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Agenda

Lane Cove Local Planning Panel Meeting

23 May 2019,  

 

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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   on Thursday 23 May 2019 commencing at  . 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.

 

 

 

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

1.      LANE COVE LOCAL PLANNING PANEL MEETING - 7 MAY 2019

 

 

 

Lane Cove Local Planning Panel Reports

 

2.       Phoenix Street, Lane Cove (also known as No. 2 Little Street) ........ 4

 

3.       13 Point Road Northwood................................................................................... 26

 

4.       1-7 Merinda Street and 11-17 Willandra Street, Lane Cove North.. 42

 

5.       1 Ulonga Avenue, Greenwich........................................................................... 139

 

 

 

 

  


 

Lane Cove Local Planning Panel Meeting 23 May 2019

PHOENIX STREET

 

Subject:          Phoenix Street, Lane Cove (also known as No. 2 Little Street)     

Record No:    DA19/31-01 - 21499/19

Division:         Environmental Services Division

Author(s):      Greg Samardzic 

 

 

 

Property:

Phoenix Street, Lane Cove (also known as No. 2 Little Street, Lane Cove)

DA No:

DA 31/2019

Date Lodged:

15 March 2019

Cost of Work:

$650,000.00

Owner:

Lane Cove Council

Applicant:                        

As above

 

Description of the proposal to appear on determination

Construction of a concourse area to surround an approved outdoor swimming pool and associated works

Zone

RE1 Public Recreation under Lane Cove Local Environmental Plan 2009

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 10b

Stop the Clock used

No

Notification

Notified in accordance with Council’s policy and no submissions

have been received              

 

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 concourse area to surround an approved 50m outdoor swimming pool and associated works. The new swimming pool to replace the existing swimming pool was approved by the Lane Cove Planning Panel on 5 March 2018. 

 

The proposal was notified in accordance with Council’s notification policy and no submissions have been received.

 

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 or Height development standards specified for the site in Lane Cove Local Environmental Plan 2009. The proposed development does not seek to change any of the 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 and Lots 54 - 58, 95 & 96 DP5922 and is known as Phoenix Street, Lane Cove and is also known as No. 2 Little Street, Lane Cove. The site is located between Little Street and Phoenix Street and south of the Lane Cove Civic Centre.

 

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. Toward the east is a Council Child Care Centre with amenities at the lower level. To the east is an area used as a temporary public car parking with vehicular access from Phoenix Street. Toward the south west is the existing pool filtration plant.

 

SURROUNDING AREA

 

South of the pool is a Council oval which is used for sports activities. East of Phoenix Street are two storey dwelling houses. West of Little Street there is an existing eight storey residential flat building which includes 207 basement public car parking spaces and is connected to the Aquatic Centre by a pedestrian over bridge. 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 10/2019

Construction of a 50m outdoor swimming pool and associated works to replace the existing pool. Approved at the Lane Cove Planning Panel Meeting on 5 March 2019.

 

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 had come to Council’s attention that the outdoor concrete swimming pool structure was dilapidated, structurally unsound and 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 previous Development Application was approved for the construction of a new pool structure after the existing pool has been demolished.

 

On 15 March 2019, the subject Development Application was lodged and included in the application were plans for an underground plant room, balance tank and store room which extended to the boundary of the site to Little Street. Since submission of the application, Council received advice relating to a line of sewer which was located beneath the proposed plant room and advice on the proposed requirements of these rooms. As a result, amended plans were prepared to indicate:

 

·    Relocation of the plant room to the area of the original store room.

·    Relocation of the store room to the part of the site that previously accommodated the proposed plant room.

·    Additional hot water plant room adjoining the store room.

·    Louvres to the store and plant rooms on the Pottery Green elevation to the south which previously was a masonry wall.

 

The proposed amendments have rationalised and reduced the size of the plant/store room areas which are located beneath the concourse area. The amendments have relocated these areas further away from the Little Street frontage. The proposed louvres would improve the aesthetic appearance of the southern elevation of the development.


 

 

PROPOSAL

 

The proposal is for the construction of a concourse area to surround an approved 50m outdoor swimming pool and associated works to include a plant room and filtration system. The proposed concourse includes the following features:

 

·    A concrete concourse surrounding the approved swimming pool;

·    Full height glass balustrade to the edge of the concourse on the southern (Pottery Green) side of the site;

·    Associated drainage;

·    Recessed thermal blanket boxes and covers on the northern end of the proposed concourse.

·    A plant room, store room and filtration system below a new slab in the area to the south of the site.

·    New fencing between the plant room area and the proposed concourse.

 

A replacement grandstand, youth centre, landscaping and associated works are proposed to 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 the recommendations to this report.

 

Tree Assessment Officer

 

No objections subject to recommended draft conditions.

 

Manager Environmental Health

 

No objections subject to recommended draft conditions.

 

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 impacts on the surrounding properties in terms of privacy, solar access and views. The proposed development would serve a range of community water-based needs and 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 for the purposes of a ‘recreation facility (outdoor) is permissible with consent.

 

 

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 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.

 

However, for abundant caution contamination conditions were imposed under the previous swimming pool consent D10/19 to include submission of relevant contamination reports to be prepared by a site auditor prior to the issue of a construction certificate for the swimming pool. Construction of the pool shell has not commenced and would need to occur prior to the construction of the concourse area. The relevant reporting would need to occur prior to construction of the swimming pool shell. 

 

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).

 

Draft Remediation of Land SEPP

 

The Draft Remediation of Land SEPP was subject to public exhibition between 31 January and 13 April 2018. The Draft SEPP maintains the overarching objectives being to promote the remediation of land to reduce the risk of potential harm to human health or the environment. The new draft measures primarily relate to scenarios where more complex remediation/ongoing management is required, and the certification of remediation works undertaken as development not requiring consent. While the Draft does consider introducing planning guidelines for the assessment/preparation of preliminary site investigations, appropriate contamination conditions were imposed under the previous swimming pool consent and are sufficient for its purpose.

 

The proposal is not inconsistent with the Draft Remediation of Land SEPP.

 

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 construction of a concourse area to a recently approved 50m swimming pool which would maintain and improve water based recreational amenity and is 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 works are to be located over six of the eight lots which form part of the aquatic centre and those lots are part of a total of 31 lots that contains the aquatic centre, child care centre and Pottery Green Oval. The proposed development would not isolate any site and site amalgamation is not necessary at this time as rationalisation of these lots are be undertaken by Council at, a later date when the aquatic centre development is finalised.   

 

View Sharing

 

Due to the nature of the proposed works, for a concourse area to a 50m swimming pool, and that the height of the development would not change, existing views from adjoining properties would not be adversely 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. Waste water would be disposed of to a sewerage drainage point at the time of installation or construction. The proposal is not likely to have an adverse impact in terms of air or water quality.

 

Development Near Busy Roads/Railway Corridors

 

Given that the proposal is for the replacement of an existing pool and the subject site is located away from Epping Road it is not considered that this proposal would adversely impact this or any other road classified as a major road.

 

Safety and Security

 

Remains unchanged where the swimming pool and associated concourse area is to be appropriately fenced or balustraded. Access to the swimming pool and concourse area would be from within the aquatic centre facility.

 

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 No. 1176, Longueville Hotel. Given that the proposed works seek to replace an existing facility, the proposed works would not have any adverse impact on the heritage significance of the item.

Design

 

The proposed works include construction of a concourse to an approved outdoor pool. The design of the concourse provides a functional surround to the pool and related infrastructure.

 

Part F - Access and Mobility

 

As part of the Development Application an Access Report has been prepared by ABE Consulting. Council is taking the opportunity to provide an improved water access to accommodate mobile restricted patrons 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

The proposed works would not adversely affect existing landscaping on site however three trees would need to be removed at the southern section of the concourse area. Two of the trees are mature natives although not locally indigenous (E. Tereticornis and E. botryoides) and the other tree is a small Leptospermum spp. The trees are of moderate landscape value in a fair condition structurally. The trees would be replaced with advanced trees around the perimeter of the completed development. It is recommended that a draft condition be imposed to require submission of a landscape plan prior to construction. One E. saligna would be subject to minor impact and would require protecting for the duration of the development.

 

Part N - Signage and Advertising

 

There is no signage proposed as part of this application.

 

Part O - Stormwater Management

 

The stormwater runoff would connect to the existing system. The Development Application was referred to Council's Development Engineer who has endorsed 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

 

Adverse environmental impacts are not anticipated given the the concourse and associated works are to replace an existing concourse although with changed design and construction.

 

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. Any likely hazard was addressed and are relevant to the pool structure approved under DA10/2019.

 

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. Waste water would be disposed of to a sewerage drainage point at the time of installation or construction.

 

Soil and Water Management

 

No adverse soil or water management issues have been identified.

 

Flora and Fauna

 

In view of the urban 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 construction of the concourse area to the approved swimming 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. The provision of electricity and water is available to the site. Construction of the works would not disrupt the operation of nearby public transport and car parking. 

 

Impact on Parking and Traffic

 

The traffic generated by the proposed works are restricted to construction only. 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 concourse area surrounding the approved swimming pool would provide a hard stand pool surround and entry to the pool while covering and housing necessary pool infrastructure. In addition, the works along the approved 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 concourse area would replace an existing area and the site remains suitable for the proposed development.


 

 

Section 4.15(1)(d) Any Submissions

 

No submissions have been received as part of this Development Application.

 

Section 4.15(1)(e) The Public Interest

 

The proposed concourse area would replace an existing area 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 swimming pool concourse area to provide for an upgraded and new facility for the use of the community and 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 at it’s meeting of 23 May 2019, grant consent to:

·    Development Application DA 31/2019

·    For the construction of a concourse area to surround an outdoor swimming pool and associated works at Phoenix Street (also known as No. 2 Little Street)

 

subject to the following:

 

General Conditions

 

1.         That the development be strictly in accordance with:

·    Drawing numbers DA2.100, Rev F, DA2.101 Rev F, DA2.200, Rev F and DA2.300 REV F

·    Dated 15/5/19

·    By Team 2 Architects, and

·    Accessibility Review Report – DA Review Report Version: ADR_9018_DA2_v1.0 prepared by ABE Consulting dated 4 March 2019.

 

except as amended by the following conditions.

 

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

 

2.         A Landscape Plan is to be prepared and submitted to Council prior to construction.

 

Reason: To ensure the development is satisfactorily landscaped and which addresses the tree preservation conditions below.

 

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

 

            Reason: Statutory requirement.

 

5.         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.         An Occupation Certificate being obtained from the Principal Certifier prior to occupation.

 

           

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

 

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

 

            Reason: To protect the environment.

 

13.       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.

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

d)      Completion.

 

            Reason: Statutory requirement.

 

14.       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; and

e)         structural steelwork.

 

            Reason: Statutory requirement.

 

15.       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.

 

16.       All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

            Reason: To ensure public safety.

 

17.       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.

 

18.       Compliance with the Waste Management Plan submitted with this application.

 

            Reason: To protect the surrounding environment.

 

19.       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.

 

20.       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

 

21.       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:

 

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

 

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

 

(ii)        General Conditions:

 

24.     Dust Control

The following measures must be taken to control the emission of dust:

 

a)      Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work

b)     Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter

c)     All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system

d)     All stockpiles of materials that are likely to generate dust must be kept damp or covered

e)     Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

25.     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.

 

26.     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.

 

 

 

27.     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)

 

28.     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.

 

29.     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

 

30.     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 The storage and handling of flammable and combustible liquids and with Workcover

           NSW requirements.

 

31.       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.

 

32.      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).

 

33.       Offsite Disposal of Contaminated Soil

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

 

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

 

 

Tree Preservation Conditions

 

34.       Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove             local government area in accordance with State Environmental Planning Policy (Vegetation             in non-rural areas) 2017. Part 2 Section 7(1) of the SEPP states “A person must not clear             vegetation in any non-rural area of the State to which Part 3 applies without the authority             conferred by a permit granted by the council under that Part.” Clearing of vegetation             includes “a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the             vegetation, or b) lop or otherwise remove a substantial part of the vegetation.” Removal of             trees or vegetation protected by the regulation is an offence against the Environmental             Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in             respect to any such offence is $1,100,000.

 

35.       This consent gives approval for the removal of three trees (E. Tereticornis, E. botryoides             and Leptospermum spp) on the southern boundary of the site, in vicinity of the existing filter             tanks. Councils Arborist is to mark the trees prior to their removal.

 

36.       The E. saligna located on the southern boundary close to the existing footpath on Pottery             Green is to be retained and protected for the life of the development.

 

37.       Trees removed as part of the DA process must be replaced at a ratio of no 1:1 and all                  plantings/landscaping must comply with part J Landscaping of the Lane Cove Development             Control Plan 2010 and be installed prior to the issue of the Occupation Certificate.

 

38.       There is to be no soil disturbance within 2.8 metres of the E. saligna identified for retention             to the south of the development. All works are to be maintained at least 4.3 metres setback             from the tree trunk.

 

39.       Footing, trench or excavation that is within 6.2 metres of any retained trees must be carried             out under the guidance of the Project Arborist and using non-destructive techniques. No             tree roots greater than 40mm diameter to be severed or damaged unless approved by the             Project Arborist. All roots are to be pruned and documented by the Project Arborist then               submitted with the final certificate of compliance upon completion of the project. Prior to             the issue of Occupation Certificate. Once Complete and roots have been pruned clear of             the area, civil machinery may resume excavation from outside of the tree protection zone.

 

40.       A 1.8 m high chain mesh fence shall be erected at least 4.3 metres radius from the retained             E. saligna at the south of the site.  The fenced area must not be used for the storage of             building materials, machinery, site sheds, or for advertising and the soil levels within the             fenced area shall remain undisturbed.

A waterproof sign must be placed on every second panel stating, ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work. 

 

41.       All sediment control must be located at the outer edge of any established tree protection             zone area.

 

 

General Engineering Conditions

42.       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.

 

43.       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.

 

 

44.       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.

 

45.       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.

 

46.       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.

 

47.       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.

 

48.       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.

 

49.       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. Developer must lodge 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.

 

50.       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.

 

Engineering Conditions to be complied with prior to Construction Certificate

 

51.         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.

 

   Reason: To ensure the proposed stormwater designs meet and satisfy Part O, Council DCP.

 

Engineering Condition to be complied with prior to Occupation Certificate

 

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

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

 

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

 

 

 

 

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Notification Plan

2 Pages

 

AT‑2View

Site Plan

1 Page

 

 


 

Attachment 1                                                                                         Notification Plan

 

 PDF Creator


 

PDF Creator


ATTACHMENT 2

Site Plan

 


 

Lane Cove Local Planning Panel Meeting 23 May 2019

13 Point Road Northwood

 

 

Subject:          13 Point Road Northwood    

Record No:    DA19/45-01 - 21601/19

Division:         Environmental Services Division

Author(s):      Christopher Shortt 

 

 

 

Property:

13 Point Road Northwood

DA No:

DA 2019/45

Date Lodged:

15 April 2019

Cost of Work:

$262,350.00

Owner:

Karola Brent

Applicant:                        

Karola Brent

 

Description of the proposal to appear on determination

Proposed swimming pool and spa at the rear of the existing dwelling house.

Zone

R2 Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 1a and 10b

Stop the Clock used

No

Notification

Neighbours                             7, 8, 9, 9A, 11, 12,13, 14, 15, 15A, 16 Point Road.            

Progress Association             Longueville Residents Association

 

REASON FOR REFERRAL:

 

This development application is referred to the Lane Cove Local Panel given that the applicant is a Councilor for Lane Cove Council. 

 

EXECUTIVE SUMMARY:

 

The proposal is for a swimming pool and spa at the rear of an existing dwelling house.

The proposal would not change the Floor Space Ratio or Height development standards of the Lane Cove Local Environmental Plan 2009.

The proposal complies with the majority of the provisions of the Lane Cove Development Control Plan 2010. Two numerical non-compliances are considered minor. They relate to pool coping height and distance from the property boundary.

The application was notified in accordance with Council’s notification policy and no submission were received.

 

The proposal is recommended for approval subject to draft conditions.


 

 

SITE

 

The site is located at the southern side of Point Road and is legally known as Lot 1 of Deposited Plan 306627. The site has an area of 1699.4 sqm and slopes from the north (front boundary at Point Road) to the south at the rear.

 

The site contains a multi-storey free-standing dwelling with a double garage at the north end of the site at the Point Road frontage. The site also has access from a shared jetty at the rear which extends from the Lane Cove River.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PREVIOUS APPROVALS/HISTORY

 

D/2004/296. On 7th February 2005 consent was granted for a 20m x 5m reinforced concrete swimming pool approximately 4m above the mean high-water mark. This consent was never acted upon.

 

PROPOSAL

 

Proposed additions to rear yard of residential dwelling. Works include.

 

·    Construction of a semi in-ground reinforced concrete swimming pool with an integral spa and surrounding walkway;

·    Pool and spa would have a combined volume of 49,600L;

·    1200mm high glass and timber childproof safety fence and associated child proof gate located on eastern side of pool;

·    Excavation up to 1m in depth; and

·    Associated landscaping.

 

 

    Figure 1: Area proposed for pool viewed from lower lawn.              Figure 2: Perspective of proposed pool.

 

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 Low Density                                 Site Area:                               1699.4m²

 

 

Proposed

Control

Complies

Floor Space Ratio

No change

0.5:1

Unchanged

Height of Buildings

No change

9.5m

Unchanged

 


 

 

Comprehensive DCP

 

 

Proposed

Control

Complies

Rear setback (min)

24.8m = 27%

Building setback is >1000m²: 10m or 35%

 

However swimming pools permitted within setback area.

Yes

Landscaped area (min) (Minimum width of 1m required to be included in area)

52.8%

35%

Yes

Foreshore Building Line (min)

Pool will be located 24.8m from the mean high-water line.

 It will not be highly visible from water. It is low level with clear glass fence facing the water.

 

It is considered to be sympathetic to the site and surrounds and will not result in visual clutter.

Structures such as swimming pools stairs and landings are acceptable within the foreshore setback line subject to:

 

-Being in character with the locality

-height being close as possible to ground level

-use of materials/colours blend with foreshore vegetation/landscape

-minimise visual clutter

Yes

Cut and Fill (max)

1m

1m

Yes

Solar Access

No impacts

3 hrs to north-facing windows

Yes

Private open space

Greater than 800sqm

24 m² (min)

4m minimum depth

Yes

Basix

Submitted

Required

Yes

 

 

Private Swimming Pools

 

 

Proposed

Control

Complies

Setback to Neighbour’s House (min)

 

Setback over 30m to neighbors’ house.

 

 

3m to waterline from any dwelling

Yes

 

Setback to boundary (min)

2.64m from waterline to side boundary

1m to waterline

Yes

The maximum permitted pool coping height on

steeply sloping sites

2.9m

1.8m

No

 

Refer to variations to Council’s codes section.

Setback from boundary if coping is above ground level (existing) (min)

Coping height = 2.9m

Setback = 2.64m

Setback Ratio

(1:0.91)

Coping to be set back at a ratio of 1:1

No

Minor variation

Refer to variations to Council’s codes section.

Tree setback

Pool would be located greater than 3m from base of the nearest tree.

Pools setback at least 3m from trees over 5m in height

Yes

Pool pump/ filter

Pool equipment will be enclosed in acoustic enclosure

To be located as far as possible from neighboring dwellings

Yes

 

REFERRALS

 

Development Engineer

 

No objections subject to recommended draft conditions.

 

Tree Officer

 

No objections subject to recommended draft conditions.

 

Lane Cove LOCAL Environmental Plan 2009 (Section 79c(1)(a))

 

The proposal is permissible, complies with the development standards for Floor Space Ratio and height and does not raise any issues in regard to the Lane Cove Local Environmental Plan 2009.

 

Other Planning Instruments

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

The site at 13 Point Road is subject to the controls of the SREP as it is within proximity to Sydney Harbour. Pursuant to Clause 5, the Consent Authority for land-based development is the council of that Local Government Area. Land based development means any development carried out wholly above the mean high-water mark. In this instance the development seeks approval for the construction of a swimming pool with partially clear glass (east side) and timber (west side) child safety fence. The distance from the mean high-water mark is approximately 24.8m and therefore it would not be highly visible from Sydney Harbour. No significant trees are proposed to be removed. In this regard the proposal complies with the SREP and is considered acceptable.

