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Minutes

Lane Cove Local Planning Panel Meeting

3 December 2019, 5:00pm

 

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Lane Cove Local Planning Panel 3 December 2019

Minutes

 

 

 

PRESENT:                              Mr Robert Montgomery, Chairman, Mr Eugene Sarich, Planning Expert, Ms Lindsey Dey, Planning Expert, Ms Jane Blackmore, Community Representative

 

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

 

Section 4.55(1A) - 496-520 Pacific Highway, St Leonards

 

DETERMINATION

 

That pursuant to section 4.55(1A) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 3 December 2019 exercising the functions of the Council as the consent authority granted consent to the Section 4.55 Modification Application to Development Application No. 212/2015 on land known as 496-520 Pacific Highway, with the exception of the following:

·        changes to the external façade materiality including painted fibre cement to replace aluminium panels from ground level to level 3; and

·        changing the car park louvre blades from horizontal to vertical

The determination is subject to the following conditions:

 

i.          The replacement of condition 1 as follows:

 

          1.  The development be strictly in accordance with the following drawings:

 

Drawing Number

Title

Date and Revision

Prepared By

A.DA001

External View

28.08.2019 Rev C

Warren & Mahoney

A.DA004

Development Summary

28.08.2019 Rev C

Warren & Mahoney

A.DA012

Basement 6

28.08.2019 Rev C

Warren & Mahoney

A.DA013

Basement 5

28.08.2019 Rev C

Warren & Mahoney

A.DA014

Basement 4

28.08.2019 Rev C

Warren & Mahoney

A.DA015

Basement 3

28.08.2019 Rev C

Warren & Mahoney

A.DA016

Basement 2

28.08.2019 Rev C

Warren & Mahoney

A.DA017

Basement 1

28.08.2019 Rev C

Warren & Mahoney

A.DA018

Nicholson Street

28.08.2019 Rev C

Warren & Mahoney

A.DA019

Lower Ground

28.08.2019 Rev C

Warren & Mahoney

A.DA020

Ground Level

28.08.2019 Rev C

Warren & Mahoney

A.DA022

Basement 6

28.08.2019 Rev C

Warren & Mahoney

A.DA023

Basement 5

28.08.2019 Rev C

Warren & Mahoney

A.DA024

Basement 4

28.08.2019 Rev C

Warren & Mahoney

A.DA025

Basement 3

28.08.2019 Rev C

Warren & Mahoney

A.DA026

Basement 2

28.08.2019 Rev C

Warren & Mahoney

A.DA027

Basement 1

28.08.2019 Rev C

Warren & Mahoney

A.DA028

Nicholson Street

28.08.2019 Rev C

Warren & Mahoney

A.DA029

Lower Ground

28.08.2019 Rev C

Warren & Mahoney

A.DA030

Ground Level

28.08.2019 Rev C

Warren & Mahoney

A.DA101

Level 1

28.08.2019 Rev C

Warren & Mahoney

A.DA102

Level 2

28.08.2019 Rev C

Warren & Mahoney

A.DA103

Level 3

28.08.2019 Rev C

Warren & Mahoney

A.DA104

Level 4

28.08.2019 Rev C

Warren & Mahoney

A.DA105

Level 5

28.08.2019 Rev C

Warren & Mahoney

A.DA106

Level 6

28.08.2019 Rev C

Warren & Mahoney

A.DA107

Level 7

28.08.2019 Rev C

Warren & Mahoney

A.DA108

Level 8

28.08.2019 Rev C

Warren & Mahoney

A.DA109

Level 9

28.08.2019 Rev C

Warren & Mahoney

