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Minutes

Lane Cove Local Planning Panel Meeting

3 September 2019, 5:00pm

 

 

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Lane Cove Local Planning Panel 3 September 2019

Minutes

 

 

 

PRESENT:                              Ms Kara Krason (Chair), Mr Eugene Sarich, Planning Expert, Mr Steve Fermio, Environmental Expert and Ms Mary Rawlings, Community Representative

 

ALSO PRESENT:                  Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Mr Greg Samardzic, Senior Town Planner, Mr Chris Shortt, 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

 

52A Arabella Street Longueville

 

DETERMINATION

 

That the Lane Cove Local Planning Panel at its meeting of 3 September 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 FSR prescribed by Clause 4.4 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 3 September 2019, exercising the functions of Council as the consent authority, grant consent to Development Application DA19/36 for the construction of a 2-storey building with garage above and swimming pool on 52A Arabella Street Longueville, subject to the following conditions:

 

General Conditions

 

That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, the Council grants development consent to:

·    Development Application DA19/36

·    For construction of a construction of a 2-storey building with garage above and swimming pool.  

·    On 52A Arabella Street Longueville.

 

subject to the following conditions:

 

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

 

Drawing Number:

Prepared by:

Dated:

Job No: 2415

01 Issue B

Site Analysis & Site Plan

Architex

25.02.19

Job No: 2415

02 Issue E

Site Plan

Architex

31.07.19

Job No: 2415

03 Issue C

Level 1

Architex

31.07.19

Job No: 2415

04 Issue A

Level 2

Architex

14.11.18

Job No: 2415

05 Issue B

Level 3

Architex

14.11.19

Job No: 2415

06 Issue C

Elevations

Architex

25.02.19

Job No: 2415

07 Issue C

Sections

Architex

26.06.19

1970.GD.03 - Issue A

Landscape Plan –

Level 1

Greenland Design

July 2019

1970.GD.04 – Issue A

Landscaping Plan – Level 3

Greenland Design

July 2019

1970.GD.05 – Issue A

Tree Retention Plan

Greenland Design

July 2019

1970.GD.06 – Issue A

Landscape Calculation

Greenland Design

July 2019

1970.GC.07 – Issue A

Section & Elevation

Greenland Design

July 2019

1970.GD.08 – Issue A

Landscape Details & Specifications

Greenland Design

July 2019

 

except as amended by the following conditions.

 

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

 

2.         No part of the development is to extend beyond the bushland line fixed by Council under the subdivision of the site (D39/01). The following structures are to be reduced:

 

·    the rear terrace on Level 1; and

·    rainwater tank under the rear terrace on Level 1.

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A             CONSTRUCTION CERTIFICATE.

 

            Reason: To ensure setback complies with bushland line.

 

3.         In order to reduce its potential to cause an adverse acoustical impact on the adjoining property to the south at 1 Nott Lane, the depth of the rear terrace on Level 2 is to be reduced to a maximum of 3m as permitted under Council’s DCP 2009. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

            Reason: To reduce any potential acoustic impacts.

 

4.         The following privacy measures are required in order to address the development’s potential to overlook the rear terrace and swimming pool of the property at 1 Nott Lane:                                                                                                                                                                                    

·    the kitchen window is to be finished in obscure glass up to a height of 1.7m above the FFL or, alternatively, the sill of this window is to be raised to this same level; and

·    a privacy screen 1.7m high is to be attached along the south side of the rear terrace of Level 2.

 

4A.      The southern side boundary of the newly created lot is to be fenced. The fence is to be constructed prior to the issue of a OCCUPATION CERTIFCATE. The fencing is not to exceed 1.2m in height and is to be constructed of open style materials.

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A             CONSTRUCTION CERTIFICATE.

 

            Reason: To reduce any potential visual privacy impacts.

 

5.         Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The driveway opening along the boundary is be increased to 4.5m wide. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

            Reason: To allow increased space for vehicle movement.

 

6.         (1) The submission of a Construction Certificate and its issue by Council or Principal Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

            Reason:  Ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.

 

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

 

            Reason: Statutory requirement.

 

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

 

            Reason: Statutory requirement.

 

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

 

            Reason: Statutory requirement.

 

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

 

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

 

11.       (35)  All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

12.       (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

            Reason: To protect the environment and public amenity.

 

13.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

            Reason: To protect the environment and public amenity.

