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Minutes

Lane Cove Local Planning Panel Meeting

10 December 2019, 5pm

 

 

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Lane Cove Local Planning Panel 10 December 2019

Minutes

 

 

 

PRESENT:                                          Hon David Lloyd, Chairman, Mr Kevin Hoffman, Planning Expert, Mr David Johnson, Environmental Expert, Ms Mary Rawlings, Community Representative

 

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

 

DECLARATIONS OF INTEREST:    Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Lane Cove Local Planning Panel Reports

 

640-646 Mowbray Road, Lane Cove North

 

This application was withdrawn by Council.

 

 

 

40A Upper Cliff Road Northwood

 

DETERMINATION

 

That  the Lane Cove Local Planning Panel at its meeting on 10 December 2019, exercising the functions of the Council as Consent Authority pursuant to Clause 4.6 of the Environmental Planning & Assessment Act 1979 approve a variation to the FSR prescribed by Clause 4.4  of the Lane Cove Local Environmental Plan 2009, and approve a variation to the building height prescribed under clause 4.3 of the Lane Cove Local Environmental Plan 2009 as it is satisfied that the applicant’s requests have adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, and the proposed development would be in the public interest because it is consistent with the objectives of that particular standard and the objectives for development within the zone.

 

That pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting on 10 December 2019, exercising the functions of Council as the consent authority, granted consent to Development Application DA19/88 for development on 40A Upper Cliff Road Northwood, subject to the following conditions, together with additional conditions as follows:

 

A.         The solar panels on the garage roof shall be laid flat and close to the roof sheeting unless otherwise agreed between the applicant adjoining No 40.

 

Reason:  Amenity of adjoining property

 

B.         The lift pump cannot be located where shown on plans due to solid rocks immediately beneath the stair flight.  The lift pump to be located within the house where no rock excavation is necessary.

 

C.        The base of the new lift on the ground floor protrudes towards the side boundary to the extent that existing loose rock retaining wall will need to be excavated and a suitable boundary retaining structure shall be constructed to engineering design and included in any Construction Certificate.

 

D.        Standard Council BASIX condition be added.

 

E.         The drainage pipes that go through the subject property from No.40 Upper Cliff Road to it’s boundary trap, manhole and sewer main, must be identified, surveyed and shown on the Construction Certificate.  Any works on the subject site are to be clear of these pipes to enable future maintenance.

 

General Conditions

 

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

·    Development Application DA19/36

·    For alterations and additions to an existing 4-storey building including lift and rear deck.

·    On 40A Upper Cliff Road Northwood

 

subject to the following conditions:

 

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

 

 

Drawing Number:

Prepared by:

Dated:

DA.1

Issue C

Site analysis and location / site plan

gv architecture

09/09/2019

DA.2.1

Issue C

Ground Floor plan

gv architecture

09/09/2019

DA.2.2

Issue B

First Floor Plan

gv architecture

09/09/2019

DA.2.3

Issue B

Second Floor Plan

gv architecture

09/09/2019

DA.2.4

Issue B

Third Floor Plan

gv architecture

09/09/2019

DA.2.5

Issue B

Roof Plan

gv architecture

09/09/2019

DA.2.7

Issue A

Sediment and Erosion Control

gv architecture

05/07/2019

DA.2.8

Issue A

Stormwater Plan

gv architecture

05/07/2019

DA.3.1

Issue A

Section

gv architecture

05/07/2019

DA.3.2

Issue A

Section

gv architecture

05/07/2019

DA.3.3

Issue A

Section

gv architecture

05/07/2019

DA.4.1

Issue A

North Elevations

gv architecture

05/07/2019

DA.4.2

Issue A

East Elevation

gv architecture

05/07/2019

DA.4.3

Issue B

South Elevation

gv architecture

09/09/2019

DA.4.4

Issue B

West Elevation

gv architecture

09/09/2019

 

2.         The submitted landscaping plans are not approved. A REVISED LANDSCAPING PLAN must be submitted for approval by Council prior to the approval of a Construction Certificate.

           

            REQUIREMENTS OF LANDSCAPING PLAN

 

            Any works or landscaping in the rear yard should comply with the following provisions as per objectives of section 5.2.1 Buffer Area – in residential areas.

A maximum 25% of the buffer area can be hard surfaces – (this would include, the composite decking, retaining walls and steps).

 

            All landscaping works are required to be:

·    setback a minimum of 2.5m from tree trunks;

·    setback a minimum of 2.5m from any property boundary (with the exception of the canter-levered composite deck which would be wholly attached to the building);

·    setback a minimum of 2.5m from the easement (with the exception of the canter levered composite deck which would be wholly attached to the building which may come closer to the easement boundary);

·    Any proposed path should be constructed with crushed sandstone. Penetration into the ground should be minimised as much as possible.

·    The post hole footings should not be in conflict with any tree roots.

·    Any ground penetrations for landscaping would be hand-dug and incorporate root mapping

3.         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.

 

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

 

            Reason: Statutory requirement.

 

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

 

            Reason: Statutory requirement.

 

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

 

            Reason: To ensure public safety.

 

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

 

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

 

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

 

            Reason: To ensure public safety.

 

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

 

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

 

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

 

            Reason: To ensure compliance with the Australian Standards.

 

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

 

            Reason: To protect the surrounding environment.

 

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

 

            Reason: To ensure all works are carried out lawfully.

 

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

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

            Reason:  Safety and amenity.

 

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

 

Reason:  Safety and amenity.

 

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

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

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

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

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

 

Reason:  To ensure public safety and public information.

 

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

 

a          The completion of works.

 

Note:   All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

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

 

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

 

b)         retaining walls;

c)         footings;

 

Reason:  Statutory requirement.

 

 

 

General Engineering Conditions

 

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

 

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

 

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

 

Reason: To ensure public safety and amenity

 

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

 

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

 

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

 

Reason: To ensure public safety

 

23.    (A5) 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

 

24.    (A6) 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

 

25.    (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. Developer 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

 

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

 

Reason: To protect and maintain infrastructure assets

 

27.    (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system of 5,000 Litres as per bushfire assessment report recommendation. 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

 

Engineering conditions to be complied with prior to Construction Certificate

 

28.    (B1) 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 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

 

29.    (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan No: DA.2.8 issue a prepared by gv architecture dated 05-07-19.

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.

 

Reason: To maintain the stormwater management of the property

 

Engineering condition to be complied with prior to commencement of construction

 

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

 

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

 

Engineering condition to be complied with prior to Occupation Certificate

 

31.    (D6) Certification of Retaining Structures: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures have been carried out in accordance with the relevant Australian Standards and Codes of Practise.