 

SEPP 55 Remediation of Land

 

The subject site and adjoining sites are zoned for residential purposes. Given the types of uses permissible within the residential zones, it is unlikely that the site would be contaminated.

 

APPLICABLE REGULATIONS

 

The Environmental Planning and Assessment Regulation 2000 indicates that the standards for demolition and removal of materials should meet with AS 2601-2001 and therefore any consent would require the application of a relevant condition seeking compliance with the Standard.


 

 

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

 

The preceding policy assessment table identifies those controls that the proposal does not comply with.  Each of the departures is discussed below.

 

Clause 1.10.1 (f) On deeply sloping sites, the coping of the pool is not to be more than 1.8m above ground level existing. The application proposes a coping with a maximum of 2.9m above ground level.

 

Comment: The non-compliance is considered acceptable in this instance as the pool is proposed to be built off the existing shelf and use the existing floor levels. Compliance with the control would require significant excavation and modification of existing natural ground levels. Given the significant slope of the site the proposal is considered acceptable.

 

Clause 1.10.1 (g) Where the coping of the pool is above ground level (existing) then the setback from the lot boundary is to be at a ratio of 1:1 to ensure the raised area of the pool does not impact on the amenity of neighbours.

 

Comment: The coping height is 2.9m above natural ground level and is setback 2.64m from the property boundary or a ratio of 1.1:1. The non-compliance is acceptable in this instance as it is only 6cm which is considered to be minor. The proposed pool is adjacent to the garden of 14 Point Road but would be located over 30m from the neighbouring dwelling house. It is not considered to result in adverse privacy impacts. Beyond the 30m separation distance, the pool fence facing towards 14 Point Road is proposed to be constructed with timber (not clear glass) to allow for additional screening between the pool and dwelling house.

 

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

 

No submissions were received in response to the notification of the development application.

 

CONCLUSION

 

The matters in relation to Section 79 C of the Environmental Planning and Assessment Act 1979 have been satisfied.

 

The Floor Space Ratio and Height development standards remain unchanged as required in the Lane Cove Local Environmental Plan 2009. The proposal complies with all the objectives and the majority of the provisions of the Lane Cove Development Control Plan 2010. The two numerical non-compliances are considered minor. They relate to pool coping height and distance from the property boundary.

 

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

 

 


 

RECOMMENDATION

 

That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at it’s meeting on 23 May 2019, grant consent to:

·    Development Application DA19/41

·    For construction of a swimming pool integral spa with surrounding decking at rear of dwelling.

·    On 13 Point Road Northwood.

 

subject to the following conditions:

 

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

 

 

Drawing:

Prepared by:

Dated:

A04-19

DA-01

Site Plan & site Analysis Plan

Pool Plans By Design

03.04.19

A04-19

DA-02

Pool Locality Plan

Pool Plans By Design

10.04.19

A04-19

DA-03

Pool Plan and Sections

Pool Plans By Design

11.04.19

 A04-19

DA-04

Elevations

Pool Plans By Design

11.04.19

A04-19

DA-05

Excavation

Pool Plans By Design

11.04.19

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Except as amended by the following conditions.

 

2.         (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.

 

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

 

            Reason: Statutory requirement.

 

4.         (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.

 

5.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the Principal Certifier (PC) that they have complied with the applicable requirements of Part 6.  Council as the PC will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $20,000.

 

            Reason: Statutory requirement.

 

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

 

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

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

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.       (52) The swimming pool being surrounded by a fence:-

 

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

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

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

 

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

 

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

 

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

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

 

            Reason: Statutory requirement.

 

12.       (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

            Reason: Statutory requirement.

 

13.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

Reason: Statutory requirement.

 

14.       (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

 

            Reason: To ensure compliance with the Australian Standards.

 

15.       Standard Condition (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.

c)      Pool reinforcement prior to placement of concrete.

d)      The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

e)      Stormwater drainage lines prior to backfilling.

f)       Completion.

 

            Reason: Statutory requirement.

 

General Engineering Conditions

 

16.       (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.

 

17.       (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.

 

18.       (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.

 

19.       (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.

 

20.       (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.

 

21.       (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.

 

22.       (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.

 

23.       (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. Developer must lodge 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.

 

24.       (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

 

Engineering conditions to be complied with prior to Construction Certificate

 

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

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

 

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

 

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

 

  Reason:  To ensure the proposed stormwater designs meet and satisfy Part O, Council DCP.

 

26.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a             $3000 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.

 

  Reason:   To protect and maintain public infrastructure.

 

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

Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate.

 

  Reason:  To ensure adequate management of overland flow.

 

Engineering condition to be complied with prior to commencement of construction

 

28.       (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.

 

Engineering condition to be complied with prior to Occupation Certificate

 

29.       (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed             Plumber or a suitably qualified Engineer must be obtained for the following matters. The             plumber is to provide a copy of their registration papers with the certificate. The relevant             Certificates are to be submitted to the Principal Certifying Authority prior to issue of any             Occupation Certificate.

 

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

 

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

 

Tree Conditions

 

30.     Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area in accordance with State Environmental Planning Policy (Vegetation in non-rural areas) 2017. Part 2 Section 7(1) of the SEPP states “A person must not clear vegetation in any non-rural area of the State to which Part 3 applies without the authority conferred by a permit granted by the council under that Part.” Clearing of vegetation includes “a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or b) lop or otherwise remove a substantial part of the vegetation.” Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000.

 

31.     There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish within 4 (four) metres of any retained tree on site.

 

32.     This consent gives approval for the removal of five Magnolia Spp. located at the rear of the site upon issue of the Construction Certificate only.

 

33.     Trees removed as part of the DA process must be replaced at a ratio of no 1:1 and all plantings/landscaping must comply with part J Landscaping of the Lane Cove Development Control Plan 2010 and be installed prior to the issue of the Occupation Certificate.

 

34.     Replacement trees are to be installed by a qualified Horticulturalist; the tree(s) are to be provided with support stakes, mulch and initial watering. All costs remain the applicant’s responsibility and the replacement tree be installed prior to the issue of the Occupation Certificate.

 

 

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Neighbour Notification Plan

2 Pages

 

AT‑2View

Site Location Plan

2 Pages

 

 

 


ATTACHMENT 1

Neighbour Notification Plan

 

PDF Creator


 

PDF Creator


ATTACHMENT 2

Site Location Plan

 


 


 

Lane Cove Local Planning Panel Meeting 23 May 2019

1-7 Merinda Street and 11-17 Willandra Street, Lane Cove North

 

 

Subject:          1-7 Merinda Street and 11-17 Willandra Street, Lane Cove North    

Record No:    DA18/162-01 - 18680/19

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

 

Property:

1-7 Merinda Street and 11-17 Willandra Street, Lane Cove North

DA No:

DA162/2018

Date Lodged:

12 September 2018

Cost of Work:

$29,501,518.00

Owner:

Department of Housing (15 Willandra and 1-3 Merinda Street)

Willandra Lane Cove Pty Ltd (11-13 and 17 Willandra and 5-7 Merinda Street)

Applicant:                        

Hyecorp Property Group Pty Ltd

 

Description of the proposal to appear on determination

Demolition of existing structures and construction of a residential flat building development and a café

Zone

R4 High Density Residential

Permissibility

Permitted with consent under LCLEP 2009

Is the property a heritage item or within a heritage conservation area

No

Is the property adjacent to bushland

Yes

NCC Classification

Class 2, 6 and 7a

Notification

Notified in accordance with Council policy and 16 submissions received (Notification plan (AT1) attached).             

Clause 4.6 Variation

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

 

REASON FOR REFERRAL

 

The Development Application is referred to the Lane Cove Local Planning Panel as the development:

 

·    Is the subject of 10 or more unique submissions by way of objection;

·    Is sensitive being development to which State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development applies; and

·    A variation to the building height development standard of 13.7% is proposed (being greater than the 10% threshold).

 

EXECUTIVE SUMMARY

 

The Development Application is for the construction of a part 5/6 storey residential flat building development for 105 units (3 x studio, 42 x 1 bedroom, 37 x 2 bedroom and 23 x 3 bedroom) and basement parking for 174 vehicles. A café is also proposed.

 

The proposal has been assessed with respect to SEPP 65 – Design Quality of Residential Apartment Development. The proposed residential flat building generally meets with the design quality principles of SEPP 65 and the design criteria of the Apartment Design Guide. The proposal provides for additional building separation to the E4 zoned land to the south and the L-shaped building form does provide for overshadowing impacts when compared with alternative schemes. The proposed is considered satisfactory with respect to SEPP 65 – Design Quality of Residential Apartment Development.

 

The proposal has been assessed against LCLEP 2009. The proposed development comprising a residential flat building and café is permissible in the zone. The proposal meets the Floor Space Ratio standard. The proposal does not meet the building height standard. The maximum building height under LCLEP 2009 is 17.5m. A maximum building height of 19.9m is proposed being a variation of 2.2m (13.7%). The applicant has submitted a Clause 4.6 written request which is considered in this report. The request is considered to demonstrate environmental planning grounds for the departure and that applying the standard is unreasonable or unnecessary in the particular circumstances of this proposal. The proposed building massing would result in a better amenity outcome for the adjoining properties to the south, responds to the topography of the site, and provides for a high level of internal amenity for future occupants. It is recommended that the Lane Cove Local Planning Panel approve the request to vary the development standard.

 

The proposal has been assessed against the provisions of Lane Cove Development Control Plan 2010 with specific reference to the site-specific controls of the Mowbray Road Locality. The proposal complies with Lane Cove Development Control Plan 2010 with the exception of site-specific controls relating to front setbacks, deep soil landscaping, and the setting back of upper storeys. The departures are addressed in the report and are considered acceptable on merit.

 

The proposal was notified in accordance with Council policy and 16 submissions were received. The submissions received are principally from adjoining properties in the surrounding zones including dwellings immediately to the south in the E4 Environmental Living zone. The concerns raised relate to overshadowing, traffic, height and construction impacts. The submissions are addressed in the report. It is recommended that the transition to the E4 Environmental Living zone be improved by providing a greater stepping of the building on Merinda Street.

 

The Development Application is referred to the Lane Cove Local Planning Panel with a recommendation for approval subject to draft conditions.

 

SITE

 

The development site is 1-7 Merinda Street and 11-17 Willandra Street, Lane Cove North, and is legally known as Lot 36-39 and Lot 44-47 in Deposited Plan 35865.

 

The site has a total area of 4768m2. An excerpt of the survey is shown in Figure 1 below. The site would be an amalgamation of eight regular shaped allotment with an overall frontage to Merinda Street of 65.21 metres, a frontage to Willandra Street of 65.17 metres, and a site depth of 73.16 metres. The site is characterised by a cross-fall generally in a north-south direction. For example, the cross fall from Lot 36 and Lot 39 on Willandra Street is 7.61 metres. The cross fall from Lot 47 to Lot 44 on Merinda Street is 6.2 metres. 

 

Figure 1: Site Survey

 

The existing site contains single detached dwelling houses on each allotment and minor ancillary structures. Vehicle access to each dwelling is presently by way of individual driveways from the relevant street frontage (Merinda or Willandra Street). It is noted that vehicle access to No. 17 Willandra Street (Lot 39) is unique given the road is unformed in front of this allotment (refer to Figure 1 above for detail).

 

The site is presently adjoined by four single detached dwellings to the north, three semi-detached dwelling buildings and a Council owned parcel of bushland to the south, Merinda Street to the east, and Willandra Street to the west. Across Merinda Street is located single detached dwellings. Across Willandra Street is located a combination of single dwellings and multi dwelling housing developments. In the wider vicinity the southern end of Willandra Street is unformed and includes a pedestrian access path to Epping Road. The wider locality is characterised by a mix of single dwelling, multi dwelling housing and residential flat building development.

 

The relevant LCLEP 2009 maps relating to site zoning (AT2), building height (AT3) and floor space ratio (AT4) are attached.

 

PREVIOUS APPROVALS/HISTORY

 

There is no previous approvals/history relevant to current application on the subject sites.

 

 


 

 

 

PROPOSAL

 

The Development Application is for the demolition of existing structures and construction of a part 5/6 storey residential flat building development for 105 units (3 x studio, 42 x 1 bedroom, 37 x 2 bedroom and 23 x 3 bedroom), basement parking for 174 vehicles, and the construction of a café.

 

A summary description of the proposed development at each level is provided in the following table:

 

Plan No.

Level

Description

1

Basement 2

·    88 parking spaces including 27 x visitor (1 accessible), 60 x residential (10 accessible) and 1 shop.

·    Vehicular access from Willandra Street.

·    Bin collection point; and

·    Bulky goods store room.

 

2

Basement 1

·    86 residential parking spaces including 12 accessible.

 

3

Ground

·    12 apartments (5 x 1 bedroom, 4 x 2 bedroom and 3 x 3 bedroom)

·    Principal pedestrian entrance from Willandra Street.

·    Cafe outbuilding fronting Willandra Street.

·    Common open space area including outdoor swimming pool and associated facilities.

·    Residential storage areas;

 

4

First

·    20 apartments (11 x 1 bedroom, 6 x 2 bedroom and 3 x 3 bedroom)

·    Principal pedestrian entrance from Merinda Street.

 

5

Second

·    20 apartments (1 x studio, 8 x 1 bedroom, 7 x 2 bedroom and 4 x 3 bedroom)

 

6

Third

·    20 apartments (1 x studio, 8 x 1 bedroom, 7 x 2 bedroom and 4 x 3 bedroom)

 

7

Fourth

·    19 apartments (1 x studio, 9 x 1 bedroom, 6 x 2 bedroom and 3 x 3 bedroom)

 

8

Fifth

·    12 apartments (1 x 1 bedroom, 7 x 2 bedroom and 4 x 3 bedroom)

 

9

Sixth

·    2 apartments (2 x 3 bedroom)

 

 

The proposal is inclusive of 22 adaptable units and more than 80% of the units are visitable units.

 

Vehicle access from Willandra Street by way of a two-way driveway is proposed. On-site waste collection is proposed using the same vehicular access point with maneuvering on-site to allow for forward entry/exit.

 

A café is proposed within the Willandra Street frontage. The café is single storey (with sub-floor services) and has a proposed floor area of 20m2 and small outdoor seating area. The proposed hours of operation are Monday to Sunday 7:00am to 10:00pm.

 

The removal of 16 trees is proposed. All street trees are proposed to be retained. The proposal was accompanied by a landscape plan outlining replacement planting, deep soil areas and retaining wall design.

 

SECTION 4.14 ASSESSMENT

 

The proposal is subject to the provisions of Section 4.14 of the Environmental Planning and Assessment Act, 1979, as the site is mapped as bush fire prone land. A copy of the bush fire prone land map is attached (AT5). The proposal was accompanied by a bushfire report prepared by Australian Bushfire Consulting Services which included an alternative solution to NSW RFS Planning for Bush Fire Protection 2006. The report was referred to the New South Wales Rural Fire Service for review. NSW RFS have accepted the alternative solution and provided recommended draft conditions of consent (refer draft condition 6). The proposal is considered satisfactory with respect to Section 4.14 of the Act.

 

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:

 

 

State Environmental Planning Policy No. 19 – Bushland in Urban Areas

 

The proposal is subject to SEPP No. 19 as the land adjoins bushland reserved for public open space purposes on Willandra Street. The consent authority, in accordance with Clause 9 of the SEPP, is required to take into account:

 

·    the need to retain any bushland on the land,

·    the effect of the proposed development on bushland zoned or reserved for public open space purposes and, in particular, on the erosion of soils, the siltation of streams and waterways and the spread of weeds and exotic plants within the bushland, and

·    any other matters which, in the opinion of the approving or consent authority, are relevant to the protection and preservation of bushland zoned or reserved for public open space purposes.

 

The proposal has been reviewed by Council’s Bushland and Tree Management Sections. The higher quality trees are retained (principally street trees) and the interface and impact on the bushland has been assessed as satisfactory subject to draft conditions of consent. The proposal is considered satisfactory with respect to SEPP No. 19 – Bushland in Urban Areas.

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

The proposal was accompanied by a Preliminary Site Investigation Report by Arcadis which was prepared based on a site walkover and desktop assessment of the historical uses of the site. The report concludes that there is a low risk of contamination on site and that the majority of site soil would be removed during bulk excavation works in any event. On this basis, the report authors are of the view that the site is suitable for the proposed residential development. Council’s Environmental Health Manager has reviewed the report and raises no objections. The proposal is considered satisfactory with respect to SEPP No. 55 – Remediation of Land.

 

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

 

A BASIX certificate has been submitted. The certificate demonstrates compliance with the provisions of the SEPP and is consistent with the commitments identified in the application documentation.  A standard condition has been included as a draft condition of consent requiring compliance with this BASIX certificate. The proposal is considered satisfactory with respect to SEPP (BASIX) 2004.

 

State Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

The subject site is not mapped as being subject to SREP (Sydney Harbour Catchment) 2005.

 

SEPP 65 – Design Quality of Residential Apartment Development

 

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

 

·    The 9 SEPP 65 Design Quality Principles; and

·    The NSW Apartment Design Guide (ADG) guidelines.

 

The proposal meets with the design quality principles and the Apartment Design Guide. A copy of the applicant’s design verification statement is attached (AT6). A copy of the SEPP 65 peer review assessment undertaken by Tim Williams Architects against the design quality principles and a compliance table against the design criteria of the Apartment Design Guide is also attached (AT7)

 

Lane Cove Local Environmental Plan 2009

 

Permissibility

 

The subject site is zoned R4 High Density Residential under LCLEP 2009. The following land uses are listed as permitted with consent in the zone:

 

residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.

 

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.

 

Both the residential flat building and café meet the respective definitions under LCLEP 2009. The operational parameters for the café are outlined within the assessment against Lane Cove Development Control Plan 2010. The proposal is considered satisfactory with respect to permissibility under LCLEP 2009.

 

 


 

 

 

Development Standards

 

The proposal has been assessed against the applicable development standards within LCLEP 2009 as detailed in the following table of compliance:

 

Lane Cove LEP 2009

Proposal

Compliance

4.3 Height

17.5m

19.1m (uppermost residential level)

19.9m (lift overrun uppermost)

18.7m (lift overrun south)

No, 2.2m departure (13.7%) – however Clause 4.6 that was submitted is supported – refer below.

4.4 FSR

1.80:1 (8,582.4m2)

1.79:1 (8,554m2)

Yes

 

Clause 4.3 - Height of Buildings

 

A maximum building height of 17.5m applies to the site under LCLEP 2009. The proposed building proposes a maximum building height of 19.1m (9.1% variation) to the upper level apartments, 19.9m (13.7%) to the uppermost lift overrun and 18.7m (6.9% variation) for a lift overrun to the southern-most lift overrun, as demonstrated in Figure 2 and Figure 3 below with the non-compliances shaded red.

 

Figure 2: Proposed Variation to Building Height (North to South – Left to Right)

 

 

Figure 3: Proposed Variation to Building Height (West to East – Left to Right)

 

The breach in height is primarily a result of the topography of the site and amendments made to the architectural plans during the course of the assessment of the proposal. The amended scheme deleted 4 subterranean units on the northern edge of the development, which enabled the dropping of the development as a whole by 500mm. An additional storey on the northern edge of the development was introduced providing 2 additional units. The overall number of units dropped from 107 to 105 but a part additional storey was added. The revised scheme was accompanied by a Clause 4.6 written request to vary the standard.

 

Clause 4.6 Exceptions to development standards

 

Clause 4.6 of LCLEP 2009 allows exceptions to development standards.  Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard. This written request must demonstrate compliance with the relevant provisions of Clause 4.6 of LCLEP 2009.  These matters are discussed below:

 

Written request provided by the applicant

 

The applicant provided a written request seeking a variation to the development standard with the lodged application.  A copy is provided to the Panel (AT8). Under Clause 4.6(3) the applicant is required to demonstrate:

 

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

 

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

 

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

 

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

 

·    The objectives of the standard are achieved notwithstanding the non-compliance with the numerical standard (First Method).

 

The proposed building presents as predominantly within the maximum height of buildings as it presents to the street and is consistent with the desired character of the locality.

