Logo Watermark

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

Lane Cove Local Planning Panel Meeting

5 November 2019, 5:00pm

.

LC_WebBanner


Lane Cove Local Planning Panel 5 November 2019

Minutes

 

 

 

PRESENT:                              Hon David Lloyd, Chairman, Mr Kevin Hoffman, Planning Expert, Mr Eugene Sarich, Planning 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 Henry Burnett, Senior Town Planner and Ms Angela Panich, Panel Secretary

 

DECLARATIONS OF INTEREST:    Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Lane Cove Local Planning Panel Reports

 

22B Haughton Street, Linley Point

 

DETERMINATION

 

That the Lane Cove Local Planning Panel at its meeting of 5 November 2019, exercising the functions of the Council as Consent Authority pursuant to Clause 4.16 of the Environmental Planning and Assessment Act 1979 approve a variation to the height prescribed by Clause 4.3 of the Lane Cove Local Environmental Plan 2009. The applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, the proposed development would be in the public interest and would be 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 5 November 2019, exercising the functions of Council as the consent authority, grant development consent to Development Application DA81/2019 for alterations and additions to an existing dwelling and swimming pool on 22B Haughton Street, Linley Point, subject to the following:

 

General Conditions

 

1.         That the development be strictly in accordance with:

·    Drawing number/s: DA101, DA201-202, DA301-303, DA401, DA501-505 and DA801 Issue A dated 27/06/2019 prepared by Studio Parisi Architects

 

except as amended by the following conditions.

 

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

 

1A.       The plans be amended as follows:

 

-     That planting of a Red Robin’s (Photonia) screen occurs along the perimeter of the swimming pool to achieve a maximum height of 2.2m.

 

            Reason: To ensure privacy is protected from adjoining properties and Lane Cove River.

 

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

 

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

 

3.         All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

            Reason: Statutory requirement.

 

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

 

            Reason: Statutory requirement.

 

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

 

            Reason: Statutory requirement.

 

6.         An Occupation Certificate being obtained from the Principal Certifier before the occupation of the building.

 

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

 

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

 

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

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

 

            Reason: To protect the environment and public amenity.

 

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

 

            Reason: To protect the environment and public amenity.

 

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

 

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

 

Reason: To protect the environment and public amenity.

 

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

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

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

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

 

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

 

Reason: To ensure public safety and public information.

 

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

 

            Reason: To protect the environment.

 

13.       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.

 

14.       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.

 

15.       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.

 

16.       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.

 

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

 

a)      The pier holes/pads before filling with concrete.

b)      All reinforcement prior to filling with concrete.

c)      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.

j)       Completion.

 

            Reason: Statutory requirement.

 

18.       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.

 

19.       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.

 

20.       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.

 

21.       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.

 

22.       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.

 

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

 

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

 

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

 

            Reason: To ensure public safety.

 

25.       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.

 

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

 

            Reason: To ensure compliance with the Australian Standards.

 

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

 

            Reason: To protect the surrounding environment.

 

28.       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.

 

29.       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.

 

30.       BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

            Reason: Statutory requirement.

 

Tree Preservation Conditions

 

31.       Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove             local government area in accordance with State Environmental Planning Policy (Vegetation in non-rural areas) 2017. Part 2 Section 7(1) of the SEPP states “A person must not clear vegetation in any non-rural area of the State to which Part 3 applies without the authority conferred by a permit granted by the council under that Part.” Clearing of vegetation includes “a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or b) lop or otherwise remove a substantial part of the vegetation.” Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000.

 

The reason is to maintain and protect the natural environment in Lane Cove.

 

32.       This consent gives approval for the removal of One Cocos Palm and one Alexandrea Palm to the west of the proposed pool and rear of the existing dwelling. Trees may be removed upon issue of the Construction Certificate only.

 

The reason is to allow the installation of the swimming pool.

 

33.       Trees removed as part of the DA process must be replaced at a ratio of no 1:1 and all plantings/landscaping must comply with part J Landscaping of the Lane Cove Development Control Plan 2010.

 

The reason is to ensure trees are replaced in accordance with Council policy and are installed correctly to be retained in the long term.

 

34.       Replacement trees are to consist of two Angophoras costatas; one located to the south of the existing garage as proposed in the Landscape Plan. A second Angophora costata is to be installed to the south of the site on the waterfront side of the property. All trees are to be installed prior to the issue of the Occupation Certificate.

 

The reason is to offset the removal of two Palm trees, both located directly on the Foreshore area.

35.       Replacement trees are to be installed by a qualified Horticulturalist; the tree(s) are to be             provided with support stakes, mulch and initial watering. All costs remain the applicant’s responsibility and the replacement tree be installed prior to the issue of the Occupation Certificate.

The reason is to ensure replacement trees will be retained in the long term.

36.       A Project Arborist of minimal AQF Level 5 qualification is to be appointed prior to the issue of the Construction Certificate to oversee/monitor trees condition during construction and sign off on tree protection measures. Trees are to be monitored throughout construction and a certificate produced upon completion demonstrating the trees have been maintained in good condition. All certificates are to be available to the Principal Certifier within five days of site attendance and must be available to council immediately upon request; failure to produce the latest certificate will be considered a breach of conditions. Final certification is to be submitted to the Principal Certifier prior to the issue of Occupation Certificate.

The reason is to provide an independent professional to monitor and manage retained trees located on and odd the site in accordance with conditions.

