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Minutes

Lane Cove Local Planning Panel Meeting

6 April 2021  

 

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Lane Cove Local Planning Panel 6 April 2021

Minutes

 

 

 

PRESENT:                              Mr Robert Montgomery, Chairman, Mr David Johnson, Environmental Expert, Ms Lindsey Dey, Planning Expert, Ms Maria Linders, Community Representative

 

ALSO PRESENT:                  Mr Mark Brisby, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, 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 Report

 

2 - 4 Merinda Street, 24 - 26 Mindarie Street Lane Cove North

 

DETERMINATION

 

The Lane Cove Local Planning Panel at its meeting of 6 April 2021, exercising the functions of the Council as the Consent Authority pursuant to Clause 4.16 of the Environmental Planning & Assessment Act 1979 approves a variation to the height prescribed by Clause 4.3 of the Lane Cove Local Environmental Plan 2009, as it is satisfied that the applicant’s request has adequately addressed the matters required to be demonstrated by Clause 4.6 of that Plan, and the proposed development would be in the public interest as it is consistent with the objectives of that particular standard and the objectives for development within the zone.

 

Pursuant to Section 4.16(1) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 6 April 2021, exercising the functions of Council as the consent authority, grants consent to Development Application DA18/21 for the demolition of existing structures and construction of a residential flat building on Lots 67, 68, 69 and 70 in DP 35865, known as 2–4 Merinda Street and 24–26 Mindarie Street, Lane Cove North, subject to the following conditions.

 

GENERAL CONDITIONS

 

1.   Approved Plans and Documents

 

That the development be in accordance with the following approved plans and documents:

 

Drawing No :

Title

Rev:

Prepared by:

Dated:

DA01

 

Lower Basement

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

DA02

 

Basement

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

DA03

 

Ground Floor

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

DA04

 

Level 2 Typical (L1 + 3 SIMILAR)

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

DA05

 

Level 4

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

DA06

 

Roof Plan + site plan

A

Wolski Coppin

Architecture

Project No: 21903

11/02/2021

DA07

 

Cross + Long Section

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

DA08

 

Driveway & Ramp Section

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

DA09

 

Mindarie & Merinda Street Elevation

A

Wolski Coppin

Architecture

Project No: 21903

10/02/2021

DA10

 

South and East Elevation

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

SA01

 

Site Analysis

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

SA02

 

Site Context

Analysis

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

CA01

 

Landscape Area Calculations

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

FH01

 

Finishes 01

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

FH02

 

Finishes 02

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

PH01

 

Adaptable 01

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

PH02

 

Adaptable 02

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

PH03

 

Adaptable 03

 

Wolski Coppin

Architecture

Project No: 21903

29/01/2021

CC200370

E1

Cove Sheet & Notes

A

ACOR Consultants (CC) Pty Ltd

05/01/2021

CC200370

E2

Erosion & Sediment Control Plan

A

ACOR Consultants (CC) Pty Ltd

05/01/2021

CC200370

E3

Erosion & Sediment Control Detail Sheet

A

ACOR Consultants (CC) Pty Ltd

05/01/2021

CC200370

C1

Cover Sheet & Notes

C

ACOR Consultants (CC) Pty Ltd

12/01/2021

CC200370

C2

Stormwater Management Plan – Ground  (Part 1)

C

ACOR Consultants (CC) Pty Ltd

12/01/2021

CC200370

C3

Stormwater Management Plan – Ground  (Part 2)

C

ACOR Consultants (CC) Pty Ltd

12/01/2021

CC200370

C4

Stormwater Management Plan – Basement

C

ACOR Consultants (CC) Pty Ltd

12/01/2021

CC200370

C5

Stormwater Management Plan -Lower Basement

C

ACOR Consultants (CC) Pty Ltd

12/01/2021

CC200370

           C6

Stormwater Management Details Sheet No. 1

C

ACOR Consultants (CC) Pty Ltd

12/01/2021

CC200370

           C7

Stormwater Management Details Sheet No. 2

C

ACOR Consultants (CC) Pty Ltd

12/01/2021

DOCUMENT

REV

AUTHOR

DATED

BASIX Certificate No. 1165735M_03

 

Senica Consultancy Group Pty Ltd

28 January 2021

Site Waste Minimisation and Operational Waste Management Report

SW20/11212

C

Senica Consultancy Group Pty Ltd

09/01/2021

 

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

 

    1A.   Balustrades - The balustrades on the eastern perimeters of the balconies of units 108, 208 and 308 are to be constructed with either opaque glass or solid upstand structures to prevent views to 28 Pinaroo Place.

