels.

 

Yes – it is intended that part of the Rosenthal Avenue and Birdwood Lane road parcels will be closed and amalgamated in the site. A formal road closure process is currently underway and site amalgamations will be coordinated by Council to be completed prior to the issue of an Occupation Certificate for the Main Works DA (Refer condition 98).

 

7

An access report prepared in accordance with AS1428 for the site as a whole and for individual structures prepared by a

suitably qualified Access Consultant.

 

Yes – access report provided for main works DA and capability statement submitted for the subject DA prepared by a suitably qualified person (Morris Goding Access Consulting).

8

A BCA report prepared by a Building Regulations Consultant.

Yes – BCA report provided prepared by a suitably qualified person (Mckenzie Group).

 

9

Stormwater and overland flow management in accordance with Lane Cove DCP Part O – Stormwater Management.

 

Yes – letter from stormwater consultant outlining proposed buildings can connect to system approved under Main Works DA.

10

Detailed landscape plans complying with Lane Cove DCP Part J – Landscaping.

 

Yes – however, no landscaping proposed in this application.

11

Matters raised by NSW RMS shall be addressed in any subsequent application.

 

Yes – NSW RMS matters factored in to Main Works DA.

12

Construction of a pedestrian bridge across Rosenthal Avenue.

 

Yes – separate Part 5 application made in April 2018.

 

Given the above, and subject to the favourable determination of the concurrent Section 4.55(1A) Modification Application to the Concept DA, the retail building application satisfies Clause 4.24(2) of the Act, being not inconsistent with the concept DA.

 

RESPONSE TO NOTIFICATION

 

The proposal was notified in accordance with Council policy and three groups of submissions were received:

 

·    Central Plaza Arcade property owner and associated business owners;

·    Atrium Plaza Arcade and associated unit/business owners; and

·    Mr Doug Stewart

 

The submission received are summarised and addressed in the three groups they were received as follows:

 

(i) Central Plaza Arcade

 

The submissions received from the Central Plaza Arcade raised concern in relation to the originally proposed plan (under the subject DA184/2018) to have two separate retail blocks fronting Rosenthal Lane. The concerns related to loss of sightlines to Central Plaza Arcade and an unactivated frontage to Rosenthal Lane. The originally proposed block plan fronting Rosenthal Lane is shown in Figure 5 below.

 

Figure 5: Originally Proposed Retail Block Plan Fronting Rosenthal Lane

 

The amended design combines Block 3 and 4 in to a singular block as shown in Figure 6. The revised design provides for additional landscaping opportunities at the corner of Birdwood and Rosenthal Lane and improves the sightlines to the Central Plaza Arcade from key viewing locations on Level 2.

 

Figure 6: Amalgamation of Block 3 and 4

 

Figure 7 shows a comparison between the sightlines from the escalator and lift entrances from the original proposal for two blocks to the revised proposal for an amalgamated block. It clearly demonstrates the amalgamated block provides for clearer sightlines to the Central Plaza Arcade from key points of choice for park users.

 

Figure 7: Design Sightline Analysis

 

The revised scheme was shown to the original objectors within the Central Plaza Arcade and no objection was raised to the design. Based on the amended detail provided the submissions received from the Central Plaza Arcade are considered to have been suitably addressed.

 

(ii) Atrium Plaza Arcade

 

The concern raised within the Atrium Plaza Arcade submission relate to the loss of a through-link that would have provided access to the park open space across Birdwood Lane and regarding street activation to Birdwood Lane.

 

Through-Site Link

 

The through-link was shown in the concept DA with the indicative retail building platforms providing for a through-link between Block B2 and B3. An excerpt of the approved plans for the concept DA, and the relevant through-link in relation to the Atrium Plaza Arcade is shown in Figure 8 below.

 

Figure 8: Excerpt from Concept DA Showing Through-Link

 

The proposed amalgamation of Block 2 and Block 3 as proposed in the subject Development Application and the concurrent application to modify the concept DA, is shown in Figure 9 below.

 

Figure 9: Proposed Layout Removing Through-Link

 

 

The applicant has submitted detailed sightline analysis demonstrating that the proposal provides for sightlines to Atrium Plaza from key points of choice. In particular, sight lines are available from the lift core and the escalator exit from the car park and retail premises below the park level. It is to be noted that the walls around the escalator area are to be frameless glass which would further improve sightlines to the Atrium Arcade particularly across to the lift-core. The views from the Atrium Plaza Arcade is shown in Figure 10 below and clearly shows that sightlines are available to both the escalator and lift cores.