 

14.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

Reason: To protect the environment and public amenity.

 

15.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

 

a)      the name, address and telephone number of the Principal Certifier;

b)      the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)      a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

Reason: To ensure public safety and public information.

 

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

 

            Reason: To protect the environment.

 

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

 

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

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

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

 

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

 

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

 

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

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

 

            Reason: Statutory requirement.

 

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

 

            Reason: Statutory requirement.

 

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

 

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

 

Reason: Statutory requirement.

 

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

 

            Reason: To ensure compliance with the Australian Standards.

 

21.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifier, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hour’s 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)      The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d)      Framework including roof and floor members when completed and prior to covering.

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

f)       Waterproofing of wet areas.

g)      Pool reinforcement prior to placement of concrete.

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

i)       Stormwater drainage lines prior to backfilling.

k)      Completion.

 

            Reason: Statutory requirement.

 

22.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

            Reason: Statutory requirement.

 

23.       (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

            Reason: To ensure structural adequacy.

 

24.       (63) 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 the surrounding residents.

 

            Reason: To protect residential amenity.

 

25.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

 

a          Dampcourse level;

b          The establishment of the first-floor level;

c          The roof framing; and

d          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.

 

26.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

            Reason: To ensure public safety.

 

27.       (72) The demolition works being confined within the boundaries of the site.

 

            Reason: To ensure compliance with the determination and public safety.

 

28.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work.

 

            Reason: To ensure public safety.

 

29.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

            Reason: To comply with Work Health and Safety Regulations and ensure public safety.

 

30.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

 

            Reason: To ensure compliance with the Australian Standards.

 

31.       (130)  Compliance with the Waste Management Plan submitted along with the application.

 

            Reason: To protect the surrounding environment.

 

32.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

            Reason: To ensure all works are carried out lawfully.

 

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

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Reason: To ensure the levy is paid.

 

34.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

            Reason: Statutory requirement.

 

Tree Preservation Conditions

 

35.    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.

 

36.   This condition of consent gives approval for the removal of trees 8 and 16 as identified in the Arborist Report prepared by Redgum Horticultural dated 11th July 2019 Trees are to be removed upon issue of the Construction Certificate only.

 

         Reason: To protect trees in the event the development is terminated

 

37.    Trees removed as part of the DA process must be replaced at a ratio of 1:1 and all plantings/landscaping must comply with part J Landscaping of the Lane Cove Development Control Plan 2010 and be installed prior to the issue of the Occupation Certificate.

 

         Reason: To provide adequate offset planting and maintain canopy cover.

 

38.    All trees not identified in this development consent are to be retained and protected for the life of the development.

 

         Reason: To maintain canopy cover within the LGA and protect trees not impacted by development.

 

39.    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 $10,000 (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 all trees that are standing in the 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 because 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.

 

         Reason: To provide guarantee Council owned Bushland will be maintained during the development and provide funds for mitigation of impacts in the event of a breach.

 

40.    This condition of consent gives approval for the pruning of trees located within the site boundaries to remove dead wood and damaged branches overhanging the site. All neighbouring trees must have written permission from the owners prior to pruning taking place. The Project Arborist is to oversee all pruning which is to be carried out by an Arborist with a minimum AQF Level 3 qualification.

 

         Reason: To ensure trees are pruned in accordance with AS4373 Pruning of Amenity Trees (2007) and with the correct permissions

 

Tree Protection

 

41.    Trees identified as 4, 7, 9, 11, 12, 14 and 15 in the Arborist Report prepared by Redgum Horticultural dated 11th July 2019 are to be provided physical protection for the duration of the development. Trees are to be protected in accordance with Appendix F and Part B of the Arborist Report.

 

         Reason: To minimise the risk of excessive disturbance through the development process.

 

42.    Sediment control barriers should be selected to avoid any adverse impact on vegetation and are to be installed in accordance with the Stormwater plan provided by Architex dated July 2019 at the rear of the site.  

 

         Reason: To protect the retained trees and Bushland from site runoff.

 

43.    All tree protective measures including sediment control must be in place prior to any works commencing on the site and must be maintained for the duration of works on the site. The Project Arborist is to provide written certification to approve tree protective measures are compliant prior to the issue of the Construction Certificate.

 

         Reason: To assist with maintaining compliance to development conditions and retaining trees in a viable condition.