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

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

 

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

 

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

 

Rural Fire Services Condition

 

33.       Asset Protection Zones

            The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

 

(i)               At the commencement of building works, 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'.

 

34.       Water and Utilities

 

            The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and

            electricity so as not to contribute to the risk of fire to a building. To achieve this, the

            following conditions shall apply:

 

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

 

             (ii)       In recognition that the nearest hydrant is more than a 70m unobstructed path to the dwelling, a 5,000 litre water supply shall be provided on the site in accordance with 'Planning for Bush Fire Protection 2006' and the following:

·    Aboveground tanks shall be constructed of non-combustible material.

·    A 65mm metal storz fitting and ball or gate valve shall be installed in any tank.

·    The gate or ball valve, pipes and tank penetration shall be adequate for full 50mm inner diameter water flow through the Storz fitting and shall be metal rather than plastic.

·    A standard Static Water Supply (SWS) marker shall be obtained from the District NSW Rural Fire Service as part of the Static Water Supply Program once the tank water supply has been installed. The marker once issued is to be:

      (a)        fixed in a suitable location so as to be highly visible;

                                (b)       positioned adjacent to most appropriate access for the static     water supply;

      (c)        fixed facing the roadway on a gatepost, fence or dedicated post, at the right hand side of the entranceway to the Static Water Supply;

      (d)        fixed no less than 600mm from the ground surface to the base of the sign and not higher than 1200mm from the ground surface to the base of the sign; and, (e) fixed with suitable screws or nails.

35.       Access

 

            The intent of measures for property access is to provide safe access to/from the

            public road system for fire fighters providing property protection during a bush fire

            and for occupants faced with evacuation. To achieve this, the following conditions

            shall apply:

 

            (i)         Unobstructed pedestrian access shall be provided to the rear of the property

                        to aid in firefighting activities.

 

36.       Design and Construction

 

            The intent of measures is that buildings are designed and constructed to withstand

            the potential impacts of bush fire attack. To achieve this, the following conditions

            shall apply:

 

            (i)         New construction on the roof, and the northern, eastern, and southern

                        elevations shall comply with Sections 3 and 9 (BAL FZ) of 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. Except for windows, flaming of the            specimen is not permitted and there shall be no exposed timber.

            (ii)        New construction on the western elevation shall comply with Sections 3 and 8 (BAL 40) 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'.

 

            (iii)       The existing buildings are required to be upgraded to improve ember

                        protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

 

37.       Landscaping

 

            (i)         Future landscaping to the site is required to comply with the principles of

                        Appendix 5 of ‘Planning for Bush Fire Protection 2006’.

 

38.       General Advice – consent authority to note

 

            The NSW Rural Fire Service recognises that the site is constrained and that the proposed development falls within the Flame Zone. Flame Zone development is high risk development; consequently, in situations such as this, the Service seeks to improve the overall fire safety of the existing development. This requires greater emphasis on   construction standards, landscaping, siting, and vegetation management practices to ensure improved levels of protection are afforded to the development, its occupants and fire   fighters. The Service has undertaken a merit-based assessment of the proposal and provides the above advice in accordance with 'Planning for Bush Fire Protection 2006'.

 

            The construction plans submitted with the application as provided by GV Architecture             (Project No. 1501, Issue A, dated 5 July 2019) show that ‘Timber Composite Decking’ is used around the dwelling. This decking is highly unlikely to comply with Flame Zone construction requirements and is recommended to be substituted for non-combustible decking materials.

 

Tree Conditions

 

39.    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.

 

40.    This condition of consent gives approval for one Phoenix Palm at the rear of the existing dwelling to be removed. Tree may only be removed upon issue of the Construction Certificate only.

 

41.    Trees removed as part of the development process must be replaced at a ratio of 1:1 in accordance with Part J Landscaping. Prior to the issue of the Occupation Certificate.

 

42.    All decking piers within the Tree Protection Zones of retained trees are to be manually excavated; all roots greater than 40 millimetres are to be retained. In the event roots are located in the proposed location, the pier shall be relocated to retain the root. Roots less than 40 millimetres in diameter may be pruned by an AQF Level 5 Arborist only who is to document pruned roots and provide written certification identifying compliance to this condition. The certificate must be submitted to the Principal Certifier and approved prior to the issue of the Occupation Certificate.

 

Bushland and Landscaping Conditions

 

43.    All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

 

44.    The Asset protection zone (APZ) must be contained entirely within the development site boundary. The APZ is not to extend onto public open space.

 

45.    Native plants are to be installed and used as screening to provide a buffer to absorb light and noise pollution from entering the bushland. Council’s Backyard Habitat Officer is to be consulted for appropriate planting suggestions for screening. Please contact Vickie Lee on 9911 3654 or email BackyardHabitat@lanecove. nsw.gov.au.

 

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

 

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

 

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

 

49.    A certificate must be submitted by a qualified practising landscape architect, Landscape / environmental designer or horticulturist, certifying that the landscaping works are completed in accordance with the details shown on the approved landscape working drawings  (as per condition (2) in this consent) 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.

 

50.    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.

 

51.    At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant material has been successfully established, that all of the outstanding maintenance works or defects have been rectified prior to preparation of the report and that a copy of the 12 month landscape maintenance strategy has been provided to the Owner/ Occupier.  A copy of the report must be submitted to Council PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

 

 

 

Panel Reasons for the Decision

 

1.             The development is permissible in the R2 Low Density Residential Zone.

 

2.               The development would be compatible with the character of the area.

 

3.               The additional floor area is minor and would not result in any adverse amenity impact on neighbouring properties.

 

4.               The height of the proposed lift shaft will not change the existing building height being 1.06m below the existing uppermost roof level and will result in only marginal overshadowing of the open space on the adjoining property.

 

5.               The southern and western faces of the lift shaft will be finished with opaque material and will not adversely impact on the  privacy of the adjoining property.

 

6.               The overall impacts of the proposed development subject to the additional conditions A-E above, upon the adjoining properties are both minor and reasonable.

 

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

 

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

 

The decision of the Panel was unanimous.

 

 

1 Ulonga Avenue, Greenwich

 

DETERMINATION

 

That the Lane Cove Local Planning Panel at its meeting of 10 December 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 SEPP (Seniors for Housing or People with a Disability) 2004, 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 10 December 2019, exercising the functions of Council as the consent authority, granted consent to Development Application DA112/19 for the demolition of existing structures and construction of seniors housing on Lot 1 DP 23527 and Lot 201 DP 1120727, known as 1 and 6 Ulonga Avenue, Greenwich, subject to the following conditions:

 

PLANNING CONDITIONS

 

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

 

Dwg No

Title

Author

Rev.

