Logo Watermark

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

Lane Cove Local Planning Panel Meeting

2 July 2019, 5:00pm

 

LC_WebBanner


 

Notice of Meeting

 

Dear Panel Members,

 

Notice is given of the Lane Cove Local Planning Panel Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove on Tuesday 2 July 2019 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Lane Cove Local Planning Panel Meeting Procedures

 

The Lane Cove Local Planning Panel (LCLPP) meeting is chaired by The Hon David Lloyd QC. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Lane Cove Local Planning Panel Charter and any guidelines issued by the General Manager.

The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

Members of the public may address the Panel for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons wishing to address the Panel must register prior to the meeting by contacting Council’s Office Manager – Environmental Services on 9911 3611. Speakers must address the Chair and speakers and Panel Members will not enter into general debate or ask questions during this forum. Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.

Following the conclusion of the public forum the Panel will convene in closed session to conduct deliberations and make decisions. The Panel will announce each decision separately after deliberations on that item have concluded. Furthermore the Panel may close part of a meeting to the public in order to protect commercial information of a confidential nature.

Minutes of LCLPP meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Friday following the meeting. If you have any enquiries or wish to obtain information in relation to LCLPP, please contact Council’s Office Manager – Environmental Services on 9911 3611.

Please note meetings held in the Council Chambers are Webcast. Webcasting allows the community to view proceedings from a computer without the need to attend the meeting. The webcast will include vision and audio of members of the public that speak during the Public Forum. Please ensure while speaking to the Panel that you are respectful to other people and use appropriate language. Lane Cove Council accepts no liability for any defamatory or offensive remarks made during the course of these meetings.

The audio from these meetings is also recorded for the purposes of verifying the accuracy of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

NOTICE OF WEBCASTING OF MEETING

 

 

public forum

 

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

 

 

 

 

 

Lane Cove Local Planning Panel Reports

 

1.       Phoenix Street, Lane Cove .................................................................................. 4

 

2.       1A Epping Road, Lane Cove.................................................................................. 30

 

3.       Local Planning Panel Delegation to Conduct Appeal Matters..... 80

 

 

 

 

 

  


 

Lane Cove Local Planning Panel Meeting 2 July 2019

Phoenix Street, Lane Cove

 

 

Subject:          Phoenix Street, Lane Cove     

Record No:    DA19/54-01 - 28036/19

Division:         Environmental Services Division

Author(s):      Greg Samardzic 

 

 

 

Property:

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

DA No:

DA 54/2019

Date Lodged:

20 May 2019

Cost of Work:

$2,700,000.00

Owner:

Lane Cove Council

Applicant:                        

As above

 

Description of the proposal to appear on determination

Construction of a grandstand, youth centre, amenities building and associated works

Zone

RE1 Public Recreation under Lane Cove Local Environmental Plan 2009

Is the proposal permissible within the zone

Yes

Is the property a heritage item

No

Is the property within a conservation area

No

Is the property adjacent to bushland

No

BCA Classification

Class 9b and10b

Stop the Clock used

No

Notification

Notified in accordance with Council’s policy 

 

REASON FOR REFERRAL

 

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

 

EXECUTIVE SUMMARY

 

The proposal is for the construction of a grandstand, youth centre, amenities building and associated works.

 

This is the third application in the Stage III proposal to replace the previous outdoor 50m public swimming pool, grandstand and youth centre facility. Stage I was approved for the construction of the pool shell on 5 March 2019. Stage II was approved for the construction of a concourse area to include (but not limited to) a plant room, store room and filtration system below the concourse slab area on 23 May 2010.

 

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

 

The site is zoned RE1 Public Recreation under Lane Cove Local Environmental Plan 2009 and the proposed development is permissible with consent from Council. There are no Floor Space Ratio or Height development standards specified for the site in Lane Cove Local Environmental Plan 2009. The proposed development meets the objectives and provisions of the Lane Cove Development Control Plan 2009.

 

The proposed development is primarily for replacement works of the previous facility and are in the public interest. It is recommended for approval subject to draft conditions.

 

SITE

 

The site is described as Lot 2 DP 326066, Lots 5 & 6 DP 12618 and Lots 54 – 58 and 93 - 96 DP 5922, is known as Phoenix Street, Lane Cove and is also known as No. 2 Little Street, Lane Cove. The site is located between Little Street and Phoenix Street and south of the Lane Cove Civic Centre. The site is part of the overall complex known as Lane Cove Aquatic Centre. Toward the east is a Council Child Care Centre with amenities at the lower level and an area used as a temporary public car parking with vehicular access from Phoenix Street.

 

SURROUNDING AREA

 

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

 

Site and the Surrounding Area


 

PREVIOUS APPROVALS/HISTORY

 

DA 31/2019

Construction of a concourse area to surround an approved 50m outdoor swimming pool and associated works. Approved at the Lane Cove Planning Panel Meeting on 23 May 2019.

 

DA 10/2019

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

 

DA 30/2012

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

 

DA 53/1998

Aquatic Centre. Approved 17.8.1998.

 

 

BACKGROUND

 

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

 

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

 

The previous Development Application for the construction of a new pool structure was approved after the existing pool had been demolished. The previous application for the concourse area was approved after the existing grandstand and youth centre structure had been demolished.

 

PROPOSAL

 

The proposal is for the construction of a grandstand, youth centre, amenities building and associated works.

 

This is the third application in the Stage III proposal to replace the previous outdoor 50m public swimming pool, grandstand and youth centre facility. Stage I was approved for the construction of the pool shell on 5 March 2019. Stage II was approved for the construction of a concourse area to include (but not limited to) a plant room, store room and filtration system below the concourse slab area on 23 May 2010.

 

The proposed works include the following:

 

·    Construction of a replacement grandstand would be out of ‘off form’ concrete wall, a metal roofing sheet with colorbond finish and a translucent screen on the upper portion of the grandstand. Three structural supports of the grandstand roof are located on the roof top and the roof has a small rise (18%) towards the site from Little Street.

·    Construction of a replacement youth centre would be out of ‘off form’ concrete and white window frames. The centre is largely contained within the proposed grandstand structure with an entrance to Little Street.

·    Replacement of a half basketball court and wire mesh fence accessed from the youth centre through glass sliding doors.

·    Construction of amenities building with unisex WCs, a changing place, accessible WC, showers and male/female change rooms.

·    Timer’s room.

·    Construction of shade structure of metal sheeting roofing with structural supports over the marshalling area at the southern end of the swimming pool.

·    Café store.

·    Associated storage including lockers.

·    Timber bench seating.

·    Lighting and signage associated with the above uses.

·    A flush wall sign with stainless steel lettering for the ‘Synergy Youth Centre’ facing Little Street.

·    Solar panels on the grandstand roof and marshalling area roof.

 

The activities and operational requirements of the replacement Aquatic and Youth Centre would remain the same with the approved hours of the facility being between 6am – 11pm daily. It is anticipated that the maximum number of patrons on a swimming carnival day would be up to 700. Outside of the school carnival season the area would have a maximum of 100 patrons at any one time.

 

REFERRALS

 

Development Engineer

 

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

 

Coordinator Traffic & Transport

 

The application was referred to Council’s Coordinator Traffic & Transport who made the following comments:

 

The highest parking demand is generated during the summer months when the outdoor pool and grandstand are utilised for swimming carnivals. Students are generally transported to the Aquatic Centre by school buses and provision for pick up and drop off has been provided at the front of the Aquatic Centre as well as in Pottery Lane. In regard to visitors, there are 200 car spaces available in Little Street Car Park which has direct pedestrian access into the Aquatic Centre. In addition to this, Rosenthal Car Park which would provide an additional 500 car spaces, is expected to be completed in 2019/20.

 

As such, no additional parking is required for the upgrade of the grand stand and youth centre.

 

Building Surveyor Coordinator

 

No objections subject to recommended draft conditions.

 

Manager Environmental Health

 

No objections subject to recommended draft conditions.

 

Community Development Officer, Ageing and Disability

 

No objections.

 

Landscape Architect

 

No objections subject to recommended draft conditions.

 

Environmental Planning and Assessment Act 1979 (as amended)

 

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

 

Objects of the Environmental Planning and Assessment Act, 1979

 

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

 

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

 

Lane Cove Local Environmental Plan 2009 (LEP)

 

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

 

Clause 1.2 - Aims of the Plan

 

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

 

Clause 2.1 Zoning

 

The site is zoned RE1 Public Recreation and the proposed development for the purposes of a ‘recreation facility (outdoor) and a ‘community facility’ are permissible with consent.

 

Clause 2.3 Zone Objectives and Land Use Tables

 

The proposal relates to building works associated with the previous outdoor swimming, grandstand and youth centre facility and are consistent with the zone objectives.


 

 

Clause 4.4 - Floor Space Ratio

 

 

There is no Floor Space Ratio specified for the subject site.

 

Clause 4.3 - Height of Buildings

 

 

There is no Height limit specified for the subject site.

 


 

 

 

Heritage

 

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

 

Foreshore Building Line, Riparian Land and Environmental Protection Area

 

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

 

State Environmental Planning Policies

 

State Environmental Planning Policy No 55 - Remediation of Land

 

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

 

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

 

Since approval of D10/19, a preliminary contamination report had been prepared which recommends that a Stage 2 Contamination Report and a Remediation Action Plan (RAP) be prepared. It is recommended that draft contamination conditions are imposed under the subject Development Application to ensure that contamination is again highlighted and addressed.

 

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

 

Draft Remediation of Land SEPP

 

The Draft Remediation of Land SEPP was subject to public exhibition between 31 January and 13 April 2018. The Draft SEPP maintains the overarching objectives being to promote the remediation of land to reduce the risk of potential harm to human health or the environment. The new draft measures primarily relate to scenarios where more complex remediation/ongoing management is required, and the certification of remediation works undertaken as development not requiring consent.

 

While the Draft does consider introducing planning guidelines for the assessment/preparation of preliminary site investigations, appropriate contamination conditions were imposed under the previous swimming pool consent and draft conditions are imposed under the subject Development Application which are sufficient for its purpose.

 

The proposal is consistent with the Draft Remediation of Land SEPP.

 

State Environmental Planning Policy No 64 – Advertising and Signage

 

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

 

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

 

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

 

The relevant objectives of Council’s Development Control Plan include:

 

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

 

The proposed development is for the construction of a grandstand and youth centre adjacent to a recently approved 50m outdoor swimming pool which would maintain and improve water and community based amenity and is consistent with the objectives of the Development Control Plan.