            Details are to be provided on amended plans to the PCA Principal Certifying Authority (PCA) for approval PRIOR TO SUBMISSION OF A CONSTRUCTION CERTIFICATE.

 

            Reason: To reduce privacy impacts to the neighbour at 28 Pinaroo Place.

 

2.   ROOF TOP COMMUNAL OPEN SPACE

(a)  The proposed roof top communal open space is to be increased in area by approximately 70% of  its current size.  The increased size shall not create any impacts on privacy of adjoining properties.

(b)  The amended communal area is to include a planter box around the perimeter. The adjacent rooftop service area will be required to be rearranged to suit. The amended area must not include any feature which exceeds the 17.5m height limit and must not involve movement or alteration of the existing features of the rooftop communal area that are the subject of the cl4.6 request, namely the pergola, lift overrun 1, accessible WC roof, fire stairs roof and lift overrun 2.

The landscape drawings must be amended and submitted to Council’s Landscape Principal Certifying Authority (PCA) for approval prior to issue of Construction Certificate.

Reason:    Communal amenity.

3.   WINDOWS

 

The plans and elevations are to be amended to ensure bedroom 2 of Units 102, 202 and 302 have a window.

 

Details are to be provided to the PCA Principal Certifying Authority (PCA) for approval prior to submission of a Construction Certificate.

 

Reason: Light and ventilation.

 

4.   GROUND FLOOR COURTYARD

 

The private courtyard on the eastern side of the ground floor is to be amended so that it cannot be accessed by both Unit G02 and Unit G03. 

 

The adjacent private courtyard on the eastern side of the ground floor is to be amended so that it cannot be accessed by both Unit G07 and Unit G11. 

 

The plans are to be amended and fences or walls at a height of 1.8m are to be erected within these courtyards to fully separate the outdoor space of each unit. Details are to be provided to the Principal Certifying Authority (PCA) for approval prior to submission of a Construction Certificate.

 

Reason: Privacy and amenity.

 

5.   SECTION 7.11 CONTRIBUTION

 

The payment of a contribution for additional person/s in accordance with Council’s Section 7.11 (S94) Contributions Plan shall be made PRIOR TO THE ISSUE OF ANY CONSTRUCTION CERTIFICATE. This payment is to be at the current rate at the time of payment. The amount of $844,434.40 at the current rate of $10,942 per person (2020/2021) is required to be paid.  

NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

This contribution is for Community facilities, Open Space/Recreation and Roads under the Lane Cove Section 7.11 (S94) Contributions Plan which is available for inspection at the Customer Service Centre located at Lane Cove Council, 48 Longueville Road, Lane Cove.

N/B      The Section 7.11 Contribution is calculated as the follows:

 

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

 

Total Contribution

No. Bedrooms

Average Occupancy

Amount contribution per person

No. of dwellings

1 bedrooms

1.2 persons

$10,942 x 1.2 = $13,130.40 per dwelling

 

11 x $13,130.40 =

$144,434.40

2 bedrooms

1.9 persons

$10,942 x 1.9 =

$20,219.80 per dwelling.

*Capped Rate $20,000 per dwelling.

29 x $20,000 =

$580,000

3 bedrooms

2.4 persons

$10,942 x 2.4 = $25,540.80 per dwelling.

*Capped Rate $20,000 per dwelling.