 

 

 

Figure 10: Views from Atrium Arcade Towards Escalator and Lift Core

 

Street Activation

 

The proposal originally required a level change between the laneway and retail tenancies. Design refinement has enabled the levels between the laneway and the retail tenancies to be consistent, enabling opportunities for glass shop front openings on to Birdwood Lane and outdoor seating. Figure 11 details the opportunity for outdoor seating along this frontage. Even with the absence of outdoor seating the provision of glazing directly opposite the Atrium Plaza Arcade provides for activation of Birdwood Lane. Further, Birdwood Lane would be repaved from the frontage of the new tenancies to the existing buildings to create a uniform transition between the retail outlets. This would improve laneway amenity, accessibility and enhance pedestrian experience.

 

It is also noted that the escalators to and from the retail area and car parking below exit and enter having regard to the sightlines to the Atrium Arcade having a convenient passage to the shops in the Arcade and Longueville Road beyond.

 

Figure 11: Potential Street Activation when Viewed From Atrium Plaza Arcade

 

Given the above detail, it is considered that the concern of the Atrium Plaza Arcade and its property/business owners have been accommodated and the application provides a strong through-site link. The amended design provides not only a strong desire line link through the Atrium Arcade to Longueville Road but would also activate Birdwood Lane.

 

(iii) Other Submissions

 

A submission was received from Mr Doug Stewart which related to both to the subject DA184/2018 and the proposed modification of the concept DA. The items of relevance to the subject DA are summarised and addressed as follows:

 

 

 

Facade

 

·    Concern is raised regarding the perceived blandness of the façade.

 

Comment: The façade provides differentiation to both the laneway frontage and park frontage with articulation of the parapet. The materials are described within the proposal section of this report and the external materials and finishes plan is attached (AT3).

 

Scale

 

·    Concern is raised regarding the scale and that it is not pedestrian friendly (human-scale).

 

Comment: The proposed buildings are single storey in height with a suitably sized parapet to allow for screening of mechanical plant. The buildings are considered to be human in scale and appropriately activated both along the laneway and park-facing facades.

 

Roof Form

 

·    Concern is raised regarding the roof form of Block 2 (Figure 2) and that it has been straightened from the original concept design.

 

Comment: The curve has reduced and is more linear however an angle of deviation is still provided to this location being consistent with the original intent of the design.

 

REFERRALS

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

Environmental Health

 

No objections subject to recommended draft conditions.

 

CONCLUSION

 

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

 

The proposal is not inconsistent with the concept Development Application applying to the site, subject to the concurrent determination of the Section 4.55 Modification to DA198/2015, and would satisfy Division 4.4 of the Environmental Planning and Assessment Act 1979.

 

The concerns raised in the submissions have been considered and addressed by further design amendment.

 

It is considered that the proposed development would favourably reflect and embody the intent of the concept DA and is therefore recommended for approval.

 

 

 

 

 

 

RECOMMENDATION

 

That pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel grants development consent to Development Application 184/2018 for the construction of retail tenancies on Level 2 of the Rosenthal Project and use as a restaurant or cafe, subject to the following conditions:

 

1.         That the development be strictly in accordance with the following stamped plans,

           

Drawing No.

Title

Author

Revision

Date

AR-DA5102

Amended Level 2 Park Plan - Concept

Scott Carver

2

11/02/2019

AR-DA5103

Elevations - Concept

Scott Carver

2

11/02/2019

AR-DA4103

Roof Plan

Scott Carver

3

16/10/2018

AR-DA4225

Sections

Scott Carver

3

18/10/2018

AR-DA4300

Detail Elevations

Scott Carver

3

10/10/2018

AR-DA4961

External Materials and Finishes

Scott Carver

5

10/10/2018

 

            where there is any inconsistency the following above drawings are to take precedent:

 

·    AR-DA5102

·    AR-DA5103; and

 

            except as amended by the following conditions.

 

2.         Design Refinement Detailed architectural drawings for the southern tenancies (combined Block 3 and 4) need to be consistent with the approved sketch plan ref SK AR-DA5102 dated 11/02/19, and must be submitted to, and receive, Council for Manager Development Assessment sign off prior to issuance of the Construction Certificate for the works.  

 

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

 

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

 

5.         Occupation Certificate An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

6.         Signage All signage within the approved signage zones is to meet the definition of business or building identification signage as defined within Lane Cove Local Environmental Plan 2009.

 

7.         Illumination of Signage Illumination of signage is to be internal only and not result in unacceptable glare. Reference is to be made to AS 4282-1997 Control of the obtrusive effects of outdoor lighting for guidance on acceptable illumination levels. Illuminated signs are to be switched off no later than 15 minutes after the approved close of business and are not to be turned on until the approved hours of operation recommence.

 

 

 

 

 

8.         Separate Application for Fitout Fitout of each tenancy is subject to a separate application and approval. The restaurant or café use of the premises is subject to the conditions of this consent relating to hours of operation, noise, car parking, loading, vehicular movement, traffic generation, waste management or landscaping. The buildings approved by this consent are not required to be provided with additional parking as it is already accommodated for within the car park approved under DA46/2017.