A.DA110

Level 10

28.08.2019 Rev C

Warren & Mahoney

A.DA111

Level 11

28.08.2019 Rev C

Warren & Mahoney

A.DA112

Level 12

28.08.2019 Rev C

Warren & Mahoney

A.DA113

Level 13

28.08.2019 Rev C

Warren & Mahoney

A.DA114

Level 14

28.08.2019 Rev C

Warren & Mahoney

A.DA115

Level 15

28.08.2019 Rev C

Warren & Mahoney

A.DA116

Level 16

28.08.2019 Rev C

Warren & Mahoney

A.DA117

Level 17

28.08.2019 Rev C

Warren & Mahoney

A.DA118

Level 18

28.08.2019 Rev C

Warren & Mahoney

A.DA119

Level 19

28.08.2019 Rev C

Warren & Mahoney

A.DA120

Level 20

28.08.2019 Rev C

Warren & Mahoney

A.DA121

Level 21

28.08.2019 Rev C

Warren & Mahoney

A.DA122

Level 22

28.08.2019 Rev C

Warren & Mahoney

A.DA123

Level 23

28.08.2019 Rev C

Warren & Mahoney

A.DA124

Level 24

28.08.2019 Rev C

Warren & Mahoney

A.DA125

Level 25

28.08.2019 Rev C

Warren & Mahoney

A.DA126

Level 26

28.08.2019 Rev C

Warren & Mahoney

A.DA127

Level 27

28.08.2019 Rev C

Warren & Mahoney

A.DA128

Level 28

28.08.2019 Rev C

Warren & Mahoney

A.DA129

Level 29

28.08.2019 Rev C

Warren & Mahoney

A.DA130

Level 30

28.08.2019 Rev C

Warren & Mahoney

A.DA131

Level 31

28.08.2019 Rev C

Warren & Mahoney

A.DA132

Level 32

28.08.2019 Rev C

Warren & Mahoney

A.DA133

Level 33

28.08.2019 Rev C

Warren & Mahoney

A.DA134

Level 34

28.08.2019 Rev C

Warren & Mahoney

A.DA135

Level 35

28.08.2019 Rev C

Warren & Mahoney

A.DA136

Level 36

28.08.2019 Rev C

Warren & Mahoney

A.DA137

Level 37

28.08.2019 Rev C

Warren & Mahoney

A.DA138

Level 38

28.08.2019 Rev C

Warren & Mahoney

A.DA139

Level 39

28.08.2019 Rev C

Warren & Mahoney

A.DA140

Level 40

28.08.2019 Rev C

Warren & Mahoney

A.DA141

Level 41

28.08.2019 Rev C

Warren & Mahoney

A.DA142

Level 42

28.08.2019 Rev C

Warren & Mahoney

A.DA143

Level 43

28.08.2019 Rev C

Warren & Mahoney

A.DA144

Roof plan

28.08.2019 Rev C

Warren & Mahoney

A.DA202

Pre & post Adaptable Layout

18.10.2017 Rev A

Warren & Mahoney

A.DA203

Pre & post Adaptable Layout

18.10.2017 Rev A

Warren & Mahoney

A.DA204

Pre & post Adaptable Layout

18.10.2017 Rev A

Warren & Mahoney

A.DA205

Pre & post Adaptable Layout

18.10.2017 Rev A

Warren & Mahoney

A.DA206

Pre & post Adaptable Layout

18.10.2017 Rev A

Warren & Mahoney

A.DA207

Pre & post Adaptable Layout

14.06.2018 Rev B

Warren & Mahoney

A.DA208

Pre & post Adaptable Layout

28.08.2019 Rev B

Warren & Mahoney

A.DA301

North & East Elevation

28.08.2019 Rev C

Warren & Mahoney

A.DA302

South & West Elevation

28.08.2019 Rev C

Warren & Mahoney

A.DA303

North Roof & Podium Elevation

28.08.2019 Rev B

Warren & Mahoney

A.DA304

South Roof & Podium Elevation

28.08.2019 Rev B

Warren & Mahoney

A.DA305

East Roof & Podium Elevation

28.08.2019 Rev C

Warren & Mahoney

A.DA306

West Roof & Podium Elevation

28.08.2019 Rev C

Warren & Mahoney

A.DA401

External Finishes

28.08.2019 Rev B

 

Warren & Mahoney

A.DA402

Roof Feature

18.10.2017 Rev A

 

Warren & Mahoney

A.DA403

Roof Feature

18.10.2017 Rev A

 