 

44.    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 submitted 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.

 

         Reason: To appoint an independent professional to assist in the ongoing management of trees and compliance to conditions.

 

45.    Trees identified as 4, 7 and 12 In the Arborists Report prepared by Redgum Horticultural dated 11th July 2019 are to be provided tree sensitive design where the proposed building encroaches into the Tree Protection Zone. Installation is to be in accordance with the Arborists Report which states; The section of the development within the TPZ of this specimen is to be constructed with no fill, using pier and beam construction with a suspended slab to reduce any impact on its stability with piers to be dug by hand with non-motorised machinery to further assist in its protection.

 

         Reason: To minimise development impacts on retained trees.

 

46.    All piers within the Tree Protection Zones of retained trees are to be manually excavated or using Hydrovac; all roots greater than 40 millimetres are to be retained. In the event roots are located in the proposed location, the pier shall be relocated to retain the root. Roots less than 40 millimetres in diameter may be pruned by the project Arborist only who is to document pruned roots and provide written certification identifying compliance to this condition. The certificate must be submitted to the Principal Certifier and approved prior to the issue of the Occupation Certificate.

 

         Reason: To retain as many tree roots as possible and minimise development impact.

 

47.    All excavations are to be carried out in consultation with the Project Arborist who is to oversee and sign off on any excavations within the Tree Protection Zones of retained trees. The certificate must be submitted to the Principal Certifier and approved prior to the issue of the Occupation Certificate.

 

         Reason: To minimise the risk of damaging retained trees during the excavation stage of the development.

 

48.    Footing, trench or excavation that is within the TPZ of any retained trees, particularly the installation of storm water pipes, must be carried out under the guidance of the Project Arborist and using non-destructive techniques. Techniques include Hydrovac, air Knife or manually excavating.

 

         Reason: To allow the installation of the proposed stormwater pipes below the roots of retained and neighbouring trees.

 

49.    The Project Arborist is to submit a statement upon completion of the development that all conditions related to working around trees have been complied with. The statement is also to recommend remedial advice for trees post construction to mitigate construction impacts long term. The statement is to be submitted to and approved by the Principal Certifier Prior to the issue of the Occupation Certificate

 

         Reason: To ensure compliance.

 

Landscape Conditions

 

To be satisfied prior to issue of a Construction Certificate:

 

Objectives for landscaping of new development

 

50.    Replacement trees must be able to reach the potential mature dimensions of the removed trees.  All specimens must conform to Australian Standard 2303: Tree Stock for Landscape Use and be of an appropriate pot size for the intended location and use to ensure best chance of long-term health and vigour. All boundary screen plant species to be used for landscaping must be a native species in keeping with Lane Cove Councils landscape policy to be installed in pot sizes no smaller than 100 litres.

 

         Reason: Landscaping objective.

 

51.    The proposed landscape treatment should be compatible with the existing environmental character of the area and be planned so as not to affect adjoining properties. The use of native trees and shrubs to provide privacy screening is desirable.

 

         Reason: Landscaping objective.

 

52.    Existing natural features such as rock outcrops, cliffs and natural bushland should be conserved where reasonably possible.

 

         Reason: Landscaping objective.

 

         To be satisfied prior to issue of an Occupation Certificate:

 

 

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

 

         Reason: Landscaping requirement.

 

54.    A copy of the agreed maintenance schedule of all site landscaping shall be submitted by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of the Certificate of Occupation.

 

         Reason: Landscaping requirement.

 

55.    A qualified practising landscape architect or landscape designer is to certify that the proposed subsoil drainage and any associated waterproofing membrane, have been installed in accordance with the details shown on the landscape working drawings and specification. Works are not to progress until the principal certifying authority has confirmed that this condition has been satisfied; Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within five (5) working days of the date of issue.

 

         Reason: Landscaping requirement.

 

56.    At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant material has been successfully established, that all of the outstanding maintenance works, or defects have been rectified prior to preparation of the report and that a copy of the 12-month landscape maintenance strategy has been provided to the Owner/ Occupier.  A copy of the report must be submitted to Council; Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within 5 working days of the date of issue.

 

         Reason: Landscaping requirement.

 

57.    All plants shall be maintained in a healthy condition for the life of the development with replacement plants installed within 6 months of their demise. 