 

Part B - General Controls

 

The Public Domain

 

All works associated with the development would be contained entirely within the site and would not adversely impact on the public domain. The youth centre would face Little Street with an ‘off form’ concrete façade with appropriately designed windows.

 

Site Amalgamation and Isolated Sites

 

The works are to be located over four of the 10 lots which form part of the aquatic centre and those lots are part of a total of 31 lots that contain the aquatic centre, child care centre and Pottery Green Oval. The proposed development would not isolate any site and site amalgamation is not necessary at this time as rationalisation of these lots are be undertaken by Council at, a later date when the aquatic centre development is finalised.   

 

View Sharing

 

The grandstand would be 0.405m higher at street level than the previous grandstand structure. There is a minimum impact on views of the pool from the adjoining residential flat building development. Existing views over the park from the marshalling area at the eastern end of the pool would be maintained as full height glass balustrading are proposed.

 

Development in Foreshore Areas

 

The site is not within a foreshore area.

 

 


 

 

 

Environmental Management

 

The proposed development due to its nature, scale and design is not likely to cause pollution, odour or fumes. A total of 55 solar panels are to be installed on the grandstand roof and marshalling area roof and would have a positive impact as an alternative energy supply.

 

Development Near Busy Roads/Railway Corridors

 

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

 

Safety and Security

 

Remains unchanged where the development would promote community ownership of public space. The youth centre would have greater surveillance due to the larger windows to the street.

 

Heritage

 

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

 

Design

 

The design of the grandstand and youth centre would improve the functionality of the Aquatic Centre generally.

 

Part F - Access and Mobility

 

As part of the Development Application an Access Report has been prepared by ABE Consulting. Council is taking the opportunity to provide for improved access to accommodate mobile restricted patrons for greater community access than the current facility. The additional measures proposed include connecting the upper grandstand area to the viewing deck and providing accessible external/internal access points at the lower ground floor level. Appropriate internal access points at ground level are provided which would provide for greater accessibility on all levels. Council’s Development Officer, Ageing and Disability has raised no objections to the proposal.

 

Part G - Acid Sulphate Soils

 

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

 

Part H - Bushland Protection

 

The subject site does not contain any bushland and is not located adjacent to bushland. No trees are proposed to be removed under the subject Development Application however three trees were approved to be removed under the swimming concourse development consent (D19/31). Two of the trees are not locally indigenous and one was a small tree. The consent included a condition which requires the protection of one E. saligna tree which would be subject to minor impact. No other trees at the eastern boundary are to be impacted and require protection under the subject application. The existing street tree on Little Street is to be protected and retained during all works.

Part J – Landscaping

 

The submitted landscaped plans indicates minor additional landscaping on the front setback area to Little Street which includes an existing street footpath tree as shown below.

 

Street Interface Plan

 

The plants proposed are listed in the plants lists of this section of the DCP and the proposed shrubs/groundcovers species include:

 

·    Fine Leaf Crowea.

·    Paroo Lily.

·    Kidney Weed.

·    Native Lilac.

·    Mat Rush.

·    Leafy Purple Flag.

 

The species selected would achieve mature heights of 0.3m to 1m.

The landscaped concept includes layered buffer plantings of native varieties to the street interface and the landscaped area would be mulched with inorganic recycled crushed building rubble to 60mm. The existing street tree would contain an enhanced tree pit with understorey planting.

Little Street Section Plan

 

To assist, recommended draft conditions are imposed to require submission of a more detailed landscaped plan and planting schedule prior to commencement of the landscaping works. Additional landscaping and plantings would provide for an attractive entrance to the centre and soften the concrete appearance of the proposed structure from a streetscape perspective.

 

Part N - Signage and Advertising

 

A flush wall sign with stainless steel lettering for the ‘Synergy Youth Centre’ is proposed facing Little Street. Clause 3.3.3 of the Signage DCP reads as:

 

Where a tenancy has a minimum of two frontages first party, flush wall signs are permitted at a rate of one per frontage, where flush wall signage is not located on the primary frontage.

 

A flush wall is to be a maximum of 5% of the tenancy frontage on which it is located on. Flush wall signs are to be located a minimum of 1m from ground level.

 

It is the only sign facing the street and the height is greater than 1m above ground level and less than 5% in size of the tenancy frontage which complies with Clause 3.3.3 of the Signage DCP. The signage is considered minimalist and complimentary to recreational signage generally.


 

 

Part O - Stormwater Management

 

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

 

Part Q - Waste Management and Minimisation

 

A Waste Management Plan (WMP) has been submitted and it indicates that the volume of materials to be generated as waste and the proposed methods of reusing, recycling and disposal of this waste for the construction phase of the development. Any waste water would be disposed of to a sewerage drainage point at the time of installation or construction.

 

Part R – Traffic, Transport and Parking

 

The proposal is for a grandstand, amenities building and youth centre at an existing aquatic centre. The capacity of the proposed grandstand is 700 people and the previous grandstand had a capacity of 750. Although the new grandstand is larger, it has wider (compliance with Australian Standards) aisles and stairs with provision for wheelchair access within the grandstand. The floor space of the youth centre has increased from 190sqm to 256sqm. There are no parking requirements for youth centres and grandstand uses however there is a requirement for swimming pools. Table 1 of the Parking DCP provides for the following car parking rate for a swimming pool usage is as follows:

 

1 space per 5 staff members;

3 spaces per 100sqm GFA; and

1 disabled space per 20 car spaces.

 

The only additional floor area that is provided for the swimming pool use is the amenities building which has a floor area which would require three additional parking spaces. There are no additional staff proposed.

 

The surrounding area to the centre contains 67 car parking spaces at the Civic Centre, 200 public spaces at the Little Street Car Park and on-street parking which are within walking distance. There is a bus drop area directly in front of the grandstand which would be used during the swimming school carnival period. There are bus routes due to the bus interchange located at the intersection of Epping Road, Parklands Avenue and Longueville Road (north of the development site). In addition to this, the Rosenthal Car Park would provide an additional 500 car spaces, is expected to be completed in 2019/20.

 

The proposed amenities building provides for an overriding community benefit. It is not expected that the demand for parking or the number of patrons would significantly increase due to the amenities building where the proposed development is proposing to update and provide for sufficient amenities for use by the existing users of the pool by modernising the facilities of the centre which previously had been deficient.

 

It is considered that the parking requirements of the DCP has been met albeit with a modest increase in floor area which would be accommodated by the recent increase in public parking.

 

 


 

 

 

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

 

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

 

Environmental Impact

 

Adverse environmental impacts are not anticipated given the proposed works are to replace existing structures although with changed design and construction. A total of 55 solar panels are to be installed on the grandstand roof and marshalling area roof and would have a positive impact as an alternative energy supply.

 

Natural Hazards

 

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

 

Water and Air Quality Impacts

 

No adverse water and air quality impacts have been identified. The proposed development due to its nature, scale and design would not be likely to cause pollution or siltation of any nearby waterway, nor should it generate any liquid waste, odour or fumes given the Ecological Sustainable Development (ESD) measures undertaken in the design of the proposal to include use of good thermal performance of building materials, energy efficient building services, solar panels, water reuse and reduced flow to the sewer system. Waste water would be disposed of to a sewerage drainage point at the time of installation or construction.

 

Soil and Water Management

 

No adverse soil or water management issues have been identified.

 

Flora and Fauna

 

In view of the urban nature, scale and design of the development, it is considered that there would be no adverse impact in terms of flora and fauna resulting from the proposed development. No trees are proposed to be removed as a result of the proposed new structures. A minor increase in landscaping with shrubs and groundcovers are proposed along the Little Street on the subject site and on the footpath area to soften the appearance of the proposal onto the relevant streetscape.

 

Neighbourhood Amenity

 

The proposal is for the replacement and ancillary uses for the existing Lane Cove Aquatic Centre. The previous floor area of the demolished ground floor buildings was approximately 240sqm and the proposed floor area is approximately 386sqm which represents as an increase in floor area of 146sqm. Much of the additional floor area is comprised of the amenities building which is required to improve the facilities at the centre. The floor area would be contained underneath the grandstand structure or below street level due to the slope of the land. The current operation of the youth remains unchanged It is considered that the visual impact of the youth centre to the street would be much improved from the previous structure. 

 

There is no building height standard applicable to the subject site and the height of the grandstand at street level to Little Street would be 0.405m higher than the previous grandstand however there is a gradual upward slope of the grandstand from a height of 9.940m to 11.780m towards within the centre.

 

The grandstand would also have a larger roof and contains three structural supports of the grandstand roof are located on the roof top. The maximum total height of the grandstand and associated supports is approximately 22.5m and would not be inconsistent with the adjoining building heights permitted to the west (30m) and to the north (21m). Structural supports generally would not form part in the calculations of building height where it excludes structures such as masts or any structures of the like and the supports would provide for an architectural feature which would not cause an adverse impact onto surrounding properties. 

 

A shade structure is proposed to be constructed over the marshalling area to the south of the site. The visual impact if this structure would be minor as it would preserve the available open views of the adjoining park.

 

Overall, the proposed works would have a positive impact on the appearance of the centre when viewed from the surrounding neighbourhood due to the following reasons:

 

·    The proposal is in keeping with the existing aquatic and leisure centre which has been used as such since construction in 1961.

·    The works would result in an improved and complimentary appearance of the development of the site by updating and renovating the area.

·    The works would not result in any significant adverse visual impacts onto adjoining properties including on Pottery Green.

·    The proposed materials and design would present as an updated and more visually pleasing outcome. 

 

A Statement of Design has been submitted in relation to lighting and it is confirmed that lighting would be designed and documented for compliance with relevant standards. All proposed floodlights would be internally and downwards facing to the swimming pool area.

 

An acoustic report has been submitted and it provides a statement of compliance with relevant requirements. Appropriate noise mitigation recommendations are provided to ensure the development meets relevant noise criteria such as the appropriate use of the public address system during sporting events and that façade fixed single glazing (6.38mm laminated) be installed to the youth centre to achieve a required acoustic rating of glazing assembly, Rw 32.

 

Due to the nature and scale of the proposal, the development would not have any unreasonable impact on the surrounding area in terms of privacy, solar access, noise, lighting, parking or traffic. 

 

Impact on Utility Services

 

No adverse impact on utility services is expected. Waste collection services are to remain unchanged and connection to the existing sewer points are to occur. The provision of electricity and water is available to the site. Construction of the works would not disrupt the operation of nearby public transport and car parking. 