 

9.         Hours of Operation The hours of operation for any future food and drink premises are to be limited as follows:

 

(i)         Monday to Sunday: 6:00am to 11:00pm

           

10.       Access Report Compliance with the accessibility requirements contained within the BCA, DDA Premises Standards and Australian Standards is to be certified by a suitably qualified person prior to the issue of an Occupation Certificate.   

 

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

 

                        Monday to Friday (inclusive): 7am to 5.30pm

                        Saturday:                                7am to 4pm

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.

 

12.       Outdoor Seating Any outdoor seating is subject to a separate lease application with Council.

 

ENVIRONMENTAL HEALTH CONDITIONS

 

13.       Air Quality Management: for each retail use that uses hot plates, grills and other food cooking devices, an air quality assessment is to be submitted that addresses fugitive air emissions, potential impacts on nearby land uses, methods of nuisance odour control, height of exhaust vents/etc and the impact of surrounding buildings on the dilution of air emissions.

 

14.       Acoustic Report: An acoustic report is to be submitted prior to the issue of an Occupation Certificate that addresses the impacts of operation, plant and equipment (exhaust fans, refrigeration systems, waste processing i.e glass crushing) waste collection and impacts of delivery vehicles. The report is to address the impacts of the use(s) on the surrounding shop top housing and surrounding residential apartments that surround the site.

 

15.       Waste Management: prior to the issue of the occupation certificate, council is to be provided in writing with the details of the waste /recycling collection contractor.

 

16.       Dust During Construction Dust suppression techniques are to be employed during works to reduce any potential nuisances to surrounding residences

 

 

 

 

 

17.       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)

 

18.       Construction and Fit out of Food Premises To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all work involving construction or fitting out of the premises shall comply with the requirements of the Food Safety Standards Code (Australia) and Australian Standards AS4674 – Design, Construction and Fitout of Food Premises.

 

19.       Food Shop Registration Requirements Occupation of the premises shall not occur until:

 

a)         a registration application to be submitted to Council’s Health and Environment Department for the food shop

b)         notification of the NSW Food Authority under Standard 3.2.2 Division 2 Section 4 Notification.  This requirement is to be met by notifying through the following website: http://www.foodnotify.gov.au

 

20.       Final Inspection (Food premises) A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before trading commences. Note, if Council is not the PCA, an inspection fee to complete this inspection is payable to Council prior to the inspection being undertaken.

 

21.       Grease Trap (Food Premises) Trade waste water shall be disposed of in accordance with the permit requirements of Sydney Water the proprietor owner shall contact the Trade Waste Office of Sydney Water so as to ensure that the sewerage pre – treatment system installed is appropriate for the proposed use of the premises.

 

22.       Submission of a Waste Management Plan detailing the types and approximate quantities of weekly waste produced on site, whether it is liquid, solid or gas; and the collection and disposal agreements for all recyclable materials including paper, cardboard, metal, oil, aluminium, P.E.T. and glass.

 

23.       Protect Meter Box All meter boxes in food preparation areas shall be fitted with a rigid, smooth – faced cover and sealed to prevent access by vermin

 

24.       Roller Shutters All roller shutters are to be vermin proof in design

 

25.       Maintenance and cleanliness of food preparation areas To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:

 

a)       Food Act 2003 & Food Regulations 2004

b)       Food Safety Standards 3.1.1, 3.2.2, 3.2.3

c)       Sydney Water Corporation – Trade Waste Section

d)       The Protection of the Environmental Operations Act 1997

e)       Australian Standard AS 1668 Part 1 & 2

f)        The Building Code of Australia.

 

 

26.       Service Pipes Where possible all service pipes must be concealed in the floors, plinths, walls or ceilings.  Alternatively, service pipes must be fixed on brackets so as to provide at least 25mm clearance between the pipe and any adjacent vertical surface and at least 100mm between the pipe and any adjacent horizontal surface.

 

27.       Surface Pipe Openings All service pipe openings in walls, floors and ceilings must be made proof against the access of pests.

 

28.       Cavities and Voids Inaccessible cavities and voids must not be formed in the construction of the premises or the installation of fittings and equipment unless completely sealed to prevent the harbourage of pests

 

29.       Tubular Metal Supports Where tubular metal is used for legs, brackets or framework supports the open ends must be suitably capped or sealed to prevent the access of pests.

 

30.       Protection of Self Service Food Unpackaged ready to eat food for self service, other than nuts in the shell and whole fruit and vegetables, must be protected by means of suitable sneeze guard and be effectively supervised.

 

31.       Garbage collection – Commercial/Industrial Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997.  Records shall be kept of all waste disposal from the site. Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 7am on any day.

