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Minutes

Lane Cove Local Planning Panel Meeting

7 July 2020,  

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Lane Cove Local Planning Panel 7 July 2020

Minutes

 

 

 

PRESENT:                                         Hon David Lloyd, Chairman, Ms Lindsey Dey, Planning Expert, Mr David Johnson, Environmental Expert and Ms Maria Linders, Community Representative

 

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

 

DECLARATIONS OF INTEREST:    Nil

 

WEBCASTING OF COUNCIL MEETING

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

 

Lane Cove Local Planning Panel Reports

 

1-7 Merinda Street and 11-17 Willandra Street, Lane Cove North

 

DETERMINATION

 

That pursuant to section 4.55(1A) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 7 July 2020 exercising the functions of the Council as the consent authority grant consent to the Section 4.55 Modification Application to Development Application No. 162/2018  on land known as 1-7 Merinda Street and 11-17 Willandra Avenue, Lane Cove North, subject to the following:

 

i.        The replacement of condition 1 and 10 as follows:

 

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

 

Plan No

Title

Author

Revision

Date

DA1.01

Project Summary

Hyecorp Design

E

24/06/2020

DA2.01

Plan 1

Hyecorp Design

D

05/06/2020

DA2.02

Plan 2

Hyecorp Design

D

05/06/2020

DA2.03

Plan 3

Hyecorp Design

E

05/06/2020

DA2.04

Plan 4

Hyecorp Design

E

05/06/2020

DA2.05

Plan 5

Hyecorp Design

E

05/06/2020

DA2.06

Plan 6

Hyecorp Design

E

05/06/2020

DA2.07

Plan 7

Hyecorp Design

E

05/06/2020

DA2.08

Plan 8

Hyecorp Design

F

05/06/2020

DA2.09

Plan 9

Hyecorp Design

E

05/06/2020

DA2.10

Plan 10

Hyecorp Design

D

05/06/2020

DA3.01

North and South Elevation

Hyecorp Design

E

05/06/2020

DA3.02

East and West Elevation

Hyecorp Design

E

05/06/2020

DA4.01

Section A & B

Hyecorp Design

F

05/06/2020

DA4.02

Section C

Hyecorp Design

F

05/06/2020

DA4.03

Driveway and Internal Ramp Section

Hyecorp Design

B

16/01/2019

DA-ST

Storage Design

Hyecorp Design

A

05/06/2020

3/8

Planter Plan

Iscape Landscape Architecture

A

11/06/2020

1/8

Landscape Plan

Iscape Landscape Architecture

B

11/06/2020

2/8

Irrigation Plan

Iscape Landscape Architecture

B

11/06/2020

4/8

Elevations 1

Iscape Landscape Architecture

A

05/02/2019

5/8

Elevations 2

Iscape Landscape Architecture

A

05/02/2019

6/8

Sections 1

Iscape Landscape Architecture

A

05/02/2019

7/8

Sections 2

Iscape Landscape Architecture

A

05/02/2019

 

            Note: The landscape elevations/sections are to be updated to be consistent with Drawing 1-3/8 dated 11 June 2020 and including in the revised Construction Certificate detail as part of meeting condition no. 3A of this consent.

 

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

 

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

 

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total

contribution

1 Bedroom  (inc. studio)

1.2 persons

$10,642.00 x 1.2 =

$12,770.40.00 per dwelling

47 x $12,770.40

$600,208.80

2 Bedrooms

1.9 persons

$10,642.00 x 1.9 =

$20,219.80 per dwelling

Capped Rate $20,000.00 per dwelling

37 x $20,000.00

$740,000.00


 

3 Bedrooms

2.4 persons

10,642.00 x 2.4 = $25,540.80

Capped Rate $20,000.00 per dwelling

22 x $20,000.00

$440,000.00

 

 

 

TOTAL

$1,780,208.80

 

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 person

No. of Dwellings

Total

contribution

2 + Bedrooms

N/A

Capped Rate $20,000.00 per dwelling

8 x $20,000.00

$160,000.00

 

 

 

TOTAL

$160,000.00

 

            The Section 7.11 contribution payable is $1,780,208.80 - $160,000.00 = $1,620,208.80 in accordance with 2019/2020 fees and charges.

 

ii.          The addition of the following conditions:

 

3A.      An amended Construction Certificate is to be issued incorporating the Section 4.55 Modification approval (including architectural details and landscape design).