 

37.       No stockpiling of materials below ground stormwater pipes or pits are to be installed within 7 metres of the adjoining Cedar tree at the front of neighbouring site 22A Haughton Street. The Project Arborist must approve in writing the Cedar tree has been retained in a viable           condition upon completion of the development. The statement is to be submitted and approved by the Principal Certifier Prior to the issue of the Occupation Certificate.

 

The reason is to minimise the risk of disturbance to the neighbouring tree.

 

38.       The Cedar tree located on the neighbouring property of 22A Haughton Street is to be protected by 1.8 metre site fencing installed along the eastern boundary of the site.

 

The reason is to protect the neighbours’ tree without impeding on adjoining land.

 

39.       This condition provides consent for the minor pruning of the Cedar tree located on neighbouring property 22A Haughton Street. Pruning is to be consist of tip pruning branches that extend onto the proposed walkway and roof of the proposed addition. No branches are to be removed completely, all pruning is to comply with Australian Standard 4373 Pruning of Amenity Trees (2007) and be supervised by the Project Arborist. Pruning works are to be carried out by a minimum AQF Level 3 Arborist from ground level within the boundary of 22B Haughton Street only, this consent does not grant access to the neighbouring site.

 

The reason is to prune only what is require for the installation of the walkway by professionals without trespassing.

 

General Engineering Conditions

 

40.       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.

 

41.       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.

 

42.       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.

 

43.       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.

 

44.       Restoration: Public areas must be maintained in a safe condition at all times. 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.

 

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

 

  Reason: To protect, maintain and provide utility services.

 

46.       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.

 

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

 

   Reason: To protect public infrastructure.

 

48.       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.

 

49.       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 meet the relevant Australian Standard.

 

50.   Rainwater Reuse Tanks: The proposed rainwater tank is required as per BASIX certificate and to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

·     Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

·     Mosquito protection & first flush device shall be fitted to the reuse tank.

·     The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

·     Hydraulic calculation prepared by qualified engineer for charged pipe system draining to rainwater tank and submitted to Council

 

Reason:     To comply with Basix/Council’s requirements and satisfy hydraulically.

 

51.    Heavy Vehicle Duty Employee and Truck Cleanliness: The applicant shall

·   Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site.

·   Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times.

·   Place an employee within proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site.

   Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.

 

  Reason: To protect the environment.

 

52.       Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately      covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

 

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

 

Engineering conditions to be complied with prior to Construction Certificate

 

53.       Council Infrastructure Damage Bond: The applicant shall lodge with Council a $3000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice.  All repairs are to be carried out 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.

 

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

   The applicant shall:-

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

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

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

   The above matters are to be completed and documentation submitted to the 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 protect surrounding properties and identify vulnerable structures.

 

55.       Drainage Plans Amendments: The stormwater drainage plan No: HDA01 – HDA04 Rev P3 prepared by INLINE dated on 16/05/19 is to be amended to reflect the following conditions. This plan should show full details of new pipe network includes following;

1.    Proposed pipe system should show pipe sizes and invert levels confirming pipe system satisfies Council DCP

2.    Rainwater tank shall be installed as per BASIX certificate

 

   The amended design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

   The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the Construction Certificate.

 

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

 

56.       Geotechnical Report: A geotechnical report is to be completed for the excavation proposed for the development. The Geotechnical Report and supporting information are to         be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

 

  Reason:   To protect the environment and required for any excavation greater than 2m.

 

57.       Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate. The Geotechnical Monitoring Program must    be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction.

   The Geotechnical Monitoring Program for the construction works must be in accordance with the recommendations of the Geotechnical Report and is to include

·     Recommended hold points to allow for inspection by a suitably qualified engineer during the following construction procedures;

§ Excavation of the site (face of excavation, base, etc)

§ Installation and construction of temporary and permanent shoring/ retaining walls.

§ Foundation bearing conditions and footing construction.

§ Installation of sub-soil drainage.

·     Location, type and regularity of further geotechnical investigations and testing.

   Excavation and construction works must be undertaken in accordance with the    Geotechnical and Monitoring Program.

 

   Reason:  To ensure adequate monitoring of excavation works.

 

58.       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.

 

59.       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 Council’s infrastructure.

 

60.       Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of           the Construction Certificate

 

   Reason:  To ensure the safety and viability of the retaining structures onsite.

 

61.       Design of Pool Structure: The proposed concrete pool is to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction             Certificate

 

  Reason:   To ensure the proposed design is in accordance and comply with Australian Standard.

 

62.       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 Council accepted water management around pool.

 

Engineering condition to be complied with prior to commencement of construction

 

63.       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.

 

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

 

  Reason: To ensure safety of road and footpath users.

 

Engineering condition to be complied with prior to Occupation Certificate

 

65.       Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out in accordance with the relevant Australian Standards and Codes of Practice.

   The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.

 

   Reason:  To ensure retaining walls are constructed according to approved plan.

 

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

 

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

 

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

 

Panel Reasons

 

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

 

2.                The development is permissible in the R2 Low Density Residential Zone and generally satisfies the requirements of the applicable planning controls.

 

3.                        3.        The development will be compatible with the character of the area.

 

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

 

 

 

The decision of the Panel was unanimous.