 

32.       Litter Control A sufficient number of garbage bins must be provided on the premises for garbage disposal.  Such bins shall be made of impervious material and shall have close – fitting, vermin – proof, fly – proof lids.  All waste bins are to be stored in designated garbage/trade refuse areas which must be maintained in a satisfactory condition at all times and must not be stored in designated garbage/trade refuse areas which must be maintained in a satisfactory conditions at all times and must not be stored or permitted to overflow into car parking or gardens areas.

 

33.       Garbage Room Location & Access Garbage rooms shall:

 

(i) be located in positions which will permit easy, direct and convenient access for the removal of garbage without creating a nuisance from dust, litter, odour and noise. 

(ii) not contain any fittings, facilities or matter not associated with the treatment, storage or disposal of garbage.

(iii) where possible be located within the main building.  Where this is not practicable due to noise levels or other exceptional circumstances, the garbage room shall be located in a position approved by the Principal Certifying Authority.  If it is proposed to make application to construct a detached structure, special attention shall be given to the aesthetics of the structure and its siting.

 

Details of appropriate recycling facilities must be provided, both in the communal garbage room and individual units.

 

34.       Construction Requirements – Garbage Room Garbage rooms used for the storage of garbage, and rooms used for the washing and storage of garbage receptacles, remain subject to the following requirements:

(i) Floors of garbage rooms shall be constructed of concrete at least 75mm thick or other approved solid impervious material, graded and drained to an approved drainage outlet connected to the sewer, and shall be finished to a smooth even surface covet at the intersection with walls and plinths

(ii) Walls of garbage rooms shall be constructed of approved solid impervious material and shall be finished to a smooth even surface coved at all intersections

(iii) Ceilings of garbage rooms shall be finished with a rigid smooth faced non-absorbent material capable of being easily cleaned.

 

35.       Drainage Garbage room floors shall be graded to a floor waste, which shall be connected to the sewer.  No drainage from garbage rooms shall be connected directly or indirectly to the stormwater drainage system, Council’s street gutter or Council’s drainage system.

 

36.       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.

 

37.       Ventilation To ensure that adequate provision is made for ventilation of the premises, mechanical and/or natural ventilation systems shall be designed, constructed and installed in accordance with the provision of:

 

a)         The Building Code of Australia

b)         AS 1668 Part 1 and 2 – 1991

c)         Protection of the Environment Operations Act 1997

 

A certificate shall be submitted from a practicing mechanical engineer certifying that the design and operation of the mechanical ventilation system meets the requirements of AS 1668 Parts 1 and 2.

 

38.       Odour Control To ensure that adequate provision is made for the treatment of odours, the mechanical exhaust system shall be fitted with sufficient control equipment to prevent the emission of all offensive odours from the premises, as defined by the Protection of the Environment Operations Act, 1997.

 

39.       Mechanically Ventilated Exhaust System – Barbeque Chicken Shop

            Where barbecue or charcoal cooking of chickens is proposed, which do not utilise electric radiant elements, the plans and specifications of the mechanical ventilation system must detail the systems ability to control emissions from the premises.  An exhaust system should be provided with grease filters in the exhaust hood plus a device to effectively remove the smoke, grease particles and odour.  Details are to be provided prior to the Principal Certifying Authority prior to the issue of a Construction Certificate.

 

40.       Ventilation – Garbage Rooms Garbage rooms shall be ventilated by:-

 

a)         an approved system of mechanical exhaust ventilation in accordance with the requirements of the Building Code of Australia and Australian Standard AS 1668

b)         permanent unobstructed natural ventilation openings with contact direct to the external air, having an aggregate area of not less than 1/20th of the floor area.  One half of the openings shall be situated at or near the floor level and one half at or near the ceiling level

c)         Where permanent natural ventilation openings are provided the openings shall be designed to prevent the entry of rainwater.

 

41.       Fresh air intake vents All fresh air intake vents must be located in a position that is free from contamination and at least 6 metres from any exhaust air discharge vent or cooling tower discharge.

 

42.       Bunding – Liquids All liquids onsite are to be stored within a bunded area.  The size of the area is to be bunded and shall be calculated as follows as a minimum:

 

a)         In the case of tanks, 110% of the volume of the largest size tank

b)         In the case of small containers and drums, 25% of the total volume of liquid to be stored, with a minimum of 400L capacity.

 

The bund is to be constructed of a material, which is impervious to the liquid being stored.  All bunded areas shall be graded to a pit/sump so as to facilitate emptying and cleaning.  All pipework from the enclosed tanks and or/pumps shall be directed over the bund wall and not through it.  Hose couplings for the tanks enclosed within the bund.  Where possible the bunded areas should be roofed.


After completion, the bund shall be maintained in such a condition, that all spillages or leaks will be retained within the bund, until disposed of by means that do not pollute waters.