 

 


 

 

 

Impact on Parking and Traffic

 

The proposal is for replacement works of the aquatic centre and the surrounding area to the centre contains 67 car parking spaces at the Civic Centre, 200 public spaces at the Little Street Car Park, on-street parking which are within walking distance and the completion of 500 spaces at the nearby Rosenthal development site in 2020. There is a bus drop off areas directly in front of the grandstand and there are bus routes due to the bus interchange located at the intersection of Epping Road, Parklands Avenue and Longueville Road (north of the development site). The proposed works provides for an overriding community benefit and it is not expected that the demand for parking or the number of patrons would increase.

 

In relation the construction phase of the development, a Construction Traffic Management Plan would be prepared subject to a draft condition and implemented during the construction phase.

 

Social and Economic Impacts

 

The proposal would improve and update an existing community facility, increase functionality and mobility needs along with its appearance. It would contribute positively to an existing well patronised community use.

 

Performance Solution

 

The number of sanitary facilities proposed to the lower level grandstand has been based on a suitable performance solution within the submitted A Building Code of Australia (BCA) Performance Solution report due to the anticipated high number of attendances at school carnivals. The solution is considered to be reasonable as school carnivals are held over a six week period over a calendar year. The solution includes implementation of a management plan which would during a swimming carnival propose to use the additional toilet facilities which are available and  located on the upper pool deck. The report has been formulated in accordance with the BCA for issue to the Certifying Authority for approval as part of the construction certificate process.  

 

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

   

The subject site is suitable for the proposal as:

 

·    The continued use of the Aquatic Centre with an updated grandstand and youth centre is compatible with the site’s recreational zone.

·    The proposal would contribute to a quality, multi-purpose recreational facility.

·    The proposal would enhance and update an existing facility that makes a positive contribution to the character and amenity of the area. It would also improve accessibility, useability and ongoing viability of the land use.

 

Section 4.15(1)(d) Any Submissions

 

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

 

Section 4.15(1)(e) The Public Interest

 

The proposal would be in the public interest as it would be in the public interest as it would enhance and improve the amenity and accessibility of an existing community facility for local residents. The proposal has been designed to relate well to the subject site and existing aquatic and leisure centre in terms of appearance and functionality with no significant adverse impacts on adjoining properties.

CONCLUSION

 

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

 

The proposed development would replace an existing grandstand and youth centre facility to provide for an upgraded and new facility for the use of the community and meets the objectives of Lane Cove Development Control Plan 2009.

 

The proposed development would be timely, minimise construction time for this vital piece of infrastructure, replace and improve the previous facility and, be in the public interest and is recommended for approval subject to draft conditions.

 

 


 

 

RECOMMENDATION

 

That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, The Lane Cove Local Planning Panel at it’s meeting of 2 July 2019, exercising the functions of Council as the consent authority, grant development consent to Development Application DA 54/2019 for the construction of a grandstand, youth centre, amenities building 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 DA3.010 Rev L, DA3.100-102 Rev K, DA3.200-201 Rev K, DA3.202 Rev F, DA3.300-301 Rev K, DA3.900 Rev B and DA-1915-01-03 Issue B

·    Dated 16/05/19, 09/05/19 and 08.05.2019

·    By Team 2 Architects and Sturt Noble Associates

·    Statement of Design Intent prepared by Haron Robson dated 30 April 2019

·    Acoustic Report – Project No. 42061 prepared by Wood & Grieve Engineers dated 8 May 2019

·    Accessibility Review Report – DA Review Report Version: ADR_9018_DA3_v1.0 prepared by ABE Consulting dated 3 May 2019

·    Building Code of Australia Performance Solution Report – Report No. 2618 prepared by Murrow Consulting dated 3 May 2019

 

except as amended by the following conditions.

 

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

 

2.         The submission of a Construction Certificate and its issue by Council or Private 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.         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 an             accredited Fire Safety Engineer, confirming that all identified Performance Solutions have             been completed/implemented for the building PRIOR TO THE ISSUE OF A FINAL             OCCUPATION CERTIFICATE.

 

            Reason: Statutory requirement.

 

4.         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.         An Occupation Certificate being obtained from the Principal Certifying Authority 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.

 

6.         All 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

 

7.         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.

 

8.         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.

 

            Reason: Statutory requirement.

 

9.         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 Certifying Authority;

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.

 

10.       Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the preservation of trees and vegetation must be made at the Council Chambers, Lane Cove.

 

            Reason: To protect the environment.

 

11.       Where Lane Cove Council is appointed as the Principal Certifying Authority, 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)         Framework including roof and floor members when completed and prior to covering.

d)         Installation of steel beams and columns prior to covering

e)         Waterproofing of wet areas

f)          Stormwater drainage lines prior to backfilling

g)         Completion.

 

Reason: Statutory requirement.

 

12.       Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

            Reason: Statutory requirement.

 

13.       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.

 

            Reason: To protect and maintain neighbourhood amenity.

 

14.       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.

 

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

 

15.       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.

 

16.       An approved type of hoarding being erected along the street frontage.

 

            Reason: To ensure public safety.

 

17.       Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

            Reason: To ensure public safety.

 

18.       All loading and unloading being carried out from within the premises and no loading or unloading of goods, materials, equipment or the like associated with the development to take place on Council’s road or footpaths without the prior approval of Council.

 

            Reason: To ensure public safety.

 

19.       A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

            Reason: Statutory requirement.

 

20.       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.

 

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.

 

Landscaping Conditions

 

22.       A revised planting schedule is to be submitted and approved by Council prior to any             landscaping works. The revised schedule is to be in accordance with LCC DCP Part J             Landscaping and reflect accurate dimensions for the mature height and spread of the plants             selected.

 

23.       A revised Landscape Planting Plan is to be submitted to Council prior to any landscaping             works. The plan is to be scaled at 1:100 at A3 and include the following information:

 

a.         dimensions of the garden bed.

b.         soil treatment.

c.         spacing of shrubs and groundcovers to be planted.

d.         mulch to be used, planting techniques.

e.         a 12 month maintenance schedule.     

 

24.       The existing tree on Little Street must be protected with tree protection fencing which is to             be installed at the interface between the concrete footpath and the tree well and is to remain             in place until the issue of the occupation certificate.

 

Environmental Health Conditions

 

(i)         Prior to Construction Certificate being issued:

 

25.       A Stage 2 Contamination Report and a Remediation Action Plan (RAP) are to be submitted             and reviewed by an NSW EPA Accredited Site Auditor prior to the issue of the Construction             Certificate. No works are to occur until the subject site has been fully remediated.

 

26.       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 .

 

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

 

 

(ii)        General Conditions:

 

28.       Noise Recommendations

            The recommendations and construction requirements set out in the report titled Acoustic             Report (Project No: 42061) dated 8 May 2019 (REV 4) and prepared by Wood & Grieve             Engineers are to be implemented.

 

29.       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.

 

30.       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

 

31.       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.

 

32.       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.

 

33.       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)

 

34.       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.

 

35.       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).

 

36.       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.

 

General Engineering Conditions

37.       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.

 

38.       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.

 

39.       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.

 

40.       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.

 

41.       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.

 

42.       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.

 

43.       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.

 

44.       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.

 

45.       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.

 

46.       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.

 

             Reason:        To ensure compliance with Council policy and the Australian Standard.

 

Engineering conditions to be complied with prior to Construction Certificate

 

47.       Drainage Plans Amendments: The stormwater drainage plan numbered 42061 Rev B             prepared by Wood & Grieve Engineers dated 01-05-19 is to be amended to reflect the             following.

1.   The amended design needs to include a 20,000L rainwater reuse system

2.   Prior to any connections to Council’s drainage system a 600x600 pollutant control pit is to be installed at the lowest point of the drainage system and within 1.0m of the property boundary.

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.

 

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

 

Engineering condition to be complied with prior to commencement of construction

 

48.       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

 

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

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

 

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

 

 

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Site Location Plan

1 Page

 

AT‑2View

Notification Plan

1 Page

 

 

 


ATTACHMENT 1

Site Location Plan

 


ATTACHMENT 2

Notification Plan

 

PDF Creator


 

Lane Cove Local Planning Panel Meeting 2 July 2019

1A Epping Road, Lane Cove

 

 

Subject:          1A Epping Road, Lane Cove    

Record No:    DA18/214-01 - 31196/19

Division:         Environmental Services Division

Author(s):      Henry  Burnett 

 

 

 

Property:

1A Epping Road, Lane Cove

DA No:

DA214/2018

Date Lodged:

6 December 2018

Cost of Work:

$5,636,737.00

Owner:

Vision Construction Pty Ltd

Applicant:                        

Mostaghim and Associates

 

Description of the proposal to appear on determination

Serviced Apartment Development

Zone

B2 Local Centre

Is the proposal permissible within the zone

Yes

BCA Classification

Class 3

Notification

Notified in accordance with Council’s policy and eleven (11) submissions received.

 

REASON FOR REFERRAL

 

The application is referred to Council’s Local Planning Panel for determination as 10 or more submissions were received by way of objection.

 

EXECUTIVE SUMMARY

 

The Development Application is for a four storey serviced apartment development comprising 56 rooms and 18 car parking spaces. The proposal is for the repurposing and additions to an existing building presently used as a motorcycle showroom and service building.

 

The proposal has been assessed against the provisions of LCLEP 2009. Serviced apartments are permissible with consent in the B2 Local Centre. The proposal complies with the floor space ratio development standard. The proposal does not comply with the building height development standard of 12m with a maximum building height of 13.03m proposed being a variation of 1.03m (8.6%). The variation is as a result of the proposed additions being approximately 1.5 additional storeys. The proposal was accompanied by a Clause 4.6 written request seeking to vary the development standard. The Clause 4.6 is considered to be well founded and a strict application of the building height is considered unreasonable in this instance given the isolated nature of the site, a more practical measurement of building height and that compliance with the objectives of the standard and the zone are achieved.

 

The proposal has been assessed against the provisions of LCDCP 2010. The proposal is fully compliant with the DCP with the exception of a point encroachment to the Canberra Street setback at the second storey. The departure is addressed in the report and is considered acceptable on merit.

 

The proposal was notified in accordance with Council policy and 11 submissions were received. The concerns raised relate to traffic, parking and height. The submissions are summarised and addressed within this report and are not considered to warrant refusal of the application.

 

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

 

SITE

 

The site is known as 1A Epping Road, Lane Cove North, and is legally known as Lot 40 DP 1055894 and Lot 100-101 DP 1068785. The site is irregularly shaped with a frontage to two public roads (Centennial Avenue and Epping Road) and one unformed public road (Canberra Street). The total site area is 1,241m2. The topography of the site is sloping from a high point on Centennial Avenue to a low point at the intersection of Epping Road and Centennial Street with a cross-fall of approximately 4.2 metres.

