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Minutes

Lane Cove Local Planning Panel Meeting

5 March 2019, 5:00pm

 

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Lane Cove Local Planning Panel 5 March 2019

Minutes

 

 

 

PRESENT:                              Hon David Lloyd, QC Chairman, Mr Graham Brown, Planning Expert, Ms Jane Blackmore, Community Representative

 

ALSO PRESENT:                  Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Mr Henry Burnett, Senior Town Planner and Angela Panich, Panel Secretariat

 

DECLARATIONS OF INTEREST:    Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Lane Cove Local Planning Panel Reports

 

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

 

DETERMINATION

 

That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, Council’s Local Planning Panel at it’s meeting of 5 March 2019 exercising the functions of the Council as the consent authority grants 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 day’s 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

 

Panel Reasons

 

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

 

 

 

The decision of the Panel was unanimous

 

 

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

 

RECOMMENDATION

 

That pursuant to section 4.55(1A) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 5 March 2019 exercising the functions of the Council as the consent authority grants 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.

 

Panel Reasons

 

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

 

 

The decision of the Panel was unanimous.

 

 

 

 

Development Application for Park Level Retail Tenancies for the Rosenthal Project

 

DETERMINATION

 

That pursuant to section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 5 March 2019 exercising the functions of the Council as the consent authority 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.

 

Panel Reasons

 

1.               The considerations of the retail viability of the overall proposal is better provided through the present amended design.

 

2.               Persons exiting the carpark going to Longueville Road would see the entry to the Atrium Arcade and would naturally obtain access to that route via the Atrium Arcade, rather than via any passageway between the retail tenancies.

 

3.               Conversely those entering from Longueville Road and exiting the Atrium Arcade would clearly see the access to the carpark and other services.

 

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

 

 

The decision of the Panel was unanimous.

 

 

Section 4.55 Modification to the Rosenthal Main Works Consent

 

DETERMINATION

 

That pursuant to section 4.55(1A) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 5 March 2019 exercising the functions of the Council as the consent authority grants 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:

 

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

 

Detailed architectural drawings and landscape plans need to be consistent with the approved sketch plan ref SK AR-DA5102 dated 11/2/19 as approved by DA184/2018, and must be submitted to, and receive, Council for Manager Development Assessment sign off prior to issuance of the Construction Certificate for the works.

 

except as amended by the following conditions.

 

Panel Reasons

 

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

 

 

The decision of the Panel was unanimous

 

 

The meeting closed at 6.15pm.

 

 

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