 

         Reason: Landscaping requirement.

 

58.    The Applicant must ensure that there are enough groundcovers and low shrubs planted at appropriate distances and depths to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works. Where screen planting is required throughout the development, plants must have a height of 2 m at planting. 

 

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

 

         Reason: Landscaping requirement.

 

General Engineering Conditions

 

60.    (A1) Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

Reason:     To ensure all works are in accordance with Council’s requirements

 

61.    (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.

 

Reason:     To ensure public safety and amenity

 

62.    (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

Reason:     To ensure public works are carried out in accordance with Council’s requirements

 

63.    (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

Reason:     To ensure public safety

 

64.    (A5) Restoration: Public areas must be maintained in a safe condition always. Restoration of disturbed Council land and assets is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

Reason:     To maintain Council infrastructure

 

65.    (A6) Public Utility Relocation: If any public services are to be adjusted, because of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

Reason:     To protect, maintain and provide utility services

 

66.    (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

Reason:     To ensure pedestrian access is maintained

 

67.    (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. Developer must lodge Stormwater Inspection Application form to Council. All costs associated with the relocation of the stormwater line are to be borne by the applicant

 

Reason:     To protect public infrastructure

 

68.    (A9) Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

Reason:     To protect and maintain infrastructure assets

 

69.    (V8) Car Parking: All parking and associated facilities are to be designed and constructed    in accordance with AS 2890 Series.

 

Reason: To ensure all proposed parking arrangements are designed to meet the relevant Australian Standard

 

70.       (R1) 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

 

71.    (D3)  Drainage Construction: The stormwater drainage on the site is not approved in its current form. The system is also to incorporate a dispersal trench in accordance with section 5.3 of Part O of Council’s DCP Stormwater Management.

 

         An amended plan with an additional stormwater trench is to be re-submitted and certified by a suitably qualified engineer.  The amended plans are to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part O of Council's DCP - Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

 

         The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

Reason:     To ensure the proposed stormwater designs meet and satisfy Part O of Council’s DCP and to protect bushland from erosion and not compromise sub-surface water flows.

 

72.    (E5) Construction adjacent to or parallel to a drainage Easement / pipeline:  The footings of the proposed structure adjacent to the Council drainage easement shall be taken below the zone of influence of the Council stormwater line. The location and depth of the footings in relation to the stormwater line, along with the design of the footings, are to be detailed on engineering plans. The engineering plans are to be completed and certified for construction by a suitably qualified engineer and be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

         On completion of the works and prior to the issue of the Occupation Certificate the design engineer shall certify that structure has been constructed in accordance with the approved plans and is within acceptable construction tolerances. The certification is to include a Work as Executed plan. The Work-as-Executed must show the location of all structures in the vicinity of the Council drainage easement, indicating that all footings are located below the zone of influence of the Council stormwater line.

 

Reason:     To protect and maintain Council Stormwater infrastructure

 

73.    (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

 

         The applicant shall:-

 

(a)  seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

(b)  detail what measures are to be taken to protect those properties from undermining  during construction

(c)  provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties.

 

            The above matters are to be completed and documentation submitted to

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

 

(d)  Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

 

All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days’ notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

Reason:     To ensure safe work practices are applied and in the interest of all adjoining structures

 

74.    (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $3000 bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Reason:     To protect and maintain public infrastructure

 

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

 

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

 

Reason:     To ensure adequate management and indemnity from overland flow

 

Engineering condition to be complied with prior to commencement of construction

 

76.    (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary.

 

Reason:     To ensure worksite pollutions are controlled accordingly to protect the environment

 

Engineering condition to be complied with prior to Occupation Certificate

 

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

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

 

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

Bushland Officer Referral

 

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

 

         Reason: Amenity of bushland.

 

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

        

         Reason: Safety and amenity

 

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

 

         Reason: Safety and amenity

 

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

 

         Reason: Amenity of bushland.

 

82.    (335)  All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

 

         Reason: Amenity of bushland.

 

83.    (150) Native plants are to be installed and used as screening to provide a buffer to absorb light and noise pollution from entering the bushland. Council’s Backyard Habitat Officer is to be consulted for appropriate planting suggestions for screening.

 

         Reason: Amenity of bushland.

 

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

 

         Reason: Protection of Aboriginal heritage.

