Lane Cove Local Planning Panel 23 May 2019

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Minutes

Lane Cove Local Planning Panel Meeting

23 May 2019

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RESENT:                                Mr Robert Montgomery, Chairman, Mr Kevin Hoffman, Planning Expert, Mr Steve Fermio, Environmental Expert, Ms Maria Linders, Community Representative

 

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

 

DECLARATIONS OF INTEREST:   Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Lane Cove Local Planning Panel Reports

 

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

 

DETERMINATION

 

That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, Council’s Local Planning Panel at it’s meeting of 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 DA2.010 Rev D, DA2.100 Rev D, SK110 Rev B and SK111 Rev B

·    Dated 11/3/19 and 08/05/19

·    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.

 

Panel Reasons

 

·        The Panel agrees with the Officer’s assessment of the development application.

·        The development application satisfies all relevant statutory requirements.

 

 

The decision of the Panel was unanimous

 

 

13 Point Road Northwood

 

DETERMINATION

 

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 and 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.

 

Panel Reasons:

 

·        The Panel agrees with the Officer’s assessment of the development application.

·        The development application satisfies all relevant statutory requirements.

 

 

The decision of the Panel was unanimous

 

 

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

 

DETERMINATION

 

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(3) 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 Deferred Commencement 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:

 

This consent shall not operate until the applicant satisfies the consent authority by producing satisfactory evidence relating to the matters set out in Part A within one year of the issue of this consent.

 

It should be noted that the consent will lapse if the matters set out in Part A are not satisfied.

 

Upon the consent authority being satisfied as to compliance with the matters set out in Part A the consent shall become operative and take effect from the date of notification under Section 95 of the Environmental Planning and Assessment Regulations subject to the conditions set out in Part B.

 

PART A – DEFERRED COMMENCEMENT CONSENT:

 

The consent will not operate and it may not be acted upon until the Council or its delegate is satisfied as to the following matter:

 

1.       The following amendments are to be made to the development application plans to the satisfaction of Council’s Manager Development Assessment:

 

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 1(v) can be relocated to the uppermost level (Plan 9) generally in accordance with the indicative Option 3 submitted to Council.

                         vii.    Amended floor plans and elevations shall be provided which document the changes required within condition 1.

PART B – CONDITIONS OF CONSENT:

Note: This part of the consent will not become operable until Council advises that the matters contained in Part A are satisfied.

 

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

 

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 Sunday: 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.

 

Panel Reasons

 

·        The Panel agrees with the Officer’s assessment of the development application.

 

·        A complete set of plans which detail the amendments proposed to the southern elevation and consequential amendments has not been submitted by the applicant.  The Panel therefore considers that deferred commencement consent is appropriate in these circumstances.

 

 

The decision of the Panel was unanimous

 

 

1 Ulonga Avenue, Greenwich

 

DETERMINATION

 

That pursuant to Section 4.16(3) 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 Deferred Commencement 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.

 

This consent shall not operate until the applicant satisfies the consent authority by producing satisfactory evidence relating to the matters set out in Part A within one year of the issue of this consent.

 

It should be noted that the consent will lapse if the matters set out in Part A are not satisfied.

 

Upon the consent authority being satisfied as to compliance with the matters set out in Part A the consent shall become operative and take effect from the date of notification under Section 95 of the Environmental Planning and Assessment Regulations subject to the conditions set out in Part B.

 

PART A – DEFERRED COMMENCEMENT CONSENT:

 

The consent will not operate and it may not be acted upon until the Council or its delegate is satisfied as to the following matters:

 

1.         The following amendments are to be made to the architectural plans 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.  

            viii.      A temporary loading and unloading space/platform suitable for heavy vehicle use is to be provided within the front setback area for all materials delivery.

2.         A Plan of Management is to be prepared to the satisfaction of Council 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 Plan shall also include the following details:

·        Complaints management procedures, including an all hours phone number to report incidents;

·        Security arrangements;

·        Restricted hours for use of outdoor common areas;

·        Alcohol consumption.

 

3.         A Waste Management Plan is to be prepared to the satisfaction of Council which includes the following:

·      Bin storage area to be relocated to a location which is not within the front setback area; and

·      Bins shall be serviced by a private contractor from the front of the property.

4.         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.

 

5.         A Construction Traffic Management Plan must be submitted to Lane Cove Council for further approval.

 

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

 

PART B – CONDITIONS OF CONSENT:

Note: This part of the consent will not become operable until Council advises that the matters contained in Part A are satisfied.

 

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

 

Drawing No.

Title

Author

Rev

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.

 

 2.        Prior to the issue of a Construction Certificate a structural engineer is to certify compliance with Condition 1(v) of Part A of this consent.

 

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.

 

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.

 

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 take place within the site in the designated loading area.

Should a Works Zone be  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 must take place within the site in the designated loading area unless approved by Council. 

 

107.   The use of the site as a boarding house must comply with the approved Plan of Management at all times.

 

Panel Reasons

 

·        The Panel acknowledges the concerns raised by the residents of Ulonga Avenue, however the proposed boarding house is subject to the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 which overrides local planning and development controls.

·        The Panel agrees with the Officer’s assessment of the development application.

·        A number of matters have not been finally resolved by the applicant.  The Panel considers that deferred commencement consent is appropriate in these circumstances.

 

 

The decision of the Panel was unanimous

 

 

The meeting closed at 6.50 pm

 

 

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