Warren & Mahoney

A.DA404

Balustrade Design

01.11.2018 Rev B

Warren & Mahoney

A.DA405

Signage Zones

18.10.2017 Rev A

 

Warren & Mahoney

A.DA406

Signage Zones

18.10.2017 Rev A

 

Warren & Mahoney

A.DA407

Feature Stair

18.10.2017 Rev A

 

Warren & Mahoney

A.DA408

Sky Garden

01.11.2018 Rev B

Warren & Mahoney

A.DA501

Building Sections

28.08.2019 Rev B

 

Warren & Mahoney

A.DA502

Ramp Section

28.08.2019 Rev C

Warren & Mahoney

A.DA503

Podium Retail Sections

18.10.2017 Rev A

 

Warren & Mahoney

A.DA504

Commercial Level Section

18.10.2017 Rev A

 

Warren & Mahoney

105

Landscape Masterplan (as modified)

October 2017, Issue O

Arcadia Landscape Architecture

106

Detail Plan – plaza

October 2017, Issue O

Arcadia Landscape Architecture

107

Detail Plan – terrace

October 2017, Issue O

Arcadia Landscape Architecture

108

Landscape Sections – Sections A & B

October 2017, Issue O

Arcadia Landscape Architecture

109

Landscape Sections – Sections C & D

October 2017, Issue O

Arcadia Landscape Architecture

110

Landscape Sections – Sections E & F

October 2017, Issue O

Arcadia Landscape Architecture

111

Public Domain Furniture

October 2017, Issue O

Arcadia Landscape Architecture

112

Planting Palette

October 2017, Issue O

Arcadia Landscape Architecture

113

Materials Palette & Schedule

October 2017, Issue O

Arcadia Landscape Architecture

201

Landscape Masterplan – Ground

October 2017, Issue O

Arcadia Landscape Architecture

202

Landscape Plan – Nicholson Lane

October 2017, Issue O

Arcadia Landscape Architecture

203

Landscape Plan – Ground

October 2017, Issue O

Arcadia Landscape Architecture

204

Landscape Plan – Ground

October 2017, Issue O

Arcadia Landscape Architecture

205

Landscape Plan – Ground

October 2017, Issue O

Arcadia Landscape Architecture

206

Landscape Plan – Level 2

October 2017, Issue O

Arcadia Landscape Architecture

207

Landscape Plan – Level 3

October 2017, Issue O

Arcadia Landscape Architecture

208

Landscape Plan – Level 4

October 2017, Issue O

Arcadia Landscape Architecture

210

Landscape Details – Paving

October 2017, Issue O

Arcadia Landscape Architecture

211

Landscape Details – Walls & Steps

October 2017, Issue O

Arcadia Landscape Architecture

212

Landscape Details –Planting

October 2017, Issue O

Arcadia Landscape Architecture

213

Landscape Specification

October 2017, Issue O

Arcadia Landscape Architecture

 

ii.         The replacement of condition 13 as follows:

 

13.       THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $7,165,845.60 AT THE CURRENT RATE OF $10,332 PER PERSON and $130 PER SQUARE METER FOR RETAIL/COMMERCIAL BASED ON THE 2018/2019 FEES AND CHARGES.   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

 

 

 

 

 

 

Residential Contributions

Dwelling Type

Total Number of persons per dwelling type

Contribution payable @$10,332/person

2018/2019 fees and charges

44 x Studio

44 x 1.2 = 52.8

$545,529.60

95  x 1 bedroom

108 x 1.2 = 114

$1,177,848.00

210 x 2 bedroom

210 x 1.9 = 399

$4,122,468.00

63 x 3 bedroom

A cap of $20,000 per dwelling has been imposed under the Reforms of Local Development Contribution

$1,260,000

2 x 4 bedroom

A cap of $20,000 per dwelling has been imposed under the Reforms of Local Development Contribution

2 x $20,000 = $40,000.00

$40,000

1 x 5 bedroom

A cap of $20,000 per dwelling has been imposed under the Reforms of Local Development Contribution