 

 

608-616 Mowbray Road and 23 Mindarie Street, Lane Cove North

 

DETERMINATION

 

That the Lane Cove Local Planning Panel at its meeting of 4 November 2019, exercising the functions of the Council as Consent Authority pursuant to Clause 4.16 of the Environmental Planning & Assessment Act 1979 approve a variation to the height prescribed by Clause 4.3 of the Lane Cove Local Environmental Plan 2009, as it is satisfied that the applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, and the proposed development would be in the public interest as 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 4 November 2019, exercising the functions of Council as the consent authority, grant consent to Development Application DA48/19 for the demolition of existing structures and construction of a residential flat building on Lots 12-16 in DP 35865 and Lot 97 in DP 36362, known as 608-616 Mowbray Road and 23 Mindarie Street, Lane Cove North, subject to conditions in Attachment 6 which are as follows:

 

 

 

GENERAL CONDITIONS

 

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

           

Plan No

Title

Author

Revision

Date

DA100

Site Plan

DKO

B

21/10/2019

DA200

Basement Level 1

DKO

C

21/10/2019

DA201

Lower Ground Level

DKO

C

21/10/2019

DA202

Ground Level

DKO

C

21/10/2019

DA203

Level 1

DKO

C

21/10/2019

DA204

Level 2

DKO

C

21/10/2019

DA205

Level 3

DKO

C

21/10/2019

DA206

Level 4

DKO

C

21/10/2019

DA207

Roof Level

DKO

C

21/10/2019

DA300

Elevations

DKO

C

21/10/2019

DA301

Elevations

DKO

C

21/10/2019

DA400

Sections

DKO

C

21/10/2019

DA401

Sections

DKO

A

21/10/2019

LSDA-001

Tree Retention and Removal Plan

Greenplan

D

19/08/2019

LSDA-201 to 207

Landscape Plan

Greenplan

G

20/08/2019

LSDA-301

Landscape Details

Greenplan

B

17/10/2019

LSDA-302

Landscape Details

Greenplan

B

21/08/2019

 

            The following amendments are to be made to the architectural plans prior to the issue of a Construction Certificate:

 

·        A sink is to be placed adjacent to the BBQ area for the three (3) rooftop communal open space areas;

·        A child change facility is to be incorporated in each communal bathroom adjacent to the three (3) rooftop communal open space areas; and

·        The building adjacent to the eastern boundary is to be amended where it is set back 5 metres, to provide for a minimum 5.5 metre setback.

 

2.         Bushfire Safety Authority: Compliance with the bushfire safety authority issued by New South Wales Rural Fire Service dated 5 June 2019 including:

 

·        At the commencement of building works, or the issue of a subdivision certificate (whichever comes first) and in perpetuity, the entire property shall be managed as an Inner Protection Area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

·        The provision of water, electricity and gas services are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

 

·        New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

·        Landscaping to the site is required to comply with the principles of Appendix 5 of ‘Planning for Bush Fire Protection 2006’. Boundary fences may be constructed using hardwood where there is a minimum 1 metre separation from a building. Where there is less than 1 metre separation, non-combustible materials shall be used. No brushwood fencing shall be used.

 

·        A Bush Fire Emergency Management and Evacuation Plan shall be prepared consistent with 'Development Planning- A Guide to Developing a Bush Fire Emergency Management and Evacuation Plan December 2014'.

 

3.         Crime Prevention Through Environmental Design: Compliance with the following Crime Prevention Through Environmental Design requirements:

 

·        The building address is to be cleared identified with signage visible from the street;

·        An electronic surveillance system (CCTV) is to be included to provide surveillance of areas of the building including entry/exits, mail boxes and garage areas particularly bicycle and motorcycle parking areas and storage cages. The system is to be capable of recording high-quality images of events. The recording equipment is to be locked away to reduce the likelihood of tampering. Monitors should be placed in secure areas, to allow security staff, if applicable, to view all areas under camera surveillance;

·        Appropriate signage is to be erected inside and around the perimeter of the property to warn of security treatments in place e.g. “This site is under 24 hour video surveillance”;

·        Lighting in and around the common areas of the development should comply with Australian Standard 1158 and provide for adequate, uniform illumination. External lighting should be of a ‘white light’ source. Luminaries (light covers) are to be installed throughout all common area lighting to reduce opportunities for malicious damage;

·        An emergency control and evacuation plan should be implemented within the building;

·        All recording made by the CCTV system must be stored for at least 30 days and ensure that the system is accessible by at least one member of staff (or authorised resident) at all times it is in operation, and provide any recordings made by the system to a police officer or police inspector within 24 hours of any request made by those persons;

·        Mailboxes should be secured so they are entirely within the building lobby or only able to be opened from inside the building (or behind a secured common area). Australia Post requirements prevail where there is any inconsistency; and

·        Suitable warning signs are to be erected within the basement parking area warning residents of theft of bicycles, motorcycles and from storage cages.

 

4.         BCA Requirement:  All building works are required to be carried out in accordance with the provisions of the Building Code of Australia. A Completion Certificate is to be issued by the Principal Certifier or accredited Fire Safety Engineer, confirming that all identified Performance Solutions have been completed or implemented for the building prior to the issue of the Occupation Certificate.

 

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

 

 

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

 

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

        Monday to Friday (inclusive)         7am to 5.30pm  High noise generating activities, including rock breaking and saw cutting be restricted to between 8am to 5:00pm with a respite period between 12.00 noon and 1.30pm Monday to Friday.

        Saturday                                        8am to 12 noon with NO excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N. 