 

The existing building on the site is used for a motorcycle sales and service business known as ‘Sydney City Motorcycles’. The structure is benched into the site and presents to the street as a stepped two storey building. The site is serviced by two vehicle access points from Centennial Avenue and Epping Road.

 

The site is immediately adjoined by Centennial Avenue, Epping Road and Canberra Street (unformed road reserve). To the east of Canberra Street are located residential flat building development. To the north-west of Centennial Avenue is located single detached dwellings. To the south of Epping Road is located a service station and residential flat buildings.  Site Plan and Notification Plan attached (AT-1 and AT-2).

 

Figure 1: Aerial Photograph of Site and Surrounds

 

PREVIOUS APPROVALS/HISTORY

 

Date

Description

1995

Development Application DA170/1995 approved for a motorcycle showroom on Epping Road.

 

2002

Development Application DA147/2002 refused for alterations and additions to an existing commercial building including the removal of an existing repair workshop and the provision of 14 apartments.

 

 

PROPOSAL

 

The proposal is for additions to an existing building for a four storey serviced apartment development comprising 56 rooms and parking for 18 vehicles. The proposal results in approximately an additional one and half storeys atop the existing structure.

 

Vehicle access is proposed from Centennial Avenue (with the existing access from Epping Road removed). Pedestrian access from the street is proposed from Centennial Avenue.

 

The proposed external finishes include a concertina perforated metal screen to the middle two storeys of the façade, dark grey panel finish to the upper and lower storey. Stone cladding is proposed around the pedestrian entrance on Centennial Avenue. A planting bed with a sandstone façade is proposed at street level on Epping Road.

 

Landscaping comprises vertical planters on the building façade, the planting of two trees to Centennial Avenue, various shrub planting and the retention of all adjoining trees including at the corner of Epping Road and Centennial Avenue and within the Canberra Street unformed road area.

 

SECTION 4.15 ASSESSMENT

 

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

 

Section 4.15 Matters for Consideration

 

(a)  The provisions of:-

 

 

(i)         Any environmental planning instrument:

 

 

SEPP 65 – Design Quality of Residential Apartment Development

 

Serviced apartments are not subject to the provisions of SEPP 65 as specified in Clause 4(4) of that instrument. LCLEP 2009 does not have a local provision applying SEPP 65 to serviced apartment developments and as such must be considered on the particular merit against zone objectives.

 

Lane Cove Local Environmental Plan 2009

 

Permissibility

The site is zoned B2 Local Centre under LCLEP 2009. Development for tourist and visitor accommodation is permissible within the zone. Tourist and visitor accommodation is a group term and is defined by LCLEP 2009 as follows:

 

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:

(a)  backpackers’ accommodation,

(b)  bed and breakfast accommodation,

(c)  farm stay accommodation,

(d)  hotel or motel accommodation,

(e)  serviced apartments,

but does not include:

(f)  camping grounds, or

(g)  caravan parks, or

(h)  eco-tourist facilities.

 

The Development Application seeks approval for serviced apartments which is further defined by LCLEP 2009 as follows:

 

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

 

The proposal is considered to comply with the definition of serviced apartments being self-contained accommodation to tourists or visitors on a commercial basis subject to a draft recommended condition of consent requiring the provision of individual laundry facilities (washing machine and dryer) and individual kitchen facilities (cooktop, oven, fridge, sink, dishwasher and microwave) within the designated kitchen areas (see draft condition 7). The applicant has been advised of this draft condition and would raise no objection to its implementation.

 

Aims and Objectives

 

The aims of LCLEP 2009 have been considered and the proposal provides for a sustainable re-use and adaptation of an existing structure. Further the proposal was amended to provide more recessive colours and materials in order to be more compatible with the existing character of the area and to minimise visual impact from the surrounding environmental quality particularly on Canberra Street with mature native trees.

 

The objectives of the B2 Local Centre zone in LCLEP 2009 are as follows:

 

·        To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

·        To encourage employment opportunities in accessible locations.

·        To maximise public transport patronage and encourage walking and cycling.

·        To ensure that this centre functions as a Town Centre in the hierarchy of Inner North Sub-region retailing.

·        To permit development for the purposes of offices, community and other facilities.

·        To encourage urban design maximising attractive public domain and adequate circulation space throughout the Lane Cove town centre for current and future users.

·        To ensure that landscaping is a significant element in public and private development viewed from the public domain.

The proposal provides for a business use that would serve the needs of people who visit the area in a location close to public transport services along Epping Road. The urban design has been considered and the amended scheme provides for an acceptable outcome that develops on an existing building platform and suitably mitigates the additional height through suitable façade articulation and treatment.

 

Development Standards

 

The following table provides an assessment against the relevant development standards contained within LCLEP 2009:

 

 

Proposed

Control

Complies

Floor Space Ratio

1.5:1

1.5:1

Yes

Height of Buildings

13.03m

12m

No, 1.03m (8.6%) variation sought.

 

 

Floor Space Ratio

 

The floor space ratio has been calculated in accordance with LCLEP 2009. A maximum FSR of 1.5:1 is permitted under LCLEP 2009. A proposed FSR of 1.5:1 complies with LCLEP 2009. It is noted that the ‘breezeways’ internal to the building have been included within the GFA calculation. This is considered suitable despite them being open to the uncovered internal courtyard/void as they are internally facing and wholly contained within the ‘external face’ of the building.

 

Building Height

 

The building height has been calculated in accordance with LCLEP 2009. A maximum building height of 12 metres is permitted under LCLEP 2009. A maximum building height of 13.03 metres is proposed being measured from the existing basement level. This represents a variation of 1.03 metres or 8.6%. The variation is within the assumed concurrence threshold (<10%) though is subject to consideration by the Local Planning Panel in this instance as the proposal was the subject of 10 or more submissions.

 

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

 

The applicant has provided a written request seeking a variation to the development standard (AT3). Under Clause 4.6(3) the applicant is required to demonstrate:

 

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

 

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

 

A recent judgement of the NSW LEC in Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 provides direction to the consent authority that they may need to themselves in fact form a view as to whether the matters in Clause 4.6(3)(a) and (b) are met and not simply rely on the applicant to do so. It is not enough for the applicant to simply cover the matters or that an argument had been advanced. As such the following assessment against Clause 4.6(3) presents both the applicant’s argument and an assessment of that argument to ensure that Clause 4.6(3) is wholly considered:

 

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

 

The applicant has sought to demonstrate that compliance is unreasonable or unnecessary on the grounds that the proposal complies with the objectives of the building height standard (as detailed later in this report), strict compliance would not allow for redevelopment of the site as it would unreasonably stifle FSR, and that a technical measurement of height is unreasonable in this instance. The issue of measuring height is outlined within the Clause 4.6 written request as follows:

 

The need for the Clause 4.6 is created by the existing site characteristics and existing construction levels. By definition, the overall height of the building is to be taken from the finished floor level of the basement. Given the slope of the land this creates the building height variation. If the historic ground level is extrapolated across the site (as per NSW LEC Better v City of Sydney), the building would still be non-compliant in terms of height, however the variation is significantly less and considered to be very minor. For completeness this variation adopts the basement level as the worst case scenario and is numerically and qualitatively assessed on this basis.

 

The additional height is the result of a 1.5 storey addition to the existing building. The existing building height is shown in yellow in Figure 2 below. The breach to height occurs within the top 1.03 metres of that addition. The breaches to height are principally the result of technical interpretation and application of the building height definition within LCLEP 2009 requiring measurement from the part-basement level (existing ground level) which is the result of the historic excavation of a sloping site.

 

Figure 2 details the breach when measuring building height in accordance with the definition within LCLEP 2009. This details the entire to 1.03m of the proposed additions being above the LCLEP 2009 height limit. Figure 3 details the breach when measuring building height from an extrapolated historic natural ground level. Figure 3 shows that when an historic ground level is extrapolated the extent of the variation is significantly reduced being limited to the leading edge of the building facing Epping Road.

 

The strict adherence to the definition of building height is considered unreasonable in this instance as the building would present as less than 12 metres in height when viewed from the majority of Centennial Avenue and Canberra Street frontage. That is, an approach to building height that considers that perceivable bulk from the streetscape is a more appropriate measurement of building height in the circumstances of this case. As cited by the applicant Bettar v Council of the City of Sydney [2014] NSWLEC 1070 furthers this approach where the level at the footpath around the site is a better method for determining the existing ground level.

 

 

Figure 2: Building Height Variation (Red) from Basement Level from Centennial Avenue

 

Figure 3: Building Height Variation (Red) from Extrapolated Historic Natural Ground Level from Centennial Avenue

 

The planning merits of a point encroachment to the Epping Road frontage are addressed in Clause 4.6(b) and an assessment against the objectives of the standard and zone. As detailed above, the written request is considered to demonstrate that compliance with the development standard is unreasonable in the circumstances of the case, satisfying Clause 4.6(3)(a) of LCLEP 2009.

 

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

 

The environmental planning grounds provided by the applicant to address Clause 4.6(3)(b) are summarised as follows:

 

·        A practical interpretation of building height results in a very minor height departure only. The departure affects part of the building and not the entire floor plate of the upper level of the building. The remainder of the floor plate (being the dominant area) is compliant.

·        The proposal resuses the existing floorplate of the current commercial premises and provides appropriate setbacks to boundaries.

·        Setbacks, vegetated backdrop, and physical separation afforded by the corner site and adjoining road networks assist to reduce perceived bulk and scale to residential lands to the north, east and west.

·        The site is a corner site capable of bookending the block with some additional height at the corner given its isolated nature.

·        From public vantage points the additional height would be barely discernable.

·        The proposal complies with the objectives of the standard and zone (as detailed later in the report).

The environmental planning grounds are considered to be well-established within the written request particularly relating to the ‘island’ nature of the site and it differing from an infill site where stepping may be more appropriate. Having further regard to the impacts of the additional height along the leading edge of Epping Road, the submitted shadow diagrams demonstrate that additional overshadowing principally falls over the westward lanes of Epping Road and the existing service station to the south. Even if the service station was to be redeveloped for a residential flat building in accordance with the R4 High Density Residential zoning of the site it would be afforded adequate solar access taking in to account likely required setbacks and no overshadowing of that site from the proposal between 12pm and 3pm mid-winter. Shadow diagrams are attached (AT4).

 

The placement of the additional height on the southern edge of a building would typically not result in a better planning outcome in in-fill scenarios. However, in the specific circumstances of this case as just described, the solar access outcomes are satisfactory and the placement of bulk fronting the classified road network is a better planning outcome than to the north (where it would comply with a practical interpretation of building height) where the building sits further within a residential context. In accordance with the above the written request is considered to demonstrate that there are adequate environmental planning grounds justifying contravening the standard, satisfying Clause 4.6(3)(b) of LCLEP 2009.