1 x $20,000 = $20,000.00

$20,000

Total 415 units

 

$7,165,845.60

 

Commercial/retail contributions

 

Proposed Use

Area

Contribution payable @ $130 per m2 2018/2019 fees and charges

Retail/ Commercial

6,435m2

$836,550.00

 

Credit for existing commercial buildings

 

Use

Area

Contribution payable @ $130 per m2 2018/2019 fees and charges

Commercial Buildings

14,129m2

$1,836,770.00

 

Total Section 94 Contributions Payable

 

Contribution Type

Amount

2018/2019 fees and charges

Residential:

$7,165,845.60

Commercial/Retail:

$836,550.00

Total

$8,002,395.60

Credit for existing commercial buildings:

 

$836,550.00 (minus)

Total Contribution:

$7,165,845.60

 

The total Section 94 contribution for the proposal is $7,165,845.60

 

iii.         The deletion of condition 24.

 

iv.        The replacement of condition 139 as follows:

 

139.     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 138 ‘(C1DETERMIN) Erosion and sediment control‘. The devices shall be maintained during the construction period and replaced when necessary.

 

Panel Reasons

 

·        The Panel is satisfied that the proposed modification:

1.     is substantially the same development as the development for which consent was originally granted and before that consent was modified;

2.     was not required to be notified; and

3.     has been assessed having regard to the relevant matters in s4.15(1) EP&A Act.

The Panel has taken into account the reasons of the consent authority that granted the consent that is sought to be modified.

·        The Panel has considered the supplementary report provided prior to the meeting and notes that A+ Design Group does not consent to all of the proposed changes.  This is detailed in the Panel’s determination.

 

 

The decision of the Panel was unanimous.

 

Note:   The Panel understands that Council is in the process of preparing a policy which will require applicants to demonstrate measures to achieve energy efficiency.  Although this policy is not finalised at this time, the applicant should be requested to consider including renewable energy sources (including solar panels) and measures to achieve sustainable water use.

 

594-598 Mowbray Road and 5-7 Mindarie Street, Lane Cove North

 

DETERMINATION

 

That pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 3 December 2019 exercising the functions of the Council as the consent authority granted consent to the Section 4.55 Modification Application to Development Application No. 216/2016 on land known as 594-598 Mowbray Road and 5-7 Mindarie Street, Lane Cove West subject to the following:

 

The replacement of Conditions 1,15,44-47, 66, 86, 88 and 94 as follows:

 

1.         That the development be in accordance with:

 

Drawing No.

Plot Date

Basement Plan, Drawing No. DA01, prepared by Wolski Coppin Architecture

25/11/2016

Ground Floor Plan, Drawing No. DA02, prepared by Wolski Coppin Architecture

25/11/2016

Upper Ground Floor Plan Drawing No. DA03, prepared by Wolski Coppin Architecture

25/11/2016

Level 1 Plan, Drawing No. DA04, prepared by Wolski Coppin Architecture

25/11/2016

Level 2 Plan, Drawing No. DA05, prepared by Wolski Coppin Architecture

25/11/2016

Level 3 Plan, Drawing No. DA06, Revision A, prepared by Wolski Coppin Architecture

13/02/2017

Level 4 Plan, Drawing No. DA07, prepared by Wolski Coppin Architecture

25/11/2016

Roof Plan, Drawing No. DA08, prepared by Wolski Coppin Architecture

25/11/2016

Section AA, Drawing No. DA09, prepared by Wolski Coppin Architecture

25/11/2016

Section BB & North Elevation, Drawing No. DA10, prepared by Wolski Coppin Architecture

25/11/2016

East & Fence Elevations, Drawing No. DA11, prepared by Wolski Coppin Architecture

25/11/2016

West & South Elevations, Drawing No. DA12, prepared by Wolski Coppin Architecture

25/11/2016

Finishes 01 & 02, Drawing No. F01 & F02, prepared by Wolski Coppin Architecture

25/11/2016

Landscape Plan, Drawing No. 139.16/424 & 139.16/425, prepared by iScape Landscape Architecture