 

43.       Bunding – Work Areas All work areas where spillage is likely to occur shall be bunded.  This is to be done by way of speed humps, grading the floor area or by any other appropriate means, to prevent contaminated water entering the stormwater system.  The bunded area is then to be drained to a sump for collection and appropriate disposal of the liquid.

 

44.       Regulated Systems All air handling and water systems regulated under the Public Health Act 1991 must be installed, operated and maintained in accordance with the requirements of the Public Health (Microbial Control) Regulation 2000. The premise is to be registered with Council together with payment of the approved fee, prior to occupancy of the building.

 

45.       Registration of water cooling and warm water systems All water cooling and warm water systems regulated under the Public Health Act 1991 must be registered with Council’s Environmental Services Unit within one month of installation.

 

ENGINEERING CONDITIONS

46.       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.

 

47.       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.

 

48.       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.

 

49.       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.

 

50.       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.

 

51.       Public Utility Relocation: 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.

 

52.       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’.

 

53.       Council Infrastructure Damage Bond: The applicant shall lodge with Council an $[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.

 

54.       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.

 

55.       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.

 

56.     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.

.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Park Level Plan and Elevations

2 Pages

 

AT‑2View

Signage Zones

1 Page

 

AT‑3View

External Finishes

1 Page

 

 

 


ATTACHMENT 1

Park Level Plan and Elevations

 


 


ATTACHMENT 2

Signage Zones

 

PDF Creator


ATTACHMENT 3

External Finishes

 

PDF Creator


 

Lane Cove Local Planning Panel Meeting 5 March 2019

Section 4.55 Modification to the Rosenthal Main Works Consent

 

 

Subject:          Section 4.55 Modification to the Rosenthal Main Works Consent     

Record No:    DA17/46-01 - 5486/19

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

 

Property:

2-20 Rosenthal Avenue, Lane Cove

DA No:

Section 4.55 Modification to DA46/2017

Date Lodged:

19 October 2018

Cost of Work:

$4,996,436.66 (original cost)

Owner:

Lane Cove Council

Applicant:                        

ADCO Constructions

 

Description of proposal to appear on determination

Section 4.55 Modification Application to the Main Works Consent including architectural/landscaping refinement to the amenities building and retail entry on Level 2.

Zone

B2 Local Centre (part Rosenthal Avenue and part Birdwood Lane)

B4 Mixed Use (the former car park)

Is the proposal permissible in the zone

Yes

Heritage item or within a conservation area

No

Is the property adjacent to bushland

No

Stop the Clock used

No

Notification

Notified in accordance with Council policy and two submissions received.

 

REASON FOR REFERRAL

 

The Section 4.55 Modification Application is referred to the Lane Cove Local Planning Panel as the development is on Council land.

 

EXECUTIVE SUMMARY

 

The proposal seeks to modify the main works consent for the development known as the Rosenthal project. The Rosenthal project is the redevelopment of an existing public carpark for the purposes of a basement carpark, two supermarkets, retail tenancies and public open space. The project is currently under construction. The modifications proposed specifically relate to the public open space level (known as Level 2) and include modifications to the public amenities building, the retail entry canopy, and the landscaping and finished level details.

 

The proposal has been assessed against the relevant provisions of Section 4.55(1A) of the Environmental Planning and Assessment Act, 1979, as detailed in the report, and is considered satisfactory.

 

The proposal was notified in accordance with Council policy and 2 submissions were received. The concerns raised relate to the design detail of the retail roof structure, the landscaping alignment adjacent to the retail tenancies and future public consultation for the outdoor stage and other components nominated as exempt development.  The concerns are addressed in the report.

The Section 4.55 Modification Application is reported to the Lane Cove Local Planning Panel with a recommendation for approval subject to modified draft conditions of consent.

 

SITE

 

The subject site is known as 2-20 Rosenthal Avenue, Lane Cove and located at the eastern side of Rosenthal Avenue, Lane Cove between Birdwood Avenue to the north and Burns Bay Road to the south of the Lane Cove town centre. The site was previously used as a public car park with ancillary uses that include a public toilet and electricity substation. The site is currently under construction in accordance with approvals granted on the site for a car park, retail and public open space development known as the ‘Rosenthal Project’.

 

Figure 1: Subject Site (Shaded Red)

 

PREVIOUS APPROVALS/HISTORY

 

DA198/2015    Stage 1 Concept for staged redevelopment of Rosenthal Car Park, Rosenthal Avenue, Lane Cove and to include 500 car spaces, retail and public open space approved by Sydney East JRPP (now Sydney North Planning Panel – “SNPP”) on 28 April 2016. Referred to herein as the Concept Development Application.

 

DA198/2015    Section 4.55(2) Modification to the Concept DA to change the envelope of the basement and park levels, reconfiguration of retail and basement levels, changes to pedestrian access through the park and a minor increase to maximum GFA, and the amount of car parking spaces to be provided, approved by Sydney North Planning Panel on 16 November 2017.