The proposal minimises overshadowing, loss of privacy and visual impacts for the neighbouring properties, particularly where zones meet.

The proposal maximises solar access for the public domain where the breach to the height control is located centrally to the proposed building and the shadows cast are demonstrated as being within the shadows of the compliant portions of the building.

 

Compliance with the development standard is considered to be unreasonable or unnecessary in the circumstances of the subject proposal. The written request does clearly demonstrate that the breaches to height are the result of massing decisions that meet with the objectives of the development standard, and that the variations would not result in any additional impacts compared to a compliant scheme. Clause 4.6(3)(a) is considered to be satisfied.

 

2.       Environmental planning grounds to justifying contravening the development standard.

 

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

 

The applicant has argued that:

 

·        The sites at 9-19 Merinda Street are zoned E4 Environmental Living. In recognition of this change in zoning and scale the proposal has been sited in an L-shaped configuration which at its closest point provides a 8.5m-9.0m separation but for the most part is in excess of 25m away from the common boundary up to 36m. This seeks to respect the change in zonings and preserve the solar access, and outlook for adjoining dwellings. The massing of the building to the north results in a localised breach to the 17.5m height control.

 

·        The amended proposal has taken advantage of the flatter parts of the land to locate the part of the massing which fronts Merinda Street and Willandra Street so that both of these frontages comply with the height control, the lower level units are at or above natural ground level, and a part storage level is introduced.

 

·        The amendment has lowered the floor level by 0.5m for all the development so that the development is more responsive to existing natural ground level. The amendments result in a localized breach in the 17.5m height limit for part of the upper residential level as the units were in part relocated to the upper-most residential level.

 

·        The additional storey is set back from all neighbours so as to not give rise to any adverse amenity impacts. It is set well back from the parapet and has minimal impact upon the streetscape and presentation of the building.

 

The building massing, when compared to alternatives, does provide for a better outcome for the properties to the south. The submitted design verification statement (AT6) provides examples of alternatives. Given the north-south orientation of the allotments the massing would be the most significant contributing factor to solar access to the southern adjoining properties. The proposal provides for a design that in effect removes building massing from the majority of No. 15 and 17 Willandra Street (existing) that may have been otherwise provided if the four allotments on Merinda Street and the four allotments on Willandra Street were developed independently.

 

The amended scheme is more responsive to the topography of the site and results in a lower height interfacing with the southern adjoining properties (noting the amendment further required to the leading roof edge at the fifth floor under draft recommended condition 1A). The environmental planning grounds provided are considered satisfactory. Clause 4.6(3)(b) is considered to be satisfied.

 

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

 

Development consent cannot be granted to vary a development standard unless a consent authority is satisfied that the proposed development would be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out. An assessment against the objectives of building height and the R4 High Density Residential zone contained within LCLEP 2009 are provided as follows:

 

Height of Building Objectives

 

Clause 4.3 (1) provides the following objectives:-

 

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

 

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

 

The most significant solar access impact is to No. 9-11 Merinda Street. The height breaches do not result in any additional overshadowing of No. 9-11 Merinda Street.

 

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

 

Comment: The variation to the lift overrun and uppermost residential level do not result in any privacy and visual impacts to surrounding developments.

 

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

 

Comment:  The proposed development provides adequate solar access to the public domain.

 

(d)  to relate development to topography

 

Comment:  The proposed development has been amended to be more responsive to the topography of the site including the removal of subterranean units and the overall lowering of the building by 500mm. The resulting design is one that better relates to the cross-fall along both Merinda and Willandra Streets.


 

 

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

 

R4 High Density Residential Zone Objectives

 

The R4 High Density Residential Zone objectives are as follows:

 

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

 

Comment: The proposal provides 105 apartments to meet the housing needs of the community in accordance with the established strategic planning for the locality. The amendments made to the proposal resulting in a breach in height would provide for a higher amenity for future occupants.

 

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

 

Comment: The proposal provides for a variety of unit types within a high density residential environment.

 

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

 

Comment: The proposal provides for a café which can assist in meeting the day to day needs of residents in accordance with the objectives of the zone.

 

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

 

Comment: The proposal has good access to Epping Road and Mowbray Road public transportation services.

 

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

 

Comment: The proposed building design has regard to the existing amenity of residences in the neighbourhood and in particular residential land and properties south of the site zoned E4.

 

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

 

Comment: No. 28-34 Mindarie Street are capable of being developed together. A court approval exists over No. 30-32 Mindarie Street that determined both No. 28 and 34 Mindarie Street do not agree to reasonable offers made. The subject Development Application was lodged prior to the court judgement being made and at a time at which the proposal at No. 30-32 Mindarie Street had been refused by Council. It is not considered reasonable for the subject proposal to be held-up in order to commence property negotiations and undertake a redesign. The court process determined both No. 28 and No. 34 could be developed in isolation for a similar form of development (subject to Council approval).

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

 

Comment: The proposal provides for landscaped areas well in excess of Apartment Design Guide requirements including appropriate streetscape and boundary plantings. The resulting landscape scheme would contribute to local amenity and the broader landscaped character of the residential environment.        

 

In accordance with the above, the development complies with the LEP 2009 objectives for the R4 High Density Residential zone.

 

4.       Concurrence of the Director General.

 

It is understood that the Local Planning Panel can assume concurrence for exceptions to development standards where the variation to the development standard is greater than 10%.  As the proposal is referred to the Local Planning Panel for determination concurrence is taken to be assumed.

 

5.         Conclusion

 

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

 

 

 

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

 

 

Draft Remediation of Land SEPP

 

The Draft Remediation of Land SEPP was subject to public exhibition between 31 January and 13 April 2018. The Draft SEPP maintains the overarching objectives being to promote the remediation of land to reduce the risk of potential harm to human health or the environment. The new draft measures primarily relate to scenarios where more complex remediation/ongoing management is required, and where the certification of remediation works is undertaken as development not requiring consent. While the Draft does consider introducing planning guidelines for the assessment/preparation of preliminary site investigations, such as the one lodged with the subject Development Application, the report has been reviewed in detail and is sufficient for its purpose. The proposal is not inconsistent with the Draft Remediation of Land SEPP.

 

Draft Environment SEPP

 

The Draft Environment SEPP was subject to public exhibition between 31 October 2017 and 31 January 2018. The Draft Environment SEPP proposes to consolidate seven existing state environmental planning instruments including SEPP No. 19 – Bushland in Urban Areas and SREP (Sydney Harbour Catchment) 2005. The intent of the SEPP is to consolidate and simplify existing provisions and as such the assessment undertaken for the purposes of this application is not inconsistent with the Draft Environment SEPP.


 

 

 

(iii)       Any development control plan

 

 

Lane Cove Development Control Plan 2010

 

The proposal has been assessed against Lane Cove Development Control Plan 2010 as outlined in the following tables of compliance:

 

PART B – GENERAL

 

PART B – GENERAL

DCP Control

Proposed

Complies

B3 Site Amalgamation & Isolated site

Development for the purpose of residential flat buildings and high density housing should not result in the isolation of sites such that they cannot be developed in compliance with the relevant planning controls, including Lane Cove LEP 2009 and this DCP.

 

No. 28-34 Mindarie Street are capable of being developed together. An amalgamation of these lots would result in a better and more efficient use of the site. A court approval exists over No. 30-32 Mindarie Street that determined both No. 28 and 34 Mindarie Street do not agree to reasonable offers made. The subject Development Application was lodged prior to the court judgement being made and at a time at which the proposal at No. 30-32 Mindarie Street had been refused by Council. It is not considered reasonable for the subject proposal to be held-up in order to commence property negotiations and undertake a redesign. The court process determined both No. 28 and No. 34 could be developed under LCLEP 2009 (subject to Council approval).

 

Yes

B.6 Environmental Management

6.3 Energy and Water Efficiency for Buildings

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

 

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

Yes

B.7 Developments near Busy Roads and Rail Corridors

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

 

The proposal is located within a noise sensitive area, being in close proximity to Epping Road. Council’s Environmental Health Manager has reviewed the proposal and raises no objections subject to conditions.

 

Yes

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

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

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

 

Satisfactory.

Yes

B.8 Safety and Security

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

 

Casual surveillance has been provided from the ground floor apartments. 

Yes

8.1 Activation

8.1.1 General

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

 

Adequate street access has been provided.

Yes

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

 

The development is orientated towards Merinda and Willandra Street and provides for uses at the ground floor that promote activity including communal open space, ground floor apartments and a café.

 

Yes

8.1.2 Residential development

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

 

The proposed development has direct access from the street to the lift lobbies with habitable room windows facing Willandra and Merinda Street.

Yes

8.2 Passive Surveillance

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

 

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

Yes

 


 

 

PART C – RESIDENTIAL DEVELOPMENT

 

PART C RESIDENTIAL DEVELOPMENT

DCP Control

Proposed

Complies

C.3 Residential Flat Buildings

3.2 Density

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

The subject site has an area of 4,768m². 

 

Yes

3.3 Building Depth

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

The building depth is 15.5m-18m. The building depth expands for corner apartments however this is considered satisfactory given the extent of solar access and natural ventilation available in these locations.

 

Yes

This depth is exclusive of balconies

Depth is exclusive of balconies.

 

Yes

3.4 Building Width

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

 

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

 

The proposal provides for a 30m building width to Willandra Street and 50m to Merinda Street. The reduced width to Willandra Street affords more solar access to the southern adjoin properties in the afternoon period. The increased width the Merinda Street is suitably articulated and steps with the topography of the street.

 

Yes

 

3.5 Setbacks

3.5.1 Front/Street

The front setback of the building shall be consistent with the prevailing setback along the street (refer Diagram No.1) or where there is no prevailing setback, 7.5m.

 

Willandra min. 7.5m

 

Merinda min. 6.0m

 

The proposed front setback to Merinda Street varies from 6.0m to 10.5m. 

 

The width of the encroachment forward of 7.5m is minimal to the Merinda Street frontage being approximately 6m.

 

Further, the amendments proposed to the scheme in draft condition 1A would allow for a three storey transition to the E4 zone which will reduce the impact of the encroachment.

 

The variation is not inconsistent with the objectives for setbacks and allows for suitable landscaping to the street and for public/private domain transition.

 

Yes

 

No, however considered satisfactory on merit.

 

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

 

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

Yes

3.5.2 Side and Rear

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

 

6m up to 4 storeys

9m for 5-8 storeys

 

Side setback:

 

Northern boundary:

Up to four storeys: 6m (with allowable balcony encroachment)

5-6 storeys: 9m

 

Southern Boundary:

 

Up to 4 storeys: 8.5m to 9.0m

5th storey: 12m (subject to amendment deleting balcony and roof overhang as per draft condition 1A).

 

 

 

Yes

 

 

 

 

 

Yes

 

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

 

Not applicable.

N/A

3.5.3 General

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

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

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

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

 

 

 

 

 

N/A

 

 

 

 

 

Articulation provided and balconies no more than 500mm.

 

 

N/A

 

 

 

 

 

N/A

 

 

 

 

Yes

 

 

 

N/A

 

 

3.6 Building Separation (within developments)

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

Refer to Part 3F of ADG Compliance table.

SEPP 65 – DCP provisions are of no effect.

 

3.8 Excavation

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

 

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

Yes

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

 

Topography has been considered within the design.

Yes

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

 

Adequate deep soil provisions under ADG have been provided.

Yes

3.9 Design of Roof Top Areas

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

 

Balconies have been designed to maximise visual and acoustic privacy.

Yes

3.10 Size and mix of dwellings

 

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

 

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

N/A

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

·   3 x studio (3%)

·   42 x 1 bedroom (40%);

·   37 x 2 bedroom (35%)

·   23 x 3 bedroom (22%)

 

Apartment mix is acceptable.

 

Yes

3.11 Private Open Space (balconies and terraces)

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

3.13 Storage

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

3.15 Natural Ventilation

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

3.16 Visual privacy

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

3.17 Communal Open Space

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

 

35.2%

Yes

3.18 Landscaped Area

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

 

42.44% landscaped area provided with 26.53% deep soil planting.

Yes

3.19 Planting on structures

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

 

PART C – RESIDENTIAL LOCALITIES 

 

PART C RESIDENTIAL LOCALITIES

DCP Control

Proposed

Complies

Locality 6

A 17.5m height limit is to correspond with a maximum height of 5 storeys. 

The proposal has a maximum of six storeys to any street or boundary interface. The merits of the height breach have been considered in the report and a variation to height is considered warranted in the circumstances of this proposal.

 

No, however considered satisfactory on merit.

 

Any 5th storey is to have a maximum of 50% floor area of the storey below, and be set back 3m from that lower storey’s building façade line.

 

The proposal provides for an appropriate reduction in the massing of the upper two levels particular away from the southern tips of both the Willandra and Merinda frontages. The uppermost level is set back 3m from the façade line below the Merinda Street frontage. The proposal has a whole provides for an appropriate reduction in scale commensurate with other residential flat buildings in the locality. A variation is considered supportable on merit.

 

No, however considered satisfactory on merit.

 

A minimum deep soil area of 40% of the site is to be provided for residential flat buildings.

 

The proposal provides for deep soil zones (26.53%) in excess of the ADG (7-15%) and provides for on structure planting to provide for a total of 42.44% landscaping. Importantly, the on structure planting is not rooftop and this is representative of the ground plane area equating to 40% of the site. Accordingly, the building massing does not exceed 60% of the site, and the proposal can subject to establishment of landscaping, provide for a high quality landscaped environment that is suitable for the locality.

 

No, however considered satisfactory on merit.

 

Tree retention, and the planting of new trees, is to be encouraged. Driveway design should avoid tree loss on Council land.

 

The proposed driveway entry point on Willandra Street enables the retention of a street tree on Merinda Street. Council’s Tree Preservation Officer has reviewed the proposal and notes the higher value trees, being the street trees, are proposed to be retained.

 

Yes

Development applications at the interface between the high and low density residential zones are to demonstrate that the amenity of adjacent houses has been a design consideration by stepping the building in at least 3m after the second level.

 

The proposal steps the building by 3m from the ground floor when compared to Council’s DCP (factoring in a 500mm allowance for articulation).

Yes

Development proposals are to be in character with the palette of materials, finishes and design elements that are in harmony with the natural landscape and complementary with the bushland setting of the precinct. In addition, roof form articulation is encouraged.

 

The proposed material palette is considered in keeping with the natural setting. Refer to SEPP 65 review for further endorsement of proposed scheme.

Yes

As the precinct is in a bushfire prone area, buildings are to be constructed to meet Australian Standard 3959-2009 - Construction of buildings in bushfire-prone areas.

 

The NSW RFS has reviewed the proposal and provided draft recommended conditions of consent.

Yes

The asset protection zone (APZ) is to be measured from the top of the kerb on the side of the road adjacent to the reserve (where there is a perimeter road) or measured inwards from the residential lot boundary adjacent to the reserve (where there is no perimeter road).

 

The NSW RFS has reviewed the proposal and provided draft recommended conditions of consent.

Yes

 


 

 

PART D COMMERCIAL DEVELOPMENT AND MIXED USE

 

The proposal has had regard to Part D Commercial Development and Mixed Use in relation to the proposed café. There are no specific controls applicable to café development within the R4 High Density Residential zone. However, on merit the proposed design of the café is considered suitable with it being single storey in form and suitably located with respect to adjoining development. The café may service residents as well as people accessing the Epping Road public transportation services via Willandra Street. An acoustic report justifying operation from 7:00am to 10:00pm seven days a week, given the residential location. However, given not all operational details are known and fit out details subject to separate approval, it is considered appropriate to restrict hours of operation to Monday to Friday: 7:00am to 5:00pm (Refer to draft condition 119).

 

REFERRALS

 

Other sections of Lane Cove Development Control Plan 2010 have been addressed through referrals as outlined in the following table:

 

Referral

DCP

Comment

Accessibility

 

Part F – Access and Mobility

No objection subject to draft conditions including implementing measures from the submitted access report (Refer draft condition 7).

 

Bushland

 

Part H – Bushland Protection

 

No objection subject to draft conditions.

Landscaping

 

Part J – Landscaping

No objection subject to draft conditions.

Tree Preservation

 

Part J – Landscaping

No objection subject to draft conditions.

Engineering

 

Part O – Stormwater Management

No objection subject to draft conditions.

 

Waste Management

 

Part Q – Waste Management and Minimisation

No objection subject to draft conditions.

Traffic, Transport and Parking

 

Part R – Traffic, Transport and Parking

The proposal meets with the parking provisions of Part R. No objection subject to draft conditions including a requirement to construct a cul-de-sac head on Willandra Street.

 

Building Surveyor

 

N/A

No objection subject to draft conditions.

Environmental Health

 

Part B – General Controls (Part B6/B7)

No objection subject to draft conditions including implementing measures from the submitted acoustic report (Refer draft condition 117).

 

 

 

(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 have been considered and demonstrated to not adversely impact the locality.

 

 

(c)  The suitability of the site for the development

 

 

The site suitability has been established as the site constraints have been addressed as outlined within this report.

 

 

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

 

 

The proposal was notified in accordance with Council policy and 16 submissions were received. The submissions are summarised and addressed within the following table:

 

Concern

Comment

Building Envelope

 

The height was increased in the LEP to allow for the change in topography and ceiling height requirements for a maximum five storey building. The proposal should comply with what is already a concessionary height limit.

 

The proposal has sought a variation to the height standard under LCLEP 2009. In the event that Clause 4.6 is satisfied a variation to a development standard may have merit. The merits of the variation in this instance are outlined in this report. The applicant is seeking to further reduce solar and bulk impacts to adjoining residents by redistributing bulk and height for a better outcome.

 

The height impacts on the E4 zoned properties to the south including overshadowing.

 

The height impacts to the south are acknowledged. The applicant has demonstrated the building massing provides for a reasonable outcome to the southern adjoining properties compared to alternative building massing designs. Notwithstanding, given the interface to the E4 Environmental Living zone is particularly sensitive, a three storey transition is considered more appropriate and amendments to the plan are proposed by way of draft condition 1A.

 

Comparison of Setback Provisions

Storey

DCP

ADG

ADG (zone transition +3m)

Condition 1A

1

6m

6m

9m

8.5-9m

2

6m

6m

9m

8.5-9m

3

9m

6m

9m

8.5-9m

4

9m

6m

9m

12m

5

12m

9m

12m

12m

(no balcony)

 

The amendment would provide for the deletion of the balcony and associated roof to the fifth storey, and the pulling back of the fourth storey. This is indicatively shown as follows with the part of the building to be deleted shown in red:

 

 

The applicant has provided indicative amended plans seeking to relocate the deleted Gross Floor Area. These plans have been considered and have suitable merit (refer AT9). The location of the floor space to the uppermost level not result in any adverse amenity impacts and amended plans reflecting these changes. The location of the floor space would breach the height limit however the conclusions of the Clause 4.6 assessment contained within this report are considered to remain satisfactory.

 

Overshadowing of No. 24 Willandra Street.

 

The proposal does not overshadow 24 Willandra Street between 9am and 3pm mid-winter.

 

Overshadowing of the eastern side of Merinda Street.

 

The proposal does not overshadow the eastern side of Merinda Street between 9am and noon mid-winter. There is partial overshadowing of the properties at 3:00pm however the principal recreation areas receive adequate solar access at this time.

 

The width and depth are excessive and the articulation does not mitigate this with the building presenting as a monolithic structure.

 

The proposal provides for suitable articulation including stepping of the building form to both street frontages. The merits of this approach are only enhanced by the amendments recommended within draft condition 1A.

 

The height permitted on No. 7 Merinda Street is clearly not viable and should be retracted given the almost two storey level difference between the ground level of No. 7 and 9-11 Merinda Street.

 

The building height limit is established within the LEP. The recommendation of this report has had regard to the zone transition and the amenity impacts on the southern adjoining properties in particular.

A multi dwelling housing development would be a more appropriate form of development.

 

A residential flat building is permissible with consent in the R4 High Density Residential zone.

Privacy and Noise

 

The proposal will result in overlooking of the southern adjoining properties.

 

The proposed overlooking is sought to be mitigated through the provision of obscure glazed balustrading (Refer draft condition 1A) and window treatments where in closer proximity.