Nov 2016

Schedule of Proposed Unit Addresses, Project Survey Reference 4820, prepared by Usher & Company Surveying & Land Development Consultants (Plan Reference – Wolski Coppin Architecture, Project 21611, DA Issue 15/11/2016)

Prepared 18/11/2016

 

            As amended by the following drawing numbers: DA 2.01-08, 3.01-02 & 4.01-03 Revision B dated 16.07.2019 prepared by Amglen P/L and 139.19(16)/234-235 and 139.19(16)/234’A’/333-338 1-8/8 dated Revision A dated 25.10.19 & October 2019 prepared by iScape Landscape Architecture

 

            except as amended by the following conditions.

 

15.       THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN. THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT. THE AMOUNT IS $1,062,637.60 AT THE CURRENT RATE OF $10,642.00 PER PERSON (2019-2020).   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

            Note:

 

            The Section 94 Contribution is calculated in the following manner:

 

Medium density developments (including attached dual occupancy and duplexes):

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total

contribution

1 Bedroom

1.2 persons

$10,642.00 x 1.2 =

$12,770.40.00 per dwelling

19 x $12,770.40

$242,637.60

2 Bedrooms

1.9 persons

$10,642.00 x 1.9 =

$20,219.80 per dwelling

*Capped Rate $20,000.00 per dwelling

33 x $20,000.00

$660,000.00

3 Bedrooms

2.4 persons

$10,642.00 x 2.4 = $25,540.80 per dwelling

*Capped Rate $20,000.00 per dwelling

13 x $20,000.00

$260,000.00

 

 

 

TOTAL

$1,162,637.60

*N/B The reforms to Local Development Contributions have a cap of $20,000 per residential lot or per dwelling limitation on local development contributions.

 

            The development site has 5 existing dwellings. For sites with an existing dwelling house (or houses) a credit is applicable which is capped at $20,000.00 per dwelling. The Section 7.11 Contribution credit for the existing dwellings is therefore $100,000.00. The required S7.11 contribution is calculated at: $1,162,637.60 – $100,000.00 = $1,062,637.60.

 

Bushfire Conditions

 

44.       An emergency/evacuation plan is to be prepared to comply with section 4.27 of ‘Planning for Bush Fire Protection 2006’.

 

45.       From the start of building works, the entire property must be managed as an inner            protection area (IPA). The IPA must comprise:

·    Minimal fine fuel at ground level.

·    Grass mowed or grazed.

·    Trees and shrubs retained as clumps or islands and do not take up more than 20% of the area.

·    Tress and shrubs located far enough from buildings so that they would not ignite the building.

·    Garden beds with flammable shrubs not located under trees or within 10m of any windows or doors.

·    Minimal plant spaces that keep dead material or drop large quantities of ground fuel.

·    Tree canopy cover not more than 15%.

·    Tree canopies not located within 2m of the building.

·    Trees separated by 2-5m and do not provide a continuous canopy from the hazard to the building.

·    Lower limbs of trees removed up to a height of 2m above the ground.

 

46.       New construction must comply with Sections 3 and 5 (BAL 12.5) AS 3959-2009 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.

 

47.       Water, electricity and gas must comply with the following:

·    All aboveground water pipes external to the building must be metal including and up to any taps/outlets/fittings.

·    Electrical transmission lines are to be located underground where possible. Overhead electricity lines must have short pole spacing (i.e. 30m) except where crossing gullies, gorges or riparian areas. No tree may be closer to an electricity line than the distance set out in ISSC3 Guideline for Managing Vegetation Near Power Lines.

·    Gas must be installed and maintained as set out in the relevant standard and all pipes external to the building must be metal including and up to any taps/outlets/fittings. Polymer-sheathed flexible gas supply lines must not be used.

 

47A.     Landscaping is the site is to be comply with the following principles of Appendix 5 of ‘Planning for Bush Fire Protection 2006’.

·    Suitable impervious areas are provided immediately surrounding the building such as courtyards, paths and driveways.

·    Grassed areas, mowed lawns or ground cover plantings are provided in close proximity to the building.