Date

SD1007

Site Plan

Cottee Parker Architects

A

21/08/2019

SD1201

Demolition Plan

Cottee Parker Architects

A

21/08/2019

SD2001

Floor Plan – Ground Floor

Cottee Parker Architects

A

21/08/2019

SD2002

Floor Plan – Level 01

Cottee Parker Architects

A

21/08/2019

SD2003

Floor Plan – Level 02

Cottee Parker Architects

A

21/08/2019

SD2004

Floor Plan – Level 03

Cottee Parker Architects

A

21/08/2019

SD3001

Section

Cottee Parker Architects

A

21/08/2019

SD3002

Section

Cottee Parker Architects

A

21/08/2019

SD3101

East/Street Elevation

Cottee Parker Architects

A

21/08/2019

SD3102

East Elevation

Cottee Parker Architects

A

21/08/2019

SD3103

North Elevation

Cottee Parker Architects

A

21/08/2019

SD3104

South Elevation

Cottee Parker Architects

A

21/08/2019

SD3105

West Elevation

Cottee Parker Architects

A

21/08/2019

SD3811

Parking Layout

Cottee Parker Architects

A

21/08/2019

L.SK.01

Landscape Sketch Plan

Scape Design

G

28/08/2019

L.SK.02

Landscape Planting Plan

Scape Design

E

28/08/2019

 

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

·        The northern facing windows to Apartment 3 and 4 are to be obscure glazed and their balconies are to be provided with a minimum 1.8m high privacy screen along the entire northern edge (including reducing the spacing between timber slats on the pergola in order to function as a privacy screen).

2.         Consolidation of Allotments. Prior to the issue of an Occupation Certificate Lot 1 DP 23527 and Lot 201 DP 1120727 are to be consolidated and evidence provided to the Principal Certifying Authority with a copy provided to Council.

 

3.         BASIX Certificate. Compliance with the BASIX Certificate submitted with the Development Application (Ref. 997614M_02).

 

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

 

5.         Compliance with National Construction Code. All building works are required to be carried out in accordance with the provisions of the National Construction Code.

 

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

 

7.         Section 7.11 Contributions. THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL DWELLINGS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF THE FIRST CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $60,000.00 AT THE 2019/2020 RATE OF PAYMENT. 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.

The Section 7.11 Contribution is calculated in the following manner:

 

Contribution for New Dwellings

 

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 of bedrooms

Average occupancy

Amount of contribution per dwelling

No. of Dwellings

Total

contribution

3 Bedrooms

2.4 persons

10,642.00 x 2.4 = $25,540.80

Capped Rate $20,000.00 per dwelling

4 x $20,000.00

$80,000.00

 

 

 

TOTAL

$80,000.00

 

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

1 x $20,000.00

$20,000.00

 

 

 

TOTAL

$20,000.00

 

The Section 7.11 contribution payable is $80,000.00 - 20,000.00 = $60,000.00 in accordance with 2019/2020 fees and charges.

 

8.         Crime Prevention Through Environmental Design. Compliance with the following Crime Prevention Through Environmental Design measures:

 

·        An electronic surveillance system is to be provided including surveillance of key areas including entry/exits, service areas, corridors and areas where cash is kept or handled. The system should be capable of recording high-quality images of events;

·        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 staff member at all times, and provide any recordings made by the system to a police officer or police inspector within 24 hours of any request by the police officer or police inspector;

·        Any emergency control and evacuation plan should be implemented within the business. Management and staff should be trained in the execution of the plan in emergency situations;

·        Appropriate signage should be erected as follows:

o   Inside and around the perimeter of the entire property to warn of security treatments in place e.g. ‘This site is under 24 hour video surveillance’;

o   In the car park warning vehicle owners against leaving valuables in vehicles;

o   In any storage areas located in the communal car park warning residents against leaving valuables in storage areas;

o   On the internal driveway warning drivers that elderly residents may be crossing the driveway.

·        An after hours contact for the facility is to be provided to North Shore Police.

 

9.         Certification of Accessibility and Useability. The development shall comply with the relevant requirements of Schedule 3 of SEPP (Housing for Seniors or People with a Disability) 2004 with certification to be provided by a suitably qualified access consultant prior to the issue of a Construction Certificate.

 

10.       Restriction on Persons Accommodated. A restriction as to user is to be registered against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, limiting the use of any accommodation to which the application relates to the kinds of people referred to in Clause 18(1) of SEPP (Housing for Seniors or People with a Disability) 2004 prior to the issue of any Occupation Certificate.

 

11.       Fire Sprinkler System. A fire sprinkler system shall be installed.

 

12.       Sydney Water Tap In. 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.

 

13.       Working Hours. 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.

 

14.       Section 73 Certificate. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance. Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

15.       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.

 

16.       Check Survey. A check survey certificate is to be submitted to the Principal Certifying Authority, with a copy provided to Council, at the completion of:-

b          All basement and floor levels; and

b          The completion of works.      

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

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

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

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

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

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

 

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

 

19.       Demolition. Compliance with Australian Standard 2601 - The Demolition of Structures. The removal, handling and disposal of asbestos from building sites being carried out in accordance with NSW law.  Details of the method of any asbestos removal to be submitted to the Principal Certifying Authority certifying compliance with relevant legislation prior to demolition commencing.

 

20.       Existing Covenants. 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.

 

21.       Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%. Payment is to be made prior to the issue of a Construction Certificate.

 

ENGINEERING CONDITIONS

22.       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.

 

23.       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.

 

24.       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.

 

25.       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.

 

26.       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.

 

27.       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.

 

28.       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’.

 

29.       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.

 

30.       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.

 

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

 

32.       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.

 

33.       Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum capacity of 4,000 Litres. 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.

 

34.       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 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.

 

35.       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.

 

36.       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.

 

37.       Council Infrastructure Damage Bond: The applicant shall lodge with Council a $7,200 cash bond or bank guarantee prior to the issue of a Construction Certificate. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets because of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred because of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the start of any works on the site.

 

38.       Drainage Plans Amendments: The stormwater drainage plan No: CI-520-01 Rev. D prepared by Wood & Grieve Engineers dated on 30/10/19 is to be amended to reflect the following conditions. This plan should show full details of new pipe network includes following:

·        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;

·        Proposed pipe system should show pipe sizes and invert levels confirming pipe system satisfies Council DCP;

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

 

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.