 

The proposal will result in overlooking of the dwellings on the eastern side of Merinda Street. The building should be reduced in height and street trees planting to two storeys in height.

 

4m street tree planting is proposed along Merinda Street which will provide for some screening. Obscure glazed balustrading will also provide for less direct sightlines between the residential flat building and dwelling houses within the vicinity of the development.

The swimming pool is too close to adjoining properties to the south and will result in undesirable noise and privacy impacts from use and filtration.

 

The coping level of the swimming pool is approximately 12 metres from the southern adjoining properties. The pool decking does not extend within 12 metres of the southern adjoining property. The set back is well in excess of residential requirements and provides for a reasonable balance of privacy to adjoining properties and solar access to the swimming pool in the afternoon period.

 

Isolation

 

The Aboriginal Housing Office objects to the proposal on the basis that it isolates No. 34 Mindarie Street.

 

Addressed in the report.

The proposal will further isolate No. 24 Willandra Street.

 

No. 24 Willandra Street is on the western side of Willandra Street and is not connected to the subject site by a common boundary. The proposal does not isolate No. 24 Willandra Street.

 

Construction

 

The Mowbray Precinct working hours should be applied.

 

Refer to draft condition 9.

The geotechnical impact on adjoining properties including E4 zoned properties to the south.

 

The geotechnical concerns are acknowledged and are dealt with via draft conditions.

The impact on the health, safety and well-being of adjoining residents during construction.

 

The construction impacts have been considered and are considered to be appropriately controlled (to the extent possible) through recommended draft conditions.

 

Waste management during construction including the potential for downslope properties to be negatively impacted.

 

Waste management and sediment control is subject to recommended draft conditions of consent.

Dust and construction noise should be appropriately monitored during construction.

 

The proper management of dust and construction noise is subject to draft conditions. Should the management measures not be adequately implemented then monitoring may be required, this also forms a draft condition of consent.

 

Environmental Impacts

 

The impact on protected trees and animals on Merinda Street.

 

The environmental impacts have been considered and the proposal has appropriately responded to the site’s environmental constraints in accordance with the planning controls and regulations applying to the site.

 

Infrastructure Impacts

 

The cumulative impact of all the residential development in the locality on the existing public infrastructure including roads, footpaths and sewer.

 

Cumulative impact on sewer would be the consideration of Sydney Water via the Section 73 process. Various upgrades to footpath and road infrastructure is facilitated as a result of this development as reflected in recommended draft conditions of consent including the provision of a footpath across both street frontages connecting to Mindarie Street, and the construction of a Cul de Sac head on Willandra Street.

Willandra Street south must be widened and a footpath provided to Mowbray Road.

 

See above.

One side of Merinda Street should be designated no stopping to guarantee ongoing access.

 

The principal access point to the subject development is via Willandra Street. Notwithstanding, any traffic management issues moving forward can be proposed to Council to consider as part of the traffic committee.

 

Bushfire Risk

 

Concern is raised the proposal would reduce bushfire risk and restrict access for emergency services.

 

The proposal would comply with the bush fire requirements imposed by the NSW Rural Fire Service subject to draft conditions of consent.

Zoning

 

There should be no R4 zone next to the E4 zone.

 

The proposal is made responding to the existing zoning of the site. The transition has been considered adequately by the applicant, and further improved through the recommendations of this report.

 

Property Value

 

The proposal will diminish property values and suitable compensation should be paid to affected properties.

 

Property values are not a planning consideration.

Fencing

 

Details of fencing along southern boundary requested.

 

The fencing will likely be required to be in accordance with the NSW RFS recommended conditions of consent (non-combustible).

 

 

 

(e) Public Interest

 

 

The proposal is in the public interest as it provides for planned residential accommodation with an adequate balance between the amenity of future occupants and that of adjoining properties.


 

 

SECTION 7.11 ASSESSMENT

 

The proposal is subject to the provisions of the Lane Cove Section 94 Contributions Plan which levies new developments to assist in catering for the demand placed on existing Council community facilities and/or infrastructure. The Section 7.11 contribution payable is calculated in accordance with the Plan being the average number of persons per dwelling size as detailed in the following table:

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

1 Bedrooms  (inc. studio)

1.2 persons

$10,332.00 x 1.2 =

$12,398.40.00 per dwelling

45 x $12,398.40

$557,928.00

2 Bedrooms

1.9 persons

$10,332.00 x 1.9 =

$19,630.80 per dwelling

37 x $19,630.80

$726,339.60

3 Bedrooms

2.4 persons

10,332.00 x 2.4 = $24,796.80

Capped Rate $20,000.00 per dwelling

23 x $20,000.00

$460,000.00

 

 

 

TOTAL

$1,744,267.60

 

The Section 7.11 contribution payable is reduced through any existing credit applied to the existing entitlements as detailed in the following table:

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

2+ Bedrooms

N/A

Capped Rate $20,000.00 per dwelling

8 x $20,000.00

$160,000.00

 

 

 

TOTAL

$160,000.00

 

The Section 7.11 contribution payable is $1,744,267.60 - $160,000.00 = $1,584,267.60

 

CONCLUSION

 

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

 

The proposed variation to the building height standard under Lane Cove Local Environmental Plan 2009 is considered supportable. The written request adequately addresses the matters in Clause 4.6(3) and the proposal meets with both the zone and standard objectives despite the non-compliance with the prescriptive measure.

 

The application complies with SEPP 65 – Design Quality of Residential Apartment Development, the Floor Space Ratio under Lane Cove Local Environmental Plan 2009 and complies with Lane Cove Development Control Plan 2010 either by way of compliance with the prescriptive measures or the objectives.

 

The applicant has responded to the submissions raised and has agreed to provide for improved building separation to the southern adjoining properties beyond the prescriptive measures, resulting in a three storey interface/wall height to the E4 Environmental Living Zone. The amendment is considered to further enhance the benefits of the L-shape design adopted in the subject proposal.

 

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

 

 




RECOMMENDATION

 

That the Lane Cove Local Planning Panel at its meeting of 23 May 2019, exercising the functions of the Council as Consent Authority pursuant to Clause 4.16 of the Environmental Planning & Assessment Act 1979 approve a variation to the height prescribed by Clause 4.3 of the Lane Cove Local Environmental Plan 2009, as it is satisfied that the applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, and the proposed development would be in the public interest because it is consistent with the objectives of that particular standard and the objectives for development within the zone.

 

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 23 May 2019, exercising the functions of Council as the consent authority, grant consent to Development Application DA162/18 for the demolition of existing structures and construction of a residential flat building and café on Lot 36-39 and Lot 44-47 in Deposited Plan 35865, known as 1-7 Merinda Street and 11-17 Willandra Street, Lane Cove North, subject to the following conditions:

 

PLANNING CONDITIONS

 

1.       Approved Plans/Documents. Except where otherwise provided in this consent, the development is to be carried out strictly in accordance with the following plans (stamped approved by Council):

 

Plan No

Title

Author

Revision

Date

DA1.01

Project Summary

Hyecorp Design

B

10/05/2019

DA2.01

Plan 1

Hyecorp Design

B

16/01/2019

DA2.02

Plan 2

Hyecorp Design

B

16/01/2019

DA2.03

Plan 3

Hyecorp Design

B

16/01/2019

DA2.04

Plan 4

Hyecorp Design

B

16/01/2019

DA2.05

Plan 5

Hyecorp Design

B

16/01/2019

DA2.06

Plan 6

Hyecorp Design

B

16/01/2019

DA2.07

Plan 7

Hyecorp Design

B

16/01/2019

DA2.08

Plan 8

Hyecorp Design

C

01/04/2019

DA2.09

Plan 9

Hyecorp Design

B

16/01/2019

DA2.10

Plan 10

Hyecorp Design

A

16/01/2019

DA3.01

North and South Elevation

Hyecorp Design

B

16/01/2019

DA3.01

East and West Elevation

Hyecorp Design

B

16/01/2019

DA4.01

Section A & B

Hyecorp Design

C

01/04/2019

DA4.02

Section C

Hyecorp Design

C

01/04/2019

DA4.03

Driveway and Internal Ramp Section

Hyecorp Design

B

16/01/2019

-

Storage Schedule

-

-

-

3/8

Planter Plan

Iscape Landscape Architecture

-

02/2019

1/8

Landscape Plan

Iscape Landscape Architecture

A

05/02/2019

2/8

Irrigation Plan

Iscape Landscape Architecture

A

05/02/2019

4/8

Elevations 1

Iscape Landscape Architecture

A

05/02/2019

5/8

Elevations 2

Iscape Landscape Architecture

A

05/02/2019

6/8

Sections 1

Iscape Landscape Architecture

A

05/02/2019

7/8

Sections 2

Iscape Landscape Architecture

A

05/02/2019

 

1A.    The following amendments are to be made to the approved plans to the satisfaction of Council’s Manager Development Assessment prior to the issue of a Construction Certificate:

 

i.    External sun shading is required on the northern face of the north western corner apartments between grid lines 01 and 02 as these are completely exposed to the Northern Sun. The living rooms on the western side either side of grid line C and the eastern side south of grid line G require external sun protection.

ii.    The provision of obscure glazing to 1.6m (or a high sill window) above the finished floor level for all south facing windows within 12.5 metres of the southern boundary.

iii.   The provision of obscure glazing for all balcony balustrading;

iv.  The deletion of part of the balcony and associated roof at the fifth storey to apartment 517 and 518 (Plan 7) to provide a minimum 12m building separation to the southern boundary (with associated amendments to openings);

v.   The deletion of part of the building to apartment 418 and 419 to provide for a 12m building separation to the southern boundary with associated internal reconfiguration (an uncovered balcony with planterbox for privacy can be located to the 9m building separation line; and

vi.  The Gross Floor Area lost in Condition 1A(v) can be relocated to the uppermost level (Plan 9) generally in accordance with the indicative Option 3 submitted to Council. 

 

          In addition, the PCA is to confirm prior to the issue of a Construction Certificate that the required changes have been reflected in the plans subject of the Construction Certificate.

 

2.         BCA Requirement.  All building works are required to be carried out in accordance with the provisions of the Building Code of Australia. A Completion Certificate is to be issued by the Principal Certifier or accredited Fire Safety Engineer, confirming that all identified Performance Solutions have been completed or implemented for the building prior to the issue of the  Occupation Certificate.

 

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

 

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

 

5.         Prior to the issue of a Construction Certificate the qualified designer who prepared the design verification statement accompanying the Development Application is to confirm that they designed, or directed the design, of the development, in accordance with Clause 50 of the Environmental Planning and Assessment Regulation 2000. BLANK

 

6.         Compliance with the following bush fire protection requirements:

 

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

 

A.  At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

 

 

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

B. Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

 

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

 

C.   All new fencing shall be non-combustible.

D. New construction shall comply with the Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) 'National Standard Steel Framed Construction in Bushfire Areas - 2014' as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

The construction requirements shall be in accordance with the bush fire attack levels (BALs) identified on the colour coded drawings named Plan 3 Dwg DA 2.03, Plan 4 Dwg DA 2.04, Plan 5 Dwg DA 2.05, Plan 6 Dwg DA 2.06, Plan 7 Dwg DA 2.07, Plan 8 Dwg DA 2.08, Plan 9 Dwg DA 2.09 prepared by Australian Bushfire Consulting Services dated 25 February 2019 (Title: 17 Merinda St & 1117 Willandra St, Lane Cove, Reference: 18071).

 

The elevations marked in red shall comply with sections 3 and 8 (BAL 40), the elevations marked in orange shall comply with sections 3 and 7 (BAL 29), the elevations marked in yellow shall comply with sections 3 and 6 (BAL 19), the elevations marked in green and/or no colour shall comply with sections 3 and 5 (BAL 12.5) of Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'.

 

 Landscaping

 

E. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

 

The conditions in relation to design and construction have been based on an alternate solution prepared by Australian Bushfire Consulting Services dated 25 February 2019 (Reference: 18-071).

 

7.         Compliance with the accessibility and adaptability requirements of the ‘Statement of Compliance Access for People with  a Disability, prepared by Accessible Building Solutions, dated 30 August 2018 within the construction drawings prior to issue of a Construction Certificate. Certification of satisfactory completion to be provided by a suitably qualified access consultant prior to the issue of an Occupation Certificate.

 

8.         Compliance with the storage schedule stamped and approved by this consent (except where amended by Condition 1A). Certification is to be provided that storage is provided to each unit in accordance with the consent prior to the issue of an Occupation Certificate.

 

 

 

 

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

 

        Monday to Friday (inclusive)         7am to 5.30pm  High noise generating activities, including rock breaking and saw cutting must not be carried out continuously for longer than 3 hours without a 1 hour break.

 

        Saturday                                        8am to 12 noon with NO excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N. 

 

Sunday                                          No work Sunday or any Public Holiday.

 

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

 

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

·    146 residential spaces including 11 accessible spaces;

·    27 visitor spaces including 1 accessible space;

·    1 café space;

·    12 motorbike spaces; and

·    39 bicycle rail rack spaces.

 

10.       PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN. THE PAYMENT IS TO BE MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED..

 

 The Section 7.11 contribution payable is calculated in accordance with the Plan being the average number of persons per dwelling size as detailed in the following table:

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

1 Bedrooms  (inc. studio)

1.2 persons

$10,332.00 x 1.2 =

$12,398.40.00 per dwelling

45 x $12,398.40

$557,928.00

2 Bedrooms

1.9 persons

$10,332.00 x 1.9 =

$19,630.80 per dwelling

37 x $19,630.80

$726,339.60

3 Bedrooms

2.4 persons

10,332.00 x 2.4 = $24,796.80

Capped Rate $20,000.00 per dwelling

23 x $20,000.00

$460,000.00

 

 

 

TOTAL

$1,744,267.60

 

The Section 7.11 contribution payable is reduced through any existing credit applied to the existing entitlements as detailed in the following table:

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

2+ Bedrooms

N/A

Capped Rate $20,000.00 per dwelling

8 x $20,000.00

$160,000.00

 

 

 

TOTAL

$160,000.00

 

The Section 7.11 contribution payable is $1,744,267.60 - $160,000.00 = $1,584,267.60. It is noted that the final contribution payable may be amended as a result of compliance with condition 1A of this consent.

 

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

 

12.       Long Service Levy. Compliance with Section 6.8 of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by installments, the first installment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

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

 

14.       Reflectivity of materials. Roofing and other external materials must be of low glare and reflectivity.  All metal deck roofs are to be of a ribbed metal profile in a mid to dark colour range with an anti-glare finish.  Details of finished external surface materials, including colours and texture must be provided to the Principal Certifying Authority prior to the release of the Construction Certificate.

 

15.       Security fencing.  The site is to be properly fenced to prevent access of unauthorised persons outside of working hours.  The fencing shall be locked with an appropriate locking device that cannot be readily opened by any unauthorized persons.  Site security shall be in accordance with the requirements under the Work Health and Safety Regulations

 

16.       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)

 

17.   CCTV Cameras:

a)       The applicant shall install and maintain surveillance cameras and recorders to monitor and record all entrance and exit points to the buildings. The cameras should include the foyer area to the buildings including the area around the mail boxes as mail theft in unit complexes in the Sydney Metropolitan area is an emerging crime. The cameras should also monitor the immediate vicinity outside the building including, but not limited to, the footpath area in front of the premises. CCTV cameras should also cover any lifts, public spaces and the basement car parks. Recordings should be made twenty four (24) hours a day seven (7) days a week.

 

b)       As a minimum, CCTV cameras at entry and exit points to the premises MUST record footage of a nature and quality in which it can be used to identify a person recorded by the camera. All other cameras MUST record footage of a nature and quality in which it can be used to recognise a person recorded by the camera.

 

c)       The time and date must automatically be recorded on all recordings made whilst it is recording. All recordings are to be kept for a minimum period of thirty (30) days before they can be reused or destroyed.

 

d)       If requested by police, the applicant is to archive any recording until such time as they are no longer required.

 

e)       Recordings are to be made in a common media format such as Windows Media Player or similar, or should be accompanied by applicable viewing software to enable viewing on any windows computer.

 

    f)        The CCTV control system should be located within a secured area of the premise and only accessible by authorised personnel.

 

   g)        If the CCTV system is not operational, immediate steps are to be taken by the applicant to ensure that it is returned to a fully operational condition as soon as possible.

 

   h)        CCTV should be installed throughout the basement car park area and should include the entry and exit points to the car park.

 

18.     Access control: The following measures shall be addressed in the fit out of the building:

a)           All areas should be fitted with doors that comply with Australian Design Standards.

b)           The locks fitted to the doors should be of a high quality and meet the Australian design standards.

c)           Any glass within these doors should be laminated to enhance the physical security of the doors.

d)           Access control should be set in place to exclude unauthorized access to restricted areas.

e)           Access should be restricted to residents only to the lifts and stairs leading to the apartments.

f)                       Fire exit doors to the development should be fitted with single cylinder locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the development.

g)           The main entry/exit doors to individual units should also be fitted with single cylinder locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the unit.

h)           The balcony doors to individual units should also be fitted with single cylinder locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the unit.

i)             The windows to individual units should also be fitted with key operated locksets (Australia and New Zealand Standard – Lock Sets) to restrict unauthorized access to the unit

j)             Intercom facilities should be incorporated into entry/exit points to enable residents to communicate and identify with people prior to admitting them to the development.

 

k)            Letterboxes shall have good quality locks on them. Mail theft is an emerging crime in the Sydney Metropolitan area and as such is important that steps be taken to ensure that letterboxes are as secure as possible. CCTV shall be installed around the area where letterboxes are installed

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

 

19.       Lot consolidation.  The allotments subject to this consent must be consolidated into one allotment and evidence of consolidation from NSW Land and Property Information must be submitted with Council prior to the issue of the Occupation Certificate

 

20.       BASIX. The submission of documentary evidence of compliance with all commitments listed in BASIX Certificate submitted with the Development Application.

 

21.        Sydney Water – Section 73 Compliance Certificate. A compliance certificate must be obtained from Sydney Water, under Section 73 of the Sydney Water Act 1994. Sydney Water will determine the availability of water and sewer services, which may require extension, adjustment or connection to Sydney Water mains. A Section 73 Compliance Certificate must be completed before the issue of any Occupation Certificate.

 

   Sydney Water will assess the development and if required will issue a Notice of Requirements letter detailing all requirements that must be met. Applications can be made either directly to Sydney Water or through a Sydney Water accredited Water Servicing Coordinator.

 

            Go to www.sydneywater.com.au/section73 or call 1300 082 746 to learn more about applying through an authorised WSC or Sydney Water.

 

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

 

a          The completion of works.

 

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

 

23.        Lighting. Lighting is to be provided around the site and all lighting is to comply with the following requirements:

  -          Lighting is to be designed and installed in accordance with the relevant Australian and New Zealand Lighting Standards.

  -          A Lighting Maintenance Policy is required to outline the maintenance, monitoring and operation of lighting.

  -          Lighting is to be provided to all common areas including all car parking levels, stairs and access corridors and communal gardens.

  -          Lighting is to be automatically controlled by time clocks and where appropriate, sensors for energy efficiency and a controlled environment for residents.

  Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

24.       Car parking security. Vehicular entry to residential parking and visitor’s parking areas is to be through a secured roller shutter with an intercom system for visitor’s access. The doors are to be controlled by locksets such as remote or card operating electronic lock sets. The phasing of the roller door needs to minimise the opportunity for unauthorised pedestrian access after a vehicle enters/exits the car park. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

25.       Graffiti. All surfaces on the street level that are not glass should use graffiti resistant paints and/or other surfaces that discourage graffiti. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

26.       Security. To enhance the physical security of doors, all glass doors are to be laminated and the main entry/exit doors to individual units on the ground floor, including balcony doors and fire exit doors to the development are to be fitted with a single cylinder lockset (Australian and New Zealand Standard - Lock Sets), which comply with the Building Code of Australia. Windows to individual units on the ground floor should also be fitted with key operated locksets (Australia and New Zealand Standard - Lock Sets) to restrict unauthorized access to the unit. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

 

27.        Intercom System. Intercom facilities should be incorporated into these entry/exit points to enable residents to communicate and identify with people prior to admitting them to the development. An auxiliary lock set should also be incorporated into the design of each of the entry/exit points to enable emergency services to access the development particularly in emergency situations. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

28.       Balcony doors to units. Balcony doors to units are to be fitted with single cylinder locksets (Australian and New Zealand Standard – Lock Sets) to restrict unauthorised access to units. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

29.       Unit windows. The windows to individual units are to be fitted with key operated locksets (Australian and New Zealand Standard – Lock Sets) to restrict unauthorised access to units. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

30.       Lift access and security. Electronic access controls are to be installed on the lift. The equipment should include card readers to restrict access to the level a resident residents on, to the car parking levels and to the Ground Floor. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

TREE MANAGEMENT CONDITIONS

 

31.       Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area in accordance with State Environmental Planning Policy (Vegetation in non-rural areas) 2017. Part 2 Section 7(1) of the SEPP states “A person must not clear vegetation in any non-rural area of the State to which Part 3 applies without the authority conferred by a permit granted by the council under that Part.” Clearing of vegetation includes “a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or b) lop or otherwise remove a substantial part of the vegetation.” Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000.

