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Minutes

Lane Cove Local Planning Panel Meeting

2 July 2019, 5:00pm

 

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Lane Cove Local Planning Panel 2 July 2019

Minutes

 

 

 

PRESENT:                                          Hon David Lloyd, QC, Chairman, Mr Graham Brown, Planning Expert, Mr David Johnson, Environmental Expert, Ms Maria Linders, Community Representative

 

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

 

DECLARATIONS OF INTEREST:    Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Lane Cove Local Planning Panel Reports

 

Phoenix Street, Lane Cove

 

DETERMINATION

 

That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, The Lane Cove Local Planning Panel at it’s meeting 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 aDETERre to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

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

 

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

 

Panel Reasons

 

1.               The development is permissible in the RE1 Public Recreation Zone and satisfies the requirements of all the applicable planning controls.

 

2.               The Panel supports the findings contained in the assessment report and endorses the reasons for approval contained in that report.

 

3.               Approval of the application is in the public interest.

 

 

The decision of the Panel was unanimous

 

 

1A Epping Road, Lane Cove

 

DETERMINATION

 

That the Lane Cove Local Planning Panel at its meeting of 2 July 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.         Letting Period: The minimum letting period for a serviced apartment within the development is overnight/daily. Maximum letting period is 28 days.  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.       Tree 7 may be removed.  Upon removal, a replacement tree of 200 litre stock size shall be planted in a suitable location on the site.  All other trees located on 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.

 

93.       The pick up/drop off area located adjoining the access to the basement carpark in Centennial Avenue is to be clearly marked for this purpose and is not to be used for any other purpose.

 

94.       Any person making a booking at the serviced apartments is to be advised at the time of confirmation of the booking, that a marked pick up/drop off area is located on Centennial Avenue, near the reception area.  Alternatively, access to the reception area is from the basement carpark.

 

Panel Reasons

 

1.               The development is permissible in the B2 Local Centre Zone and generally satisfies the requirements of all the applicable planning controls.

 

2.               The development will be compatible with the emerging and planned future character of the area.

 

3.              The Panel supports the findings contained in the assessment report and endorses the reasons for approval in that report, subject to the changes to conditions 8 and 45 and additional conditions 93 and 94.

 

4.               For the reasons given above, approval of the application is in the public interest.

 

 

 

The decision of the Panel was unanimous

 

 

Local Planning Panel Delegation to Conduct Appeal Matters

 

DETERMINATION

 

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.

 

 

The decision of the Panel was unanimous

 

The meeting closed at 6pm

 

 

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