 

 

 

DA 46/2017     Redevelopment of Rosenthal Car Park involving construction of a six (6) storey mixed use building comprising basement car park, two (2) supermarkets, retail tenancies and public open space approved by Sydney North Planning Panel on 16 November 2017.  Referred to herein as the Main Works Development Application.

 

DA 46/2017     Section 4.55(1) Modification to the Main Works DA to include a condition specifying approved hours of operation for level 1 retail tenancies approved under Delegated Authority on 7 May 2018.

 

DA 46/2017     Section 4.55(1A) Modification to the Main Works DA to include additional excavation to allow for structural support and stormwater disposal approved under Delegated Authority on 16 May 2018.

 

DA 47/2017     Early works program consisting of demolition of all existing structures, removal of all trees, site preparation including excavation and construction of retaining walls was approved by Council’s IHAP on 6 June 2017. Referred to herein as the Early Works Development Application.

 

DA47/2017      Modification of Early Works DA to vary working hours specified in condition 9 of the consent approved under Delegated Authority on 21 November 2017.

 

PROPOSED MODIFICATION

 

The proposed modification is described in the submitted Statement of Environmental Effects as follows:

 

·    Reconfiguration of the public amenity building envelope;

 

·    Redesign and expansion of the retail entry canopy;

 

·    Minor internal reconfiguration of the lift core located at the north of the site including new external doors for direct access to the park;

 

·    The landscape design has been refined including the following:

 

Additional pathway and hard-standing area to the front of the stage;

Five additional trees within the Square;

Pathway along the western edge of the southern Play Area has been moved east to provide continuous green edge to podium;

Two additional BBQ and shelters proposed within the northern Play Area; and

Minor adjustment to the shape of the water feature within the Square.

 

It is also noted that in addition to the above modifications listed by the applicant there are minor changes to the finished levels through Level 2 and the deep soil plan has been modified to provide further detail of soil depths.

 

The approved architectural Site Plan and Roof Plan are attached (AT1). The proposed amended architectural Site Plan and Roof Plan are also attached (AT2).

 

The approved landscape concept plan is attached (AT3). The proposed amendment to the landscape concept plan is also attached (AT4).

 

The applicant seeks to modify condition nos. 1 and 2. The current conditions are as follows:

 

General Conditions

 

1.         Evidence is to be provided to the Principal Certifying Authority that all conditions of stage 1 consent DA198/2015 as modified under S96(2) have been complied with.

 

2.         That the development be strictly in accordance with the following drawings dated 20.04.2017, prepared by Scott Carver:

 

·    AR-DA1097 LEVEL B3 - CARPARK PLAN

·    AR-DA1098 LEVEL B2 - CARPARK PLAN

·    AR-DA1099 LEVEL B1 - CARPARK PLAN

·    AR-DA1100 LEVEL B0 - CARPARK / DOCK PLAN

·    AR-DA1101 LEVEL 01 - RETAIL PLAN

·    AR-DA1102 LEVEL 02 - PARK PLAN

·    AR-DA1103 ROOF PLAN

·    AR-DA1201 ELEVATIONS

·    AR-DA1211 SECTIONS

·    AR-DA1951 SHADOW DIAGRAM

 

Landscape drawings dated 21.4. 2017:

 

·    LA-DA100 LANDSCAPE CONCEPT PLAN Rev 3

·    LA-DA120 OUTLINE PLANTING PLAN Rev 2

·    LA-DA130 DEEP SOIL ZONE PLAN Rev 2

·    LA-DA200 SECTION GRID LINE DD Rev 2

·    LA-DA201 SECTION GRID LINE GG Rev 2

·    LA-DA202 SECTION GRID LINE JJ Rev 2

·    LA-DA203 SECTION GRID LINE MM Rev 2

·    LA-DA204 SECTION GRID LINE SS Rev 2

·    LA-DA205 SECTION GRID LINE 3 Rev 2

·    LA-DA206 SECTION GRID LINE 3 Rev 2

 

And amended by:

 

1.         AR CD1111 Rev 9 – Level B3 Basement Carpark Concrete Setout Plan Part 1

2.         AR CD1112 Rev 9 - Level B3 Basement Carpark Concrete Setout Plan Part 2

3.         AR CD1121 Rev 11 Level B2 Basement Carpark Concrete Setout Plan Part 1

4.         AR CD1122 Rev 9 - Level B2 Basement Carpark Concrete Setout Plan Part 2

5.         AR CD1131 Rev 9 - Level B1 Basement Carpark Concrete Setout Plan Part 1

 

except as amended by the following conditions.

 


 

The proposed modified conditions are as follows:

 

General Conditions

 

1.         Evidence is to be provided to the Principal Certifying Authority that all conditions of stage 1 consent DA198/2015 as modified under Section 4.55 have been complied with .