 

39.       Drainage Construction: Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan No: CI-520-01 Rev. D prepared by Wood & Grieve Engineers dated on 30/10/19 with the amendment mentioned in the immediately preceeding condition ‘Drainage Plan Amendments’.

 

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.

 

40.       Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to cover the registration of a Positive Covenant over the on site detention system. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

41.       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. The recommendations of the report are to be implemented.

 

42.       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.

 

43.       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.

 

44.       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.

 

45.       Work Zone: A Traffic Construction Management Plan and an application for a Work Zone adjacent the development shall be submitted to Lane Cove Council for determination, prior to the commencement of the demolition and prior to any works that require construction vehicle and machinery  movements to and from the site. If the development has access to a State Road, the Construction Management Plan and Work Zone need to be referred to RMS for approval. The approval of the Traffic Construction Management Plan and application for a Work Zone by Council’s Traffic Section must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

46.       Proposed use of an existing drainage easement: Documentation demonstrating that the drainage easement exists and that the property benefits from the easement is to be submitted to the Principal Certifying authority prior to the issue of Construction Certificate.

 

47.       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.

 

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

 

                       i.          Construct 1.2m width concrete footpath to match existing along the Ulonga Avenue frontage.

                     ii.          New Kerb and Gutter to match existing along the Ulonga Avenue frontage of the site.

                    iii.          Reinstate all adjustments to the road surface to Council’s satisfaction.

                    iv.          New nature-strip areas along the Ulonga Avenue Frontage to match the adjoining streetscape.

 

A $32,000 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.

 

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

 

·        New footpath

·        New kerb and gutter

·        All asphalt adjustments to the roadway

 

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 $860.00 is to be paid prior to the issue of the Construction Certificate.

 

50.       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.

 

51.       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.

 

52.       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 Practise. 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.

 

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

 

·        be signed by a registered surveyor,

·        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.

 

54.       Positive Covenant OSD:  Documents giving effect to the creation of a positive covenant over the on site detention system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wording of the terms of the positive covenant shall be in accordance with part O Council’s DCP-Stormwater Management.

 

55.       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.

 

TRAFFIC AND PARKING CONDITIONS

 

56.       Car Park Design. The proposed car park design shall comply with AS 2890.1-2004. This includes all parking spaces, ramps, aisles, disabled parking. Certification of the design is to be provided to the Principal Certifying Authority by a suitably qualified traffic consultant prior to the issue of a Construction Certificate.

 

57.       Design Requirements. Compliance with the following requirements:

 

·      The proposed pedestrian bridge must maintain a minimum vertical clearance of 2.2 metres from the existing ramp to the underside of the pedestrian bridge; and

·      The proposed pedestrian bridge must maintain a minimum width of 1.8 metres

 

58.       Construction Traffic Management Plan. The Construction Traffic Management Plan must be submitted and endorsed by Lane Cove Council prior to the issue of a Construction Certificate. The applicant will be required to consult NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of preparation of the Construction Traffic Management Plan. 

 

59.       Work Zones. Due to requirements for safe traffic and pedestrian movement, loading or unloading of any vehicle or trailer carrying material associated with the development must not take place on the public road unless within an approved Works Zone. If the Works Zone is required, the developer must give the Council written notice of at least six (6) weeks prior to the date upon which use of the Works Zone will commence and the duration of the Works Zone approval shall be taken to commence from that date. All vehicle unloading/loading activities on a public roadway/footway are to be undertaken within an approved Works Zone.

 

TREE MANAGEMENT AND LANDSCAPING

 

60.       Tree Preservation. 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.

 

61.       Tree Removal. The following trees are approved to be removed; 3,4,5,6,7,8,9,10,12,14 and 15 as identified in the Arborists report prepared by Footprint Green dated 30/5/2019. Trees may only be removed upon issue of the Construction Certificate. The Project Arborist is to attend site with the Principal Contractor and mark each tree approved for removal with a coloured spray dot prior to any trees being removed on site.

 

62.       Tree Retention. Trees 1,2,11,13,16,17,18,19,20,21,24 and 25 are to be retained and protected for the life of the development as identified in the Arborists report prepared by Footprint Green dated 30/5/2019.

 

63.       Tree Protection Measures. The tree protection plans, and recommended exclusion fencing is to be installed in compliance with the tree protection plan provided by the Arborist report (sheet 9 of 10) of the Arborists report prepared by Footprint Green dated 30/5/2019. The Project Arborist is to recommend and implement additional protective measures where required. All tree protective measures must be in place prior to any works commencing on the site, including demolition, and must be maintained for the duration of works on the site. The Project Arborist is to certify in writing that all tree protective measures are compliant to the development conditions, Australian Standard 4970 – 2009 and the Arborist report prior to the issue of the Construction Certificate. The 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.

 

64.       Project Arborist. 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 a viable 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.

 

65.       Project Arborist Monitoring. The project Arborist is to attend site and record attendance at the following intervals:

 

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

b.     Pre-demolition to certify tree protection has been installed in compliance with development conditions

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

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

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

f.       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.

g.     Monthly inspections during construction.

h.     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.

 

66.       Works within Tree Protection Zones. 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.

 

67.       Replacement Trees. 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 and be installed prior to the issue of the Occupation Certificate.

 

68.       Irrigation. All landscaping areas containing replacement trees shall have an automatic irrigation system on a timer that provides adequate water for the ongoing health and vitality of the plants.  The irrigation is to extent to all on-structure landscaping beds.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 site owner outside the Council appointed maintenance period.

 

69.       Maintenance of Plants. All plants shall be maintained in a healthy condition for the life of the development with replacement plants installed within 6 months of their demise.  This obligation shall become the responsibility of the site owner outside the Council appointed maintenance period.

 

70.       Maintenance of Landscaping. Prior to issue of the Certificate of Occupation, the applicant must submit evidence of an agreement for the maintenance of all site landscaping and replacement trees 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.

 

71.       Landscape Maintenance Report. At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant and tree material has been successfully established, that all of the outstanding maintenance works, or defects have been rectified prior to preparation of the report and that a copy of the 12-month landscape maintenance strategy has been provided to the Owner/ Occupier.  A copy of the report must be submitted to Council prior to the issue of an Occupation Certificate.

 

72.       Project Arborist Report. The Project Arborist is to submit a report upon completion of the development that Conditions of Consent have been met. The statement is to confirm all hold points and supervision has been carried out and include photographic evidence. The report is also to recommend remedial advice for trees post construction to mitigate construction impacts long term. The statement is to be submitted to and approved by the Principal Certifier Prior to the issue of the Occupation Certificate.