10 x $20,000 =

$200,000

 

 

 

TOTAL

$924,434.40

 

*N/B The reforms to Local Development Contributions have a cap of $20,000 per residential lot or per dwelling limitation on local development contributions.  The development site has four existing dwellings. For sites with an existing dwelling house (or houses) a credit is applicable which is capped at $20,000.00 per dwelling. The Section 7.11 Contribution credit for the existing dwellings is therefore $80,000.00. The required S7.11 contribution is calculated at: $924,434.40 – $80,000,000 = $844,434.40.

 

Reason: Statutory requirement.

 

6.   Disabled Access - Prior to the issue of the Construction Certificate, a report is to be provided from a suitably qualified access consultant to verify that the construction certificate plans illustrate a minimum 20% of units as adaptable and 80% as visitable in accordance with Lane Cove Development Control Plan 2010, including a mix of 1, 2 and 3 bedroom units and that the units comply with the Building Code of Australia and Australian Standards AS1428.1, AS4299, AS1735.12 and AS2890.6. The report is to be provided to the Principal Certifying Authority and Council (if Council is not the PCA).

 

Reason: To ensure accessibility requirements are met.

 

7.   Adaptable Units - A total of ten (10) adaptable apartments are to be provided within the development (G01, G05, G10, 105, 106, 205, 206, 305, 306 & 403).  These apartments are to comply with all of the requirements as outlined in AS4299. Details demonstrating compliance is to be provided on the relevant construction certificate plans. Prior to the issue of the Construction Certificate, a suitably qualified access consultant is to certify that the development achieves the requirements of A54299.

 

         Reason: To ensure compliance with Council’s requirements.

 

8.   Design Verification - Prior to the relevant Construction Certificate being issued with respect to this development, the Principal Certifying Authority is to be provided with a written Design Verification from a qualified designer. This statement must include verification from the designer that the plans and specification achieve or improve the design quality of the development to which this consent relates, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development. This condition is imposed in accordance with Clause 143 of the Environmental Planning and Assessment Regulation 2000.

 

Reason: Statutory requirement

 

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

 

a)      88 residential spaces (79 for residents and 9 for visitors) including 11 accessible spaces (10 for residents and 1 for visitors);

b)      9 visitor spaces including 1 accessible space;

c)      6 motorbike spaces;

d)      19 bicycle spaces.

 

         The applicant is encouraged to explore opportunities for additional secure bicycle parking spaces.

 

Reason: To ensure parking spaces are provided in accordance with the determination

 

BUILDING CONDITIONS

 

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

 

         Reason:  Statutory requirement.

 

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

 

A Completion Certificate is to be issued by either the Principal Certifying Authority or a qualified accredited Fire Safety Engineer, confirming that all identified Performance Solutions have been completed for the building PRIOR TO THE ISSUE OF A FINAL OCCUPATION CERTIFICATE.

 

Reason:  Statutory requirement

 

12.   (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:  Sydney Water requirement

 

13.   (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

            Reason:  Statutory requirement

 

14.   (24) 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.

 

            Reason:  Sydney Water requirement

 

15. (35) Construction Hours

 

            All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:-

 

        Monday to Friday (inclusive)   7am to 5.30pm 

                                                         High noise generating activities, including rock breaking and saw cutting be restricted between 8am to 5.00pm with a respite period between 12.00 noon to 1.30pm Monday to Friday

 

        Saturday                                  8am to 12 noon

                                                         with NO high noise generating activities, including excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N. 

 

Sunday      No work Sunday or any Public Holiday.

 

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

 

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

 

16. (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

 

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

 

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

 

Reason:  Safety and amenity

 

18. (57) Structural Engineer's details are to be submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

Reason:  Standard condition

 

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

 

a          Dampcourse level;

b          The roof framing; and

c          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:  Standard condition

 

20. (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:  Standard condition

 

21. (67)  Mechanical Rock Pick Machines

 

(a)        The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

(b)        Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

 

(1)        A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

 

(2)        The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

(3)        With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

 

(4)        The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Reason:  Safety and amenity

 

22. (86) An approved type of hoarding being erected along the street frontage.