 

 

32.       Pursuant to Section 80A(6)(a) and (7) of the Environmental Planning and Assessment Act 1979, the applicant must, prior to the issue of the construction certificate, provide security in the amount of $100,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the trees identified in the Arborist report as ST1, ST2, ST3 and ST4 standing in the public reserve immediately adjoining the land subject of this development consent. This bond may be forfeited in the event of damages to any of these trees as a result of the development works as determined by Council’s Tree Management Officer, at a minimum the cost of replacing the tree including labour will be deducted from the bond. The applicant shall contact Council to have the street tree inspected following issue of the Occupation Certificate.

 

33.       Trees identified as ST1, ST2, ST3, ST4 and T17 are to be retained and protected for the life of the development.

 

34.       The Arboricultural Impact Assessment is to be reviewed to reflect the most recent set of plans. This is to include the revised Hydraulic and sediment plan. One Corymbia citriodora located on the nature strip to the south of 17 Willandra Road is also to be included in the updated Arborist report. The report is to be submitted to Council for review by the Tree Assessment Officer Prior to the issue of the Construction Certificate.

 

35.       A site-specific Tree Protection Plan produced by an AQF5 Consulting Arborist showing protective measures for all retained street trees ST1, ST2, ST3, ST4 and T17 is to be provided. The plan is to detail appropriate protection measures for the life of the development. All tree protective measures must be in place prior to any works commencing on the site and must be maintained for the life of the development. The plan must include a work method statement specific to working within the tree protection zones. The plan must meet Australian Standard AS4970-2009 Protection of Trees on Development sites and AS4373-2007 Pruning of Amenity Trees. All the above is required to be submitted to the Principal Certifier prior to the issue of the Construction Certificate.

 

36.       Tree protective measures may be amended by the project Arborist only. Measures must be substituted and not removed. All protection measures must comply with AS4970 Protection of Trees on Development Sites (2009) and be documented in writing prior to amendments taking place. All documents are to be submitted to the Principal Certifier prior to the amendments taking place.

 

37.       A Project Arborist of minimal AQF Level 5 qualification is to be appointed prior to the issue of the Construction Certificate to oversee/monitor trees condition during construction and certify tree protection measures. Trees are to be monitored throughout construction and a certificate produced upon completion demonstrating the trees have been maintained in good condition. All certificates are to be sent to the Principal Certifier within five days of site attendance and must be available to council immediately upon request; failure to produce the latest certificate will be considered a breach of conditions. Final certification is to be submitted to the Principal Certifier prior to the issue of Occupation Certificate.

 

38.       This consent gives approval for the pruning of tree number ST4 as per the Arborists Recommendations section 6.4.  All pruning works are to comply with AS4373 Pruning of Amenity Trees (2007) and be supervised by the Project Arborist.

 

39.       This consent gives approval for the removal of trees 1 through 16 inclusive. This is all trees within the site boundaries and one small street tree (T15) upon issue of the Construction Certificate only.

 

40.       Replacement planting of canopy trees is to be composed of six A. costata at 100 litres, 6 A. Bakeri at 100 Litres, three C. Gummiferum at 100 litres, one E. haemastoma at 100 Litres, four E. haemastoma at 200 Litres, one S. glomulifera at 100 Litres and two S. glomulifera at 100 Litre as proposed in the Landscape Plans provided. The Project Arborist is to provide certification to the Principal Certifier the trees have been installed in accordance with conditions prior to the issue of Occupation Certificate.

 

41.       Footing, trench or excavation required for the basement and installation of any services within the Tree Protection Zones of trees ST1, ST2, ST3, ST4 and T17 must be carried out under the guidance of the Project Arborist and using non-destructive techniques. Air Spade or Hydrovac is the recommended procedure for excavation to locate and prune roots.

 

42.       All tree roots are to be pruned and documented by the Project Arborist. Documentation is to be submitted with the final certificate of compliance upon completion of the project. Prior to the issue of Occupation Certificate. Once the Arborist is satisfied roots have been pruned clear of the area, civil machinery may resume excavation from outside of the tree protection zone.

 

43.       The 1.6 metres of fill proposed to raise the south eastern corner of the site is to allow a 6 metre setback from tree ST4. No fill is to be added within 6 metres of the tree. The reason is to minimise additional impacts already proposed from the basement excavation.

 

44.       The Project Arborist is to submit a report upon completion of the development that all tree related development conditions have been met. The statement is also to recommend remedial advice for trees post construction to mitigate construction impacts long term. The statement is to be submitted to and approved by the Councils Tree Assessment Officer Prior to the issue of the Occupation Certificate.

 

TRAFFIC AND TRANSPORT CONDITIONS

 

45.       The proposed car park design shall comply with AS 2890.1-2004. This includes all parking spaces, ramps, aisles, disabled parking and loading areas.

 

46.       All accessible car spaces in the public car park are to be adequately signposted and line marked and provided in accordance with AS2890.6: 2009 including the adjacent shared space and the height clearance.

 

47.       On site garbage collection must be provided for with sufficient headroom in accordance with AS2890.2: 2002 and to allow the vehicle to enter and exit in a forward direction. The waste collection and holding area is to be clearly signposted and line marked.

 

48.       Install wheel stops on all car parking spaces to prevent any collision with structures or objects.

 

49.       Loading, car wash bay, motorcycle parking, visitor and accessible parking to be sign posted and adequately line marked.

 

50.       All vehicles must front in/ front out to/ from the development.

 

51.       All cycling racks and secure bike parking provided on-site must meet the minimum standards as outlined in Section 4.3 in Part R of the DCP and designed in accordance with AS 2890.3: 2015. Alternative designs that exceed the Australian Standards will also be considered appropriate.

 

 

52.       The Construction Traffic Management Plan must be submitted to Lane Cove Council and approved before issuing the construction certificate.

 

53.       Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of preparation of the Construction Traffic Management Plan.

 

54.       Due to requirements for safe traffic and pedestrian movement, loading or unloading of any vehicle or trailer carrying material associated with the development must not take place on the public road unless within an approved Works Zone. If the Works Zone is required, the developer must give the Council written notice of at least six (6) weeks prior to the date upon which use of the Works Zone will commence and the duration of the Works Zone approval shall be taken to commence from that date. All vehicle unloading/loading activities on a public roadway/footway are to be undertaken within an approved Works Zone.

BUSHLAND CONDITIONS

 

55.       The Asset protection zone (APZ) must be contained entirely within the development site boundary. The APZ is not to extend onto public open space.

 

56.       All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

57.       Rubbish must be stored in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

58.       There shall be no access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

59.       During construction / landscaping the designated environmental/ bushland area within the property and adjacent public bushland area must be kept clean of all building materials and rubbish.  Any rubbish that is blown into these areas must be immediately cleaned up.

 

60.       In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Coordinator of Bushland must be notified immediately.  Any clean- up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Coordinator of Bushland.

 

61.       All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

 

62.       All trees in the Bushland setback (within 10 metres of the southern boundary) shall be of a height of at least 4M above natural ground level at time of installation and therefore covered by Lane Cove Councils Tree Preservation order.  All trees are to be maintained in a healthy condition for the life of the development with replacement trees to be installed within 6 months of the trees demise.  This obligation shall become the responsibility of the Strata Management outside the Council appointed maintenance period.

 

LANDSCAPE CONDITIONS

 

63.       All landscaping works shall be in accordance with the stamped, approved plans. A Compliance Certificate from a registered, practicing landscape architect confirming the landscape has been installed in accordance with the plans shall be submitted to the Certifying Authority upon completion with a copy forwarded to Council within 5 business days.

 

64.       All trees along both Willandra and Merinda Streets shall be of a height of at least 4M above natural ground level at time of installation and therefore covered by Lane Cove Councils Tree Preservation order.  (This may affect the required container size due to availability of advanced trees at the time of installation.)

 

65.       All trees are to be maintained in a healthy condition for the life of the development with replacement trees to be installed within 6 months of the trees demise.  This obligation shall become the responsibility of the Strata Management at the completion of the 12-month maintenance contract.

 

66.       Councils Landscape Architect shall be advised when the trees have been installed for conducting an inspection. The Occupation Certificate shall not be issued until Councils Landscape Architect is satisfied that this condition has been met.

 

67.       The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specification

 

68.       All trees must conform to Australian Standard 2302:2018 Tree Stock for Landscape Use.  Trees are to be inspected by the project Landscape Architect upon delivery to site but prior to installation.  The project landscape architect shall provide written verification that each tree meets the standards for health, shape and vitality as outlined in the standard.  

 

69.       A landscape practical completion report must be prepared by the consultant landscape architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. This report must certify that all landscape works have been completed in accordance with the landscape working drawing. A copy of the report must be submitted to Council prior to the issue of an Occupation Certificate. Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within five (5) working days of the date of issue.

 

70.       A certificate must be submitted by a qualified practising landscape architect, Landscape / environmental designer or horticulturist, certifying that the proposed subsoil drainage and any associated waterproofing membrane have been installed in accordance with the details shown on the approved landscape working drawings and specification. Works must not progress until Council or the accredited certifier has confirmed that this condition has been fully satisfied. Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within 5 working days of the date of issue.

 

71.       Prior to issue of the Certificate of Occupation, the applicant must submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of the Certificate of Occupation.

 

72.       The tree protection measures on the tree management plan as prepared by the Project Arborist for protection of trees identified as ST1, ST2, ST3, ST4 and T17 must be shown on the landscape documentation to ensure the landscape installation does not damage any trees or the roots of the trees to be retained.

 

73.       Prior to issuing the construction certificate the following items shall be addressed and additional information provided in the landscape documentation:

a.   Site plan clearly showing the required percentage of landscaped area, deep soil planting, raised planter box planting and communal open space as hatching / shading with each area clearly labelled.

 

b.   Extent of excavations, earthworks, cut & fill or ground disturbance is indicated.

 

c.   Existing and proposed stormwater detention tanks, OSD tanks, drainage pits/pipes, easements and rights-of way are indicated (especially within tree protection areas).

 

74.       All landscaping areas shall have an automatic irrigation system on a timer that provides adequate water for the ongoing health and vitality of the plants.  The watering times and frequencies are to be adjusted seasonally to account for the different watering requirements for the temperatures and hours of sunlight for each season and maintained for the life of the development.  This obligation shall become the responsibility of the Strata Management outside the Council appointed maintenance period.

 

75.       All plants shall be maintained in a healthy condition for the life of the development with replacement plants installed within 6 months of their demise.  This obligation shall become the responsibility of the Strata Management outside the Council appointed maintenance period.

 

76.       Prior to issue of an Occupation Certificate, the applicant must submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of the Certificate of Occupation.

 

77.       At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant material has been successfully established, that all of the outstanding maintenance works, or defects have been rectified prior to preparation of the report and that a copy of the 12-month landscape maintenance strategy has been provided to the Owner/ Occupier.  A copy of the report must be submitted to Council prior to the issue of an Occupation Certificate.

 

78.       There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

WASTE MANAGEMENT CONDITIONS

 

79.       The waste and recycling storage room must be provided and be of sufficient size to accommodate a total of 36 x 240L general waste bins, 11 x 240L container recycling bins, and 11 x 240L paper recycling bins with adequate space for maneuvering garbage and recycling bins including:

·    Minimum clearance between bins of 300mm

·    Minimum door openings of 1700mm

·    Minimum distance of 1700mm between rows of bins (where bins are located on either side of the room)

 

80.       Compliance with the following design requirements for waste and recycling storage rooms:

 

·    The floor of waste and recycling storage rooms (including bulky waste storage room) must be constructed of either concrete which is at least 75mm thick or other equivalent material, and be graded and drained to a floor waste which is connected to the sewer;

·    All floors must be finished to a smooth even surface, coved at the intersections of walls and floor;

·    The walls of waste and recycling storage rooms, bulky waste storage rooms, and waste service compartments must be constructed of solid impervious material and must be cement rendered internally to a smooth even surface coved at all intersections.

·    All waste and recycling storage rooms and bulky waste storage rooms must be provided with an adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock.

·    A close-fitting and self-closing door that can be opened from within the room must be fitted to all waste and recycling and bulky waste storage rooms.

·    All waste and recycling and bulky waste storage rooms must be constructed to prevent the entry of vermin.

·    All waste and recycling and bulky waste storage rooms must be ventilated by either:

·    Mechanical ventilation systems exhausting at a rate of 5L.s per m@ of floor space area, with a minimum rate of 100L/s; or

·    Permanent, unobstructed natural ventilation openings direct to the external air.

·    All waste and recycling and bulky waste storage rooms must be provided with artificial light controlled by switches located both inside and outside the rooms.

·    Clearly printed “No Standing” signs must be affixed to the external face of each waste and recycling and bulky waste storage room.

 

81.       A readily accessible bulky waste storage room located near the garbage room must be provided for the use of all residents. The bulky waste storage room must have a minimum floor area of 30m2 and be of sufficient size to practically accommodate a minimum of 10m3 of bulky waste at any given time. Doorways and travel paths must be a minimum width of 1700mm and of sufficient height and be free of obstructions to permit easy transport from individual units to the storage area, and from the storage area to the collection point.

 

82.       All waste must be collected on-site via on-site access by Council’s waste collection vehicles. The location(s) of waste and recycling rooms and bulky waste storage areas must be conveniently accessible for both occupants and Council’s waste collection contractors. The minimum finished ceiling height must be 2.6m along the path of travel from the street to the residential waste and recycling collection point and maneuvering area. This clearance must be kept free of any overhead ducts, services and other obstructions. The maximum grade of any access road leading to the waste and recycling point must not be more than 1:5 (20%). The running area at the base of any ramp must be sufficient for the manoeuvre of a 6.64m rigid vehicle to enter and exit the building in a forward direction. Where security gates are installed, a remote control access device must be provided to Council to permit unimpeded access.

 

83.       Prior to the issue of an Occupation Certificate, the applicant must enter into a suitable Deed indemnifying Council and its contractors against claims for loss or damage to common property, liabilities, losses, damages, and any other demands arising from any on-site collection services.

 

84.       The applicant must provide a container for communal composting/worm farming, the sitting of such must have regard to potential amenity impacts.

 

 

85.       Internal waste and recycling cupboards with sufficient space for one day’s garbage and recycling generation must be provided to each dwelling.

 

86.       Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services and finalise the payment for the supply and delivery of all waste and recycling bins.

 

ENVIRONMENTAL HEALTH CONDITIONS

 

87.       Demolition Works and Asbestos Removal/Disposal The demolition of any existing structure is to be carried out in accordance with Australian Standards AS 2601-2001: The Demolition of Structures.  All vehicles leaving the site carrying demolition materials are to have the loads covered and are not to track any soil or waste materials into the road.  Pursuant to Section 27A of the Occupational Health and Safety Act 1983 “notification to Commence Demolition Work” form is to be submitted to Workcover at least seven days prior to work commencing.  All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the Workcover Authority and EPA guidelines and requirements.  The asbestos must be removed by a bonded asbestos licensed operator.  Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required.

 

88.       Dust Control The following measures must be taken to control the emission of dust:

 

a)  Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work

b)  Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter

c)  All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system

d)  All stockpiles of materials that are likely to generate dust must be kept damp or covered

e)  Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

89.       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.

 

90.       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)

 

91.       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.

 

92.       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.

 

 

93.       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 Fit out of Food Premises.

 

94.       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 Health Department 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

 

95.       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.

 

96.       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.

 

97.       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.

 

98.       Service Pipes Where possible all food premises 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.

 

99.       Surface Pipe Openings All service pipe openings in walls, floors and ceilings must be made proof against the access of pests (food premises only).

 

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

 

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

 

 

 

102.     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.

 

103.     Safety glass All glass used in the construction of equipment in which food is displayed in the food premises must be safety glass with any exposed edges beveled where necessary to prevent chipping.

 

104.     Garbage storage area – Commercial/Industrial All garbage from the food premises shall be stored in a designated garbage area, which includes provision for the storage of all putrescible waste and recyclable material emanating from the premises. The area is to be constructed with a smooth impervious floor graded to a floor waste and connected to the sewer. The garbage area/room is to be well ventilated and fitted with fire sprinklers and meet fire safety standards in accordance with the Building Code of Australia. Detailed plans and specifications for the construction of the designated garbage area are to be submitted with the Construction Certificate.

 

105.     Garbage collection – Commercial/Industrial Liquid and solid wastes generated on the site from the food premises 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.

 

106.     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.

 

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

 

108.     Noise Control – Demolition Works Noise must be minimised as far as practicable, by the selection of appropriate methods and equipment, and by the use of silencing devices where practicable.

 

109.     Noise Level Restrictions – Demolition Works Noise from demolition works must comply with the following criteria:

 

a)   For demolition periods of 4 weeks or less the noise level from demolition work must not exceed the background noise level by more than 20dB(A) when measured at the boundary of the worst affected premises in the vicinity

b)   For demolition periods greater than 4 weeks the noise level from demolition work must not exceed the background noise level by more than 10dB(A) when measured at the boundary of the worst affected premises in the vicinity

 

 

 

110.     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

 

 

111.     Road Traffic Noise The residential flat building must be designed and constructed so that road traffic noise levels comply with the satisfactory design sound level in Australian/New Zealand AS/NZS 2107:2000 Acoustics – Recommended design sound level and reverberation times for building interior, with windows and doors closed.

 

112.     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.

 

113.     Mechanically Ventilated Exhaust System Where a hot plate or fryer are proposed, 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.

 

114.     Car Park Ventilation The covered car park must be provided with an adequate system of permanent natural ventilation or an approved system of mechanical ventilation.

 

115.     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).

 

116.     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.

 

117.     Prior to the issue of the Occupation Certificate , a report from an acoustic consultant is to be submitted, certifying that the development has been built in accordance with the Acoustic Report  prepared by Noise & Sound Services (Reference Number nss23016- Final dated April 2019).

 

118.     Separate approval is required for the fit out of the café under the relevant environmental planning instrument. 

 

119.     The hours of operation of the café are restricted to the following:

 

·    Monday to Friday: 7:00am to 5:00pm

 

ENGINEERING CONDITIONS

 

120.     Stormwater concept plan and improvement woks on Council infrastructure associated with proposed development have been reviewed and the following additional requirements are to be complied with, at no cost to Council, prior to the issue of the relevant Certificate:

 

Stormwater

a)    Stormwater concept plan shall be prepared by qualified hydraulic engineer;

b)    In OSD, sump with 300mm depth is required;

c)    OSD requires adequate grated access on top and particularly in all corners. There should be cast iron step bars at each access grates;

d)    Orifice invert must be above obvert (38.325m AHD) of the pipe in proposed connection pit in order to avoid drown orifice;

e)    OSD calculation details and TWL are to be shown in plan;

f)     OSD cross section does not show overflow path. However if proposed grates are designed as overflow path, then overflow from OSD goes back to pump house. This must be amended.

g)    One suitable GPT is required. This GPT should be installed before OSD

h)    One grated strip provided on driveway and connected to OSD with grate RL: 38.6.

i)     Rainwater tank is to show top, bottom and overflow pipe invert level and be installed satisfying Council DCP.