 

85.    Any top soil should be removed from the site and not used as fill or landscaping due to it being compromised by weed seed and to protect the integrity of the bushland downhill.                            

 

         Reason: Protection of bushland.

 

Panel Reasons:

 

1.                The Panel generally supported the findings contained in the Assessment Report, with a correction in the recommendation to reference a variation to FSR prescribed by Clause 4.4 of Lane Cove LEP 2009 and endorses the reasons for the approval contained in the assessment report.

 

2.                Following consideration of a written request from the applicant, made under cl 4.4 of the Lane Cove Local Environmental Plan 2009 (LEP), that has demonstrated that:

a)               compliance with cl. 4.4 (floor space ratio) is unreasonable or unnecessary in the circumstances; and

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

 

            the panel is satisfied that:

a)               the applicant’s written request adequately addresses the matters required to be addressed under cl 4.4 of the LEP; and

b)               the development is in the public interest because it is consistent with the objective of cl. 4.4(1) (Floor space ratio) of the LEP and the objectives for development in the R2 Residential zone; and

c)               the concurrence of the Secretary has been assumed.

 

3.                The Panel considered there should be some delineation between the public lot and the subject site and added a condition requiring a low open style fence along the site’s southern boundary. The fence is to be constructed in a style that does not impact upon any existing vegetation to be retained.

4.                The Panel also wished to add a note to the resolution suggesting that Council investigate and consider the renewal and repair of the existing stairs and provision of future access to the reserve. 

 

 

The decision of the Panel was unanimous

 

 

30-30A Landers Road, Lane Cove North

 

DETERMINATION

 

That pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act, 1979, The Lane Cove Local Planning Panel at its meeting 3 September 2019 determined exercising the functions of Council as the consent authority, to refuse the subject Modification Application to Development Consent D148/2015 to:

 

-     Increase the number of children of the childcare centre from 56 to 93.

-     Provision of a 3 car space drop off/pick up zone within Cox Lane.

-     Installation of a new business identification sign.

 

for the following reasons:

 

Substantially the Same Development

 

1.         The proposed development as amended is not considered to be substantially the same   development. The modification seeks to drastically change the extent of the operation being conducted on the premises as previously approved.

 

            Particulars:

 

(a)  Pursuant to Section 4.56(1)(a) of the Environmental Planning and Assessment Act 1979, it is not satisfied that the development as amended is substantially the same development as the development for which the Court originally granted consent to due to the proposed intensification of use and increased amount of activities that would be conducted on the subject site adversely affecting surrounding residential properties.

 

(b)  The modification to increase children numbers to the Court approved child care centre would increase the intensification of use that would be experienced by adjoining and surrounding residents. The proposed additional 3 car space drop off/pick zone on Cox Lane to accommodate the increase in children is not supported from a traffic perspective and involves a substantial shortfall in required car parking numbers. No owners consent has been obtained from Council for the proposed drop off/pick up zone. Whilst the building has been designed to cater for a maximum of 93 children based on the indoor and outdoor areas provided however the increase in children would represent a technical shortfall of 12 car parking spaces which is a significant variation.

 

(c)  With the large increase in numbers, it would be likely that the basement would achieve full capacity quickly during peak times and the remainder of parents would be forced to reverse back out in front of the basement garage door and park on either on Cox Lane or Landers Road which is an undesirable outcome. As the required additional car parking is not provided on site, the intensification of use is unacceptable as the increase in children are not considered to be minor. It is not appropriate to adopt a large increase in numbers with no provision of additional car parking spaces on site and due to the concerns raised by residents (13 separate submissions lodged), the proposal as amended would be contrary to the appropriate intensity of use already established by the Court in the first instance.

 

(d)  As such the proposal does not satisfy the ‘substantially the same’ development criteria. The applicant in modifying the original Land and Environment Court child care centre approval on the subject site would unreasonably intensify the amount of activities being conducted on the premises and would result in additional adverse impacts offsite.

 

Lane Cove Local Environmental Plan 2009 Aims and Zone Objectives

 

2.         The proposal as amended does not meet the aims and R4 High Density Residential zoning objectives of Lane Cove Local Environmental Plan 2009.

 

            Particulars

 

(a)  The proposed development as amended would not meet the 1.2(2)(b) of the aims of Lane Cove Local Environmental Plan 2009 which requires the following:

 

            ‘to preserve and, where appropriate, improve the existing character, amenity and environmental quality of the land to which this Plan applies in accordance with the indicated expectations of the community.