 

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

 

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

 

Height of Building Objectives

 

Clause 4.3 (1) provides the following objectives:-

 

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

 

Comment: Reasonable solar access is provided between 9:00am and 3:00pm mid-winter. The public footpath overshadowed to the south of Epping Road is an area of transition and does not currently have a high level of amenity given its location at a busy intersection. The impact on the service station is reasonable with no overshadowing for 3 hours between 12:00pm and 3:00pm mid-winter. Strict compliance with the height standard would result in negligible difference in the extent and nature of overshadowing in the context of this site.

 

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

 

Comment: In relation to privacy, the variation is predominantly to a parapet element. A minor part of the upper level windows encroaches above the height plane however it would occur above a typical sightline of 1.6-1.7m above finished floor level. In any event the island nature of the site reduces potential for overlooking as well as its visual impact.

 

In relation to visual impact, the proposal has been amended to provide for more recessive colours and finishes and to better integrate within its context. The metal concertina perforated metal screen has been reduced in overall height and an awning introduced to the Epping Road at the upper level. The amended design recesses the upper level through colours and articulation, and would have the effect of reducing the perceived bulk of the building. 

 

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

 

Comment:  The proposed development provides adequate solar access to the public domain and the additional height does not unduly compromise the public domain compared to a compliant design. The overshadowing is principally over Epping Road which is subject to overshadowing along its length to the east through existing residential flat buildings which sit at a higher topography and as such have a similar impact.

 

(d)  to relate development to topography

 

Comment:  The proposal responds to the topography of the site by situating the additional massing to the lowest point of the site (to Epping Road). The proposal appropriately re-purposes an existing building which is benched in to the site to minimise its perceived bulk and scale when viewed from the north.

 

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

 

B2 Local Centre Zone Objectives

 

The objectives of the B2 Local Centre zone within LCLEP 2009 are described and addressed earlier in this report. The proposed breach in height does detract from compliance with the objectives of the zone and the building design overall is anticipated to be an improvement on the urban design of Lane Cove when viewed from the public domain.

 

In accordance with the above, the development complies with the LCLEP 2009 objectives for the B2 Local Centre zone.

 

The proposal satisfies Clause 4.6(4) and is considered in the public interest because despite the numerical non-compliance the proposal is consistent with the objectives of the building height standard and the B2 Local Centre zone.

As Clause 4.6(3) and (4) are considered to be satisfied it is recommended that the Local Planning Panel approve a variation to the building height development standard in the circumstances of this case.

 

 

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

 

 

Not applicable.

 

 

(iii)       Any development control plan

 

 

Lane Cove Council Development Control Plan 2010

 

The proposal has been assessed against the relevant parts of Lane Cove Development Control Plan 2010 Part D – Commercial and Mixed Use Development as outlined in the following table:-

 

D1 – General Provisions

Clause

Requirement

Proposed

Compliance

1.1 Building Form

1.1.1 – Building to Street Frontages

 

1.1.1(a)(I) – Street frontage built predominantly to the street alignment.

 

1.1.1(a)(I) – Street setback of a maximum of 2m is permitted for suitable use such as outdoor seating.

 

 

 

 

The proposal seeks to utilise the existing front setbacks being 1.5m to Epping Road and 3.2m to Centennial Avenue. Façade treatments such as awnings and perforated metal screens extend forward of the building line and are suitable articulation elements. The building would appear within the streetscape as being built to the street alignment.

 

 

 

 

Yes

 

 

 

 

1.1.2 Street Frontage Heights

 

Refer to controls for specific zones and localities.

 

 

 

The site is not a designated ‘locality’ and as such does not have designated street frontage height of two storeys. The site is isolated from other business zones and would not impact the establishment of a consistent frontage height. It is noted the adjacent residential flat building across Canberra Street has a ridge height of RL 71.17 (RL 68.54 gutter height) and the proposed roof height is RL 69.56 to the parapet. In this regard the proposal would not be inconsistent with the building height fronting Epping Road to the east of Centennial Avenue.

 

 

 

N/A

1.1.3 Street Frontage Activities

 

1.1.3(a) Street and lane frontages to incorporate one or more at street level:

 

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

-      Retail shop front, cafes or restaurants, if accompanied by an entry from the street.

-      Active office uses if visible from the street.

-      Civic or community building if accompanied by an entry.

-      Allow for visual interest on the external face of fire escapes, service doors and equipment hatches.

 

1.1.3(b) – Limit opaque or blank walls for ground floor uses to 20% of the street frontage.

 

 

 

1.1.3(c) – Minimise the extent and visual impact of vehicles entrances and other entries not associated with actives uses or building entries.

 

 

1.1.3(d) – Provide enclosure on corner sites to define the corner.

 

 

1.1.3(e) – All street frontage windows at the ground floor level are to have clear glazing.

 

1.1.3(f) – Security grilles are to be fitted only within the shop itself. Such grilles are to be transparent.

 

1.1.3(g) – Provide multiple entrance for large developments including an entrance on each street frontage.

 

 

 

 

The proposal was amended to provide for greater visual interest to the street level particularly at Epping Road. The proposed adaption of an existing car park along Epping Road limits activation potential however this area is appropriately screened and treated to provide visual interest. The sandstone planter beds provides a continuation of the existing pedestrian environment to the east on Epping Road and provides a more human-scale edge to the proposal on Epping Road.

 

 

 

 

 

The treatment to Centennial Avenue has effectively limited blank walls to the street frontage through the provision of access walkways and glazing.

 

The proposal improves the current building design by screening car parking along Epping Road and closing access from Epping Road.

 

 

The proposal effectively defines the corner through metal screening and vertical landscaping.

 

Provided for at the street frontage.

 

 

Not proposed.

 

 

 

 

The proposal is not of a size to warrant separate defined entrances.

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

N/A

 

 

 

 

N/A

1.1.4 Building Depth and Bulk

 

1.1.4(a) For Commercial Developments in all business zones:

 

-      The max. floor plate is 2,000m2 as two separate 1000m2 building elements.

-      The horizontal dimension of any single building façade must not exceed 50m.

-      All points on an office floor should be no more than 10m from a source of daylight.

-      Use atria, light wells and courtyards to improve internal building amenity and achieve cross ventilation and or stack effect ventilation.

 

 

 

 

 

 

 

 

The existing/proposed floor plate is 800m2.

 

 

Maximum 46m (inclusive of curve) to Epping Road.

 

 

N/A

 

 

 

Atria utilised to provide for improved amenity by light and ventilation to the internal lobby areas.

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

Yes

 

 

 

N/A

 

 

 

Yes

1.1.5 – Building Separation

 

The separate distance between buildings on the same site is not to be less than the setback to buildings in adjoining sites in the same business zonings (see figure in DCP).

 

 

 

The site is an isolated business zone and the requirements for building separation do not apply.

 

 

 

N/A

1.1.6 - Setbacks

 

 

Storey

DCP

Proposed

Compliance

Epping Road

All storeys

0m

1.5m to wall

 

0.8m to screen

 

Yes

Centennial Avenue

1-2

0m

Min. 3.2m to wall

 

Min. 3m to screen

Yes

 

3+

3m

As above.

Yes

Side Setback

1-2

3m

Generally 3m, point encroachment to 300mm.

 

No, however satisfactory on merit.

 

3+

6m

6m

Yes

 

The proposal complies with the building setback requirements except for a point encroachment to the side boundary at the ground floor. The point encroachment is existing and is being retained as part of the adaptive reuse of the existing structure. The encroachment is minor and would not have any adverse impacts on adjoining properties particularly given the boundary adjoins the unformed section of Canberra Street which provides ample separation to the residential flat building to the east.

 

 

Yes, satisfactory on merit.

1.1.7 – Building Design and Exteriors

 

1.1.7(a) Floor to ceiling heights.

 

 

 

 

1.1.7(b) Materials, colours, finishes, proportion and scale of new development should add interest to facades and the streetscape.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.1.7(c) Avoid large unbroken expanses or blank wall on any façade adjacent to the public domain.

 

 

 

 

1.1.7(d) Provide flexible building layouts and floor to ceiling heights which allow variable tenancies or uses on the first floor of a building above the ground floor.

 

1.1.7(e) The design of roof plants and lift overruns must be integrated into the overall architecture of the building.

 

 

 

1.1.7(f) Balconies and terraces should be provided, particularly where building overlook public open spaces. They should be avoided where they overlook the private open space areas and severely impact the privacy of the adjoining residential properties.

 

1.1.7(g) Gardens on top of setback areas of buildings are encouraged.

 

 

 

 

The floor to ceiling heights are suitable for the development-type proposed (2.6m).

 

The materials were amended to provide for a reduced height of the metal screen (at both top and bottom), a change in colour for the metal screen (bright white to matte bronze) provision of sandstone planters to Epping Road, the provision of awning articulation to Epping Road and minimization of blank paneling to Centennial Avenue. The resulting design is considered suitably recessive within its context and well-proportioned.

 

The proposal provides suitable articulation of the façade with windows and vertical planting breaking up the façade in addition to the amendments listed above.

 

The proposal is purpose built for serviced apartments and flexible building layouts are not considered necessary in this instance.

 

The design is suitably integrated in to the building design with liftoverun being a maximum of 150mm above the parapet. No roof plants are proposed.

 

The use of internalised lobby is considered appropriate to protect adjoining residential (and user amenity) given the location within a residential zone and adjacent to a classified road.

 

 

Landscaping considered satisfactory (See Part J assessment below).

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

1.2 Excavation

1.2(a) All development is to relate to the existing topography of the land.

 

 

 

1.2(b) Excavation for major development is to be contained within the footprint of the development.

 

1.2(c) For development within Centres, Council may consider full site coverage for underground excavation and podium footprints where it is demonstrated that mature landscaping, landscaped area and rainwater retention is able to be provided as roof terraces on podium structures.

 

1.2(d) Uses at ground level are to respond to the slope of the street by stepping frontages and entries to allow the slope.

 

The proposal would appropriately relate to the topography of the land utilising the existing platforms established.

 

The proposal would not result in additional excavation.

 

 

The proposal is not located within a Centre.

 

 

 

 

 

 

 

 

 

The building appropriately addresses the Centennial Avenue slope through design that provides both accessible and stair access to the entrance.

 

Yes

 

 

 

 

 

Yes

 

 

 

 

N/A

 

 

 

 

 

 

 

 

 

 

Yes

 

1.3 Design and Location of On-Site Parking

1.3(a) Parking of vehicles is prohibited in setback areas.