 

73.       The storm water plan number CI-070-01 is inconsistent with Architectural plan SD2001, the detention tank and pit locations require updating to achieve consistency. Plans are to be submitted to and approved by the Principal Certifier prior to the issue of the Construction Certificate. No storm water pipes, pits or detention tanks are to be installed within the tree protection zones of any retained trees on site, particularly trees 16,17,18,19, 20 and 21 to the south west of the proposed building. Storm water plans are to be updated to reflect the amended design and the Arborist report is to be updated to assess any impacts proposed from the installation of storm water structures.

 

 

ENVIRONMENTAL HEALTH AND WASTE

 

74.       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.

 

75.       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.

 

76.       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.

 

77.       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)

 

78.       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.

 

79.       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.

 

80.       Acoustic Requirements. Compliance with the recommendations of the Acoustic Report prepared by Northrop, Revision D, dated 23 August 2019 submitted with the Development Application.

 

 

81.       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.

 

82.       Noise Control – Offensive Noise. To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environmental Operations Act 1997.

 

83.       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.

 

84.       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).

 

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

 

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

 

87.       Noise Control – Residential Air Conditioning units. To minimise the impact of noise from the air conditioning unit, it shall be located 3 meters from the boundary and/or attenuated so that noise generated does not exceed 5db(A) above the ambient background level between 7am and 10pm on weekdays and 8am and 10pm on Weekends and Public Holidays. Any noise emitted by the air conditioning unit shall not be audible within a room of any residential dwelling or sole occupancy unit at any time within the hours of 10pm and 7am on weekdays and 10pm and 8am on weekends and public holidays.

 

88.       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.

 

89.       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

 

90.       Contaminated Land. Prior to issuing a construction certificate for the development a detailed site contamination investigation must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past and current activities and uses that may have occurred on the site.

 

91.       The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

92.       Bin Presentation. The bin presentation for collection is to wholly within No. 6 Ulonga Avenue, Greenwich (Lot 201 DP 1120727).

 

93.       Retaining Wall Replacement. The applicant is to ensure any demolition/ construction works maintain the structural adequacy of No. 3 Ulonga Avenue including if necessary the reconstruction of retaining walls at the sole cost of the applicant.

 

Reasons for the Panel Decision

 

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

 

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

 

 

 

The decision of the Panel was unanimous.

 

 

33 Greenwich Road, Greenwich

 

DETERMINATION

 

That the Lane Cove Local Planning Panel at its meeting of 10 December 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 SEPP (Seniors for Housing or People with a Disability) 2004, 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 10 December 2019, exercising the functions of Council as the consent authority, granted consent to Development Application DA103/19 for the demolition of existing structures and construction of a residential care facility on Lot 1 DP 1135033 , known as 33 Greenwich Road, Greenwich, subject to the following conditions:

 

PLANNING CONDITIONS

 

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

 

Dwg No

Title

Author

Revision

Date

06

Proposed Site Plan

SB Architects

A

08/11/2019

07

Proposed Basement Level 2

SB Architects

-

22/07/2019

08

Proposed Basement Level 1

SB Architects

-

22/07/2019

09

Proposed Ground Floor

SB Architects

A

08/11/2019

10

Proposed First Floor

SB Architects

A

08/11/2019

11

Proposed Second Floor

SB Architects

A

08/11/2019

12

Proposed Roof Level

SB Architects

A

08/11/2019

13

Proposed Elevations 1

SB Architects

A

08/11/2019

14

Proposed Elevations 2

SB Architects

A

08/11/2019

15

Proposed Elevations 3

SB Architects

A

08/11/2019

16

Proposed Sections

SB Architects

A

08/11/2019

38

Tree Retention and Removal Plan

SB Architects

A

08/11/2019

L02

Landscape Concept Plan – Tree Retained/Removed

Jocelyn Ramsay & Associates

E

14/11/2019

L03

Landscape Concept Plan – Ground Floor

Jocelyn Ramsay & Associates

E

14/11/2019

L04

Landscape Concept Plan – Level One

Jocelyn Ramsay & Associates

E

14/11/2019

L05

Landscape Concept Plan – Level Two and Three

Jocelyn Ramsay & Associates

E

14/11/2019

 

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

·        The rooftop glass windbreak is to be reduced to be a maximum 1.39 metres in height from the adjacent finished floor/garden bed level.

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

 

3.         Compliance with National Construction Code. All building works are required to be carried out in accordance with the provisions of the National Construction Code.

 

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

 

5.         Section 7.11 Contributions. THE PAYMENT OF A CONTRIBUTION FOR ADDITIONAL COMMERCIAL FLOOR AREA IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF THE FIRST CONSTRUCTION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $141,383.40 AT THE 2019/2020 RATE OF PAYMENT. 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.

The Section 7.11 Contribution is calculated in the following manner:

 

Contribution for Residential Care Facility

 

Proposed Use / Rate

Area

Contribution payable @

$134 per m2 2019/2020 fees and charges

Commercial

4289m2

$574,726.00

 

Credit for Existing Boarding House

 

Existing Use / Rate

Area

Credit available @

$134 per m2 2019/2020 fees and charges

Commercial

3233.90m2

433,342.60

 

Total Section 7.11 Contribution Payable

 

The total Section 7.11 contribution payable is the contribution less credit being a total of $141,383.40.

 

6.         Crime Prevention Through Environmental Design. Compliance with the following Crime Prevention Through Environmental Design measures:

 

·        An electronic surveillance system is to be provided including surveillance of key areas including entry/exits, service areas, corridors and areas where cash is kept or handled. The system should be capable of recording high-quality images of events;

·        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 staff member at all times, and provide any recordings made by the system to a police officer or police inspector within 24 hours of any request by the police officer or police inspector;

·        Any emergency control and evacuation plan should be implemented within the business. Management and staff should be trained in the execution of the plan in emergency situations;

·        Staff are to be provided with a secure area in which to store their personal effects whilst working.

·        Appropriate signage should be erected as follows:

o   Inside and around the perimeter of the entire property to warn of security treatments in place e.g. ‘This site is under 24 hour video surveillance’;

o   In the car park warning vehicle owners against leaving valuables in vehicles;

o   In any storage areas located in the communal car park warning residents against leaving valuables in storage areas;

o   On the internal driveway warning drivers that elderly residents may be crossing the driveway.

·        An afters hours contact for the residential care facility is to be provided to North Shore Police.

 

7.         Statutory Requirements for Residential Care Facility. The development shall comply with the requirements for residential care facilities as outlined in The Aged Care Act 1997.