 

Road and street drainage

 

a)    A new pit and pipe connection to existing pit in Merinda St is to be provided. Full details of this pipe design should be submitted to Council. This new pipe line may require drop pit in middle since pipe slope is around 20% resulting in a higher velocity;

b)    The existing pit at 15 Willandra St is to be connected to this proposed inlet pit;

c)    The existing pit at 21 Merinda St is to be reconstructed and the out let pipe  from this pit must be checked, certified by qualified engineer or reconstructed if this pipe does not satisfy Council standards;

d)    A standard Cul de Sac head is to be constructed at the end of Willandra Street in order to provide vehicle turning for the use of service vehicles;

e)    A standard footpath is to be constructed in Merinda St and Willandra St for the full length of site in order to improve amenity and extended to existing footpath in Mindarie St;

f)     Existing driveways on Willandra St and Merinda St are to be demolished and Council standard kerb and gutter is to be installed on both sided of site;

g)    There is walkway at the end of Willandra St to Merinda St. This walkway is to be reinstated or fully reconstructed if damaged by development activities;

h)    All earth works around the site must comply with Council standards; and

i)     Driveway must be designed in order to stop street gutter flow entering inside.

 

121.     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.

 

122.     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.

 

 

123.     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.

 

124.     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.

 

125.     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.

 

126.     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.

 

127.     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’.

 

128.     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. Developer has to lodge Stormwater Inspection Application form to Council. All costs associated with the relocation of the stormwater line are to be borne by the applicant

 

129.     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.

 

130.     Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed basement shall be determined by Council if required.

 

131.     Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered 17010946 Rev 3 prepared by Jones Nicholas Consulting Engineers dated 07-02-19. Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate. The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the Construction Certificate plans, for the issue of the Construction Certificate.

 

 

 

132.     Council construction requirement: The applicant is required to design and construct the following.

-     a cul-de sac at the end of Willandra Street to provide adequate vehicular maneuverability in favour of the public and the development.

-     an accessible pedestrian connection between the ends of Merinda and Willandra Streets.

The applicant shall prepare a design for these works and forward the design to the Manager of Assets for Council approval prior to the issue of the Construction Certificate. These works shall be constructed at the applicant’s expense and approved by Council upon completion prior to the issue of the Occupation Certificate.

 

133.     Council Infrastructure Damage Bond: The applicant shall lodge with Council an $30,000 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.

 

134.     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 principal certifying authority prior to the issue of the Construction Certificate.

 

135.     Geotechnical Report: A geotechnical report is to be completed for the excavation and ground water impacts associated with this development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.  

 

136.     Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction.

The Geotechnical Monitoring Program for the construction works must be in accordance with the recommendations of the Geotechnical Report and is to include

 

·    Recommended hold points to allow for inspection by a suitably qualified  engineer during the following construction procedures;

·    Excavation of the site (face of excavation, base, etc)

·    Installation and construction of temporary and permanent shoring/ retaining walls.

·    Foundation bearing conditions and footing construction.

·    Installation of sub-soil drainage.

·    Location, type and regularity of further geotechnical investigations and testing.

 

Excavation and construction works must be undertaken in accordance with the Geotechnical and Monitoring Program.

 

137.     Construction Methodology Report: There are structures on site or neighbouring properties and at site that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate. The details must include a geotechnical report to determine the design parameters appropriate to the specific development and site.

 

The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts. The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

 

·    Architectural and Structural Engineer’s plans must be submitted with the Construction Certificate application and certified by a qualified practicing Structural Engineer with membership of the Institute of Engineers Australia.

·    Retaining walls or other approved methods necessary to prevent the movement of soil, together with associated stormwater drainage measures, shall be designed by a civil engineer. Details of any retaining walls shall accompany plans and specifications submitted with the Construction Certificate application

 

138.     Dilapidation Report The applicant is to provide a dilapidation report of all adjoining properties (No. 9-19 Merinda Street and Nos. 28-34 Mindarie Street) and any of Councils infrastructure located within the zone of influence of the proposed excavation.

 

Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principal Certifying Authority and the owners of the properties subject to the report prior to issue of a Construction Certificate.

 

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority and the owners of the properties subject to the report prior to issue of an Occupation Certificate.

 

139.     Road Dilapidation Survey: The applicant shall prepare a dilapidation survey and a dilapidation report detailing the existing state of repair / condition of the road surfaces along Willandra St and Merinda Street around the site. The survey and report need to be submitted to the Council prior to the issue of the first Construction Certificate.  Following completion of construction of the development and prior to the issue of the first Occupation Certificate, the applicant is to prepare a second dilapidation survey and a dilapidation report that includes details of all changes and damage caused to the surface of the said public roads as a consequence truck movements associated with the construction of the development. The Council may apply funds realised from the security referred to in applicable condition to meet the cost of making good any damage caused to the surface of the said public road as a consequence truck movements associated with the construction of the development to which the consent relates. The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers.

 

140.     Heavy Vehicle Duty Employee and Truck Cleanliness:

The applicant shall

·    Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site.

·    Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times.

·    Place an employee within close proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site.

Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.

 

141.     Truck Shaker:  A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

142.     Cast in Situ Drainage Pits: Any drainage pit within a road reserve, a Council easement, or that may be placed under Council’s control in the future, shall be constructed of cast in situ concrete and in accordance with Part O Council’s DCP- Stormwater Management.

 

143.     Positive Covenant Bond: The applicant shall lodge with Council a $2000.00 cash bond to cover the registration of the required positive covenants. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

144.     On-Site Stormwater Detention System - Marker Plate:  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s DCP-Stormwater management. An approved plate may be purchased from Council's customer service desk.

 

145.     On-Site Stormwater Detention Tank: All access grates to the onsite stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

146.     Pump-out system: Basement pump out system must be designed as per Part O, Council’s DCP-Stormwater Management. Pump out system must be designed for runoff from undrained driveway area and seepage water. Full details of hydraulic calculation should be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. Direct pump to kerb/gutter is not allowed. Positive Covenant is to be executed and registered for ongoing maintenance and repair of the pumps.

 

147.     Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

§ Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

§ Mosquito protection & first flush device shall be fitted to the reuse tank.

§ The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

§ Hydraulic calculation is required for charged pipe system draining to rainwater tank based to stormwater conditions

 

148.     Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

149.     Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

150.     Replacement of Vehicular Crossing: The vehicular crossing servicing the property shall be reconstructed prior to the issue of the Occupation Certificate as it does not meet Council’s current standards. The vehicular crossing shall be constructed to the specifications and levels issued by Council. An [INSERT CROSSING APPLICATION TYPE] ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

151.     Redundant Gutter Crossing:  All redundant gutter and footpath crossings shall be removed and the standard kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

152.     Pool Construction: The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties. Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate.

 

153.     Pool Construction Stormwater: The stormwater runoff from the new impervious areas surrounding the pool shall be connected to the proposed drainage system in accordance with the requirements of Part O Lane Cove Council’s DCP Stormwater Management.

 

154.     Erosion and Sediment Control Plan:  An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

155.     Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control ‘.The devices shall be maintained during the construction period and replaced when necessary.

 

156.     Council Inspection Requirements: The following items shall require Council inspections.

·    All new footpaths on Council Property

·    New kerb and gutter on Council Property

·    All asphalt adjustments to the roadway

·    All the approved stormwater drainage works on Council property

·    Any other works on Council’s land

Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with Council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / set out requirements. An Inspection fee is to be paid prior to the issue of the Construction Certificate.

 

157.     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.

 

158.     Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out in accordance with the relevant Australian Standards and Codes of Practice. The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.

 

159.     Positive Covenants OSD and Pump Out System:  Documents giving effect to the creation of a positive covenants over the on-site detention system and over the basement pump out system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wordings of the terms of the positive covenants shall be in accordance with part O Council’s DCP-Stormwater Management.

 

160.     Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate. Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management.

 

161.     Redundant Gutter Crossing:  All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Notification Plan

2 Pages

 

AT‑2View

Zoning Map

1 Page

 

AT‑3View

Building Height Map

1 Page

 

AT‑4View

Floor Space Ratio Map

1 Page

 

AT‑5View

Bush Fire Prone Land Map

1 Page

 

AT‑6View

Design Verification Statement (Applicant)

5 Pages

 

AT‑7View

SEPP 65 Peer Review

11 Pages

 

AT‑8View

Clause 4.6 Request

23 Pages

 

AT‑9View

Indicative Design Amendment

1 Page

 

 

 


ATTACHMENT 1

Notification Plan

 

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ATTACHMENT 2

Zoning Map

 

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ATTACHMENT 3

Building Height Map

 

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ATTACHMENT 4

Floor Space Ratio Map

 

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ATTACHMENT 5

Bush Fire Prone Land Map

 

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ATTACHMENT 6

Design Verification Statement (Applicant)

 

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ATTACHMENT 7

SEPP 65 Peer Review

 

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ATTACHMENT 8

Clause 4.6 Request

 

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ATTACHMENT 9

Indicative Design Amendment

 


 

Lane Cove Local Planning Panel Meeting 23 May 2019

1 Ulonga Avenue, Greenwich

 

 

Subject:          1 Ulonga Avenue, Greenwich    

Record No:    DA18/76-01 - 18679/19

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

 

Property:

1 Ulonga Avenue, Greenwich

Lot 1 DP 23527

DA No:

DA76/2018

Date Lodged:

3 May 2018

Cost of Work:

$1,129,425.00

Owner:

Winphil Pty Ltd

Applicant:                        

Winphil Pty Ltd

 

Description of the proposal to appear on determination

Demolition of Existing Dwelling and Construction of a Boarding House Development

Zone

R2 Low Density Residential

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 3

Notification

Notified in accordance with Council policy and 14 submissions one petition (89 signatures) received. (Notification plan (AT1) attached).                              

 

REASON FOR REFERRAL

 

The Development Application is referred to the Lane Cove Local Planning Panel as the development is the subject of 10 or more unique submissions by way of objection.

 

EXECUTIVE SUMMARY

 

The Development Application is for the demolition of an existing dwelling and the construction of a boarding house pursuant to SEPP (Affordable Rental Housing) 2009.

 

The proposed boarding house is split over three levels and contains a total of 16 boarding rooms comprising 14 x single lodger rooms and 2 x double lodger rooms with communal facilities provided. Parking is principally provided on an open-deck car park with a total of 8 car parking spaces and 4 motorcycle spaces provided to the development.

 

The proposed boarding house has been assessed against the provisions of SEPP (Affordable Rental Housing) 2009 and is considered satisfactory. The proposal meets the development standards specified in the SEPP. The design of the boarding house is adequate with regard to compatibility with character, being generally in keeping with the local controls as demonstrated in a merit assessment against the provisions contained within Lane Cove Local Environmental Plan 2009 and Lane Cove Development Control Plan 2010 Part C – Residential Development. The merit assessment has determined amendments would be required to the design to reduce unnecessary bulk and scale and this is reflected in a draft conditions of consent, if the Panel is of a mind to approve the application.

 

The proposal was notified in accordance with Council policy and 14 submissions and one petition (89 signatures) were received. The concerns raised in submissions relate to traffic, character, parking and amenity impacts. The submissions are summarised and addressed in this report. 

 

The Development Application is referred to the Lane Cove Local Planning Panel with a recommendation for approval.

 

SITE

 

The development site is 1 Ulonga Avenue, Greenwich, and is legally known as Lot 4 DP 23527. The site is an irregular shape and has a frontage to Ulonga Avenue of 15.725m, a linear depth of 53.66m, and a total area of 856m2. The site has a cross-fall of 14.9m from Ulonga Avenue (being a high point of RL 92.4 adjacent to Ulonga Avenue to a low point of RL 77.5 at the rear southern corner of the site).

 

Figure 1: Aerial Photograph of Subject Site and Surrounds

 

The existing site contains a single split-level dwelling and ancillary structures. A single hardstand parking space is currently provided at street level. The existing dwelling is benched approximately 4 metres below street level with the benching supported by an existing retaining wall. To the rear of the existing dwelling the site slopes gradually to the rear boundary.

 

The site is adjoined by single detached dwellings to the north-western side boundary and south-western rear boundary. A seniors living development known as ‘Baytree’ adjoins the south-east facing side boundary. The north-eastern boundary fronts Ulonga Avenue. On the north-eastern side of Ulonga Avenue is located two single detached dwellings known as ‘Mandalay’ which is listed together as a heritage item of local significance under Schedule 5 of LCLEP 2009 (Item No. I134). A residential flat building is also located on the north eastern side of Ulonga Avenue to the south of the heritage items.

 

The relevant LCLEP 2009 maps relating to site zoning (AT2), building height (AT3), floor space ratio (AT4) and heritage (AT5) are attached.

 

PREVIOUS APPROVALS/HISTORY

 

Date

Description

7 December 2016

Development Application 46/2016 for an infill multi dwelling housing development (11 dwellings) under the SEPP (Affordable Rental Housing) 2009 refused under Delegated Authority.

 

 

PROPOSAL

 

The Development Application is for the demolition of the existing dwelling and construction of a 16 room boarding house under the provisions of SEPP (Affordable Rental Housing) 2009.

 

Level 2 (Street)

 

·    Communal room with washing facilities and balcony;

·    1 x double lodger boarding room with balcony;

·    Principal pedestrian entrance from Ulonga Avenue;

·    Common vertical circulation via stairwell and lift;

·    Vehicular entrance ramp from Ulonga Avenue to Level 1 parking; and

·    1 x parking space adjacent to the vehicular entrance ramp.

 

Level 1

 

·    An open deck car parking area containing 7 x parking spaces (inclusive of one accessible space) and motor cycle parking;

·    1 x double lodger boarding room; and

·    Common vertical circulation via stairwell and lift.

 

Ground Floor

 

·    14 x single lodger rooms including two accessible rooms; and

·    Common vertical circulation via stairwell and lift.

 

External to the building, the proposal includes private open space to the rear of the boarding house, the retaining wall to Ulonga Avenue is proposed to be reconstructed and landscaping works are proposed including the removal of 9 trees as a result of the development and 2 trees as the result of failure irrespective of the development.

 

The proposed architectural drawings and landscape drawings are attached (AT6 and AT7).


 

 

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:

 

 

 

SEPP 65 – Design Quality of Residential Apartment Development

 

A boarding house, even if in the form of a residential flat building (3 or more storeys), is specifically excluded from the application of SEPP 65 under Clause 4(4). If Council were to apply SEPP 65, the proposal would fail to meet amenity provisions relating to natural ventilation and solar access however Council is restricted in determining the application within the applicable instruments which do not have the same level of amenity consideration for future occupants.

 

SEPP (Affordable Rental Housing) 2009

 

The proposal has been assessed against the relevant provisions of SEPP (Affordable Rental Housing) 2009. The SEPP was amended on two occasions during the assessment of the proposal. The first amendment related to the required parking rate being increased from 0.2 to 0.5 spaces per room. The proposal was amended to comply with this provision. The second amendment related to the maximum number of rooms for a boarding house in the R2 zone being restricted to 12. The proposal relies on a savings provision specific to this amendment. The assessment against the SEPP is outlined in the following table:

 

Part 2 – New Affordable Rental Housing

Division 3 – Boarding Houses

Clause

Control

Proposal

Complies

26 – Land to which this Division applies

Any of the following land use zones:

 

(a)  (a) Zone R1 General Residential,

(b)  (b) Zone R2 Low Density Residential,

(c)  (c) Zone R3 Medium Density Residential,

(d)  (d) Zone R4 High Density Residential,

(e)  (e) Zone B1 Neighbourhood Centre,

(f)  (f) Zone B2 Local Centre,

(g) (g) Zone B4 Mixed Use.

 

The subject site is zoned R2 Low Density Residential under LCLEP 2009 and therefore the Division applies to the subject site.

Yes

27 – Development to which Division applies

(1) For the purposes of a boarding house

 

The proposal is for the purposes of a boarding house.

 

Yes

(2) Despite (1) clauses 29, 30 and 30A do not apply to land within Zone R2 Low Density Residential in the Sydney region unless the land is within an accessible area.

 

An accessible area is defined by the SEPP as follows:

 

accessible area means land that is within:

 

(a)  800 metres walking distance of a public entrance to a railway station or a wharf from which a Sydney Ferries ferry service operates, or

(b) 

(c)  400 metres walking distance of a public entrance to a light rail station or, in the case of a light rail station with no entrance, 400 metres walking distance of a platform of the light rail station, or

(d) 

(c)  400 metres walking distance of a bus stop used by a regular bus service (within the meaning of the Passenger Transport Act 1990) that has at least one bus per hour servicing the bus stop between 06.00 and 21.00 each day from Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each Saturday and Sunday.

 

The subject site is within 400 metres walking distance of a bus stop given its proximity to Pacific Highway. Walking distance is detailed in Figure 3 below being a maximum of 260 metres. Both bus stops have at least 14 different bus services that in totality meet the requirement to have at least one bus per hour between 6:00 and 21:00 each day Monday to Friday and between 08:00 and 18:00 on each Saturday and Sunday. Bus services run to various locations including but not limited to the CBD, Chatswood and North Sydney.

 

 

A desktop assessment of travel distances is attached (AT8).

 

Yes

28 – Development may be carried out with consent

 

Development to which this Division applies may be carried out with consent

The Development Application is for the purposes of seeking consent for a boarding house.

Yes

29 – Standards that cannot be used to refuse consent

if the density and scale of the buildings when expressed as a floor space ratio are not more than:

 

1(a) the existing maximum floor space ratio for any form of residential accommodation permitted on the land; or

 

1(b) – N/A

 

1(c) – N/A

 

The site has a maximum permitted FSR of 0.5:1 under LCLEP 2009. The proposed FSR is 0.49:1 being not more than the LCLEP 2009 maximum.

 

(Calculation: Level 2: 60m2, Level 1: 30m2, Ground: 320m2, Total: 410m2)

 

Site Area = 856m2

 

Yes

2(a) If the building height of all proposed buildings is not more than the maximum building height permitted under another environmental planning instrument.

 

The site has a maximum permitted building height of 9.5 metres under LCLEP 2009. The proposed building height is 9.4 metres being not more than the LCLEP 2009 maximum.

Yes

2(b) if the landscape treatment of the front setback area is compatible with the streetscape in which the building is located.

 

The landscape treatment of the front setback area on the low side of Ulonga Avenue (on which the subject site is located) is limited by the falling topography and in the specific case of 1 Ulonga Avenue, a benching of the site 3 metres below street level. Nonetheless, the proposal provides for a landscape treatment including trees (3 x blueberry ash 200 litre pot size with a mature height of up to 9 metres), shrubs (9 x swiss cheese plant) and native grasses to battered areas which once established will contribute to the landscape character of the locality. The landscape treatment of the front setback is therefore compatible with the streetscape in which the building is located.

 

Yes

2(c) where the development provides for one or more communal living rooms, if at least one of those rooms receives a minimum 3 hours direct sunlight between 9:00am and 3:00pm in mid-winter.

 

The communal living room on proposed Level 2 Plan will receive direct sunlight through Window 1 for 6 hours between 9:00am and 3:00pm mid-winter.

Yes

2(d) if at least the following private open space areas are provided (other than the front setback area):

 

i. one area of at least 20 square metres with a minimum dimension of 3 metres is provided for the use of the lodgers;

 

 

ii. if accommodation is provided on site for a boarding house manager, one area of at least 8 square metres with a minimum dimension of 2.5 metres is provided adjacent to that accommodation.

 

 

 

 

 

 

i. One area to the rear of the proposed boarding house with an area of approximately 45 square metres is provided for use of the lodgers.

 

 

 

ii. N/A

 

 

 

 

 

Yes

2(e)

 

(i) – N/A

 

(ii) – N/A

 

(iia) – In the case of development not carried out by or on behalf of a social housing provided – at least 0.5 parking spaces are to be provided for each boarding room.

 

(iii) – N/A

 

 

 

(i) N/A

 

(ii) N/A

 

(iia) The proposal provides for a total of eight (8) car parking spaces which equates to 0.5 parking spaces for each boarding room in compliance with the SEPP.

 

 

 

(iii) N/A

 

 

 

 

 

 

Yes

2(f) if each boarding room has a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of at least:

 

(i) 12 square metres in the case of a boarding room intended to be used by a single lodger, or

 

(ii) 16 square metres in any other case.