 

2.         That the development be strictly in accordance with the following drawings dated October 2018, prepared by Scott Carver:

 

·    AR-DA1097 LEVEL B3 - CARPARK PLAN

·    AR-DA1098 LEVEL B2 - CARPARK PLAN

·    AR-DA1099 LEVEL B1 - CARPARK PLAN

·    AR-DA1100 LEVEL B0 - CARPARK / DOCK PLAN

·    AR-DA1101 LEVEL 01 - RETAIL PLAN

·    AR-DA3102 LEVEL 02 - PARK PLAN

·    AR-DA3103 ROOF PLAN

·    AR-DA3201 ELEVATIONS

·    AR-DA3211 SECTIONS

·    AR-DA3951 SHADOW DIAGRAM

 

Landscape drawings dated September 2018:

 

·    LA-DA100 LANDSCAPE CONCEPT PLAN Rev 4

·    LA-DA120 OUTLINE PLANTING PLAN Rev 3

·    LA-DA130 DEEP SOIL ZONE PLAN Rev 3

·    LA-DA200 SECTION GRID LINE DD Rev 3

·    LA-DA201 SECTION GRID LINE GG Rev 3

·    LA-DA202 SECTION GRID LINE JJ Rev 3

·    LA-DA203 SECTION GRID LINE MM Rev 3

·    LA-DA204 SECTION GRID LINE SS Rev 3

·    LA-DA205 SECTION GRID LINE 3 Rev 3

·    LA-DA206 SECTION GRID LINE 3 Rev 3

 

except as amended by the following conditions.

 

SECTION 4.55 MODIFICATION ASSESSMENT

 

1.         Compliance with Section 4.55(1A) of the EP&A Act, 1979

 

In accordance with Section 4.55(1A) Modifications involving minimal environmental impact, the consent authority may consider a modification of development consent provided:

 

(a)        the proposed modification is of minor environmental impact;

 

The proposed modification is considered to be minor and of no greater environmental impact being limited to design refinement and detail at the park level. 

 

(b)       the proposal is substantially the same development;

 

The proposed modification is substantially the same development with the modification being limited to design refinement and detail at the park level. There is no proposed change in use, Gross Floor Area or building height from the original concept approval.

 

(c)        has been notified in accordance with the regulations and a development control plan;

 

The proposed modification was notified to surrounding residents in accordance with Council’s notification policy.

 

(d)       Council has considered any submissions regarding the proposed modification;

 

In response to the notification of the proposed modification, 2 submissions were received. The matters raised in the submissions are considered later in this report.

 

2.         Compliance with Section 4.55(3) of the EP&A Act, 1979

 

Section 4.55(3) requires Council to consider relevant matters referred to in Section 4.15(1) and any reasons given by the consent authority for the granting of the original consent.

 

Section 4.15(1) Matters for Consideration

 

(a)        The provisions of

 

(i)         Any environmental planning instrument

 

The proposal does not alter the approved maximum GFA and is within the maximum height of RL 91 under the Concept DA with the retail canopy being of a lower maximum height than originally approved albeit with a larger footprint. The proposal is compliant with respect to LCLEP 2009.

 

(ii)        Any proposed instrument

 

N/A

 

(iii)       Any development control plan

 

The proposed modification does not alter compliance with Lane Cove DCP 2010 as previously assessed.

 

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

 

The likely impact of the development is unchanged.

 

(c)        The suitability of the site for the development

 

The proposed modification is considered minor and does not alter the suitably of the site for the development as previously assessed.

 

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

 

In response to the notification of the proposed modification, 2 submissions were received. The matters raised in the submissions are considered later in this report.

 

 

 

 

 

(e)        The public interest

 

The proposed modification is considered to be in the public interest as it provides further refinement to the park level design that is reasonable and of a high quality urban design that provides for increased functionality and amenity to the Rosenthal Project.

 

CONSISTENCY WITH STAGE 1 CONSENT

 

The proposal seeks to modify a consent (the Main Works DA) which relies on a Concept Development Application under Division 4.4 of the Environmental Planning and Assessment Act, 1979. 

 

Clause 4.24(2) of the Act states as follows:

 

While any consent granted on the determination of a concept development application for a site remains in force, the determination of any further development application in respect of the site cannot be inconsistent with the consent for the concept proposals for the development of the site.

 

The relevant Concept DA is Development Application No. 198/2015. A Section 4.55 Modification Application to the Concept DA was lodged concurrently with the subject Section 4.55 Modification Application to the Main Works DA. Clause 4.24(2) of the Act is satisfied subject to the Section 4.55 Modification Application to the Concept DA being determined for approval concurrently with the Section 4.55 Modification Application to the Main Works DA.