Sunday                                          No work Sunday or any Public Holiday.

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

 

8.         Accessibility: Compliance with the Access Report prepared by Accessible Building Solutions, submitted with the Development Application, and dated  17 April 2019, including a minimum 20% of units to be adaptable and 80% to be visitable in accordance with Lane Cove Development Control Plan 2010.

 

9.         Parking Allocation Both the owner and occupier of the development and/or the strata body must provide and maintain the minimum parking allocation as follows;

§  107 residential spaces including 16 accessible spaces;

§  20 visitor spaces including 1 accessible space and 2 car wash bays;

§  9 motorbike spaces; and

§  21 bicycle rail rack spaces.

 

10.       Section 7.11 Contribution: PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN. THE PAYMENT IS TO BE MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

The Section 7.11 contribution payable is calculated in accordance with the Plan being the average number of persons per dwelling size as detailed in the following table:

No. bedrooms

Average occupancy

Amount of contribution per dwelling

No. of Dwellings

Total

contribution

1 Bedrooms 

1.2 persons

$10,642.00 x 1.2 =

$12,770.40.00 per dwelling

26 x $12,770.40

$332,030.40

2 Bedrooms

1.9 persons

$10,642.00 x 1.9 =

$20,219.80 per dwelling

Capped Rate $20,000.00 per dwelling

43 x $20,000.00

$860,000.00

3 Bedrooms

2.4 persons

10,642.00 x 2.4 = $25,540.80

Capped Rate $20,000.00 per dwelling

8 x $20,000.00

$160,000.00

 

 

 

TOTAL

$1,352,030.40

 

The Section 7.11 contribution payable is reduced through any existing credit applied to the existing entitlements as detailed in the following table:

 

No. bedrooms

Average occupancy

Amount of contribution per dwelling

No. of Dwellings

Total

contribution

2 + Bedrooms

N/A

Capped Rate $20,000.00 per dwelling

6 x $20,000.00

$120,000.00

 

 

 

TOTAL

$120,000.00

 

The Section 7.11 contribution payable is $1,352,030.40 - $120,000.00 = $1,232,030.40 in accordance with 2019/2020 fees and charges.

 

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

 

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

 

13.       Fire Safety Schedule:   A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved prior to the issue of a Construction Certificate.

 

14.       Reflectivity of materials: Roofing and other external materials must be of low glare and reflectivity.  All metal deck roofs are to be of a ribbed metal profile in a mid to dark colour range with an anti-glare finish.  Details of finished external surface materials, including colours and texture must be provided to the Principal Certifying Authority prior to the issue of a Construction Certificate.

 

15.       Security fencing:  The site is to be properly fenced to prevent access of unauthorised persons outside of working hours.  The fencing shall be locked with an appropriate locking device that cannot be readily opened by any unauthorized persons.  Site security shall be in accordance with the requirements under the Work Health and Safety Regulations.

 

16.       Stabilised Access Point:  A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised.  These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (blue Book).

 

17.       BASIX: The submission of documentary evidence of compliance with all commitments listed in BASIX Certificate submitted with the Development Application prior to the issue of an Occupation Certificate.

 

18.       Sydney Water – Section 73 Compliance Certificate: A compliance certificate must be obtained from Sydney Water, under Section 73 of the Sydney Water Act 1994. Sydney Water will determine the availability of water and sewer services, which may require extension, adjustment or connection to Sydney Water mains. A Section 73 Compliance Certificate must be completed before the issue of any Occupation Certificate.

  

Sydney Water will assess the development and if required will issue a Notice of Requirements letter detailing all requirements that must be met. Applications can be made either directly to Sydney Water or through a Sydney Water accredited Water Servicing Coordinator.

 

Go to www.sydneywater.com.au/section73 or call 1300 082 746 to learn more about applying through an authorised WSC or Sydney Water.

 

19.       Survey Certificate:  A check survey certificate is to be submitted at the completion of works. Note: All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

20.       Graffiti: All surfaces on the street level that are not glass should use graffiti resistant paints and/or other surfaces that discourage graffiti. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

TREE MANAGEMENT CONDITIONS

 

21.       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.

 

22.       A Project Arborist of minimal AQF Level 5 qualification is to be appointed prior to the issue of the Construction Certificate to oversee/monitor trees condition during construction and sign off on tree protection measures. Trees are to be monitored throughout construction and a certificate produced upon completion demonstrating the trees have been maintained in good condition. All certificates are to be available to the Principal Certifier within five days of site attendance and must be available to council immediately upon request; failure to produce the latest certificate will be considered a breach of conditions. Final certification is to be submitted to the Principal Certifier prior to the issue of Occupation Certificate.

 

23.       Arborist Inspections: The project Arborist is to attend site and record attendance at the following intervals:-

                             i.           Pre-demolition to record the condition of retained trees prior to works carried out and to mark trees approved for removal.

                           ii.           Post demolition to certify trees have not been damaged during the phase.

                          iii.           During all excavation and works within the TPZ areas of retained trees.

                          iv.           During all storm water installation within the TPZ of all retained trees.

                           v.           All root pruning is to be carried out and recorded by the project Arborist, no roots greater than 40mm in diameter are to be pruned.

                          vi.           Monthly inspections during construction.

                        vii.           Final inspection to include a report on the longevity of retained trees has not been diminished because of the development.