 

8.         Residential Care Facility. The development is residential accommodation in the form of a residential care facility for seniors or people with a disability in accordance with the definitions of ‘seniors’ and ‘people with a disability’ under the provisions of State Planning Policy (Housing for Seniors or People with a Disability) 2004. a restriction as to user will be registered against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, limiting the use of any accommodation to which the application relates to the kinds of people referred to in Clause 18(1) of SEPP (Housing for Seniors or People with a Disability) 2004 prior to the issue of any Occupation Certificate.

 

9.         Fire Sprinkler System. A fire sprinkler system shall be installed in accordance with Clause 55 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

 

10.       Sydney Water Tap In. 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.

 

11.       Working Hours. 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.

 

12.       Section 73 Certificate. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance. Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

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.       Check Survey. A check survey certificate is to be submitted at the completion of:-

c          All basement and floor levels; and

b          The completion of works.      

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

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

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

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

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

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

 

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

 

17.       Demolition. Compliance with Australian Standard 2601 - The Demolition of Structures. The removal, handling and disposal of asbestos from building sites being carried out in accordance with NSW law.  Details of the method of any asbestos removal to be submitted to the Principal Certifying Authority certifying compliance with relevant legislation prior to demolition commencing.

 

18.       Existing Covenants. 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.

 

19.       Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%. Payment is to be made prior to the issue of a Construction Certificate.

 

ENGINEERING CONDITIONS

 

20.       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.

 

21.       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.

 

22.       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.

 

23.       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.

 

24.       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.

 

 

25.       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.

 

26.       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’.

 

27.       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.

 

28.       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.

 

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

 

30.       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.

 

31.       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 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.

 

32.       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.

 

33.       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.

 

34.       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.

 

35.       Council Infrastructure Damage Bond: The applicant shall lodge with Council a $56,700 cash bond or bank guarantee prior to the issue of a Construction Certificate. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets because of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred because of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the start of any works on the site.

 

36.       Drainage Plans Amendments: The stormwater drainage plan No: CI-060-01 Rev. F prepared by Wood & Gieve Engineers dated on 17/07/19 is to be amended to reflect the following conditions. This plan should show full details of new pipe network includes following:

·        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;

·        Rainwater tanks (min. total 10,000 litres) is to be incorporated in to the design to provide for Water Sensitive Design in addition to the OSD;

·        RMS approval must be obtained for the proposed stormwater discharge to River Road. Council does not support the proposed stormwater discharge to kerb & gutter.

 

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.

 

37.       Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan No: CI-060-01 Rev. F, CI-520-06 Rev. C, CI-526-01 Rev. D prepared by Wood & Gieve Engineers dated 17/07/2019, 01/09/2017, 15/08/2018 accordingly with the amendment mentioned in the immediately preceeding condition ‘Drainage Plan Amendments’.

 

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.

 

38.       Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to cover the registration of a Positive Covenant over the on site detention system. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

39.       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, driveway and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

40.       Replacement of Vehicular Crossing: The vehicular crossing servicing the property shall be reconstructed prior to the issue of the Occupation Certificate as it does not meet Council’s current standards. The vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

 

41.       Geotechnical Report: A geotechnical report is to be completed for the excavation and ground water impacts associated with this development. The report is to include recommendations how the groundwater seepage is dealt with to ensure the groundwater is not diverted to adjoining properties. 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. The recommendations of the report are to be implemented.

 

42.       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.

 

43.       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.

 

44.       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.

 

45.       Work Zone: A Traffic Construction Management Plan and an application for a Work Zone adjacent the development shall be submitted to Lane Cove Council for determination, prior to the commencement of the demolition and prior to any works that require construction vehicle and machinery  movements to and from the site. If the development has access to a State Road, the Construction Management Plan and Work Zone need to be referred to RMS for approval. The approval of the Traffic Construction Management Plan and application for a Work Zone by Council’s Traffic Section must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

46.       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.

 

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

 

                     v.          Reconstruct concrete footpath to match existing at both Greenwich Road and River Road frontage.

                    vi.          New Kerb and Gutter along the Greenwich Road frontage of the site.

                  vii.          Reinstate all adjustments to the road surface to Council’s satisfaction.

 

A $10,000 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.

 

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

 

·        New footpath

·        New kerb and gutter

·        All asphalt adjustments to the roadway

 

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 $860.00 is to be paid prior to the issue of the Construction Certificate.

 

49.       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.

 

50.       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.

 

51.       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 Practise. 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.

 

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

 

·        be signed by a registered surveyor,

·        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.

 

53.       Positive Covenant OSD:  Documents giving effect to the creation of a positive covenant over the on site detention system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wording of the terms of the positive covenant shall be in accordance with part O Council’s DCP-Stormwater Management.

 

TRAFFIC AND PARKING CONDITIONS

 

54.       Car Park Design. The proposed car park design shall comply with AS 2890.1-2004. This includes all parking spaces, ramps, aisles, disabled parking. Certification of the design is to be provided to the Principal Certifying Authority by a suitably qualified traffic consultant prior to the issue of a Construction Certificate.

 

55.       Loading Bay Design. The proposed loading bay design should comply with AS 2890.2-2002. The loading bay should be designed to accommodate SRV. Certification of minimum height clearances along the full path of travel of the SRV vehicle is to be provided to the Principal Certifying Authority by a suitably qualified traffic consultant prior to the issue of a Construction Certificate. The minimum clearance is to be free from any overhead services (pipes etc.).

 

56.       Accessible Parking. The accessible car space should be relocated near the residential lift. Amended plans are to be provided to the satisfaction of the Principal Certifying Authority prior to the issue of a Construction Certificate. All accessible car spaces are to be adequately signposted and linemarked and provided in accordance with AS2890.6: 2009 including the adjacent shared space and the height clearance.

 

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

 

58.       Forward Entry/Exit. All vehicles must front in/ front out to/ from the development. Certification of the design allowing for this provision in accordance with the relevant Australian Standards is to be provided to the Principal Certifying Authority by a suitably qualified traffic consultant prior to the issue of a Construction Certificate.

 

59.       Waste Servicing. 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 linemarked. Certification of minimum height clearances along the full path of travel of the waste vehicle is to be provided to the Principal Certifying Authority by a suitably qualified traffic consultant prior to the issue of a Construction Certificate.

 

60.       Construction Traffic Management Plan. The Construction Traffic Management Plan must be submitted and endorsed by Lane Cove Council prior to the issue of a Construction Certificate. The applicant will be required to consult NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of preparation of the Construction Traffic Management Plan. 