 

REFERRALS

 

Landscaping

 

The amendments to the landscape plans have been reviewed and endorsed by Council’s Manager of Open Space.

 

RESPONSE TO NOTIFICATION

 

In response to the notification of the proposed modification, 2 submissions were received. The matters raised in the submissions are summarised and addressed in the following table:

 

Concern

Comment

A submission was received from Mr Doug Stuart. The submission seeks clarification on the following:

 

-     Details of the steel roof structure including finishes, weather protection and stair access; and

 

 

-     The loss of the curve in the eastern side of the large grass area.

 

 

 

 

 

 

The submission also requests further consultation be undertaken for the components of the proposal nominated as ‘exempt development’ on the plans namely the stage structure, the pedestrian bridge and lift structure, and BBQ shelter and surrounds.

 

The proposed steel roof structure would be adequately weather protected with transparent infill panels to the openings (see Section 2 on Drawing No. AR-DA3211) and on the eastern side of the escalators (adjoining Birdwood Lane) where the roof provides less protection, a wall is provided as additional protection (see DA3 Elevation – Birdwood Lane on Drawing No. AR-DA3201).

 

The change to the eastern edge of the large grass area in relation to the alignment is negligible. The revised design aligns the change in angle of the grassed area to the change in angle of the retail tenancies. The changes are highlighted on the attachments (see AT3 and AT4) and are considered negligible.

 

Consultation on matters outside of the subject application is not of relevance to the assessment of this application. Notwithstanding, updates, including computer generated imagery of the likely built form of the exempt components have been provided to the public through newsletters and the Rosenthal Project website

 

A submission was received from the owner of the Plaza Central Arcade raising concern with indirect sightlines through to the Plaza Central Arcade (23/25 Lane Cove Plaza) impacting patronage of the arcade.

The concerns relating to sightlines through to the Central Arcade are of relevance and addressed in concurrent applications made to the Stage 1 concept approval and the park level retail tenancies respectively. The matters are not relevant to the subject Section 4.55 Modification Application.

 

 

CONCLUSION

 

The matters in relation to Section 4.55 of the Environmental Planning and Assessment Act 1979 have been satisfied.

 

The proposed modifications would be reasonable, seeks to increase functionality and amenity of the public open space level and is recommended for approval.

 

 

RECOMMENDATION

 

That pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel grants development consent to the Section 4.55 Modification Application to DA46/2017 Main Works Consent including architectural/landscaping refinement to the amenities building and retail entry on Level 2, on land known as 2-20 Rosenthal Avenue, Lane Cove, subject to the following conditions:

 

3.         Evidence is to be provided to the Principal Certifying Authority that all conditions of stage 1 consent DA198/2015 as modified under Section 4.55 have been complied with.

 

4.         That the development be strictly in accordance with the following drawings dated October 2018, prepared by Scott Carver:

 

·    AR-DA1097 LEVEL B3 - CARPARK PLAN

·    AR-DA1098 LEVEL B2 - CARPARK PLAN

·    AR-DA1099 LEVEL B1 - CARPARK PLAN

·    AR-DA1100 LEVEL B0 - CARPARK / DOCK PLAN

·    AR-DA1101 LEVEL 01 - RETAIL PLAN

·    AR-DA3102 LEVEL 02 - PARK PLAN

·    AR-DA3103 ROOF PLAN

·    AR-DA3201 ELEVATIONS

·    AR-DA3211 SECTIONS

·    AR-DA3951 SHADOW DIAGRAM

 

Landscape drawings dated September 2018:

 

·    LA-DA100 LANDSCAPE CONCEPT PLAN Rev 4

·    LA-DA120 OUTLINE PLANTING PLAN Rev 3

·    LA-DA130 DEEP SOIL ZONE PLAN Rev 3

·    LA-DA200 SECTION GRID LINE DD Rev 3

·    LA-DA201 SECTION GRID LINE GG Rev 3

·    LA-DA202 SECTION GRID LINE JJ Rev 3

·    LA-DA203 SECTION GRID LINE MM Rev 3

·    LA-DA204 SECTION GRID LINE SS Rev 3

·    LA-DA205 SECTION GRID LINE 3 Rev 3

·    LA-DA206 SECTION GRID LINE 3 Rev 3

 

except as amended by the following conditions.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Approved Level 2 and Roof Plan

2 Pages

 

AT‑2View

Proposed Level 2 and Roof Plan

2 Pages

 

AT‑3View

Approved Landscape Concept Plan

1 Page

 

AT‑4View

Proposed Landscape Concept Plan

1 Page

 

 

 


ATTACHMENT 1

Approved Level 2 and Roof Plan

 


 


ATTACHMENT 2

Proposed Level 2 and Roof Plan

 


 


ATTACHMENT 3

Approved Landscape Concept Plan

 


ATTACHMENT 4

Proposed Landscape Concept Plan