All project Arborist attendance is to be followed by a certificate or statement of attendance to be submitted to the Principal Certifier within five days of attendance.

 

24.       Tree Removal: The following trees are approved to be removed; 2,3,4,5,6,7,8,9,10,11,12, 13,14,15,16,24,28,29,30,31,32,33,36,37,38,39 and 40 (total of 27) as identified in the Arborist Report prepared by Dr. Treegood dated August 2019 Version 3.4.

 

25.       Tree Retention: Trees 1,17,18,19,20,21,22,23,25,26,34,35 and 41 (total of 13) are to be retained and protected for the life of the development as identified in the Arborist Report prepared by Dr. Treegood dated August 2019 Version 3.4.

 

26.       Tree Replacement: The replanting is to be consistent with the required ratio of 1:1 stated in part J Landscaping of Councils DCP.

 

27.       Tree Protection Plan: A site-specific Tree Protection Plan produced by an AQF5 Consulting Arborist showing protective measures for all retrained trees shall to be submitted to the Principal Certifier prior to the issue of the Construction Certificate. All tree protective measures must be in place prior to any works commencing on the site and must be maintained for the duration of works on the site. The plan must include a work method statement specific to working within the tree protection zones. The plan must meet Australian Standard AS4970-2009 Protection of Trees on Development sites and AS4373-2007 Pruning of Amenity Trees.  All the above is required prior to the issue of the Construction Certificate. The plan must be prepared to a scale of 1:200 or 1:100

 

28.       The site-specific tree protection plan shall be incorporated into the construction management plan for the site and be displayed in the site office for the duration of the construction period.

 

29.       Tree 41 must be provided an immediate exclusion zone of 5.4m radius on the subject site side of the boundary prior to the commencement of demolition. Any excavation within the TPZ of T41 is limited to that shown in the approved plans (Drawing No. DA200) and is to be supervised by the Project Arborist. 

 

30.       The low wooden retaining wall on the southern boundary adjoining Mindarie street is to be retained to protect the retained trees on the embankment.

 

31.       Proposed storm water pipes are to be installed in accordance with the recommendations section (section 6.8 of the Arborist Report prepared by Dr. Treegood dated August 2019 Version 3.4.). Hand tools, Air spade or Hydrovac techniques are to be used to excavate the trench under the supervision of the project Arborist.

 

32.       Footing, trench or excavation that is within the TPZ of any retained trees must be carried out under the guidance of the Project Arborist and using non-destructive techniques. No tree roots greater than 40mm diameter to be severed or damaged unless approved by the Project Arborist. All roots are to be pruned and documented by the Project Arborist then submitted with the final certificate of compliance upon completion of the project. Prior to the issue of Occupation Certificate. Once Complete and roots have been pruned clear of the area, civil machinery may resume excavation from outside of the tree protection zone.

 

33.       All Tree Protection Zone setbacks stated on the Arborist Report prepared by Dr. Treegood dated August 2019 Version 3.4. Figure 2 (acceptable incursions into the TPZ) are to be adhered to for the duration of construction.

 

34.       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 public reserve immediately adjoining the land subject of this development consent. This bond may be forfeited in the event of damages to any of these trees as a result of the development works as determined by Council’s Tree Management Officer, at a minimum the cost of replacing the tree including labour will be deducted from the bond. The applicant shall contact Council to have the street tree inspected following issue of the Occupation Certificate.

 

WASTE MANAGEMENT CONDITIONS

 

35.       Waste and Recycling Storage Room and Bulky Waste Storage Room: Compliance with the following requirements:

 

·        The waste and recycling storage room must be provided and be of sufficient size to accommodate a total of 24 x 240L general waste bins, 8 x 240L container recycling bins, and 8 x 240L paper recycling bins with adequate space for manoeuvring garbage and recycling bins including minimum clearance between bins of 300mm, minimum door openings of 1700mm and minimum distance of 1700mm between rows of bins (where bins are located on either side of the room);

·        A readily accessible bulky waste storage room located near the garbage room must be provided for the use of all residents. The bulky waste storage room must have a minimum floor area of 30m2 and be of sufficient size to practically accommodate a minimum of 10m3 of bulky waste at any given time. Doorways and travel paths must be a minimum width of 1700mm and of sufficient height and be free of obstructions to permit easy transport from individual units to the storage area, and from the storage area to the collection point.

·        The floor of waste and recycling storage rooms and bulky waste storage room must be constructed of either concrete which is at least 75mm thick or other equivalent material, and be graded and drained to a floor waste which is connected to the sewer;

·        All floors must be finished to a smooth even surface, coved at the intersections of walls and floor;

·        The walls of waste and recycling storage rooms, bulky waste storage rooms, and waste service compartments must be constructed of solid impervious material and must be cement rendered internally to a smooth even surface coved at all intersections;

·        All waste and recycling storage rooms and bulky waste storage rooms must be provided with an adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock;

·        A close-fitting and self-closing door that can be opened from within the room must be fitted to all waste and recycling and bulky waste storage rooms;

·        All waste and recycling and bulky waste storage rooms must be constructed to prevent the entry of vermin;

·        All waste and recycling and bulky waste storage rooms must be ventilated by either mechanical ventilation systems exhausting at a rate of 5L.s per m@ of floor space area, with a minimum rate of 100L/s, or permanent, unobstructed natural ventilation openings direct to the external air;

·        All waste and recycling and bulky waste storage rooms must be provided with artificial light controlled by switches located both inside and outside the rooms;

·        Clearly printed “No Standing” signs must be affixed to the external face of each waste and recycling and bulky waste storage room.