·    Planting is limited in the immediate vicinity of the building.

·    Planting does not provide a continuous canopy to the building (i.e. trees or shrubs is to be isolated or located in small clusters).

·    Landscape species are chosen in consideration needs of the estimated size of the plant at maturity.

·    Species are avoided that have rough fibrous bark, or which keep/shed bark in long strips or retain dead material in their canopies.

·    Smooth bark species of tree are chosen which do not carry a fire up the bark into the crown.

·    Planting of deciduous species is avoided which may increase fuel at surface/ground level (i.e. leaf litter).

·    Climbing species are avoided to wall and pergolas.

·    Combustible materials such as woodchips/mulch and flammable fuel are stored away from the building.

·    Combustible structures such as garden sheds, pergolas and materials such as timber garden furniture is located away from the building.

·    Low flammability vegetation species are used.    

 

66.       Drainage Plans Amendments: The stormwater drainage plan No: GO160760 C3 Issue C prepared by Acor Consultants Pty Ltd dated on 31/07/19 is to be amended to reflect the following conditions. This plan should show full details of new pipe network includes following;

  1.     A gross pollutant trap needs to be designed and added to the amended plans within the property boundary prior to the connection to the street system.

  2.     The proposed stormwater discharge to Kerb & Gutter is prohibited. The proposed stormwater discharge from the proposed development needs to drain directly into the nearest Council’s stormwater infrastructure at Mindarie Street via pits and pipes. All new pipes within Council’s land will require a minimum of 375mm diameter RCP. Pits or cleaning eyes shall be provided at bends, changes in grades and every 30m along the pipeline.

  3.     All the proposed stormwater pipes shall have a minimum 1.0% grade.

  4.     Overflow from the OSD shall not re-enter the site via proposed driveway.

 

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

Traffic

 

            Parking and Servicing

 

86.       The proposed Car Park design shall comply with AS 2890.1-2004. This includes all parking spaces, ramps, aisles, disabled parking and loading areas. All other aspects of the Car Parking areas are required to comply with AS 2890.2-2002 for Loading Facilities and Services Vehicles.

 

88.       The waste collection area is to be clearly signposted and line marked and provided in accordance with AS2890.2.

 

            Construction Traffic Management Plan

 

94.       A Construction Traffic Management Plan must be lodged with Council prior to the issuing of a Construction Certificate. As per DCP Part R, the Construction Management Plan should address (but not necessarily be limited too) issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles, and any conflict with other road users in the street including public transport.

The deletion of Conditions Nos. 65, 125, 126 and 129-138 and the addition of the following conditions:

43A.     The approved rooftop terrace communal area is to be maintained and be clean and accessible to all times. The rooftop terrace communal area is to contain a disabled toilet,             BBQ, wet area, power, low lighting bollards and lockable storage.

43B.    Double glazing on windows facing Mowbray Road to be installed.

 

65        Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with

a minimum capacity of 10,000 Litre as required by BASIX.  Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows:

 

·    Rainwater draining to the reuse tanks are 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.

·    Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

 

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

 

Traffic

            Parking and Servicing

89A.     All vehicles must front in/ front out to/ from the development.

89B.     Install wheel stops on all car parking spaces to prevent any collision with structures or objects.

89C.    Tandem parking spaces should be allocated to the same unit.

89D.    Small car parking space should be sign posted or line marked.

Waste Servicing

89E.     On site garbage collection must be provided for with sufficient headroom in accordance with AS2890.2: 2002 and to allow the vehicle to enter and exit in a forward direction. The waste     collection and holding area is to be clearly signposted and line marked.

Pedestrians/Cycling

90A.     Extend the footpath along Mindarie Street. Consultation must be undertaken with Council engineer and tree officer prior to construction. If tree obstructs the construction of the footpath, a pram ramp must be provided on either side of the road connecting to the existing footpath on the other side. Construction of the footpath and pram ramps should be in accordance with Council’s specifications.

Construction Traffic Management Plan

94A.     Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be         required as part of preparation of the Construction Traffic Management Plan.