 

 

 

1.3(b) All developments must incorporate the required car parking on-site.

 

1.3(c) All on-site parking, loading facilities and vehicle access points must be accessed from a rear lane where available, be fully concealed from view from any public street or arcade, be accessible from only one opening in the rear lane façade.

 

1.3(d) For developments with a rear lane façade width less than 12m this opening must not be wider than 3m.

 

1.3(e) For developments with a rear lane façade > 12m, not be wider than 6m.

 

1.3(f) Vehicle entry should be easily accessible and recognisable to motorists, located to minimise traffic hazards and queuing on public roads, minimise the loss of on-street parking and number of access points, located away from main pedestrian entries and on secondary frontages, located having regard to any approved cycling routes.

 

1.3(g) Avoid black holes in the façade for major development by providing security doors to car park entries.

 

1.3(h) Return the façade material into the car park entry recess up to the extent visible from the street.

 

1.3(i) Parking/service located underground or appropriately screened from adjacent residential and public domain.

 

 

 

1.3(j) Minimise conflicts with pedestrians/cyclists and impacts on residential amenity.

 

 

 

 

 

 

 

1.3(k) Blank wall to be avoided.

 

1.3(l) Vehicular access not to be located on boundary adjacent to residential zone unless no other option.

 

1.3(m) Residential and non-residential spaces to be physically separated.

 

1.3(n) For RFB, limiting the width of driveways to 6m.

 

1.3(o) Integrated ventilation grills etc. in to the façade and landscape design.

 

1.3(p) Provide safe and secure access for building users, including direct access to residential apartments where possible.

 

1.3(q) Basement parking is to be adequately ventilated, predominantly located within the building footprint, located fully below ground level with a max project of 1.2m to a non-street frontage.

 

1.3(r) Concession potential for parking rates in small neighbourhood areas (See DCP).

 

The proposal does not result in the permanent parking of vehicles in setback areas.

 

Refer to Part R assessment later in the report.

 

 

The proposal does not have access to a rear lane however the parking is concealed from view which is an improvement to the existing situation which is an unconcealed parking area to Epping Road.

 

 

N/A

 

 

 

 

N/A

 

 

 

The proposal seeks to close access from Epping Road which is a classified road access point. The NSW RMS have reviewed the proposal and concur with the approach and have further specified left-in/left-out access from Centennial Avenue which would prevent queuing north-eastward on Centennial Avenue.

 

The proposal utilizes and existing ramp which is within the setback area, avoiding any black holes.

 

N/A

 

 

 

Appropriately screened from the public domain via sandstone planter boxes, vertical planting and concertina perforated metal screens.

 

The proposal has reduced the number of vehicle crossings from two to one and has adequate separation to residential land uses being bounded by Centennial Avenue, Epping Road and the unformed Canberra Street.

 

Blank wall design avoided.

 

Canberra Street separation provided and appropriate in context of adaptive re-use of an existing building.

 

N/A

 

 

 

N/A

 

 

Well integrated in to design and set back behind landscaping.

 

Safe access provided from Centennial Avenue.

 

 

 

 

Use of existing car parking and screening from street considered a suitable outcome in this instance given adaptive reuse of existing structure.

 

 

N/A

 

Yes

 

 

 

 

Yes

 

 

 

Yes

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

N/A

 

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

 

 

 

N/A

 

 

 

 

Yes

 

 

 

 

 

 

Yes

 

 

 

 

 

 

 

 

 

Yes

 

Yes

 

 

 

 

N/A

 

 

 

N/A

 

 

Yes

 

 

 

Yes

 

 

 

 

 

Yes

 

 

 

 

 

 

 

N/A

 

 

 

 

1.4 Car Parking

1.4.1 Except in the case of shop top housing, a cash contribution may be made to Council in lieu of required parking not provided on-site in accordance with Council’s Section 7.12 Plan.

 

Parking to be provided on-site given distance from Centre. See Part R assessment below.

Yes

1.5 Awnings

Continuous street frontage awnings are to be provided for all new developments, except where colonnades are required.

 

 

Continuous awning not required given isolated nature of the site. Notwithstanding, an awning is provided to Centennial Avenue to provide protection against elements for building users.

 

Further, high level awnings are used at the upper level to provide visual interest to the façade.

 

N/A

 

 

 

1.6 Reflectivity

1.6(a) Visible light reflectivity from building materials used on the facades of new buildings should not exceed 20%.

 

1.6(b) Subject to the extent and nature of glazing and reflective materials used, a reflectivity report that analyses potential solar glare from the proposed development on pedestrians, cyclists or motorist may be required.

 

The proposed perforated metal screen has high levels of perforation which would generally limit reflectivity. Notwithstanding, a reflectivity report should be submitted prior to the issue of a Construction Certificate certifying the material chosen is appropriate given the location of the site on a classified road including passenger vehicle, bus, cyclists and pedestrian routes.

 

Yes, subject to conditions.

1.7 External Lighting

1.7(a) Any external lighting of buildings is to be considered with regard to the integration of external light fixtures with architecture, the visual effects to the character of building, surrounds and skyline, the energy efficiency and the amenity of residents in the locality.

 

1.7(b) Floodlights for buildings are prohibited.

 

Satisfactory.

 

 

 

 

 

 

 

 

 

 

The internal illumination of the perforated screen is to be prohibited (beyond the light sources emitted from the serviced apartment rooms).

 

Yes

 

 

 

 

 

 

 

 

 

 

Yes

1.8 Landscaping

1.8(a) Locate basement car parking predominantly under the building footprint to maximise landscaping opportunities.

 

1.8(b) Deep soil zones in atria, courtyards and boundary setbacks are encouraged.

 

Satisfactory.

 

 

 

 

 

Deep soil proposed where available in building setbacks.

Yes

 

 

 

 

 

Yes

1.9 Planting on Structures

In accordance with ADG (see 1.9(a) and (b).

 

See landscape assessment to Part J below.

Yes

1.10 Solar Access

1.10(a) – Commercial developments not to reduce adjoining dwelling sunlight to below 3 hours to a portion of habitable rooms between 9am and 3pm on 21 June.

 

1.10(b) Where adjoining is currently less, this is to be at a minimum maintained.

 

1.10(C) Solar access requirement in accordance with ADG (70%) to high density residential development.

 

1.10(d) Single aspect in accordance with ADG (max 10%).

 

1.10(e) Concessions to the above available if topography and lot orientation result in the standard being unreasonable.

 

The site is orientated in a north/south direction and the overshadowing is principally over the road with some overshadowing in the morning period extending across to a service station on the southern side of Epping Road. Solar access complies with the DCP.

Yes

1.11 Access and Mobility

Compliance with the relevant AS and Part F of the DCP.

 

See access assessment to Part F of the DCP below.

 

Yes

1.12 Toilet Facilities

Common accessible toilet facilities for all developments with 10 or more shops or more than 500 square metres of retail floor space.

 

N/A

N/A

1.13 Signage

To comply with Part N of the DCP.

 

No signage is proposed as part of this application.

N/A

 

A summary of the assessment against other relevant parts of the Lane Cove Development Control Plan 2010 is provided as follows:

 

Referral

DCP

Comment

Accessibility

 

Part F – Access and Mobility

No objections subject to draft conditions of consent.

Landscaping

 

Part J – Landscaping

No objections subject to draft conditions of consent.

Tree Preservation

 

Part J – Landscaping

No objections subject to draft conditions of consent.

Engineering

 

Part O – Stormwater Management

No objections subject to draft conditions of consent.

Waste Management

 

Part Q – Waste Management and Minimisation

No objections subject to draft conditions of consent.

Traffic, Transport and Parking

 

Part R – Traffic, Transport and Parking

No objections subject to draft conditions of consent.

 

An assessment against the serviced apartment parking provisions within Part R of the DCP is provided in the following table:

 

DCP

Assessment

Compliance

1 per 4 serviced apartments

Required: 14 spaces (56 rooms).

 

Proposed: 14 spaces

 

Yes

1 per 2 staff

Required: 2 spaces (4 staff)

 

Proposed: 4 spaces

 

Yes

1 accessible space per 10 spaces

Required: 2 spaces (18 spaces total).

 

Proposed: 2 spaces.

 

Yes

 

 

Environmental Health

 

Part B – General Controls (Part B6/B7)

No objections subject to conditions of consent.

 

A summary of the external referrals is provided as follows:

 

Referral

Legislation

Comment

NSW RMS

 

Infrastructure SEPP / Roads Act

 

The applicant is required to meet with the requirements of the RMS subject to design approval prior to the issue of a Construction Certificate. It is noted the proposal does not result in any new crossings to a classified road network and reduces the number of crossings through the closure of the Epping Road driveway.

 

 

 

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

 

 

The impacts of the development have been considered and demonstrated to not adversely impact the locality.

 

 

(c)  The suitability of the site for the development

 

 

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

 

 

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

 

 

The proposal was notified in accordance with Council policy and 11 submissions were received. The submissions are summarised and addressed within the following table:

 

Concern

Comment

Windows to Centennial Avenue would result in overlooking of properties on the western side of Centennial Avenue.

 

The separation distance of approximately 30 metres across Centennial Avenue (four lanes) and the front setback of the residential properties is considered satisfactory and does not warrant specific privacy treatment measures.

 

Inadequate parking provision and impact on residential streets.

 

The proposal provides parking in accordance with Part R of the DCP. Under Section 4.15(3A) of the Act a consent authority cannot require more onerous standards than contained within the Development Control Plan.

 

A residential parking rate should be applied not a commercial parking rate.

 

The parking rate applied is specific to ‘serviced apartments’ and is considered the appropriate rate to apply.

 

Lack of amenities within building including both within each room (lack of cooking space, dining tables and chairs), and common facilities (gym, laundry, balcony etc.).

 

The proposal provides for a range of room sizes with the majority being of a studio size. The need for the amenities is acknowledged in order to meet the definition of a serviced apartment and the provision of kitchen and laundry facilities for each room forms a recommended draft condition of consent. (Refer draft condition 7)

 

Noise pollution during construction.

 

The proposal was accompanied by a Construction Noise and Vibration Assessment prepared by a suitably qualified acoustic consultant which addresses construction noise including recommendations and mitigation measures. Compliance with the document forms a draft recommended condition of consent (Refer draft condition 23).

 

The appropriateness of a serviced apartment in this location away from major commercial areas.

 

The proposal is for a serviced apartment development which is located on a classified road that provides direct access to multiple major commercial areas. The submitted Traffic Report demonstrates suitable public transport within the vicinity which provide direct access to North Ryde Business Park, Macquarie Park, Sydney CBD, Chatswood and North Sydney. Serviced apartments are permissible on the site and there is considered suitable merit for locating this form of development at this location.