 

36.       Access to Waste Collection Point: All waste must be collected on-site via on-site access by Council’s waste collection vehicles including compliance with the following:

 

·        The location(s) of waste and recycling rooms and bulky waste storage areas must be conveniently accessible for both occupants and Council’s waste collection contractors;

·        The minimum finished ceiling height must be 2.6m along the path of travel from the street to the residential waste and recycling collection point and manoeuvring area. This clearance must be kept free of any overhead ducts, services and other obstructions. Certification of design compliance by a suitably qualified consultant is to be provided prior to the issue of a Construction Certificate.

·        The maximum grade of any access road leading to the waste and recycling point must not be more than 1:5 (20%). The running area at the base of any ramp must be sufficient for the manoeuvre of a 6.64m rigid vehicle to enter and exit the building in a forward direction. Certification of design compliance by a suitably qualified consultant is to be provided prior to the issue of a Construction Certificate.

·        Where security gates are installed, a remote control access device must be provided to Council to permit unimpeded access.

 

37.       Indemnity: Prior to the issue of an Occupation Certificate, the applicant must enter into a suitable Deed indemnifying Council and its contractors against claims for loss or damage to common property, liabilities, losses, damages, and any other demands arising from any on-site collection services.

 

38.       Composting and Worm Farming: The applicant must provide a container for communal composting/worm farming, the sitting of such must have regard to potential amenity impacts.

 

39.       Internal Waste Management: Internal waste and recycling cupboards with sufficient space for one day’s garbage and recycling generation must be provided to each dwelling.

 

40.       Provision of Waste Services: Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services and finalise the payment for the supply and delivery of all waste and recycling bins.

 

ENVIRONMENTAL HEALTH CONDITIONS

 

41.       The recommendations set out in section 9 of the Stage 1 Preliminary Site Investigation prepared by Alliance Geotechnical (Report No: 8678-ER-1-1) dated the 15 April 2019 are required to be implemented.

 

42.       Any soils proposed to be removed from the site should be classified in accordance with the “Waste Classifying Guidelines, Part 1: Classifying Waste” NSW DECC 2014.

 

43.       An Asbestos Clearance Report, completed by a competent person or licensed asbestos assessor, must be provided to council following the removal of all asbestos containing material from the site and prior to the commencement of bulk excavation.

 

44.       Any imported fill shall be sampled prior to importation and shall conform to VENM (virgin excavated natural material) as per EPA Waste Classification Guidelines –Part 1: Classifying Waste (Nov 2014)

 

45.       Prior to the issue of the Occupation Certificate, a report from an acoustic consultant is to be submitted, certifying that the development has been built in accordance with the Acoustic Report prepared by Wilkinson- Murray (Reference Number 18327 Version A - dated April 2019).

 

46.       Prior to the issue of the Construction certificate a Construction Noise & Vibration Management Plan is to be submitted to address the impacts of demolition and construction on the surrounding locality. The CNMP shall specifically address acoustic shields, barriers and complaint management.

 

47.       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.

48.       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.

 

49.       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.

 

50.       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.

 

51.       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.

 

52.       Stabilised Access Point: A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised.  These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (blue Book)

 

53.       Site Water Management Plan: A site water management plan is to be submitted to Council for approval.  The plan is required to be site specific and be in accordance with “Managing Urban Stormwater – Soils and Construction” (the blue book) produced by the NSW Department of Housing.

 

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

 

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

 

56.       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.

 

57.       Noise Control  – Car Park Security Grills: To minimise the impact on the amenity of surrounding residents, all sound producing plant, equipment, machinery or fittings within or forming part of the proposed security door fitted to the car parking area entrance shall be acoustically attenuated so that the noise emitted does not exceed 5db(A) above ambient background level. Not withstanding the above any noise that is emitted shall not be audible within any premises and comply with the Protection of the Environmental Operations Act 1997.

 

58.       Noise Control – Demolition Works: Noise must be minimised as far as practicable, by the selection of appropriate methods and equipment, and by the use of silencing devices where practicable.

 

59.       Noise Level Restrictions – Demolition Works: Noise from demolition works must comply with the following criteria:

a)     For demolition periods of 4 weeks or less the noise level from demolition work must not exceed the background noise level by more than 20dB(A) when measured at the boundary of the worst affected premises in the vicinity

b)     For demolition periods greater than 4 weeks the noise level from demolition work must not exceed the background noise level by more than 10dB(A) when measured at the boundary of the worst affected premises in the vicinity

 

60.       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

 

61.       Road Traffic Noise: The residential flat building must be designed and constructed so that road traffic noise levels comply with the satisfactory design sound level in Australian/New Zealand AS/NZS 2107:2000 Acoustics – Recommended design sound level and reverberation times for building interior, with windows and doors closed.

 

62.       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.

 

63.       Car Park Ventilation: The covered car park must be provided with an adequate system of permanent natural ventilation or an approved system of mechanical ventilation.

 

64.       Storage of Potentially Contaminated Soils: All stockpiles of potentially contaminated soil must be stored in an environmentally acceptable manner in a secure area on the site.