 

 Reason:  Safety and amenity

 

23. (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

Reason:  Safety and amenity

 

24. (139) A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

         Reason:  Standard condition

 

25. (141) 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%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

         Reason:  Standard condition

 

26. Fire Safety Schedule  A “Fire Safety Schedule” specifying the fire safety measures that are proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Reason: Statutory requirement.

 

TREE PRESERVATION CONDITIONS

 

27. 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.

 

         Reason: To protect the natural environment.

 

28. Approval is granted for the removal of trees located on and adjoining the site strictly in accordance with the Arborist report prepared by Landscape Matrix dated January 2020. All other trees are to be retained and protected for the life of the development.

 

         Reason: Trees will be subject to intolerable levels of development impact.

 

29. Tree removals are to include the removal of all Ligustrum Spp. (Privet) irrespective of the impact proposed by the development. Privet removed are to be replaced with native, non-invasive species at a ratio of 1:1 and included in the landscape plan documentation.

 

Reason: To protect the natural environment.

 

30. Replacement trees are to be installed strictly in accordance with the Landscape Development Application Report prepared by iScapes dated January 2021, Planting Schedule page one of seven.

 

Reason: To provide replenishment planting for trees removed through the   development process.

 

31. Trees identified as tree 4 and tree 5 in the Arborist Report prepared by Landscape Matrix dated January 2021 are to be retained and protected for the life of the development.

 

Reason: To protect higher Value trees.

 

32. Retained trees are to be protected in accordance with the Tree Protection Specifications contained within the Arborist report prepared by Landscape Matrix dated January 2021 and the Landscape Plan prepared by iScapes dated January 2021 (page one of seven). All tree protection measures are to be included in the construction management plans and be available to all contractors on site. Tree protection is to be installed prior to the issue of the Construction Certificate.

 

         Reason: To protect the natural environment.

 

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

 

         Reason: To provide monitoring to retained trees to minimise development impact.

 

34. The Project Arborist is to attend the site prior to the removal of any trees and mark each tree approved for removal with coloured spray paint.

 

          Reason: To ensure no trees to be retained are damaged or removed.

 

35. The project Arborist is to attend site to inspect trees and at the following intervals. Each attendance is to be followed with written certification submitted to the Principal Certifier within five days of attendance.

 

a.   Prior to the commencement of any works to mark approved trees for removal.

b.   Prior to the commencement of works to approve tree protective measures have been installed.

c.   During the demolition of any structures within the TPZ area of retained trees.

d.   During the installation of structures approved within the TPZ area of any retained tree.

e.   Prior to and during the installation of services where required within the TPZ area of retained trees.

f.    Monthly intervals during the development works.

g.   Upon the completion of the development prior to the Occupation Certificate.

 

            Reason: To provide monitoring to retained trees to minimise development impact.

 

36. No services or structures are to be located within the Structural Root Zones of retained trees 4 and 5.

 

Reason: To minimise the development impact on retained trees.

 

37. Footing, trench or excavation that is within the Tree protection Zone of any retained trees, particularly tree 5, 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 pruned 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.

 

         Reason: To minimise the development impact on retained trees.

 

38. The Project Arborist is to submit a statement upon completion of the development that all retained trees have been maintained in a healthy, viable condition. The statement 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.

 

Reason: To provide monitoring to retained trees to minimise development impact.

 

39. All proposed footpaths are to be installed under the guidance of the project Arborist where located within the Tree Protection Zones of retained trees. No tree roots equal to or greater than 40 millimetres in diameter are to be damaged or severed unless approved by the Arborist it will be of no detriment to the tree.

 

          Reason: To minimise development impact on retained trees.

 

40. Pursuant to Section 80A(6)(a) and (7) of the Environmental Planning and Assessment Act 1979, the applicant must, prior to the issue of the construction certificate, provide security in the amount of $10,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to all trees that are standing in the public reserves immediately adjoining the land subject of this development consent. This bond may be forfeited in the event of damages to any of these trees because 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.