 

61.       Work Zones. Due to requirements for safe traffic and pedestrian movement, loading or unloading of any vehicle or trailer carrying material associated with the development must not take place on the public road unless within an approved Works Zone. If the Works Zone is required, the developer must give the Council written notice of at least six (6) weeks prior to the date upon which use of the Works Zone will commence and the duration of the Works Zone approval shall be taken to commence from that date. All vehicle unloading/loading activities on a public roadway/footway are to be undertaken within an approved Works Zone.

 

TREE MANAGEMENT AND LANDSCAPING

 

62.       Tree Preservation. 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.

 

63.       Tree Removal. This condition provides consent for the removal of the following trees identified in the Arborist report prepared By Australis dated 15th July 2019: 5,10,19,20,21,22,23,24,27,31,32,33,34,37,39,40,41,42,45,46,47,48,49,50,51,52,53,54,56,57,60,61,66,67,69,71,72,74,78,80 and 93. Tree identification numbers correspond with the Arborist report and Landscape plan prepared by J. Ramsay & Associates dated July 2019 (DWG 17-017/L03. Trees may only be removed upon issue of the Construction Certificate. Trees that are assessed as equal to or less than six metres height in the Arborists report tree inspection schedule may be removed or retained according to the landscape plan provided. The Project Arborist is to attend site with the Principal Contractor and mark each tree approved for removal with a coloured spray dot prior to any trees being removed on site.

 

64.       Tree Retention. The following trees are to be retained and protected for the life of the development identified in the Arborist report prepared By Australis dated 15th July 2019 and the Landscape plan prepared by J. Ramsay & Associates dated July 2019 (DWG17-017/L03):1,3,4,5,13.15,16,17,25,26,28,29,30,35,43,44,58,59,62,63,

            64,65,70,73,77,81,82,86,87,88,89,90,91 and 92.

 

65.       Tree Protection Measures. Tree protective fencing is to be erected in accordance with Appendix E of the Arborist report prepared By Australis dated 15th July 2019. Tree protective measures specified in section 7 of the report are to be implemented. The Project Arborist is to recommend and implement additional protective measures where required. All tree protective measures must be in place prior to any works commencing on the site, including demolition, and must be maintained for the duration of works on the site. The Project Arborist is to certify in writing that all tree protective measures are compliant to the development conditions, Australian Standard 4970 – 2009 and the Arborist report prior to the issue of the Construction Certificate. The 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.

 

66.       Project Arborist. 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 a viable 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.

 

67.       Project Arborist Monitoring. The Project Arborist is to attend site monthly to monitor and record compliance to all tree related development conditions including certification of replacement planting has been carried out upon completion of the landscaping phase. Hold points and the monitoring schedule specified with the Arborist report in section 7.1 are to be carried out with a written certificate of attendance issued to the Principal Certifier following each site visit.

 

68.       Compliance with Arborist Report. All recommendations contained in section 6 and 7 of the Arborist report to amend the design or method to mitigate the impacts on retained trees are to be implemented. These are inclusive of;

 

·        Permeable paving to be installed above grade for footpaths and driveways within Tree Protection Zones.

·        No trenching or excavation carried out for the proposed boundary fence.

·        Thrust boring for storm water installation within the Tree Protection Zones of retained and neighbouring trees.

·        No roots greater than 40mm in diameter are to be pruned unless the Project Arborist is present to authorise it.

·        All excavations within the Tree Protection Zones of retained and neighbouring trees to be manual or Hydrovac method to minimise damage to tree roots.

 

Plans and work method statements are to be updated prior to the issue of the Construction Certificate to reflect the design changes.

 

69.       Replacement Trees. Replacement trees are to be installed at the ratio, size and species listed on the Landscape plan prepared by J. Ramsay & Associates dated July 2019 (DWG 17-017/L03). The replacement planting is to include, in addition to the replacements proposed, three (3) locally indigenous canopy trees. These three are to be installed at 200 litre stock size and be a minimum of four (4) metres in height at the time of installation. Additional canopy trees are to be added to the approved Landscape plans prior to the issue of the Construction Certificate.

 

70.       Minimum Pot Sizes and Species Selection. The minimum pot size for any replacement tree is to be 100 litres. The species clivea mineata, philodendron Xanadu, and buxus microphyllia japonica, are not appropriate for a residential care facility and are to be replaced with suitable native non-poisonous species.

 

            All trees planted within the site frontage to River Road and Greenwich Road are to be larger native trees and may include Eucalytpus Saligna, Grevillia Robusta or Melalueca Quinquenervia. Amended landscape plans detailing suitable frontage tree planting are to be submitted to, and approved by, Council’s Manager Development Assessment prior to the issue of a Construction Certificate.

 

71.       Irrigation. All landscaping areas containing replacement trees shall have an automatic irrigation system on a timer that provides adequate water for the ongoing health and vitality of the plants.  The irrigation is to extent to all on-structure landscaping beds.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 site owner outside the Council appointed maintenance period.

 

72.       Maintenance of Plants. All plants shall be maintained in a healthy condition for the life of the development with replacement plants installed within 6 months of their demise.  This obligation shall become the responsibility of the site owner outside the Council appointed maintenance period.

 

73.       Maintenance of Landscaping. Prior to issue of the Certificate of Occupation, the applicant must submit evidence of an agreement for the maintenance of all site landscaping and replacement trees 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.

 

74.       Landscape Maintenance Report. At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant and tree material has been successfully established, that all of the outstanding maintenance works, or defects have been rectified prior to preparation of the report and that a copy of the 12-month landscape maintenance strategy has been provided to the Owner/ Occupier.  A copy of the report must be submitted to Council prior to the issue of an Occupation Certificate.

 

75.       Project Arborist Report. The Project Arborist is to submit a report upon completion of the development that Conditions of Consent have been met. The statement is to confirm all hold points and supervision has been carried out and include photographic evidence. The report is also to recommend remedial advice for trees post construction to mitigate construction impacts long term. The statement is to be submitted to and approved by the Principal Certifier Prior to the issue of the Occupation Certificate

 

ENVIRONMENTAL HEALTH AND WASTE

 

76.       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.

 

77.       Dust Control. The following measures must be taken to control the emission of dust:

 

f)            Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work

g)          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

h)          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

i)            All stockpiles of materials that are likely to generate dust must be kept damp or covered

j)            Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

 

78.       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.

 

 

79.       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)

 

80.       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.

 

81.       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.