 

65.       Assessment of Potentially Contaminated Soils: All stockpiles of potentially contaminated soil must be assessed in accordance with relevant NSW Environment Protection Authority guidelines, such as the publication titled Environmental Guidelines: Assessment, Classification and Management of Liquid and Non – Liquid Wastes (EPA, 1999).

 

66.       Offsite Disposal of Contaminated Soil: All contaminated soil removed from the sire must be disposed at a waste facility that can lawfully receive that waste. Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.

 

TRAFFIC AND TRANSPORT CONDITIONS

 

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

 

68.       The access to the car park shall comply with Australian Standards. AS 2890.1.

 

69.       All accessible car spaces in the car park are to be adequately signposted and linemarked, and provided in accordance with AS2890.6: 2009 including the adjacent shared space and the height clearance.

 

70.       The waste collection area is to be clearly signposted and linemarked and provided in accordance with AS2890.2.

 

71.       Visitor parking shall be signposted, or line marked.

 

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

 

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

 

74.       A speed hump is to be installed on the entry and exit of the site before the public footpath.

 

75.       The traffic report submitted with the Development Application is to be amended to include details of the proposed traffic signs/management to demonstrate safe operation of the basement ramp system. Alternatively the internal ramps are to be widened to avoid any conflicting vehicle movements. The report should be submitted and approved by Council prior to the issue of a Construction Certificate.

 

76.       A Construction Traffic Management Plan must be lodged with the Council prior to the issue of a Construction Certificate. The Construction Traffic Management Plan should address (but not necessarily be limited to) issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles, public transport and any conflict with other road users in the street, proposed Work Zone and impact of construction traffic activities on residents and cyclists. The Construction Traffic Management Plan should also restrict the impact of heavy vehicles travelling through the surrounding local road network and the surrounding residential and business developments. Any proposed Work Zone shall be clearly shown on plans and application be made to Council and RMS in accordance with approvals required for the Works Zone, Crane Permits and other associated works. Wherever possible, construction vehicle parking should be contained within the site. Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of the preparation of Construction Traffic Management Plan.

 

ENGINEERING CONDITIONS

 

77.       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.

 

78.       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.

 

79.       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.

 

80.       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.

 

81.       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.

 

82.       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.

 

83.       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’.

 

84.       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.

 

85.       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.

 

86.       Council infrastructure damage bond: The applicant shall lodge with Council a $70,000 cash bond or bank guarantee. The bond is to cover the repair of damage or outstanding works 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 commencement of any demolition works.

 

87.       Heavy Vehicle Duty Employee and Truck Cleanliness During Demolition and Construction: The applicant shall

·        Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site.

·        Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times.

·        Place an employee within close proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site.

·        Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.

 

88.       Truck Shaker:  A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

89.       On-Site Stormwater Detention System - Marker Plate:  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in part O Council’s DCP-Stormwater Management. An approved plate may be purchased from Council's customer service desk.

 

90.       Cast in Situ Drainage Pits: Any drainage pit within a road reserve, a Council easement, or that may be placed under Council’s control in the future, shall be constructed of cast in situ concrete and in accordance with Part O Council’s DCP- Stormwater Management.

 

91.       On-Site Stormwater Detention Tank: All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

92.       Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan prepared by SGC Consulting Engineers numbered 1-14 Rev A dated 17-04-19. Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate. The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

93.       Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

94.       Geotechnical Report: A geotechnical report is to be completed for the excavation and ground water impacts associated with this development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

 

95.       Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction. The Geotechnical Monitoring Program for the construction works must be in accordance with the recommendations of the Geotechnical Report and is to include: recommended hold points to allow for inspection by a suitably qualified  engineer during the following construction procedures - Excavation of the site (face of excavation, base, etc), Installation and construction of temporary and permanent shoring/ retaining walls, Foundation bearing conditions and footing construction and installation of sub-soil drainage; and Location, type and regularity of further geotechnical investigations and testing. Excavation and construction works must be undertaken in accordance with the Geotechnical and Monitoring Program.

 

96.       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.

 

97.       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.

 

98.       Road Dilapidation Survey: The applicant shall prepare a dilapidation survey and a dilapidation report detailing the existing state of repair / condition of the road surfaces along Mowbray Road and Hatfield Street adjacent the site. The survey and report need to be submitted to the Council prior to the issue of the first Construction Certificate.  Following completion of construction of the development and prior to the issue of the first Occupation Certificate, the applicant is to prepare a second dilapidation survey and a dilapidation report that includes details of all changes and damage caused to the surface of the said public roads as a consequence truck movements associated with the construction of the development. The Council may apply funds realised from the security referred to in applicable condition to meet the cost of making good any damage caused to the surface of the said public road as a consequence truck movements associated with the construction of the development to which the consent relates. The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers.

 

99.       Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, ramps, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifying Authority.  The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

100.     Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of a Multi Unit 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.

 

101.     Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed basement shall be determined by Council if required.

 

102.     Council Construction Requirements: The applicant shall construct / reconstruct the following:

1.     New 1.5m wide concrete footpath adjacent the entire site to Council’s specification

2.     New Kerb and Gutter along the entire frontage of the site to Council’s Specifications

3.     Reinstate all adjustments to the road surfaces to Council’s satisfaction.

4.     Reinstate all existing nature-strips with turf and soil to Council’s satisfaction.

 

A $20,000 cash bond or bank guarantee shall be lodged with Council to cover the satisfactory construction of the above requirements. Lodgement of this bond is required prior to the issue of the Construction Certificate. The Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the Occupation Certificate. All costs associated with the construction of the above works are to be borne by the applicant.