 

44A.    The following tree protection is to be complied with (in addition to the other conditioned measures/requirements) and is to be certified by the project arborist as complied with/completed/installed as part of the amended Construction Certificate:

 

-           All trees (ST1, ST2, ST3, ST4 and the additional tree) are to be provided tree protective fencing to isolate the nature strips. The trees are to be mulched with 75mm deep leaf mulch.

-           Storm water installation is to be specified within the TPZ area of retained trees to be installed using manual excavations or sub surface boring.

-           All works within the TPZ area are to be directly supervised by the project Arborist who is to provide written confirmation that conditions have been complied with.

-           Council requires a site plan showing exactly where the TPZ fencing is to be installed around which trees and to encompass the nature strips.

 

Panel Reasons

 

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

 

 

2 Canberra Avenue, St Leonards

 

DETERMINATION

 

That pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 7 July 2020 exercising the functions of the Council as the consent authority grant consent to the Section 4.55 Modification Application to Development Application No. 141/2017 on land known as 2 Canberra Avenue, St Leonards subject to the following:

 

The replacement of Condition No. 1 and as follows:

 

 

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) and support documents:

 

 

Plan No/Reference

Author

Date

Architectural Plans: A003/2, A004/2, A101/2 to A110/2, A201/2, A202/2, A203/2, A301/2, A302/2 & A303/2

Brewster Murray

March 18 Issue 2

A601/2 Exterior Finishes

Brewster Murray

March 18 Issue 2

A703/2 Adaptable Units

Brewster Murray

March 18 Issue 2


 

Landscape Plans: L-01 to L-09

Site Design + Studios

14/3/18 Rev J

Stormwater Plans:

C001 to C003 & C006

C004 & C005

Adams

 

12/03/18 Issue B

12/03/18 Issue C

Ground Movement and Vibration Monitoring Plan

Asset Geotechnical Engineering Pty Ltd

22 February 2018 Ref4708-R2-Rev R1

 

S1.00, S1.01, S1.02, S1.03, S1.09, S1.10, S1.11, S1.12, S1.13

lnstructure Consulting Engineers

Revision A

 

Documents

Date

Basix Certificate No. 860499M_02

12 March 2018

Aboricultural Impact Appraisal and Method Statement by Naturally Trees

22 November 2017

Acoustic Assessment for Development Application by Renzo Tonin

25 January 2018 Doc Ref: TH585-01F02

Statement of Compliance Access for People with a Disability by Accessible Building Solutions

Revision A 05/03/2018 Job No. 217175

Geotechnical Investigation Report Ref: 4708-1-R1 prepared by Asset Geotechnical Engineering Pty Ltd

20 December 2017

Report on numerical modelling Ref: 4708-R1 prepared by Asset Geotechnical Engineering Pty Ltd

19 December 2017

'Basement Excavation adjacent to Sydney Rail Corridor Statement' by lnstructure Consulting Engineers

23 February 2018

Letter to Sydney Trains prepared by lnstructure Consulting Engineers regarding reinforcing an existing retaining wall.

1 June 2018

 

          As amended by the following drawing numbers prepared by Brewster Murray:

 

A004/3, A101-A103/3, A201-203/3 and A301-303/3 Issue 3 dated Jan. 19.

 

And as further amended by the following drawing numbers prepared by Brewster Murray:

 

A104-110/6, A203/6 & A301-303/6 Issue 6 dated FEB 20 and A201-202/7 Issue 7 dated MAY 20.

 

Prior to the issue of a Construction Certificate, the following amendments to the above approved plans shall be made:

 

(a)          The area directly above the OSD tank shall be a raised planter with a soil depth of at least 1.3 metres and supplied with an approved planter box mix capable of supporting trees which are to be installed at a 200 litre pot size with a minimum height of 2.7 metres at the time of planting.

 

(b)          Four (4) replacement canopy trees are to be provided on the Landscape plan in accordance with Appendix 1 – Plant List of Part J – Landscaping of LCDCP 2010 and endorsed by Council’s Landscape Officer.

 

(c)          A controlled access by way of security gate or similar is to be provided to the pedestrian entry point located adjacent to the southern side boundary to provide resident access only to the site.

 

The Development must be carried out in accordance with the amended plans approved under this condition. Where any inconsistencies occur between the conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

 

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

 

The addition of the following conditions as follows:

 

1A.      The approved screening structure to the roof top A/C units are to be constructed of Lysaght

            longline profile in a powder coat finish in black.