125.     Garbage Chutes

·    Garbage chute systems and interim recyclable storage facilities must be provided to the development

Garbage chutes must be constructed in accordance with the requirements of the Building Code of Australia (BCA)

Garbage chutes must be located and insulated in a manner that reduces noise impacts.

Chutes, service openings and charging devices must be constructed of material (such as metal) that is smooth, durable, impervious, non-corrosive and fire resistant.

Chutes, service openings and charging devices must be capable of being easily cleaned.

Chutes must be cylindrical and have a diameter of at least 500mm

Chutes must not have any bends or sections of reduced diameter in the main shaft of the chute.

Internal overlaps in the chute must follow the direction of waste flow

A cut off device must be located at or near the base of the chute so that the bottom of the chute can be closed when the bin or compacting device at the bottom of the chute is withdrawn or being replaced.

The upper end of the chute must extend above the roofline of the building

The upper end of the chute must be weather protected in a manner that doesn’t impede the upward movement of air out of the chute.

 

126.     Garbage Chute Service Rooms

·    The service opening (for depositing rubbish into the main chute) on each floor of the building must have a dedicated service room.

The charging device for each service opening must be self-closing and must not project into the main chute

Branches connecting service openings to the main chute must be no longer than 1m

Each service room must include provision for 2 x 240L recycling bins for the storage of recyclable materials. Signage regarding the materials that can be recycled must be displayed near these recycling bins

Each service room must be located for convenient access by users and must be well ventilated and well lit

The floors, walls and ceilings of service rooms must be finished with smooth durable materials that are capable of being easily cleaned

Service rooms must include signage that clearly describes the types of materials that can be deposited onto the garbage chute and the types of materials which must be deposited into recycling bins.

 

126A.   Waste and Recycling Storage Room

·    The waste and recycling storage room must be provided and be of sufficient size to accommodate a total of 22 x 240L general waste bins, 7 x 240L container recycling bins, 7 x 240L paper recycling bins, and 3 x 240L garden waste bins; with adequate space for manoeuvring garbage and recycling bins.

Minimum clearance between bins of 300mm

Minimum door openings of 1700mm

Minimum distance of 1700mm between rows of bins (where bins are located on either side of the room)

·    The floor of waste and recycling storage rooms (including bulky waste storage room) must be constructed of either:

Concrete which is at least 75mm thick; or

Other equivalent material; and

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.

 

126B.   Bulky Waste storage 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.

 

126C.  Access to Waste Collection Point

·    All waste must be collected on-site via on-site access by Council’s waste collection vehicles.

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.

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.

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

 

126D. 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.

 

126E.   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.

 

126F.   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.

 

126G.  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.

 

General Landscape Conditions:

130.     On Structure Landscaping: The Applicant must ensure that ‘On’ structure landscaping has adequate soil depth, volume and suitable profile to support the number of trees and    shrubs indicated on the approved DA plan. On-structure landscape details to be submitted for Councils approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

131.     Screen planting: is required to all boundaries shared with neighbouring properties to provide adequate privacy from overlooking and potential sight lines.

 

132.     Garden bed ground coverage: The Applicant must ensure enough groundcovers and low shrubs, planted at appropriate distances and depths to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works

 

133.     Workmanship: 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 specifications.  Trees must be compliant with Australian Standard 2303.2018 Tree stock for Landscape use.

 

134.     Practical Completion Report: A landscape practical completion report must be prepared by the consultant landscape architect and submitted to Council’s Manager Open Space     directly by email within five (5) working days of the date of issue.  This report must certify that all landscape works have been completed in accordance with the landscape working drawings. A copy of the report must be submitted to Council PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

 

Conditions to be satisfied prior to Construction Certificate issue:

135.     Tree planting along Mowbray Road and Mindarie Street (east – west section): A revised landscape plan showing 5 x endemic trees proposed for the front setback areas of the development along Mowbray Road and 2 x endemic trees capable of reaching a mature height of 13 metres is to be prepared and submitted to Council’s landscape architect for approval. All trees are to be selected from Council’s DCP Part J Landscaping Appendix 1.