 

(b)  The proposed development as amended would not meet the following zone objective:

 

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

 

(c)  The proposed increase in children placement and associated works to create a three space drop off/pick up zone represents as an overdevelopment of the site. The existing child care centre has a child placement of 56 and currently provide adequate parking on-site. The increase in the capacity of children for the centre by 37 placements would involve adverse traffic issues on the site and in the immediate locality due to deficient parking provided on site. The subject application is an ad hoc response to fully utilise the indoor and outdoor play areas that are currently available. Approval of the proposed development is not supported having regard to the amenity and safety of children attending the centre and due to the nature of the proposed modification proposed.   

 

Car Parking and Traffic

 

3.         The proposal as amended fails to provide sufficient on site car parking and the proposed drop off/pick up zone adjacent to Cox Lane is inappropriate to accommodate the proposed   increase in children.

 

            Particulars

 

(a)  The proposal as amended requires a total of 28 parking spaces for 93 children and 17 staff in accordance with Part R of LCDCP 2010 – Table 1.

 

(b)  The proposal as amended provides for 19 basement parking spaces and a 3 space drop off/pick up zone along Cox Lane. Insufficient parking has been provided on-site to accommodate 93 children and 17 staff for the child care centre in accordance with Part R of LCDCP 2010.

 

(c)  The proposed development as amended would not meet Clause 2.1 Parking general of Part R of LCDCP objectives are:

 

1.   Ensure that reasonable parking needs are met.

2.   Ensure that developments do not impose excessive demand for on-street parking on surrounding streets.

3.   Ensure that car parking spaces are convenient and accessible do that they are utilised for their intended purpose.

4.   Provide a lower level of car parking in areas with good access to public transport and services.

 

(d)  The justifications for the parking shortfall of 9 spaces relates to the provision of three spaces on street and reasons stated in the submitted traffic report. The proposed justifications to the variation found within the traffic report are not supported and refusal is recommended.

 

(e)  Having regard to the constrained nature of the subject site, the proposed drop off/pick up zone solution and associated widening of Cox Lane are not supported given the narrow width of Cox Lane. It would be difficult for additional traffic to turn around on Cox Lane. The use of a public road for exclusive use of private parking is not supported.

 

Residential Amenity

 

4.         The proposal as amended would not maintain and protect the current residential amenity of adjoining and surrounding residential properties.

 

            Particulars

 

(a)  The proposed development as amended would not meet Principle 1 - Context, Principle 2 – Built Form, Principle 6 – Amenity and Principle 7 – Safety Part 2 design quality principles of the Child Care Planning Guidelines.

 

(b)  The proposed development as amended would not meet the following Part 3 Matters of Consideration objectives of the Child Care Planning Guidelines as follows:

 

                        3.1 Site selection and location

·    To ensure that appropriate zone considerations are assessed when selecting a site.

·    To ensure that the site selected for a proposed child care facility is suitable for the use.

                        3.2 Local Character, streetscape and the public domain interface

·    To ensure that the child care facility is compatible with the local character and surrounding streetscape.

                        3.5 Visual and acoustic privacy

·    To minimise the impact of child care facilities on the acoustic privacy of neighbouring residential developments.

                        3.8 Traffic, parking and pedestrian circulation

·    To provide parking that satisfies the needs of users and demand generated by the centre.

·    To provide vehicle access from the street in a safe environment that does not disrupt traffic-flows.

·    To provide a safe and connected environment for pedestrians both on and around the site.

 

(c)  It is not considered that the proposed development as amended satisfy context, built form, amenity and safety design quality principle considerations. The centre is located within a predominant residential area. A child care centre at 56 children at the subject site is more compatible with the context of its surrounding locality. However, the proposed intensification of the existing centre is not considered to be appropriate having regard to non-compliances with car parking and insufficient supporting acoustic evidence to demonstrate that the intensification of use will be able to operate within specified environmental criteria.

 

(d)  The subject application is an ad hoc response to increase children placement for the existing centre which would result in significant adverse impacts onto adjoining residences due to the location of the outdoor play areas provided within the front and side setback areas including above ground creating potential land use conflicts. The proposal is deficient in providing sufficient car parking spaces on site which presents amenity concerns due to the conflicts with the child care use and neighbours. The provision of the drop off/pick up zone along Cox Lane and with the shortfall in car parking present potential safety concerns as pedestrian and adjoining neighbour’s access can also be obtained easily due to the shared access arrangement within the public lane.