 

103.     Council Inspection Requirements: The following items shall require Council inspections.

·        All new footpaths on Council Property

·        New kerb and gutter on Council Property

·        All asphalt adjustments to the roadway

·        All the approved stormwater drainage works on Council property

 

Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with Council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / setout requirements. An Inspection fee of $580.00 is to be paid prior to the issue of the Construction Certificate.

 

104.     Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control ‘.The devices shall be maintained during the construction period and replaced when necessary.

 

105.     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.

 

106.     Redundant Gutter Crossing:  All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

107.     Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out in accordance with the relevant Australian Standards and Codes of Practice. The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.

 

108.     Positive Covenants OSD and Pump Out System:  Documents giving effect to the creation of a positive covenants over the on-site detention system and over the basement pump out system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wordings of the terms of the positive covenants shall be in accordance with part O Council’s DCP-Stormwater Management.

 

LANDSCAPING CONDITIONS

 

109.     All landscaping works shall be in accordance with the stamped, approved plans. A Compliance Certificate from a registered, practicing landscape architect confirming the landscape has been installed in accordance with the plans shall be submitted to the Certifying Authority upon completion with a copy forwarded to Council within 5 business days.

 

110.     All trees along both Kullah Parade (Hatfield Street) and Mowbray Road shall be of a 200L pot size or a minimum 4m height, at time of installation.

 

111.     All trees are to be maintained in a healthy condition for the life of the development with replacement trees to be installed within 6 months of the trees demise.  This obligation shall become the responsibility of the Strata Management at the completion of the 12-month maintenance contract.

 

112.     Councils Landscape Architect shall be advised when the trees have been installed for conducting an inspection. The Occupation Certificate shall not be issued until Councils Landscape Architect is satisfied that this condition has been met.

 

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

 

 

114.     All trees must conform to Australian Standard 2302:2018 Tree Stock for Landscape Use.  Trees are to be inspected by the project Landscape Architect upon delivery to site but prior to installation.  The project landscape architect shall provide written verification that each tree meets the standards for health, shape and vitality as outlined in the standard.

 

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

 

116.     A certificate must be submitted by a qualified practising landscape architect, Landscape/environmental designer or horticulturist, certifying that the proposed subsoil drainage and any associated waterproofing membrane have been installed in accordance with the details shown on the approved landscape working drawings and specification. Works must not progress until Council or the accredited certifier has confirmed that this condition has been fully satisfied. Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to Council within 5 working days of the date of issue.

 

117.     Prior to issue of the Certificate of Occupation, the applicant must submit evidence of an agreement for the maintenance of all site landscaping by a qualified horticulturist, landscape contractor or landscape architect, for a period of 12 months from the date of issue of the Certificate of Occupation.

 

118.     All landscaping areas shall have an automatic irrigation system on a timer that provides adequate water for the ongoing health and vitality of the plants.  The watering times and frequencies are to be adjusted seasonally to account for the different watering requirements for the temperatures and hours of sunlight for each season and maintained for the life of the development.  This obligation shall become the responsibility of the Strata Management outside the Council appointed maintenance period.

 

119.     At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council, 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.

 

120.     Prior to the issue of a Construction Certificate the landscape plan is to be amended to:

·             Be consistent with the approved architectural plans; and

·             Provide a large tree (EUC hem or similar) to each of the following areas: courtyard of unit GF-07 and unit GF-08 within the deep soil zone to Mowbray Road unrestricted by a planter box (in place of the blueberry ash), and to the courtyard of unit L1-14 (in place of the blueberry ash); and  

·             The planter boxes for the Blueberry Ash trees within unit GF-09, GF-10, GF-12 and GF-13 are to be increased to provide a minimum soil volume of 35 cubic metres with a minimum soil depth of 1m or to the edge of the approved paved terrace area, whichever is the lesser. The planter can also act as a raised turf area for private open space use as long as the required soil depth (1m) is provided.

 

SUBDIVISION CONDITIONS

 

121.     88B Instrument:  An instrument under Section 88B of the Conveyancing Act 1919 plus two copies are to be submitted to Council prior to the release of subdivision certificate. The 88B instrument shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.

Where Council, inter-allotment drainage lines or services are located within the development, drainage easements and easements for services shall be created in accordance with Council’s minimum widths as set out in Council’s DCP-Stormwater Management.

Part 2 of the 88B instrument shall contain a provision that any easements, rights of way, covenants shall not be extinguished or altered without the written consent of Council.

 

122.     Linen Plan of Subdivision:  A Linen Plan of Subdivision plus five copies are to be submitted to Council prior to the release of subdivision certificate.

The linen plan of subdivision shall be suitable for endorsement by the General Manager pursuant to Section 327 of the Local Government Act and shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.

 

123.     Subdivision Plan Amendment: The subdivision plan is to be generally in accordance with the plan of subdivision prepared by Christopher Thomas Norton, dated 4 October 2019, Sheets 1 to 5. The plan is to be updated to be consistent with the approved architectural plans prior to the issue of a Subdivision Certificate.

 

Panel Reasons

 

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

 

2.                The development is permissible in the R4 High Density Residential Zone and generally satisfies the requirements of the applicable planning controls.

 

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

 

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

 

 

The decision of the Panel was unanimous

 

 

The meeting closed at 5.15pm.

 

********* END OF MINUTES *********