 

 

 

 

 

 

 

 

(i) Room 3-16: 12–13.41 square metres

 

 

 

 

(ii) Room 1-2: 16.09–19.12 square metres

 

 

 

 

 

 

 

Yes

 

 

 

 

Yes

3 – A boarding house may have private kitchen or bathroom facilities in each boarding room but is not required to have those facilities in any boarding room.

 

Each boarding room has private kitchenette and bathroom facilities.

Yes

4 -  A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).

 

The proposal complies with the provisions of subclause (1) and (2) as detailed above.

N/A

30 – Standards for Boarding Houses

(1) A consent authority must not consent to development to which this Division applies unless it is satisfied of each of the following:

 

(a)  if a boarding house has 5 or more boarding rooms, at least one communal living room will be provided,

 

(b)  no boarding room will have a gross floor area (excluding any area used for the purposes of private kitchen or bathroom facilities) of more than 25 square metres,

 

(c)  no boarding room will be occupied by more than 2 adult lodgers,

 

(d) adequate bathroom and kitchen facilities will be available within the boarding house for the use of each lodger,

 

(e)  if the boarding house has capacity to accommodate 20 or more lodgers, a boarding room or on site dwelling will be provided for a boarding house manager,

 

(f) (Repealed)

 

(g)  if the boarding house is on land zoned primarily for commercial purposes, no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits such a use,

 

(h)  at least one parking space will be provided for a bicycle, and one will be provided for a motorcycle, for every 5 boarding rooms.

 

 

 

 

 

 

 

(a) One communal living room provided.

 

 

 

 

(b) Maximum 19.12 square metre room size (Room 1).

 

 

 

 

 

 

(c) Room 3-16 are single lodger rooms and Room 1-2 are double lodger rooms.

 

 

(d) Provided to individual rooms.

 

 

 

 

 

(e) The proposal accommodates a maximum of 18 lodgers.

 

 

 

 

 

(f) N/A

 

(g) The land is primarily zoned for residential purposes and accordingly the requirements of subclause (g) do not apply.

 

 

 

 

 

 

 

(h) Conditioned to comply (4 motorcycle and 4 bicycle).

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

N/A

 

N/A

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

30AA – Boarding houses in R2 Low Density Residential zone.

A consent authority must not grant development consent to a boarding house on land within Zone R2 Low Density Residential or within a land use zone that is equivalent to that zone unless it is satisfied that the boarding house has no more than 12 boarding rooms.

The subject Development Application was lodged on 3 May 2018 prior to the 2019 amendment to the SEPP which introduced Clause 30AA on 28 February 2019. A savings provision (Clause 54C) was introduced accompanying Clause 30AA as follows:

 

54C   Savings and transitional provisions—2019 amendment

(1)  This clause applies to a development application that was made before the commencement of the amending SEPP and was not determined by a consent authority or, if appealed, not finally determined by a court before that commencement.

(2)  The application must be determined by applying all provisions of this Policy as if the amending SEPP had not commenced.

(3)  In this clause, the amending SEPP means State Environmental Planning Policy (Affordable Rental Housing) Amendment (Boarding House Development) 2019.

 

Accordingly, as the DA was made before the commencement of the amending SEPP the application must be determined by applying all provisions of this Policy as if the amending SEPP had not commenced.

 

The proposed 16 room boarding house will therefore be assessed as if the 12 room restriction in the R2 Low Density Residential zone was not a provision, having commenced after the lodgement of the DA.

 

N/A

 

Clause 30A – Character of local area

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

 

See assessment below.

Yes

Part 4 – Miscellaneous

 

Clause 52 – No subdivision of boarding houses

A consent authority must not grant consent to the strata subdivision or community title subdivision of a boarding house.

 

No strata subdivision or community title subdivision of the boarding house is permitted (Refer draft condition 5).

Yes

 

A.        Character of Local Area

 

Clause 30A of SEPP (Affordable Rental Housing) 2009 requires the consent authority to consider whether the design of the development is compatible with the character of the local area. The NSW Land and Environment Court has established a planning principle on compatibility in Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 181. The judgement specifies the most apposite meaning of compatibility in an urban design context is capable of existing together in harmony. It then goes on to stipulate that compatibility is thus different from sameness. The principle establishes two tests as to whether the proposal is compatible within its context which are addressed as follows:

 


 

 

Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

 

The proposal’s physical impacts on surrounding development have been assessed as being adequate. A merit assessment has been undertaken against the part of Lane Cove Development Control Plan 2010 applying to dwelling houses and impacts such as visual privacy and overshadowing have been considered. The proposal minimises overshadowing to adjoining properties noting that the proposal was amended during the course of the assessment to delete the roof covering to the car parking area which substantially improved solar access provision to the existing seniors living development to the south. In relation to visual privacy the proposal provides for adequate privacy measures including high sill windows to the ground floor boarding rooms. Further amendments would improve visual privacy and these are detailed in the DCP merit assessment below and reflected in draft conditions. In relation to noise impacts the proposal was accompanied by an acoustic report which includes recommendations to ensure the ongoing operation of the development does not result in adverse noise impacts to adjoining properties. The proposal does not constrain development potential of the surrounding area particularly given site isolation is not a consideration for R2 Low Density Residential zoned land.

 

Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

 

The proposal’s appearance has been considered in relation to buildings around it and the character of the street. A merit assessment has been undertaken against LCLEP 2009 and LCDCP 2010 which establishes key building envelope controls for residential development on R2 Low Density Residential zoned land. The proposal meets with the LEP building height (max 9.5m permitted) and floor space ratio (max 0.5:1). The proposal meets with the DCP side and rear setback controls and is consistent with the front setback on the lower side of Ulonga Avenue. The departures from the maximum number of storeys and wall height as stipulated within the DCP are addressed in the below merit assessment and are considered adequate given the limited depth of the third storey (subject to amendments), the single storey presentation of the development to the street, the residential flat building scale of the seniors living development to the south and the development generally responding to the topography of the site.

 

In summary the proposal is considered to meet both the physical impact and harmony test contained within Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 181. A summary of the merit assessment against the principal provisions of Lane Cove Development Control Plan 2010 Part C Residential, Part C1 – Dwelling Houses and Dual Occupancies, has been undertaken as detailed in the following table of compliance:

 

Lane Cove Development Control Plan 2010

Part C – Residential Development

Part C1 – Dwelling Houses and Dual Occupancies

 

Provision

Control

Proposed

Complies

Front setback (min)

 

Consistent with area or 7.5m

The proposal is provided with a 4.317m front setback which is consistent with the area having regard to the front setback of No. 3 Ulonga Avenue (2.7m) and the single storey nature of the proposal when viewed from the street.

 

Yes

 

Side setback (min)

 

1500mm

 

1500mm proposed to north western side boundary. Minimum 1830mm proposed to south-eastern side boundary.

 

Yes

 

Rear setback (min)

 

13.415m (25%)

21.8m

Yes

 

Wall Height (max) (max parapet of 600mm additional)

7.0m

 

The proposed maximum wall height is 9.0m being a 2.0m variation from the control. The variation occurs for part of the three storey component on both the northern and southern elevation.

 

With respect to the northern elevation, the extent of variation can be reduced by deleting the roof above the communal balcony resulting in a max wall height of 8.6m. This would provide a more appropriate bulk and scale adjoining No. 3 Ulonga Avenue. It would in effect create a stepping of the development from three, to two plus balcony, then single storey along the northern boundary stepping with, and responding to, the topography of the site. (Refer to draft condition 1A).

 

The wall height to the south adjoining the residential flat building style seniors living development would not be out of character with the wall height for that development being in the style of a residential flat building noting that the majority of the bulk adjoins a vehicular access ramp. However, there is opportunity to delete roof form over the proposed car park access ramp. This would provide a step in the building on the southern elevation and reduce bulk and overshadowing. A condition would be required to enact this amendment to ensure it is undertaken in accordance with the determination. (Refer to draft condition 1A).

 

A marked-up plan indicatively demonstrating the changes to the design are attached (AT9).

 

No, however satisfactory on merit subject to amendment.

 

Subfloor height (max)

1.5m

The subfloor height is a maximum 2.3m to the rear of the boarding house however this is considered reasonable given the topography of the site and the height of the structure above the subfloor at this point, being a single boarding house level with open-deck carparking above.

 

No, however satisfactory on merit.

Number of Storeys (max)

2

The proposed boarding house is part 3 storeys and part 1 storey. The 3 storey component is considered satisfactory for the following reasons having regard to local character:

 

·    The three storey component is limited in depth being 10m on the northern elevation (subject to draft condition 1A) and 13m on the southern elevation;

·    The boarding house would present as single storey to Ulonga Avenue;

·    The proposal is not out of character with the locality which includes residential flat building development;

·    The proposal steps with the topography of the site; and

·    The proposal is within the LEP height limit.

 

No, however satisfactory on merit.

Landscaped area (min)

35%

47% (deep soil)

 

Yes

 

Cut and Fill (max)

1m

The proposal provides for a balance of cut (3.6m) and fill (2.3m) which is considered satisfactory on merit being largely contained within the building platform and for a minor portion of the platform only (at the front and rear-most part of the building).

 

No, however satisfactory on merit.

 

Solar Access

 

A portion of windows are to receive 3 hours solar access between 9am and 3pm on 21 June.

 

Given the orientation of the site the seniors living development to the south/south-west is subject to overshadowing. The proposal provides compliant solar access between 12 noon and 3pm on 21 June to the subject and adjoining properties. The amendments recommended above to reduce wall height by uncovering the driveway would likely further reduce overshadowing (Refer AT9).

  

Yes

 

Provide for view sharing

Provide for view sharing.

The proposal is single storey in nature from the upslope properties and is considered to provide for reasonable district views noting also that the vegetation/trees to the rear of the subject site provides an obscuration of the view in any event from upslope properties. 

 

Yes

Deck/Balcony depth (max)

3m

 

The communal room balcony has a depth of 3.8m but can be limited by way of condition (refer draft condition 1A). It is noted that privacy has been addressed via privacy screens to the northern elevation. A frosted balustrade would also enhance privacy for No. 3 Ulonga Avenue (refer draft condition 1A).

 

Yes; once conditioned.

 

 

Subject to the amendments above the proposal is considered satisfactory with respect to Clause 30A and SEPP (Affordable Rental Housing) 2009.

 

SEPP 55 Remediation of Land

 

The provisions of State Environmental Planning Policy 55 – Remediation of Land (SEPP 55) have been considered in the assessment of the development application including reviewing the submitted Hazardous Materials Survey. The development application is considered to be satisfactory regard to the relevant matters for consideration under SEPP55 with contamination restricted to the dwelling given the age of the structure, and contamination unlikely to be on surrounding land given the historical use of the site as a dwelling. 

 

SEPP (BASIX) 2004

 

The proposal was accompanied by a BASIX Certificate in accordance with the requirements of SEPP (BASIX) 2004. The development application is considered satisfactory with respect to the SEPP subject to a draft condition of consent requiring the implementation of the Certificate requirements (refer draft condition 30).

 

Lane Cove Local Environmental Plan 2009 (LCLEP 2009)

 

Permissibility

 

The proposal is permissible in the R2 zone pursuant to SEPP (Affordable Rental Housing) 2009. A boarding house is also permissible in the R2 zone pursuant to LCLEP 2009.

 

Building Height

 

The maximum building height permitted on the subject site is 9.5 metres under LCLEP 2009 (refer AT3). The proposed building height is 9.45 metres based on the submitted survey detail and is therefore less than the maximum permitted under LCLEP 2009. The proposal complies with the building height development standard.

 

Floor Space Ratio

 

The maximum floor space ratio permitted on the subject site is 0.5:1 under LCLEP 2009 (refer AT4). The proposed floor space ratio is 0.49:1 and is therefore less than the maximum permitted under LCLEP 2009. The proposal complies with the floor space ratio development standard.

 

Heritage

 

Clause 5.10(5) stipulates that the consent authority may, before granting consent to any development require a heritage management document to be prepared for land that is within the vicinity of land on which a heritage item is located, to assess the extent to which the carrying out of the proposed development would affect he heritage significance of the heritage item concerned.

 

The subject site is land within the vicinity of land on which a heritage item is located. The land known as 2-4 Ulonga Avenue is listed in Schedule 5 LCLEP 2009. The items are listed as I134 and known as Mandalay. The items are located on the high-side of Ulonga Avenue and the proposed development on the low-side. The proposed development would present to the street as single storey and would not be out of character with the street having regard to the flat roof design of the adjoining seniors living development. The heritage impact is considered satisfactory and does not warrant further assessment or the provision of a heritage management document.

 

 

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

 

 

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

 

 

(iii)       Any development control plan

 

 

Lane Cove Development Control Plan 2010

 

The proposal complies with the relevant provisions of Lane Cove Development Control Plan 2010 as outlined in the following table of compliance:

 

Part C5 – Boarding Houses

Clause

Control

Proposal

Complies

5.2 – Social Impact

Social Impact Assessments must be provided for proposed boarding houses.

 

The proposal was accompanied by a Social Impact Assessment which demonstrates a reasonable level of substantive, objective evidence, for the establishment of a boarding house, with the social impact acceptable subject to appropriate management measures. A Plan of Management is recommended to be required as a condition of consent (Refer draft condition 2).

 

Yes

5.3 – Internal Amenity

The maximum kitchen area within a boarding house room is 2 square metres.

 

The maximum kitchen area does not exceed 2 square metres.

Yes

 

The following referrals were undertaken as part of the assessment of the Development Application:

 

Referral

DCP

Comment

Waste Management

 

Part Q – Waste Management and Minimisation

No objection subject to draft conditions.

Engineering

 

Part O – Stormwater Management

No objection subject to draft conditions.

Landscaping

 

Part J – Landscaping

No objection subject to draft conditions.

Tree Preservation

 

Part J – Landscaping

No objection subject to draft conditions.

Traffic, Transport and Parking

 

Part R – Traffic, Transport and Parking

No objection subject to draft conditions.

Building Surveyor

 

N/A

No objection subject to draft conditions.

Environmental Health

 

N/A

No objection subject to draft conditions including implementing measures from the submitted acoustic report (Refer draft condition 71).

 

 

 

 

(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 have been considered and demonstrated to not adversely impact the locality.

 

 

(c)  The suitability of the site for the development

 

 

The site suitability has been established having particular regard to the accessibility and character compatibility provisions under SEPP (Affordable Rental Housing) 2009.

 

 

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

 

 

The proposal was notified in accordance with Council policy and 14 submissions and one petition (containing 89 signatures) were received. The submissions are summarised and addressed within the following table:

 

Concern

Comment

Insufficient parking

The proposal is provided with the required number of parking spaces under SEPP (Affordable Rental Housing) 2009 and cannot be refused on the grounds of parking.

 

 

Traffic congestion

 

The proposal provides for the required number of car parking spaces and is not considered to be a traffic generating development. Council’s Traffic and Transport Section have reviewed the proposal and raise no objection on the basis of traffic generation.

 

Unauthorised use of private property for vehicle access and parking.

 

The unique street characteristics of Ulonga Avenue acknowledged including the absence of a cul-de-sac head before private property at 6 Ulonga Avenue to which the Ridgeview development has a right of access across. Improper use of No. 6 Ulonga Avenue is a management matter for Baytree. Notwithstanding, a draft condition of consent has been proposed to include pedestrian and vehicle access diagrams within a Plan of Management for the site to ensure occupants are aware of the public road and footpath networks to the site (Refer draft condition 2).

 

Increased foot traffic

 

The frontage of No. 1 Ulonga Avenue provides reasonably direct access to a public footpath across Ulonga Avenue to the high-side of the street. Pedestrians utilising this lawful access path will not unduly interfere with vehicle movements on the street.

 

Construction traffic management

 

Any construction traffic management plan would be required to ensure access is maintained to properties on Ulonga Avenue with the assessment any construction permit applications having regard to the unique constraints of the street.

 

Waste management including bin location and collection point.

 

Council’s Environmental Health Section have reviewed the proposal and consider that a bin-storage area within the frontage of the site, and bin presentation on the corner of Ulonga Avenue and Innes Road is reasonable (Refer draft condition 85).

 

Non-provision of social impact assessment or inadequate detail.

 

A Social Impact Assessment was provided and is considered adequate for the purpose of establishing a demand for a range of housing options within the locality.

 

Amenity of the boarding house including number of south facing rooms, size of rooms and communal room size.

 

The proposal meets the minimum room dimensions specified in SEPP (Affordable Rental Housing) 2009. The applicant was requested to provide for additional articulation during the course of the assessment of the proposal to address both corridor length and building articulation. The amended plans provided an uncovering of the car parking area (reducing perceived bulk) and minor external finish variation. The amenity is not to the standard of the ADG however this is not called up under SEPP (Affordable Rental Housing) 2009.

 

A site manager should be provided.

 

The proposal does not meet the threshold for a site manager under SEPP (Affordable Rental Housing) 2009 (+20 lodgers).

Detracting from heritage item.

 

The proposal is not considered to detract from the heritage item as outlined in this report.

 

Character not in keeping with locality, and the bulk and scale is excessive.

 

The compatibility of the development with the character of the locality is addressed earlier in this report and is considered adequate.

Landscaping to Baytree (No. 6 Ulonga Avenue).

 

The proposal was amended to provide for enhanced landscaping. Screening tree heights and pot sizes have been specified in draft conditions of consent (see Landscaping conditions). Where landscaping is limited generally coincides with the access ramp for Baytree. In any event, plants with a mature height in excess of 3m are proposed in that area which will minimise the visual bulk of the building when viewed from No. 6 Ulonga Avenue.

 

Noise and light spill from open-deck car park.

 

It is considered that suitable lighting design for the carpark area can be undertaken to ensure that light spill does not adversely impact No. 6 Ulonga Avenue. A draft condition of consent is recommended (refer draft condition nos. 97 and 98) requiring compliance with the relevant Australian Standard to be demonstrated through modelling prior to the issue of a Construction Certificate with certification prior to the issue of an Occupation Certificate. The modelling is to also include headlight spill assessment and ensure that this is appropriately mitigated through design.

 

Roof Pitch and unacceptable visual impact.

 

The extent of the roof would be reduced through design amendments and is not considered excessive or out of character particularly given the proximity to Baytree which is also in the flat-roof style.

 

Privacy impacts to No. 3 Ulonga Avenue.

 

The privacy impacts to No. 3 Ulonga Avenue have been considered and the common area deck has been conditioned to reduce its depth and provide frosting to the glass portion of the balustrade. Upon further consideration, a louvred privacy screen 1.8m high to the top of the carpark solid balustrade on the north and south edge of the car park would reduce opportunities for overlooking and is recommended as a draft condition of consent (Refer Condition 1A(vi). It is noted that the carpark is small in scale and lighting and noise have been adequately mitigated through draft conditions of consent.

 

 


 

 

 

(e) Public Interest

 

 

The proposal is in the public interest as it provides for a permissible form of residential accommodation and is compliant with the provisions of SEPP (Affordable Rental Housing) 2009.

 

SECTION 7.11 ASSESSMENT

 

The proposal is subject to the Lane Cove Council Section 94 Contributions Plan (now referred to as Section 7.11 in the Act). The Section 7.11 contribution for the proposed boarding house development is calculated in accordance with the Plan as follows:

 

Number of Rooms

Occupancy Rate

Per Person Rate

Contribution

14 single lodger

1 person per room

 

$10,332.00

$144,648.00

2 double lodger

1.9 persons per room

$19,630.80

$39,261.60

 

 

Total

$183,909.60

 

A credit is applied under the Plan for the existing dwelling house is $20,000 (capped).

 

The required amount to be paid is $163,909.60, being the contribution less the credit.

 

CONCLUSION

 

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

 

The boarding house complies with the provisions of SEPP (Affordable Rental Housing) 2009. The compatibility with the character of the locality has been tested and is considered adequate in this instance generally meeting with built form controls for dwelling house development in the R2 Low Density Residential zone. Further amendments recommended Condition 1A would ensure the development minimises its bulk and scale.

 

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

 

 


 




RECOMMENDATION

 

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 23 May 2019, exercising the functions of Council as the consent authority, grant development consent to Development Application DA76/18 for the demolition of existing structures and construction of a boarding house on Lot 1 DP 23527 and known as 1 Ulonga Avenue, Greenwich, subject to the following conditions:

 

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

 

Drawing No.

