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Minutes

Lane Cove Local Planning Panel Meeting

1 October 2019, 5:00pm

 

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Lane Cove Local Planning Panel 1 October 2019

Minutes

 

 

 

PRESENT:                                          Hon David Lloyd, Chairman, Mr Kevin Hoffman, Planning Representative, Mr David Johnson, Environmental Expert and Ms Jane Blackmore, 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, 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

 

44 Lower Serpentine Rd, Greenwich

 

DETERMINATION

 

That the matter be deferred pending the identification of the particular amended plans upon which the applicant relies.

 

In the event that a consent is granted, the Panel proposes the following changed conditions:

 

Add

 

55A      Prior to the issue of any Construction Certificate the applicant is to provide an excavation management plan for the written approval of the Council’s Manager of Development Assessment.  The excavation management plan is to be prepared by a suitably qualified and experienced structural engineer and is to include the proposed excavation methodology that will ensure the protection of the adjoining property and heritage item at 2 Richard Street.  This methodology must include details of the most appropriate machinery such as the use of rock sawing and hand tools as considered necessary.  Excavation is not to include the use of high impact/high vibration machinery such as rock hammers and jack hammers.

 

Delete proposed Condition 61 and substitute with the amended Condition 61:

 

61        The Terms of all easements on the title of the subject land, including the terms and rights benefiting Lot 1 in DP 1011512 (2 Richard Street) and burdening Lot 2 in DP 1011512 (44 Lower Serpentine Road) and that include matters such as rights of access, easements for support and drainage of water, are to be maintained and protected at all times, including during construction works on the site.  A registered surveyor is to certify that all proposed works to be undertaken, including those to be agreed under condition 60 of this consent, are consistent with the terms of the easements, prior to the issue of a Construction Certificate.

 

Panel Reasons

 

1.         The Panel was unable to identify particular amended plans upon which the application relies.

 

2.         The development is permissible in the R2 zone and generally satisfies the requirements of all applicable planning controls.

 

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

 

 

The decision of the Panel was unanimous

 

 

98 Longueville Road, Lane Cove

 

DETERMINATION

 

That the Lane Cove Local Planning Panel at its meeting of 1 October 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 for the reason that the Panel is satisfied that the applicant’s written request satisfied matters under Clause 4.6 of the LEP and the breach of the height control would not adversely impact on adjoining or surrounding properties or on the existing streetscape and the application meets the FSR controls under the Lane Cove LEP and generally meets with the B2 (Local Centre zone) and commercial and mixed use objectives for the Lane Cove LEP and will result in a better planning outcome.

 

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 1 October 2019, exercising the functions of Council as the consent authority, grant a deferred commencement consent to Development Application DA20/2019 for alterations and additions to an existing commercial building on 98 Longueville Road, Lane Cove, subject to the following:

 

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

 

Upon the consent authority being satisfied as to compliance with the matters set out in Part A the consent shall become operative and take effect from the date of notification under Clause 95(5) of the Environmental Planning and Assessment Regulations subject to the conditions set out in Part B.

 

PART A – DEFERRED COMMENCEMENT CONSENT:

 

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

 

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

 

                        i.          the front wall of the upper most level shall be setback at least 4 metres from the Longueville Road frontage.

ii.         to break up the large windows expanse at the upper floor level into smaller elements to improve consistency in relation to the Longueville Road streetscape.

iii.         the provision of a landscaped strip (1.5m x 2.7: 4.05sqm) between the bike racks and the rear boundary line to Pottery Lane.

iv.        a minimum 2.7m floor to ceiling height to be achieved for any new floor level.

 

Amended floor plans and elevations are to be submitted to Council which document the changes within Condition 1.

 

Reason: To ensure that the height of the development is reduced, that the Longueville Road/Pottery Lane streetscape is protected and internal amenity is to be provided for future users.

 

PART B – CONDITIONS OF CONSENT:

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

 

1.         That the development be strictly in accordance with:

·    Drawing number/s: DA01 Revision E dated 7/2/19 and DA02 – 11 Revision F dated 30/5/19

·    By Turner Hughes Architects

 

except as amended by the following conditions and amended plans to satisfy Condition 1 under Part A of this consent.