 

136.     Screen planting: is required along the western and southern boundaries of the proposed development to provide privacy between residential developments.  These plants must be healthy, good quality nursery stock, grown to at least 45 L pot size, being free of girdling roots and other defects and have a height above finished ground level of 2 metres at the time of planting and mature height of at least 4 m tall.  Plants must be spaced at such intervals when planted to ensure a continuous screen at the end of the 12-month maintenance and establishment period. 

 

137.     Planting over OSD tank: A minimum soil depth of 300mm for turf and 500mm for small shrubs is to be provided over the proposed onsite detention tank to ensure the healthy establishment of plant life.  Risers to the inspection outlets shall be used where applicable to retain the opening above the level of the mulch layer preserving access as required.

 

Conditions to be satisfied prior to Occcupation Certificate issue:

138.     Tree planting along Mowbray Road and Mindarie Street:

            5x endemic trees  along Mowbray Road and 2 x endemic trees along the northern side of            the east-west portion of Mindarie Street shall be planted inside the subject property boundary that must:

·    be capable of reaching a mature height of 13 metres

·    be 4 metres above finished ground at the time of installation

·    be retained in healthy condition for the life of the development

Failed or failing trees must:

·    be replaced at the next growing season with the same species tree which also must be 4 metres above finished ground level at the time of installation

·    be replaced by the Body Corporate at any time following the 12-month maintenance period which also must be 4 metres above finished ground level at the time of installation

Compliance Certificate:

·    a compliance certificate shall be submitted by the project Landscape Architect ensuring that the 5 x trees have been installed correctly as per the abovementioned conditions.  A copy of the certificate shall be emailed directly to Council’s Manager of Open Space for our records.

            Reason: To satisfy Council’s DCP Part J Landscaping Objective 1.4.2 The proposed landscape treatment should assist in ensuring that the development is not visually intrusive by providing visual softening of buildings, driveways and carparking areas

 

138A.   Screen Planting along Western Boundary:

            Screen planting along the western and southern boundaries shall be installed with a height 2 metres above finished ground level of at the time of planting and mature height of at least 4 m tall.  Plants must be spaced 1.5 m apart at planting.  Residents are strongly encouraged to use local native plant species in their gardens.  A species list of local native plants suitable for gardens is available from Council.

 

138B.   Reticulated Water Supply

            Reticulated water supply is to be provided to all landscaping on the ground level and on the rooftop terrace level.

 

138C.  Maintenance of Landscaping

            All approved landscaping on the ground level and on the rooftop terrace level is to be maintained for the life of the development and failure to do so would be a breach of consent.

 

Panel Reasons

 

·        The Panel is satisfied that the proposed modification:

1.     is substantially the same development as the development for which consent was originally granted and before that consent was modified;

2.     has been notified; and

3.     has been assessed having regard to the relevant matters in s4.15(1) EP&A Act.

The Panel has taken into account the reasons of the consent authority that granted the consent that is sought to be modified.

·        The Panel has considered the supplementary report provided prior to the meeting.

·        The panel has considered the applicant’s written request to justify the contravention of the Height and FSR development standards (although technically not required for a modification) and is satisfied that it demonstrates that compliance with the development standards is unreasonable and unnecessary in the circumstances of this case and that there are sufficient environmental planning grounds to justify contravening the development standards.

·        The Panel is also satisfied that the proposed development will be in the public interest because it is consistent with the objectives of the relevant development standards and the objectives of the relevant zone.

·        The Panel considers that the numerical non-compliances with the Lane Cove Development Control Plan are justified as the proposed modifications will provide better amenity for future occupants compared to the development as originally approved.

 

The decision of the Panel was unanimous

 

Note:  The Panel understands that Council is in the process of preparing a policy which will require applicants to demonstrate measures to achieve energy efficiency.  Although this policy is not finalised at this time, the applicant should be requested to consider including renewable energy sources (including solar panels) and measures to achieve sustainable water use.

 

The meeting closed at 5.30pm.

 

 

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