           

(e)  Whilst the original application was determined prior to the introduction of the Child Care Planning Guidelines, it has been used as guide to assess the subject application which has indicated that the proposed increase in children numbers would be an over-intensification of use and would not satisfy the above considerations or objectives.

 

(f)   The proposed development as amended would not meet with Clauses l.4(b), (c) & (d), l.7(g) and l.10(b) of Part I of LCDCP as follows:

 

            Clause I.4

            b) The design and layout of the child care centres must respond to the character of the existing neighbourhood and streetscape.

 

            c) In low density residential areas, child care centres are encouraged to be single storey in height for reasons of safety and access. In the case of 2 storey buildings, the second storey should only be used for the purposes of storage and staff facilities.

 

            d) All child care centres are preferred to be located at ground floor level where achievable and in areas where the opportunity for natural landscaping comprising deep planting is possible (i.e., not located entirely over a basement area).

 

            Clause l.7

            g) Fences should be designed to minimise noise transmission (on busy roads), improve privacy and must not dominate the streetscape. Materials and finishes for fences may be used that complement the surrounding streetscape.

 

 

 

            Clause l.10

            b) The development application should demonstrate that privacy and noise             minimisation for neighbouring properties have been considered in designing             the centre.

 

(f)   The proposed development as amended would not meet with Clauses l.4 & l.10 and 1.6 objectives of Part I of LCDCP as follows:

           

            Clause l.4

     1.          To ensure child care centres are compatible with the scale of existing buildings in the vicinity.

      2.         To ensure that the appearance of the development is of a high visual quality and enhances and compliments the streetscape of the area.

            Clause l.10

      1.         To provide visual and acoustic privacy for children, staff and nearby             residents.

                        Clause 1.6

                        2.         To ensure that sites containing child care centres are appropriate for that purpose    and provide a functional and pleasant environment for their users.

                       3.          To ensure that sites containing child care centres are compatible with the environment in which they are situated, particularly in terms of visual character, landscaping etc.

4.        To ensure that potential adverse impacts from child care centres on surrounding residential areas, such as those created by noise, traffic generation and on-street parking, are minimised.

 

(g)  The subject building and site are not suitable to accommodate such a large increase in children numbers. The subject site is located in a high density residential area however adjoins a low density residential area and any further intensification of use is not supported in this instance. The centre is located on three levels and any further increase in children numbers are not supported. Based on a merit assessment of the subject application, it is considered that a 56 place child care centre would be more of an appropriate scale compared to a 93 place facility.

 

(h)  The proposed development as amended is not supported as there have been complaints received from residents in relation to the current operation of the child care centre at 56 children where approval of the subject application would exacerbate the current traffic and acoustics impacts onto the immediate locality.

 

Signage

 

5.         The proposed sign in addition to the existing 4 signs already attached to the centre is considered to be excessive and unwarranted in this instance.

 

            Particulars

 

(a)  The proposed development as amended would not meet Clause 3(1)(a) of State Environmental Planning Policy No. 64 – Advertising and Signage which requires the following:

 

            ‘3 Aims, objectives etc

 

            (1)  This Policy aims:

            (a)  to ensure that signage (including advertising):

            (i)  is compatible with the desired amenity and visual character of an area,                             and

            (ii) provides effective communication in suitable locations, and

            (iii) is of high quality design and finish, and’

 

(b)  The proposed development as amended would not meet the Schedule 1 Assessment Criteria: 1 Character of the area; 2 Special areas; 4 Streetscape, setting or landscape; and 5 Site and building matters. 

 

(c)  The proposed signage is not considered to satisfy the requirements of Clause 3(1)(a) and Schedule 1 of the SEPP. The proposed sign is not supported and would not assist in providing for a rationalised signage scheme for the child care centre that is in proportion to the scale of the proposed building or its façade. The proposed additional sign to the existing four signs already present is not in keeping with the signage and residential character of the locality. Accordingly, the proposal is not considered satisfactory with respect to SEPP No. 64 – Advertising and Signage.