Title

Author

Revision

Date

AP01

Site Plan

ATJ Architects

D

07/2018

AP02

Floor Plans

ATJ Architects

D

07/2018

AP03

Floor Plans

ATJ Architects

D

07/2018

AP04

Elevations

ATJ Architects

D

07/2018

AP05

Sections

ATJ Architects

D

07/2018

LA100

Cover Sheet

Parker Designer Landscapes

D

12/02/2019

LA101

Site Survey Plan

Parker Designer Landscapes

D

12/02/2019

LA102

Landscape Plan

Parker Designer Landscapes

D

12/02/2019

LA103

Landscape Sections

Parker Designer Landscapes

D

12/02/2019

LA104

Landscape Details

Parker Designer Landscapes

D

12/02/2019

LA105

Appendix

Parker Designer Landscapes

D

12/02/2019

 

            except as amended by the following conditions.

 

1A.      The following amendments are to be made to the architectural plans prior to the issue of a Construction Certificate to the satisfaction of Council’s Manager Development Assessment:

 

            i.          The roof structure above the common area balcony is to be deleted to reduce the                         bulk and scale of the development on the northern elevation;

            ii.          The common area balcony is to be reduced in depth to 3m and frosted glazing                              provided to the balustrade (with northern privacy screen maintained) to reduce                             potential for overlooking to No. 3 Ulonga Avenue;

            iii.         Disabled access is to be provided to the rear private open space area by way of a                         platform lift or similar from the Ground Floor Level;

iv.        The landscape plan is to be updated to relocate one Blueberry Ash tree beneath the front setback parking bay, fix a minor error relating to the mirroring of an elevation drawing, and to be consistent with the amended architectural plans;

v.         The architectural plans are to be amended to show the car parking space within the front setback as being structurally isolated from the remainder of the building to ensure the structure can be easily removed if a pipe is required to be constructed within the drainage easement;

vi.        A louvred privacy screen is to be provided to the top of the solid balustrade to a height of 1.8m from the carpark surface level along the northern and southern elevation of the carparking area; and

vii.        The two storey covering to the driveway ramp is to be deleted to reduce the bulk and scale of the boarding house. 

           

            Prior to the issue of a Construction Certificate a structural engineer is to certify compliance with Condition 1A(v).

 

 

2.         A Plan of Management is to be prepared to the satisfaction of Council prior to the issue of a Construction Certificate and is to include all operational requirements conditioned as part of this consent including the site management provisions of the submitted acoustic report, both vehicular and pedestrian access diagrams to ensure the public road/footpath network is used to access the site. The use of the site as a boarding house must comply with the Plan of Management at all times.

 

3.         The boarding rooms are to be occupied by no more than the following at the same time:

 

            i.          Room 1 and 2 (per room): Two adults

            ii.          Room 3 to 16 (per room): One adult

 

4.         The development is to be provided with eight car parking spaces including one accessible             space, four bicycle spaces and four motorcycle spaces for the use of residents at all times.

 

5.         The strata subdivision or community title subdivision of the development is not permitted.

 

6.         A positive covenant requiring the removal of any structure in the drainage easement (where it burdens the subject site) to be at no cost to Council or any benefitting allotments is to be placed on Title prior to the issue of a Construction Certificate.

 

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

 

8.         All building works are required to be carried out in accordance with the provisions of the Building Code of Australia. A Completion Certificate is to be issued by either the Principal Certifying Authority or a qualified accredited Fire Safety Engineer, confirming that all identified Performance Solutions have been completed for the building PRIOR TO THE ISSUE OF A FINAL OCCUPATION CERTIFICATE.

 

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

 

10.       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.

 

11.       THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN (NOW KNOWN AS SECTION 7.11 IN THE ACT).  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

The Section 7.11 Contribution for the boarding house development is calculated at the current rate of $10,332.00 per person (2018-2019) as follows:

 

           

Number of Rooms

Occupancy Rate

Per Person Rate

Contribution

14 single lodger

1 person per room

 

$10,332.00

$144,648.00

2 double lodger

1.9 persons per room

$19,630.80

$39,261.60

 

 

Total

$183,909.60

 

 

A credit is applied under the Plan for the existing dwelling house is $20,000 (capped).

 

The required amount to be paid is $163,909.60, being the contribution less the credit.

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

Reason:  To provide community services and infrastructure for additional residents

 

12.       A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

13.       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 

                                                         High noise generating activities, including rock breaking and saw cutting be restricted between 8am to 5.00pm with a respite period between 12.00 noon to 1.30pm Monday to Friday

 

        Saturday                                  8am to 12 noon

                                                         with NO high noise generating activities, including excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N. 

 

Sunday      No work Sunday or any Public Holiday.

 

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

 

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

 

 

14.       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.

 

15.       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.

 

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

 

17.       All metal deck roofs being of a ribbed metal profile, in a mid to dark colour range with an anti-glare finish. The intent of the condition is to reduce sun reflection and glare to protect the amenity of surrounding residents.

 

18.       A check survey certificate is to be submitted at the completion of:-

 

a          The establishment of the ground floor level;

b          The establishment of Level 1;

c          The establishment of Level 2;

d          The roof framing; and

a          The completion of works.

 

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

 

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

 

20.       The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

21.       All demolition works being completed within a period of three (3) months from the date of commencement.

 

22.       All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

 

23.       All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

24.       The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

25.       Compliance with the submitted Waste Management Plan.

 

26.       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.

 

27.       Lane Cove Council charges a fee for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

 

28.       A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

29.       Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by 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.

 

30.       BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

            Reason:  To ensure buildings achieve minimum heating/cooling/energy and water efficiency

 

Engineering Conditions

 

31.       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.

 

32.       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

 

33.       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.

 

34.       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.

 

35.       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.

 

36.       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.

 

37.       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’.

 

 

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

 

39.       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.

 

40.       Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

41.       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.

 

42.       Dilapidation Report The applicant is to provide a dilapidation report of all adjoining properties (No. 3 Ulonga Avenue and No. 6 Ulonga Avenue) and any of Councils infrastructure located within the zone of influence of the proposed excavation.

 

Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principal Certifying Authority and the owner(s) of the land for which the survey was conducted prior to issue of a Construction Certificate.

 

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority and the owner(s) of the land for which the survey was conducted prior to issue of an Occupation Certificate.

 

43.       Council infrastructure damage bond: The applicant shall lodge with Council a $3000 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.

 

44.       Drainage Plans Amendments: The stormwater drainage plan [18-021] prepared by [TPC] dated [March 2018] is to be amended to reflect the following conditions.

A.  OSD base should have minimum 1% fall but it is not provided in plan

B.  Levels in OSD cross section are incomplete or incorrect. This need to be amended. TWL and grate levels should be given in plan

C.  Over flow path should be provided in OSD

D.  Runoff from driveway and other paved area should be connected to OSD

E.   Subsoil seepage line to be provided and connected to OSD

F.   Existing pipe in easement must be located and shown in plan including location, size and depth.

G.  Existing easement must be kept clear for natural overland flow.

H.  Any building work adjacent to easement must satisfy Council requirements

 

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

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

 

45.       Construction adjacent to or parallel to a drainage Easement / pipeline:  The footings of the proposed structure adjacent to the Council drainage easement shall be taken below the zone of influence of the Council stormwater line. The location and depth of the footings in relation to the stormwater line, along with the design of the footings, are to be detailed on engineering plans. The engineering plans are to be completed and certified for construction by a suitably qualified engineer and be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

           

            On completion of the works and prior to the issue of the Occupation Certificate the design engineer shall certify that structure has been constructed in accordance with the approved plans and is within acceptable construction tolerances. The certification is to include a Work as Executed plan. The Work-as-Executed must show the location of all structures in the vicinity of the Council drainage easement, indicating that all footings are located below the zone of influence of the Council stormwater line.

 

46.       Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council in order to stop street gutter flow entering site. The driveway opening width along at the face of kerb is to be no wider than 4.5m, in the interest of pedestrian safety. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

47.       Redundant Gutter Crossing:  All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

48.       Temporary Footpath Crossing:  A temporary footpath crossing must be provided at the Vehicular access points and made out of sections of hardwood with chamfered ends and strapped with hoop iron.

 

49.       Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to cover the registration of a Positive Covenant over the onsite detention system. Lodgement of this bond is required prior to the issue of the Construction Certificate

 

50.       Positive Covenant OSD:  Documents giving effect to the creation of a positive covenant over the on-site detention system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wording of the terms of the positive covenant shall be in accordance with Part O, Council’s DCP-Stormwater Management.

 

51.       On-Site Stormwater Detention System - Marker Plate:  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s DCP-Stormwater management. An approved plate may be purchased from Council's customer service desk.

 

52.       On-Site Stormwater Detention Tank: All access grates to the onsite stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

53.       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.

 

54.       Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management.

 

Tree Management Conditions

 

55.       Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area in accordance with State Environmental Planning Policy (Vegetation in non-rural areas) 2017. Part 2 Section 7(1) of the SEPP states “A person must not clear vegetation in any non-rural area of the State to which Part 3 applies without the authority conferred by a permit granted by the council under that Part.” Clearing of vegetation includes “a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or b) lop or otherwise remove a substantial part of the vegetation.” Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000.

 

56.       This consent gives approval for the removal of tree numbers 2, 3, 4, 5, 6, 7, 8, 9, 10, 13 and 14 as recommended in the Arborist report. Trees may be removed upon issue of the Construction Certificate only.

 

57.       The project Arborist is to clearly mark the trees approved for removal with spray paint prior to trees removed. The reason is to ensure the correct trees are removed.

 

58.       Trees removed as part of the DA process must be replaced at a ratio of no 1:1 and all plantings/landscaping must comply with part J Landscaping of the Lane Cove Development Control Plan 2010. The replacements are to be no less than 4 metres in height at the time of installation and installed prior to the issue of the Occupation Certificate.

 

 

59.       A Project Arborist of minimal AQF Level 5 qualification is to be appointed prior to the issue of the Construction Certificate to oversee/monitor trees condition during construction and sign off on tree protection measures. Trees are to be monitored throughout construction and a statement produced upon completion demonstrating the trees have been maintained in appropriate condition. All certificates and statements are to be made available to the Principal Certifier within five days of site attendance and must be available to council immediately upon request; failure to produce the latest certificate will be considered a breach of conditions. Final certification is to be submitted to the Principal Certifier prior to the issue of Occupation Certificate.

 

60.       Trees 1, 11, 12, 15, 16 and 17 are to be retained and protected for the life of the development. Trees are to be protected in accordance with the Arborists recommended setbacks contained in table 2 page 8 of the report.

 

61.       Tree protective measures may be amended by the project Arborist only. Measures must be substituted and not removed. All protection measures must comply with AS4970 Protection of Trees on Development Sites (2009) and be documented in writing. All documents are to be submitted to the Principal Certifier prior to the amendments taking place.

 

62.       Initial excavation required within 4.6 metres of tree 1 is to be carried out manually under the supervision of the project Arborist. No civil machinery is to be used unless approved by the project Arborist. Roots are to be, assessed, pruned and documented by the Project Arborist then submitted with the final statement of compliance upon completion of the project prior to the issue of Occupation Certificate. The reason is to minimise impact on neighbouring tree number 1.

 

63.       Arborists recommendations made in section F regarding pruning works and section H regarding the location of services are to be complied with.

 

64.       A Tree protection plan and work method statement produced by an AQF5 Consulting Arborist is to be produced specifically for trees 5, 20, 21 and 22. Neighbouring trees 4 and 9 are also to be included in the protection plan. The reason is to minimise impacts on retained and neighbouring trees from development and stormwater installation. Document is to be submitted to the Principal Certifier prior to the issue of the Construction Certificate.

 

65.       All tree protective measures must be in place prior to any works commencing on the site and must be maintained for the duration of works on the site. The plan must include a work method statement specific to working within the tree protection zones. The plan must meet Australian Standard AS4970-2009 Protection of Trees on Development sites and AS4373-2007 Pruning of Amenity Trees. All of the above is required prior to the issue of the Construction Certificate.

 

66.       There must not be any stockpiling of building materials or other materials or dumping of refuse to occur within the TPZ area of retained trees. Dry material may be temporarily stored on the provision ground protection is installed to the specification of AS5970 Protection of Trees on Development Sites (2009).

 

Environmental Health Conditions

 

67.       The recommendations set out in section 5 of the Hazardous Materials Survey prepared by JBS&G (Ref 55380/118151 Rev 2) dated 22 March 2019 are to be implemented.

 

 

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

 

69.       An Asbestos Clearance Report, completed by a competent person or licensed asbestos assessor, must be provided to council following the removal of all asbestos containing material from the site and prior to the commencement of bulk excavation.

 

70.       Any imported fill shall be sampled prior to importation and shall conform to VENM (virgin excavated natural material) as per EPA Waste Classification Guidelines –Part 1: Classifying Waste (Nov 2014).

 

71.       The recommendations set out in section 8 of the Acoustic report prepared by Northrop Consulting Engineers (Ref: SY182429-AUR01) dated 12/03/19 are to be implemented.

 

72.       Demolition Works and Asbestos Removal/Disposal

  The demolition of any existing structure is to be carried out in accordance with Australian Standards AS 2601-2001: The Demolition of Structures.  All vehicles leaving the site carrying demolition materials are to have the loads covered and are not to track any soil or waste materials into the road.  Pursuant to Section 27A of the Occupational Health and Safety Act 1983 “notification to Commence Demolition Work” form is to be submitted to Workcover at least seven days prior to work commencing.  All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the Workcover Authority and EPA guidelines and requirements.  The asbestos must be removed by a bonded asbestos licensed operator.  Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required.

 

73.       Dust Control

The following measures must be taken to control the emission of dust:

 

a)  Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work

b)  Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter

c)  All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system

d)  All stockpiles of materials that are likely to generate dust must be kept damp or covered

e)  Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

74.       Dust During Construction

Dust suppression techniques are to be employed during works to reduce any potential nuisances to surrounding residences

 

75.       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.

 

76.       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)

 

77.       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.

 

78.       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.

 

79.       Clean water only to stormwater system

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

 

80.       Noise Control – Offensive Noise

To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environmental Operations Act 1997.

 

81.       Noise Control – Residential Air Conditioning units

To minimise the impact of noise from the air conditioning unit, it shall be located 3 meters from the boundary and/or attenuated so that noise generated does not exceed 5db(A) above the ambient background level between 7am and 10pm on weekdays and 8am and 10pm on Weekends and Public Holidays.

 

            Any noise emitted by the air conditioning unit shall not be audible within a room of any residential dwelling or sole occupancy unit at any time within the hours of 10pm and 7am on weekdays and 10pm and 8am on weekends and public holidays.

 

82.       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

 

83.       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.

 

84.       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.

 

85.       Waste and recycling bins are to be presented by the owner/occupants at the corner of Ulonga Avenue and Innes Road for collection.  Upon the bins being emptied the bins are to be wheeled back to the bin storage enclosure and not left on the street verge.

 

Landscape Conditions

 

86.       All substantial trees and that part of the landscaping scheme visible from the public domain shall comprise indigenous plants.

 

87.       The landscape treatment should assist in ensuring that the development is not visually intrusive by providing visual softening of buildings, driveways and car parking areas. Trees within the front setback should be a minimum of 200 litre pot size.

 

88.       The establishment and ongoing maintenance of new plantings shall be incorporated into the landscape documentation and include a 12-month establishment period from the time of Practical Completion. Plants with low watering requirements are preferred. The use of plants with high watering requirements should be minimised. Where these are used, details of the proposed irrigation system should be specified. Irrigation should be supplied to plantings over slabs and in planter boxes but not areas that are adjacent to bushland.

 

89.       Trees that are removed as part of the DA process must be replaced at a 1:1 ratio. Replacement trees must be able to reach the potential mature dimensions of the removed trees.  The trees must be planted before issuance of the occupation certificate.  All specimens must conform to Australian Standard 2303: Tree Stock for Landscape Use and be of an appropriate pot size for the intended location and use to ensure best chance of long-term health and vigour. All boundary screen plant species to be used for landscaping must be a native species in keeping with Lane Cove Councils landscape policy to be installed in pot sizes no smaller than 100 litres

90.       A landscape practical completion report must be prepared by the consultant landscape architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. This report must certify that all landscape works have been completed in accordance with the landscape working drawing. A copy of the report must be submitted to Council. Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within five (5) working days of the date of issue.

 

91.       A copy of the agreed maintenance schedule of all site landscaping shall be submitted by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of the Certificate of Occupation.

 

92.       A qualified practising landscape architect or landscape designer is to certify that the proposed subsoil drainage and any associated waterproofing membrane, have been installed in accordance with the details shown on the landscape working drawings and specification. Works are not to progress until the principal certifying authority has confirmed that this condition has been satisfied. Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within five (5) working days of the date of issue.

 

93.       At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant material has been successfully established, that all of the outstanding maintenance works, or defects have been rectified prior to preparation of the report and that a copy of the 12-month landscape maintenance strategy has been provided to the Owner/ Occupier.  A copy of the report must be submitted to Council. Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within 5 working days of the date of issue.

 

94.       All plants shall be maintained in a healthy condition for the life of the development with replacement plants installed within 6 months of their demise. 

 

95.       The Applicant must ensure that there are enough groundcovers and low shrubs planted at appropriate distances and depths to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works. Where screen planting is required throughout the development, plants must have a height of 2 m at planting.

 

96.       The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

Lighting Conditions

 

97.       The car park and access ramp is to be designed to comply with AS4282-1997 with appropriate computer modelling certifying compliance with the standard to be submitted prior to the issue of a Construction Certificate. The modelling should also ensure that headlight spill is prevented to adjoining properties from vehicles using the car parking within any mitigation included on the plans prior to the issue of a Construction Certificate.  

 

98.       Prior to the issue of an Occupation Certificate a certificate of completion is to be provided by a lighting engineer to certify that compliance with the modelling required by condition 98 of this consent has been achieved and that all mitigation measures have been installed.

 

Traffic Conditions

 

99.       The proposed car park design shall comply with AS 2890.1-2004. This includes all parking spaces, ramps, aisles, disabled parking and loading areas.

 

100.     All accessible car spaces in the public car park are to be adequately signposted and linemarked and provided in accordance with AS2890.6: 2009 including the adjacent shared space and the height clearance.

 

101.     All vehicles must front in/ front out to/ from the development.

 

102.     Install wheel stops on all car parking spaces to prevent any collision with structures or objects.

 

103.     An Addendum Traffic Report assessing the safety and functionality of the basement car park, including details of any proposed signalised system should be provided and reviewed by Council’s preferred Traffic Consultant before issuing of Construction Certificate.

 

104.     The Construction Traffic Management Plan must be submitted to Lane Cove Council for further approval before issuing the construction certificate.

 

105.     Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of preparation of the Construction Traffic Management Plan.

 

106.     Due to requirements for safe traffic and pedestrian movement, loading or unloading of any vehicle or trailer carrying material associated with the development must not take place on the public road unless within an approved Works Zone.

If the Works Zone is required, the developer must give the Council written notice of at least six (6) weeks prior to the date upon which use of the Works Zone will commence and the duration of the Works Zone approval shall be taken to commence from that date. All vehicle unloading/loading activities on a public roadway/footway are to be undertaken within an approved Works Zone.

 

 

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Notification Plan

2 Pages

 

AT‑2View

Zoning Map

1 Page

 

AT‑3View

Building Height Map

1 Page

 

AT‑4View

FSR Map

1 Page

 

AT‑5View

Heritage Map

1 Page

 

AT‑6View

Architectural Plans

7 Pages

 

AT‑7View

Landscape Plans

6 Pages

 

AT‑8View

Accessible Area Assessment

1 Page

 

AT‑9View

Indicative Design Amendments

3 Pages

 

 

 


ATTACHMENT 1

Notification Plan

 

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ATTACHMENT 2

Zoning Map

 

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ATTACHMENT 3

Building Height Map

 

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ATTACHMENT 4

FSR Map

 

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ATTACHMENT 5

Heritage Map

 

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ATTACHMENT 6

Architectural Plans

 

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ATTACHMENT 7

Landscape Plans

 

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ATTACHMENT 8

Accessible Area Assessment

 

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ATTACHMENT 9

Indicative Design Amendments

 

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