 

Concern is raised regarding the access arrangements including access from Centennial Avenue and the impacts on surrounding roads.

 

The proposal would allow for the closing of the Epping Road entrance/exit which is consistent with the NSW RMS policy of limiting road openings on to the classified road network. The NSW RMS recommended requirements include left-in/left-out only on Centennial Avenue to restrict unsafe queuing north-bound to enter the site. Visitors to the site would be required to utilise the surrounding road network to achieve left-in maneuvering. It is noted that a recommended draft condition of consent seeks require pre-booking of parking spaces within the development to minimise the occurrence of an overflow situation on to local streets (Refer draft condition 9).

 

Concern that this development would result in the formalisation of Canberra Street.

 

The proposal does not include works within Canberra Street. The formalisation of Canberra Street is not planned by Council or NSW RMS and in any event would not be warranted by this development alone.

 

Inadequate waste management adding to an existing problem in surrounding residential streets (particularly on Landers Road).

 

An Operational Waste Management Plan was submitted with the application detailing appropriate provision of waste services including basement storage, transportation to Centennial Avenue for collection, and a designated area for collection. The document was reviewed and is considered satisfactory. A draft condition of consent is recommended to require compliance with this document (refer draft condition 43). Compliance with the management arrangements would not contribute to any existing problem on surrounding residential streets.

 

The process and extent of notification.

 

The proposal was notified to adjoining property owners and the residents’ association in which the development is proposed in accordance with Council’s notification policy.

The four storey form would have an oppressive visual impact including on the western adjacent dwelling houses on Centennial Avenue and should be stepped with the topography of the site.

 

The appropriateness of the four storey form to Epping Road has been considered in this report. The practical measurement of building height results in a minor building height variation which has suitable merit in the circumstances of this case.

The mobile telecommunications antennae should not be placed on top of the structure as this would result in further height impacts.

 

No telecommunications facility is proposed as part of this development. Any exempt telecommunications facility would be required to comply with the Telecommunications (Low-impact facilities) Determination 2018. Placing a restriction on the subject proposal seeking to stop the operation of this legislation would be unlawful.

 

 

CONCLUSION

 

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

 

The proposed variation to the building height standard under Lane Cove Local Environmental Plan 2009 is considered supportable. The written request adequately addresses the matters in Clause 4.6(3) and the proposal meets with both the zone and standard objectives despite the non-compliance with the prescriptive measure satisfying Clause 4.6(4).

 

The proposed development would provide for the sustainable re-use (and additions to) an existing building for serviced apartments with the amended design resulting in a good urban design outcome in terms of massing and visual appearance within its setting.

 

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

 

 

 

RECOMMENDATION

 

That the Lane Cove Local Planning Panel at its meeting of 2 July May 2019, exercising the functions of the Council as Consent Authority pursuant to Clause 4.16 of the Environmental Planning & Assessment Act 1979 approve a variation to the height prescribed by Clause 4.3 of the Lane Cove Local Environmental Plan 2009, as it is satisfied that the applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, and the proposed development would be in the public interest because it is consistent with the objectives of that particular standard and the objectives for development within the zone.

 

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 2 July 2019, exercising the functions of Council as the consent authority, grant consent to Development Application DA214/2018 for a serviced apartment development on 1A Epping Road, Lane Cove North, subject to the following conditions:

 

PLANNING CONDITIONS

 

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

 

Plan No

Title

Author

Revision

Date

01

Site/Roof Plan

Mostaghim and Associates

B

-

02

Proposed Basement Plan

Mostaghim and Associates

C

13/06/2019

03

Proposed Ground Floor Plan

Mostaghim and Associates

B

13/06/2019

04

Proposed Level 1 Plan

Mostaghim and Associates

B

-

05

Proposed Level 2 Plan

Mostaghim and Associates

B

-

06

Elevations South and North-West

Mostaghim and Associates

C

-

07

Elevation North-East

Mostaghim and Associates

C

13/06/2019

08

Sections

Mostaghim and Associates

A

26/10/2018

L-01

Site Plans

Site Design Studios

F

18/04/2019

L-02

Landscape Details and Specification

Site Design Studios

F

18/04/2019

 

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

 

3.         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.

 

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

 

5.         Section 7.11 Contribution: Prior to the issue of a Construction Certificate the payment of a contribution of $24,240.00 towards traffic management and streetscape improvements, open space and recreation facilities, drainage and community facilities. The contribution to be made prior to the issue of a Construction Certificate and to be at the current rate at time of payment.

 

The contribution is based on 202m2 and the current (2018/2019) contribution rate of $120 per square metre of additional retail/commercial floor space.  

 

This contribution is under Lane Cove Council Section 7.11 Contributions Plan which is available for inspection at the customer service counter, Lane Cove Council, 48 Longueville Road, Lane Cove.

 

            Note: Payment must be in bank cheque. Personal cheques will not be accepted.

 

6.         Signage: No signage is approved by this consent.

 

7.         Provision of Facilities: Each serviced apartment room is to include the following facilities:

·    Cooktop;

·    Oven;

·    Sink (in addition to that provided in the bathroom);

·    Microwave;

·    Fridge;

·    Dishwasher; and

·    Washing Machine and Dryer (can be in combination).

            The facilities are to be detailed on the plans prior to the issue of a Construction Certificate, installed prior to the issue of an Occupation Certificate and maintained for the life of the development.

 

8.         Minimum Letting Period: The minimum letting period for a serviced apartment within the development is overnight/daily. No hourly letting is permitted.

 

9.         Operation of Car Parking: Car parking spaces must be pre-booked at the time of booking accommodation to ensure occupants make adequate provision for the use of private vehicles or where parking is unavailable alternate transport means.

 

10.       Reflectivity Report: A reflectivity report is to be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of a Construction Certificate certifying that the perforated metal screen will not result in unacceptable glare to the classified road network fronting the site in accordance with the relevant standards.

 

11.       Rooftop Plant: No rooftop plant or equipment is approved by this consent with the exception of the lift overrun. All plant and equipment (air-conditioning equipment etc.) is to be housed within the building to ensure the building height is provided in accordance with the determination. 

 

12.       Building Maintenance: The area external to the building within the subject site and the public footpaths immediately adjacent to the site (Centennial Avenue, Epping Road and Canberra Street Reserve) are to be kept clean/tidy and free of debris and litter. The area is to be cleaned on a weekly basis and evidence of this arrangement within a cleaning contract or similar is to be provided to Council prior to the issue of an Occupation Certificate.  

 

13.       Façade Cleaning: The external façade of the building is to be kept clean and free of road grime being cleaned at a minimum rate of once every 6 months and evidence of this arrangement within a cleaning contract or similar is to be provided to Council prior to the issue of an Occupation Certificate. 

 

14.       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.

 

15.       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.

 

16.       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%.

 

17.       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.

 

18.       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.

 

ENVIRONMENTAL HEALTH CONDITIONS

 

19.       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.

 

20.       A Hazardous Building Materials Assessment and an Asbestos Management Plan prepared by a suitably qualified person is required to be submitted to the satisfaction of the Principal Certifying Authority prior to any part demolition being carried out.

 

21.       An Asbestos Clearance Report, obtained from an occupational hygienist, must be provided to council following the removal of all asbestos containing material from the site. 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)

 

22.       The recommendations and construction requirements set out in section 5 and section 6 of the report titled Traffic Noise Assessment, (Report No: BA180929) dated November 2018 and prepared by Blackett Acoustics are to be implemented. Certification is to be provided to the Principal Certifying Authority from the acoustic consultant that the provisions have been included on the Construction Certificate plans/documents prior to issue of a Construction Certificate

 

23.       The recommendations and mitigation measures set out in section 7 and section 8 of the report titled Construction Noise and Vibration Assessment (Report No: BA190404) dated April 2019 and prepared by Blackett Acoustics are to be implemented. Certification that any measured required to be installed are installed is to be provided to the Principal Certifying Authority from the acoustic consultant prior to the commencement of any demolition or construction works.

 

24.       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 - 8.00am to 1.00pm with no excavation, haulage truck movement, rock           picking, sawing, jack hammering or pile driving to be undertaken.   

 

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

 

25.       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.

 

26.       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.

 

27.       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.

 

28.       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.

 

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

 

30.       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.

 

31.       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)

 

32.       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.

 

33.       Clean water only to stormwater system: Only clean unpolluted water is permitted to enter Council’s stormwater drainage system.

 

34.       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.

 

35.       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.

 

36.       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.

 

37.       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).  Not withstanding 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.

 

38.       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

 

39.       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.

 

WASTE MANAGEMENT CONDITIONS

 

40.       Waste Management During Construction: Requirements of the approved Waste Management Plan (WMP) shall be complied with during all site preparation works, demolition (if proposed) and throughout all construction works. When implementing the WMP the developer is to ensure:

 

(a) The disposal of any demolition and construction waste must be undertaken in accordance with the requirements of the Protection of Environment Operations Act 1997.

(b)   All waste on site is to be stored, handled and disposed of in such a manner as to not create air pollution, offensive noise or pollution of land and waster as defined by the Protection of Environment Operations Act 1997

(c)   Generation, storage, treatment and disposal of hazardous waste must be conducted in accordance with the relevant waste legislation administered by the EPA and relevant Occupational Health and Safety legislation administered by Workcover NSW.

(d)   All waste generated (including excavated materials) which cannot be reused or recycled must be transported to a facility which can lawfully accept it.

(e)   Records are retailed regarding the details and location of the disposal of all demolition and construction waste (including excavated material) and are to be kept on site as evidence of lawful disposal. Records are to include receipts and weighbridge dockets which verify material types and volumes, time and date of disposal and confirmation of the waste disposal facility.

(f)    All materials and resources that are to be stored on site during construction works are contained on the site. The provisions of the Protection of Environment operations Act 1997 must be complied with when placing/stock piling loose material, disposal of concrete waste or activities which have potential to pollute drains and water courses.

(g) The storage of waste and recycling containers must be within the boundaries of the development site at all times. Public footways and roads must not be used for the storage of any waster and must be kept clear of obstructions during all construction works.

 

41.       Private Waste Collection Service: The developer is to enter into a formal agreement with a licensed private waste contractor to service the development prior to the issue of any Occupation Certificate. The contract is to ensure the removal of all waste from the site. Prior to entering into an agreement for a private waste collection service, the developer is to ensure that:

 

(a)   The service is functional and meets the operational needs of the development

(b)   The service minimises environmental nuisances including noise and other adverse impacts on the safety and amenity of residents and the public.