 

            Reason: To improve the visual appearance of the development.

 

31A.     Double glazing to be provided to all windows and door cavities fronting the rail line.

 

             Reason: To ensure future occupants of the development are protected from railway noise.

 

31B.    The rooftop amenity is to be protected from railway façade noise by an Australian Standard Acoustic barrier to the satisfaction of the Certifier.

 

             Reason: To ensure future occupants are protected from the railway.

 

77A.  On Structure Landscaping: The Applicant must ensure that ‘On’ structure landscaping has adequate soil depth, volume and suitable profile to support the number of trees and      shrubs indicated on the approved DA plan. On-structure landscape details to be submitted for Council’s approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

89A.     Prior to the issuing of the final Construction Certificate, the following rail specific items are to be submitted to Sydney Trains for review and endorsement:

 

   § Final Structural Design Drawings in accordance with the approved basement level depths and ceiling heights.

 

            The Principal Certifying Authority is not to issue the Construction Certificate until it has received written confirmation from Sydney Trains that this condition has been complied with.

 

150.     Reticulated Water Supply

            Reticulated water supply is to be provided to all landscaping on the ground level and on the rooftop terrace level and to be endorsed by Council’s Landscape Officer prior to the issue of the Occupation Certificate.

 

151.     Maintenance of Landscaping

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

 

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

 

Panel Reasons

 

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

 

 

North Shore Rowing Club - Aquatic Park, Stuart Street, Longueville

 

DETERMINATION

 

That pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel at its meeting of 7 July 2020 exercising the functions of the Council as the consent authority grant consent to the Section 4.55(2) Modification Application to Development Application No. 153/2017 on land known as the North Shore Rowing Club – Aquatic Park, Stuart Street, Longueville on Lot 2 DP 907301 subject to the following additional conditions:

 

1.         Condition 31    -    Deleted

 

2.         New Condition 1A: The proposed first floor addition shall not be used for entertainment or amplified music.

 

3.         New Condition 1B: The windows on the first floor addition shall be timber framed and reflective style of  the existing ground floor windows on the western elevation.

 

4.         Additional sentence Condition 20:  The metal roof shall be finished in a non-reflective material.

 

5.         Condition 41 as amended: Lighting:  All lighting must be unobtrusive, movement sensitive, dropped down-lights to minimise light pollution into the bushland area and neighbouring properties.

 

6.         New Condition 1C: Two signs shall be erected at the entry and exit of the car-park to remind patrons to consider neighbours when entering or exiting the car-park.

 

The replacement of Condition Nos 1, 10, 20, 31, 32, 33, 34, 36 and 41 as follows:

 

1.         Approved Plans: 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) and support documents:

 

Drawing

Prepared by

DWG/Plan No.

Rev

Dated

Site and Ground Floor Plan

OPRA Architects

B79-DA 1

2

12.09.2017

Elevations and Sections

OPRA Architects

B79-DA 2

2

12.09.2017

 

            And as amended by Drawing Nos. 01_000, 01_011-12, 01_031, 01_101 and 01_201 Revision A dated 24/01/20 prepared by Perumal Pedavoli Architects.

 

The Development must be carried out in accordance with the amended plans approved under this condition. Where any inconsistencies occur between the conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

 

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

 

1A.       The proposed first floor addition shall not be used for entertainment or amplified music

 

1B.       The windows on the first floor addition shall be timber framed and reflective style of  the existing ground floor windows on the western elevation.

 

1C.      Two signs shall be erected at the entry and exit of the car-park to remind patrons to consider neighbours when entering or exiting the car-park

 

10.       External Finishes: The exterior materials of the boatshed are to be painted in a colour to match the existing boat shed and in accordance with the details submitted with the application.

 

Reason: To ensure that the Boatshed is not visually prominent when viewed from the Waterway.

 

20.       Roof Material:  The replacement of existing roof tiles is to be with terracotta tiles of variegated colour and the new skillion roof is to be metal. All metal roofing is to be recessive. Skylights up to 1200mm long and 900mm wide are permitted and shall be limited to the eastern slope of the approved roof.  The metal roof shall be finished in a non-reflective material.

 

            Reason: To ensure the development is visually unobstrucive from public places, to avoid glare and to protect the amenity of surrounding residents.

 

31.       Deleted.

           

            Reasons: To ensure trees are only removed in conjuction with the development that requires their removal.