 

82.       Construction and Fit out of Food Premises. To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all work involving construction or fitting out of the premises shall comply with the requirements of the Food Safety Standards Code (Australia) and Australian Standards AS4674 – Design, Construction and Fitout of Food Premises.

 

83.       Grease Trap (Food Premises). Trade waste water shall be disposed of in accordance with the permit requirements of Sydney Water the proprietor owner shall contact the Trade Waste Office of Sydney Water so as to ensure that the sewerage pre – treatment system installed is appropriate for the proposed use of the premises.

 

84.       Maintenance and cleanliness of food preparation areas. To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:

 

a)     Food Act 2003 & Food Regulations 2004

b)     Food Safety Standards 3.1.1, 3.2.2, 3.2.3

c)     Sydney Water Corporation – Trade Waste Section

d)     The Protection of the Environmental Operations Act 1997

e)     Australian Standard AS 1668 Part 1 & 2

f)       The Building Code of Australia.

 

85.       Sharps Disposal. Sharp disposable instruments (such as needles, lances or blades) be placed in a special sharps disposable container and disposed of in accordance with the “Skin Penetration Guidelines” 1991, published by the NSW Health Department.

 

86.       Skin Penetration Guidelines. Any person carrying out any of the following skin penetration procedures shall ensure that the requirements of the Local Government Act 1993 and the Public Health Act 1991 and Regulations, and the NSW Department of Health Skin Penetration Guidelines 1991 are met at all times:

 

a)                 Acupuncture

b)                 Tattooing

c)                 Ear piercing

d)                 Hair removal

e)                 Any other procedure that involves skin penetration

 

87.       Garbage storage area – Commercial/Industrial. All garbage shall be stored in a designated garbage area, which includes provision for the storage of all putrescible waste and recyclable material emanating from the premises. The area is to be constructed with a smooth impervious floor graded to a floor waste and connected to the sewer. The garbage area/room is to be well ventilated and fitted with fire sprinklers and meet fire safety standards in accordance with the Building Code of Australia. Detailed plans and specifications for the construction of the designated garbage area are to be submitted with the Construction Certificate.

 

88.       Garbage collection – Commercial/Industrial. Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997.  Records shall be kept of all waste disposal from the site. Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 7am on any day.

 

89.       Drainage. Garbage room floors shall be graded to a floor waste, which shall be connected to the sewer.  No drainage from garbage rooms shall be connected directly or indirectly to the stormwater drainage system, Council’s street gutter or Council’s drainage system.

 

90.       Acoustic Consultant Certification. A qualified acoustic consultant shall be engaged to certify that the design and construction of the traffic noise affected portions of the building complies with the EPA’s – Environmental criteria for road traffic noise.  An acoustic report shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of a Construction Certificate. Further, prior to issue of the construction certificate an addendum to the acoustic report shall be submitted to council for assessment  for the plant and equipment ( air conditioning and extraction/ventilation system. The report is top confirm that the air conditioning and extraction/ventilation systems are compliant in respect of NSW EPA noise criteria and impacts on the surrounding premises.

 

91.       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.

 

92.       Noise Control – Offensive Noise. To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environmental Operations Act 1997.

 

93.       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 background noise levels.  Any noise that is emitted shall not be audible within any premises and comply with the Protection of the Environmental Operations Act 1997.

 

94.       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

 

95.       Fresh air intake vents. All fresh air intake vents must be located in a position that is free from contamination and at least 6 metres from any exhaust air discharge vent or cooling tower discharge.

 

96.       Exhaust air discharge vents. All exhaust discharge vents must be located in a position where no nuisance or danger to health will be created and at least 6 metres from any fresh air intake vent or natural ventilation opening

 

97.       Exhaust air discharges. The composition, direction and velocity of the exhaust air discharged from the exhaust vents must be such that no nuisance or danger to health will be created.

 

98.       Bunding – Liquids. All liquids onsite are to be stored within a bunded area.  The size of the area is to be bunded and shall be calculated as follows as a minimum:

 

a)               In the case of tanks, 110% of the volume of the largest size tank

b)               In the case of small containers and drums, 25% of the total volume of liquid to be stored, with a minimum of 400L capacity.

 

The bund is to be constructed of a material, which is impervious to the liquid being stored.  All bunded areas shall be graded to a pit/sump so as to facilitate emptying and cleaning.  All pipework from the enclosed tanks and or/pumps shall be directed over the bund wall and not through it.  Hose couplings for the tanks enclosed within the bund.  Where possible the bunded areas should be roofed. After completion, the bund shall be maintained in such a condition, that all spillages or leaks will be retained within the bund, until disposed of by means that do not pollute waters.

 

99.       Storage of Hazardous or Toxic Material. To ensure hazardous and toxic materials are not to become a threat to the environment they must be stored in a bunded area constructed and maintained in accordance with AS 1940 – 1993 The storage and handling of flammable and combustible liquids and with Workcover NSW requirements.

 

100.     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.

 

101.     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).

 

102.     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.

 

103.     Regulated Systems. All air handling and water systems regulated under the Public Health Act 1991 must be installed, operated and maintained in accordance with the requirements of the Public Health (Microbial Control) Regulation 2000. The premise is to be registered with Council together with payment of the approved fee, prior to occupancy of the building.

 

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

 

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

 

106.     Detailed Site Contamination Investigation. A detailed site contamination investigation must be undertaken by an independent appropriately qualified environmental consultant prior to the issue of a Construction Certificate in order to provide information on land and ground water contamination and migration in relation to past and current activities and uses that may have occurred on the site.

 

ADDITIONAL TRAFFIC CONDITIONS

 

107.     Application to Traffic Committee. The applicant is to request prior to the issue of a Construction Certificate the installation of a south-bound bus-stop on the eastern side of Greenwich Road immediately opposite the Greenwich Road frontage of the site, through Council’s Traffic Committee, to provide for even better access to Greenwich shops. If approved by the relevant authorities, the construction is to be completed and cost of the bus stop installation borne by the applicant, prior to the issue of an Occupation Certificate.

 

108.     Courtesy Bus. A courtesy bus is to be provided for use by the facility with a minimum 12 seats for the life of the development.

 

Reasons for the Panel decision

 

1.         The proposed development involves the demolition of the existing bland and undistinguished 4/5 storey boarding house on a prominent site.

 

2.         The proposed building will present as a 2 storey development to both street frontages, with large setbacks and other measures to fit in with the low density residential area and representing a considerable improvement to the existing situation.

 

3.               The replacement of a somewhat dilapidated boarding house with a building of high visual quality is in the public interest,

 

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

 

 

The decision of the Panel was unanimous

 

 

The meeting closed at 7pm.