 

(d)  The proposed sign is prohibited in accordance with Clause 2.4 of Part N of LCDCP which states all signage and advertising within residential zoned land is prohibited except home business signs.

 

(e)  The proposed development as amended would not meet Clause 2.4 Prohibited signage of Part N of LCDCP objectives are:

 

                        1.To ensure the safety of residents and users of Lane Cove.

      2.To minimise visual clutter and the unnecessary proliferation of signage.

 

(f)   The proposed sign is not supported and would not assist in providing for a rationalised signage scheme for the child care centre that is in proportion to the scale of the proposed building or its façade. The proposed additional sign to the existing four signs already present is not in keeping with the signage and residential character of the locality. Deletion of the sign would assist in reducing visual clutter at the subject site.

 

Intensification of Use

 

6.         The proposed modification would involve a significant intensification of the existing use adversely impacting on adjoining and surrounding residential allotments.

 

            Particulars:

 

(a)  Pursuant to Section 4.15(b) of the Environmental Planning and Assessment Act 1979, the proposed development as amended would contain adverse traffic, parking and acoustic impacts onto the immediate locality due to its increased amount of increased people and vehicles accessing the premises and its close proximity to adjoining and surrounding residential allotments.

 

(b)  The likely impacts of the proposal as amended would not remain unchanged from the original application due to the substantial increase in the amount of activities that would be conducted on the subject site which in turn would increase adverse impacts onto the surrounding residential properties with the provision of a drop off/pick up zone along Cox Lane.

 

(c) Insufficient acoustic evidence has been provided in support of the application.

 

 

Site Suitability

 

7.         The site is not suitable for the proposed development as amended.

 

            Particulars:

 

(a)  Pursuant to Section 4.15(c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the proposed development as amended with the increased child placements in its current form, having regard to the above matters.

 

(b)  The suitability of the site would not remain unchanged from the original application where insufficient car parking on site has been provided to accommodate the proposed large increase in children numbers. The proposed increase in children placement and associated building works represents as an overdevelopment of the site. The increase in the capacity of children for the centre by 37 placements would involve adverse traffic issues on the site and in the immediate locality due to the deficient parking provided on site.

 

(c)  The nature of the proposed Modification Application is an ad hoc response to utilise the indoor and outdoor areas available at the existing facility without proper regard to any other relevant considerations or impacts resulting from the increased capacity of children.   

 

Public Interest

 

8.         Approval of the proposal as amended would not be in the public interest.

 

            Particulars:

 

(a)  Pursuant to Section 4.15(1)(d) and (e) of the Environmental Planning and Assessment Act 1979, the subject modification application should not be approved having regard to concerns raised in the submissions received by Council and the above matters.

 

(b)  The proposed modification is not in the public interest as it would provide for further adverse impacts onto surrounding properties. The requirement to provide 28 on-site parking spaces is supported to ensure the proposal adequately provides for on-site parking for staff and customers in accordance with the DCP. Approval of the proposed development as amended is not considered to have proper regard to the amenity and safety of children attending the centre due to the proposed intensification of use on the subject site.

 

Undesirable Precedent

 

9.         The proposal development as amended would set an undesirable precedent for a similar development in residential areas in relation to:

           

            (a)        Child care centres operating with insufficient on-site car parking.

            (b)        Child care centres containing excessive signage clutter.

Panel Reasons 

 

1.                The Panel supported the findings contained in the Assessment Report and endorsed the reasons for the refusal including the particulars.

2.                The Panel considered insufficient acoustic information submitted with the application as a pertinent issue and accordingly adding wording to the particulars of two reasons of refusal in this regard.

3.                The Panel expressed significant concern over the proposed traffic and parking arrangements and impacts on neighbouring land given the site’s context and the reliance on the use of other land.

4.                The Panel did not consider the proposed development to be substantially the same development as that approved due to the proposed intensification of the use and the associated impacts of such intensification.

 

 

The decision of the Panel was unanimous

 

 

38-42 Burns Bay Road, Lane Cove

 

The Panel was unable to consider this application under Section 2.1 Reviews of the Local Planning Panels Direction Operational Procedures, as the determination of a review application from a panel decisions shall be determined by different members of the panel to those who made the original determination, and two members of the Panel were involved in the original determination.  Accordingly as a quorum for this item of business was not present, the matter was deferred.

 

 

The meeting closed at 6pm.

 

 

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