 

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

 

2.         Separate Development Application/s: Separate Development Application/s is to be submitted for the use/operation including any signage of the two approved commercial levels.

 

Reason: To ensure the first-time usage of the levels are appropriately regulated.

 

3.         A Traffic Management Plan: A Traffic Management Plan (TMP) is to be submitted. The TMP is required to address the impact of traffic/parking from the demolition and the construction phase of the project. The plan is to be submitted in accordance with Council’s commitment to reducing traffic/parking impacts on the surrounding residential and commercial area. This is to be submitted prior to construction being carried out.

 

Reason: To ensure reasonable amenity is maintained to the neighbouring properties and to the current workers on the subject site.

 

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

 

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

 

5.         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 Certifier or 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.

 

6.         THE PAYMENT OF A SECTION 7.11 CONTRIBUTION OF $94,812.60 TOWARDS TRAFFIC MANAGEMENT AND STREETSCAPE IMPROVEMENTS, OPEN SPACE AND RECREATION FACILITIES, DRAINAGE AND COMMUNITY FACILITIES. THE CONTRIBUTION TO BE MADE PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE AND TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THE CONTRIBUTION IS PARTLY BASED ON NO ON-SITE CAR PARKING BEING PROPOSED WHERE A TOTAL OF 4 CAR PARKING SPACES ARE REQUIRED FOR THE ADDITIONAL COMMERCIAL FLOOR SPACE PROVIDED ABOVE THE FSR RATIO OF 1:1 AND THE CURRENT RATE (2018-19) OF $25,400.00 PER PARKING SPACE WITHIN THE LANE COVE CENTRE

 

THE CONTRIBUTION IS PARTLY BASED ON 138.0SQM AND THE CURRENT RATE (2018-19) OF $134.00 PER SQM OF ADDITIONAL COMMERCIAL FLOOR SPACE.

 

THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 (now 7.11) CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

            Reason: Statutory requirement.

 

7.         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.

 

8.         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.

 

9.         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.

 

10.       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.

 

11.       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.

 

12.       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.

 

13.       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.

 

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

 

            Reason: To protect the environment.

 

15.       Where Lane Cove Council is appointed as the Principal Certifier, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)      All reinforcement prior to filling with concrete.

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

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

d)      Waterproofing of wet areas.

e)      Stormwater drainage lines prior to backfilling.

f)       Completion.

 

            Reason: Statutory requirement.

 

16.       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.

 

17.       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.

 

18.       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.

 

19.       A check survey certificate is to be submitted at:-

 

a) Dampcourse Level

b) 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.

 

20.       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.

 

21.       The demolition works being confined within the boundaries of the site.

 

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

 

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

 

            Reason: To ensure public safety.

 

23.       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.

 

24.       Compliance with Australian Standard 2601 - The Demolition of Structures.

 

            Reason: To ensure compliance with the Australian Standards.

 

25.       Compliance with the Waste Management Plan submitted along with the application.

 

            Reason: To protect the surrounding environment.

 

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

 

            Reason: To ensure all works are carried out lawfully.

 

27.       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.

 

Building Conditions

 

28.       A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

29.       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.

 

30.       Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a minimum height of 1 metre.  Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

 

31.       Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

 

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

 

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

 

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

 

General Engineering Conditions

 

34.       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.

 

35.       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.

 

36.       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.

 

37.       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.

 

38.       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.

 

39.       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.

 

40.       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.

 

41.       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.

 

42.       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.

 

Health Conditions

 

43.     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.

 

44.     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.

 

45.     Dust During Construction

Dust suppression techniques are to be employed during works to reduce any potential    nuisances to surrounding residences

 

46.     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.

 

47.     Clean Water Only to Stormwater System

            Only clean unpolluted water is permitted to enter Council’s stormwater drainage system.

 

48.     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.

 

49.     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.

 

50.      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

 

51.     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.

 

 

52.       Water Cooling System

            Regulated Systems

            All air handling and water systems regulated under the Public Health Act 2010 must be installed, operated and maintained in accordance with the requirements of Public Health Regulation 2012. The system is to be registered with Council together with payment of the approved fee, prior to occupancy of the building.

 

53.       Access for Maintenance Purposes

Safe easy access must be provided for the inspection and maintenance of all plant, equipment and components covered by Australian Standard AS3666.2:2002 Air handling and water systems of buildings – Microbial control – Operation and maintenance.