 

32.       Replacement Planting: Trees removed as part of the Development Consent including for Trees 2, 3 and 4 which have already been removed must be replaced with Angophora costatas in 45L pots at a ratio of no less than 2:1 as close as possible to the location of the removed trees and endorsed by Council’s Landscape Officer. All plantings/landscaping must comply with Part J Landscaping of the Lane Cove Development Control Plan 2010 and be installed by a qualified horticulturalist; the trees are to be provided with support stakes, mulch and initial watering prior to the issue of the Occupation Certificate.

 

            Reason: To retain the existing density of trees.       

 

33.       Trees to be Retained and Protected: All other trees on site are to be retained and protected for the life of the development. All plans are to be updated prior to the issue of the Construction Certificate to reflect the retention of neighbouring trees 8 and 9. A site specific Tree Protection Plan produced by an AQF5 Consulting Arborist showing protective      measures for all trees within 5 metres of the development, including street trees and neighbouring trees, is to be submitted to the Principal Certifier prior to the issue of the Construction Certificate. All tree protective measures must be in place prior to any works commencing on the site and must be maintained for the duration of works on the site. The plan must include a work method statement specific to working within the tree protection zones. The plan must meet Australian Standard AS4970-2009 Protection of Trees on Development sites and AS4373-2007 Pruning of Amenity Trees. The above is required prior to the issue of the Construction Certificate.

 

            Reason: To protect trees required to be retained.

34.       Footing, trench or excavation that is within the TPZ of any retained trees must be carried out under the guidance of an AQF Level 5 Arborist and using non-destructive techniques. No tree roots greater than 40mm diameter to be severed or damaged unless approved by an AQF Level 5 Arborist. All roots are to be pruned and documented by an AQF Level 5         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. No excavations are to be carried out within 2.1 metres of neighbouring trees 8 and 9. The Project Arborist is to oversee all works within 3.6 metres of these trees.

36.       Tree Protection (Trunk Guards): The trunk of Tree 1 must be protected during the construction period by a trunk guard.  The trunk guard must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2 m from the ground.  All trunk guards must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

           

            Reason: To protect trees required to be retained.

 

41.       Lighting:  All lighting must be unobtrusive, movement sensitive, dropped down-lights to minimise light pollution into the bushland area and neighbouring properties       

            Reason: To protect the amenity of the surrounding area.

 

The addition of the following conditions as follows:

 

28A.   The two existing solar panels erected on top of the existing verandah structure are to be        relocated elsewhere on the Rowing Club building to the satisfaction of Council and prior to      the issue of the occupation certificate.

 

            Reason: To improve the visual appearance of the Rowing Club when view from public   spaces.

 

36A.     The Project Arborist is to attend site monthly to monitor and record compliance to all tree related development conditions including certification of any replacement planting has been carried out upon completion of the landscaping phase. The Arborist is to attend, at a minimum, at the following intervals;

 

a.   Pre-demolition of any structures to record the condition of retained trees prior to works carried out.

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

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

d.   During any excavation within the TPZ areas of retained trees.

e.   Certify storm water has been installed outside of the TPZ area of any 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 unless approved in writing by the project Arborist.

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.

36B.     Pursuant to Section 80A(6)(a) and (7) of the Environmental Planning and Assessment Act 1979, the applicant must, prior to the issue of the construction certificate, provide security in the amount of $6,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to all trees that are standing in the public reserve immediately adjoining the land subject of this development consent. This bond may be forfeited in the event of damages to any of these trees as a result of the development works as determined by Council’s Tree Management Officer, at a minimum the cost of replacing the tree including labour will be deducted from the bond. The applicant shall contact Council to have the street tree inspected following issue of the Occupation Certificate.

Health and Environment

 

58.     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.

 

59.     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.

 

60.     Noise Level Restrictions – Demolition Works

Noise from demolition works must comply with the following criteria:

 

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

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

 

61.   Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

·        New South Wales Occupational Health and Safety Act, 2000;

·        The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

·        The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;

·        Protection of the Environment Operations Act 1997 (NSW) and

·        Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

Panel Reasons

 

The Panel supports the findings contained in the Assessment Report with additional conditions 28A, 36A, 36B, 58, 59, 60, 61 and endorses the reasons for the approval contained in that Report together with the additional and amended conditions above, to maintain heritage integrity and neighbourhood amenity.

 

 

The decision of the Panel was unanimous

 

 

The meeting closed at 6.30pm

 

 

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