(c)   A copy of the contract is to be forwarded to Council prior to the issue of any OC

 

42.       Council Inspection – Waste Management Facilities: At completion of basement level, an authorised Council officer is to inspect and approve all waste management facilities to ensure they comply with the development approval, Waste Management Plan. Specifically, the path of travel for all waste, from unit to point of waste collection, waste storage room sizing, access to water and sewer connections, finished materials, access and door way dimensions, and that all waste facilities are fit for purpose.

 

43.       On-going Waste Management: Compliance with the following for the life of the development:

(a)   The approved WMP is to be implemented through the ongoing use of the development.

(b)   The nominated on-site collection point is to be utilised to facilitate the collection of waste and recycling bins for the development. The on-going collection point is to be kept clear of obstructions at all times so not to restrict the collection of waste and recycling bins.

 

TREE PRESERVATION CONDITIONS

 

44.       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.

 

45.       No trees have been approved for removal as part of this consent. All trees located to the front and rear of the site are to be retained and protected for the life of the development.

 

46.       A 1.8 m high chain mesh fence shall be erected around trees in accordance with the Arborist report prepared by Horticultural Management Services dated 15th October 2018, section12.1.  The fenced areas 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.

 

47.       All tree protective measures are to be installed prior to the commencement of any works on site, inclusive of demolition. The Project Arborist is to provide written certification approving tree protection installation and the certificate is to be submitted to the Principal Certifier.

 

48.       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 certificate produced upon completion demonstrating the trees have been maintained in good condition. All certificates are to be 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.

 

49.       The Supervising Arboriculturalist must provide a report detailing the health and condition of the trees located in the reserve and council street verge at completion of the site development.  The report must contain recommendations for any management of the tree to ensure its ongoing viability.  A copy of the report must be submitted to Council PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

 

50.       The project Arborist must be on site and provide certification for their site attendance and supervision of the stormwater and drainage works within three metres of trees 7 8 and 9. All works are to be carried out to Australian Standard 4373-2007 and 4970-2009, works are to be documented by the project Arborist and submitted to council prior to the issue of Occupation Certificate. All roots greater than 50 millimetres in diameter are to be retained and all roots pruned are to be recorded and included in the Arborist certificates.

 

51.       No roots greater than 40 millimetres in diameter are to be severed during construction. Removal of existing surfaces is to be manual and the existing sub-base used to minimise soil compaction. Where the use of existing sub base is not possible, the use of gap graded sub base around tree roots is recommended to reduce compaction over roots. An inspection and certificate/statement from an AQF level 5 Arborist is required to be submitted to council prior to the issue of Occupation Certificate to demonstrate compliance.

 

52.       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 $50,000 (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 trees 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.

 

53.       There must not be any stockpiling of building materials or other materials or dumping of refuse to occur within three metres of any retained tree on or adjoining the site. 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) and written approval from the project Arborist is obtained and submitted to council.

 

LANDSCAPE CONDITIONS

 

54.       The plants within the approved green wall system are to be maintained in a healthy and vibrant condition for the life of the development.

 

55.       The two proposed Eucalyptus haemastona shall be replaced with 2 x Angophora costata and are to have a minimum height of 4m above ground level at time of planting. Trees are to be planted within a structural root cell system as per manufacturers instructions. Trees to be planted in a minimum soil volume of 150m3.

 

56.       The six proposed Cyathea australis are be replaced with 6 Livastona australis with a minimum 3m height at time of planting to create more height and visual interest in central courtyard.

 

57.       Prior to the issue of a Construction Certificate full landscape details and documentation of the construction methods and materials for proposed retaining walls/planter boxers and green wall system, landscape sections and elevations to street frontages, and details of services overlaid, are to be submitted to, and endorsed by, Council’s Manager Open Space.

 

58.       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.

 

ENGINEERING CONDITIONS

 

59.       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.

 

60.       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.

 

61.       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.

 

62.       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.

 

63.       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.

 

64.       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.

 

65.       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’.

 

66.       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

 

67.       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.

 

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

 

69.       Drainage Plans Amendments: The stormwater drainage plan No: 181225 prepared by Australian Consulting Engineers dated on 03/11/18 is to be amended to reflect the following conditions. This plan should show full details of new pipe network includes following:

 

i.    Proposed pipe system should show pipe sizes and invert levels

ii.    Sediment control fence shall be place around site and shown in plan

iii.   One silt arrester pit is required at last point of internal system within the site before start of discharge pipe with mesh(RH3030) and sump(300mm)

iv.  Kerb discharge shall be complied with section 4.1 in Council DCP

v.   GPT (Gross Pollutant Trap) suitable for this site is to be installed

vi.  Invert in a Pit along Centennial Ave is 55.53 and its downstream pit has 55.80(invert). Need to be amended.

vii.  OSD overflow path is not provided. One appropriate overflow path to be provided

viii. Connection to Council pit or kerb to be shown with invert and pipe size.  

ix.  Details of upgrade of existing drainage including basement pump system(if any) to be provided    

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.

 

70.       Council Inspection Requirements: The following items are to be inspected

 

·           Stormwater connection to existing pit in street (if proposed)

·           Any adjustment works in Council road reserve 

 

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.

 

71.       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.

 

72.       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.

 

73.       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.

 

74.       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.

 

75.       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.

 

76.       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.

 

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

 

78.       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 be signed by a registered surveyor, and 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.

 

COUNCIL TRAFFIC CONDITIONS

 

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

 

80.       All accessible car spaces in the 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.

 

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

 

82.       Motorcycle parking space to be sign posted and adequately line marked.

 

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

 

84.       A traffic signal system must be installed for this development due to restricted visibility.

 

85.       A Traffic Report demonstrating the safety and functionality of the basement car park, including details of the proposed signalised system should be provided and approved by Council’s Development Engineer-Traffic prior to the issue of a Construction Certificate.

 

86.       An Independent Traffic Consultant should review and approve the signal system installed in the basement to ensure that it is safe and functional before issuing of the Occupation Certificate.

 

87.       The Construction Traffic Management Plan must be submitted to Lane Cove Council for further approval prior to the issue of a Construction Certificate.

 

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

 

89.       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 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.

 

RMS CONDITIONS

 

90.       A triangular raised concrete island is to be constructed at the driveway and the driveway splayed/angled to restrict access to left in/left out movements only (to physically prevent vehicles turning right to/from the development).

 

91.       The existing driveway on Epping Road is to be removed as a result of the development and kerb and gutter reinstated to the satisfaction of the relevant road authority prior to the issue of an Occupation Certificate.

 

92.       Detailed design approval is required from NSW RMS prior to the issue of a Construction Certificate.

 

 

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Site Location Plans

2 Pages

 

AT‑2View

Neighbour Notification Plan

2 Pages

 

AT‑3View

Clause 4.6 Written Request

11 Pages

 

AT‑4View

Shadow Diagrams

1 Page

 

 

 


ATTACHMENT 1

Site Location Plans

 

PDF Creator


 

PDF Creator


ATTACHMENT 2

Neighbour Notification Plan

 

PDF Creator


 

PDF Creator


ATTACHMENT 3

Clause 4.6 Written Request

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


ATTACHMENT 4

Shadow Diagrams

 


 

Lane Cove Local Planning Panel Meeting 2 July 2019

Local Planning Panel Delegation to Conduct Appeal Matters

 

 

Subject:          Local Planning Panel Delegation to Conduct Appeal Matters    

Record No:    SU4720 - 31618/19

Division:         Environmental Services Division

Author(s):      Michael Mason 

 

 

 

Executive summery

 

This report seeks the delegation of the Local Planning Panel to the General Manager to respond to all Appeals and keep the Panel advised of appeal outcomes.

 

Discussion

 

Determinations or decisions made by the Lane Cove Local Planning Panel (LPP) are, on occasion, subject to an Appeal in the Land and Environment Court.  Under such circumstances the EP&A Act 1979, Section 8.15 requires Council to be respondent to the Appeal.  The LPP is able to delegate this function to Council staff.  Therefore, for administrative efficiency, it is proposed to seek the delegation for all appeals against determinations made by the LPP.

 

A report seeking such delegation was considered by the Council in its meeting of 20 May 2019 when it was resolved that:-

 

1.         The General Manager seek from the Local Planning Panel a delegation to the General Manager to respond to all Appeals as they see fit, and keep them advised of the appeals process; and

 

2.         Subject to the Local Planning Panel granting the delegation, the General Manager be authorised to accept the delegation.

 

A copy of the report is attached (Attachment AT-1)

 

Section 8.15(4) of the Environmental Planning and Assessment Act 1979 relevantly provides as follows:

 

“(4)         If the determination or decision appealed against under this Division was made by a Sydney district or regional planning panel or a local planning panel, the council for the area concerned is to be the respondent to the appeal but is subject to the control and direction of the panel in connection with the conduct of the appeal. The council is to give notice of the appeal to the panel.”

 

Council requests the Local Planning Panel to pass a resolution in the following terms:

 

Pursuant to section 2.20(8) of the Environmental Planning and Assessment Act 1979 (“EP&A Act”) Lane Cove Local Planning Panel (“Panel”) delegates the function of the Panel referred to in Section 8.15(4) of the EP& A Act to the General Manager of Lane Cove Council (“Council”) subject to the following:

 

(a)  In the case an appeal under Division 8.3 of the EP&A Act relating to a decision or determination made by the Panel that was contrary to the recommendation contained in the assessment report provided to the Panel the General Manager must within seven days of Council being served with the appeal, consult with the chair of the Panel that made the relevant decision, as to the conduct of the appeal;

 

(b)  The Council is to give notice of an appeal under Division 8.3 of the EP&A Act relating to a decision or determination made by the Panel to the chair of the Panel that made the relevant decision within seven days of being served with the appeal.

 

The above resolution will apply to all appeals relating to a decision or determination made by the Panel unless and until it is revoked or amended by the Panel. This will avoid the need to give a separated delegation in each matter.

 

Conclusion

 

Council seeks the delegation of the Local Planning Panel to the General Manager to respond to all Appeals and keep the Panel advised of the appeal outcomes.

 

 

 

RECOMMENDATION

 

That the Local Planning Panel delegate its function as referred to in section 8.15(4) of the EPA Act to the General Manager to respond to all Appeals and keep the Panel advised of the appeal outcomes.

 

 

 

 

 

 

ATTACHMENTS:

AT‑1View

Report to Council 20 May 2019

2 Pages

 

 

 


ATTACHMENT 1

Report to Council 20 May 2019

 

PDF Creator


 

PDF Creator