 

54.       Registration of Water Cooling and Warm Water Systems

All water cooling and warm water systems regulated under the Public Health Act 1991 must be registered with Council’s Environmental Services Unit within one month of installation.

 

Engineering conditions to be complied with prior to Construction Certificate

 

55.       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 because of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred because 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.

 

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

   The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

   The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

           

  Reason:   To protect neighbouring properties.

 

57.       Dilapidation Report The applicant is to provide a dilapidation report of all adjoining properties and any of Councils infrastructure located within the zone of influence of the proposed excavation.

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

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

 

   Reason:  To provide a record of public and private infrastructure.

 

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

 

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

 

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

 

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

 

  Reason:   To ensure existing and proposed stormwater system comply with Council’s requirements.

 

Engineering condition to be complied with prior to commencement of construction

 

59.       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.

 

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

 

   Reason:  To ensure safety of road and footpath users.

 

Engineering condition to be complied with prior to Occupation Certificate

 

61.       Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, Part O Council’s DCP-Stormwater Management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:

 

(a)     Be signed by a registered surveyor, &

(b)     Clearly show the surveyor’s name and the date of signature.

 

All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.

 

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

Panel Reasons:

 

1.         The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report subject to the following changes:

 

            Condition 1 (i) to be deleted and substituted by the following:

 

(i)               The front wall of the upper most level shall be setback at least 4 metres from the Longueville Road frontage.

 

Change to condition (iv)

 

(iv)       Delete 3.3m floor to ceiling height and substitute 2.7m floor to ceiling height.

 

 

The decision of the Panel was unanimous

 

 

38-42 Burns Bay Road, Lane Cove

 

DETERMINATION

 

That the Lane Cove Local Planning Panel, in exercising it’s duties as the consent authority, pursuant to Section 8.4 of the Environmental Planning and Assessment Act 1979, supports the findings contained in the assessment report and supports the reasons for refusal contained in that report.

 

Panel Reasons

 

1.         The Panel supports the findings contained in the Assessment Report and endorses the reasons for the refusal contained in that Report.

 

 

 

The decision of the Panel was unanimous

 

 

2 - 20 Rosenthal Avenue Lane Cove

 

DETERMINATION

 

1.     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 1 October 2019, exercising the functions of Council as the consent authority, grant consent to Development Application DA19/98 for signage at 2–20 Rosenthal Avenue subject to the following changed condition

Condition 3 being deleted and substituted by the following:

 

        3.      In order to preserve existing and future residential amenity, illumination of the Business and Centre Identification signs will be restricted to comply with the approved operational hours of the Level 1 tenancies.

 

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

 

Drawing Number:

Prepared by:

Dated:

AR-CD6071 – Rev 7

Coles & ALDI signage plan

Level B0 – Dock Signage

Level B0- Carpark Entry Signage

Section – welcome sign

Section – center signage

scott carver

28/06/19

AR-CD6072 – Rev 7  Coles & ALDI Signage Elevations

scott carver

28/06/19

AR-CD6073 – Rev 6   Coles & ALDI Signage Schedule

scott carver

28/06/19

 

Specific                              

 

2.         In order to ensure compliance so as preserve existing and future residential amenity, the signage is not to exceed the maximum daytime luminance level for Zone 3 within Table 1: Luminance rules under cl. 3.9 of Part N – Signage and Advertising of the Lane Cove DCP 2009 (the DCP 2009) and further, no illuminated sign is to flash and any night-time luminance of signage must not exceed one-quarter of the prescribed value.

 

3.         In order to preserve existing and future residential amenity, illumination of the Business and Centre Identification signs will be restricted to comply with the approved operational hours of the Level 1 tenancies.

 

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

 

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

 

6.         (17) A Certificate of Completion being obtained from the Principal Certifier before the completion of the installation of all signs.

 

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

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

8.         (57) Structural Engineer's details being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE for how the signage would be attached to the building.

 

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

 

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

 

11.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $12,000 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.

 

Panel Reasons

 

1.                The development is permissible in the Mixed Use B4 zone and satisfies the requirements of all the applicable planning controls.

 

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

 

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

 

 

The decision of the Panel was unanimous

 

The meeting closed at 7.40pm

 

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