 

         Reason: To protect the natural environment.

 

41. The proposed development is to adhere to the following setbacks for tree number 5; proposed building 7.27 metres, basement 6.15 metres, and proposed courtyards 5.55 metres as assessed in the Arborist Report prepared by Landscape Matrix dated January 2021.

 

         Reason: To maintain a tolerable level of impact on retained trees.

 

42. No structures, stormwater, landscaping works are hard surfaces are to be installed within the 3-meter Structural Root Zone of tree number 5.

 

          Reason: To maintain a tolerable level of impact on retained trees.

 

ENGINEERING CONDITIONS

43.   (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

 

44.   (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

 

45.   (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

 

46.   (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

 

47.   (A5) Restoration: Public areas must be maintained in a safe condition always.

Restoration of disturbed Council land and assets is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

            Reason:          To maintain Council infrastructure

 

48. (A6) Public Utility Relocation: If any public services are to be adjusted, because of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

           Reason: To protect, maintain and provide utility services

 

49. (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

           Reason:     To ensure pedestrian access is maintained

 

50. (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 reconstructed or relocated to be clear of the proposed building works. Developer must lodge Stormwater Inspection Application form to Council. All costs associated with the reconstruction or relocation of the stormwater line are to be borne by the applicant. Applicant is not permitted to carry out any works on existing Council and private stormwater pipe lines without Council’s approval.

 

           Reason:            To protect public infrastructure

51. (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

 

52. (A10) 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. Note: The finished floor level of the proposed garage or carport shall be determined by Council.

 

           Reason:            To provide consistent street alignment levels

 

53. (A11) Work Zone: A Construction Traffic 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.  

 

Reason:          To provide safer working environment and minimize interruption to   pedestrians and motorists

 

54.   (D1) Excavation Greater Than 1m depth: Where (1) there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation and (2) in relation to the existing garage and brick fence located on (or near) the common boundary with 28 Pinaroo Place.

 

The applicant shall: -

(a)    seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties; including the removal of the existing garage and brick fence on the boundary with 28 Pinaroo Place.

(b)    detail what measures are to be taken to protect those properties from undermining during construction; and in order to retain the existing levels (on the 28 Pinaroo Place side of the common boundary) along the boundary with 28 Pinaroo Place.

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

 

The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.

 

  (d)    Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration, and the boundary condition with 28 Pinaroo Place. The dilapidation report must be prepared by a suitably qualified engineer.

 

(e)    In the event that access for undertaking the dilapidation report is denied by a relevant property owner or if access is denied by the owner of 28 Pinaroo Place, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority (PCA) that reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey. If these have failed, no such report is required.

 

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

 

All recommendations of the suitably qualified engineer are to be carried out during excavation. The applicant must give at least seven (7) days’ notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

Reason: To protect surrounding properties and identify vulnerable structures

 

55.   (D2) Drainage Plans Amendments: The stormwater drainage plan prepared by      ACOR

Consulting, reference No: CC200370, revision C and dated on 12.01.2021 is to be amended as detailed below by a qualified practicing hydraulic engineer and certified by him/her. This amended plan shall show full details of new pipe network amended as follows and satisfying part O of the Council’s stormwater DCP;

 

1.       Proposed drainage system should show pipe sizes and invert levels up to connection point; confirming pipe system satisfies part O of Council’ storm water DCP.

2.       The stormwater requirements shown in Basix certificate shall be included in stormwater management plan

3.       Clean out pits are required at all low points of charged drainage line if charged pipe system is proposed.

4.       Sediment control fence shall be placed around the construction site and shown in plan

5.       Subsoil agg-line drainage is required around proposed retaining wall, dwelling, or it is necessary and connected to proposed pump out system

6.       Only roof water is allowed to the proposed 10000 litre rainwater tank not stormwater. The rainwater tank shall be separated from OSD tank.

7.       It appears that OSD will surcharge into basement since TWL in OSD is 47.20 and OSD grate level is between 47.00 and 47.20. This shall be checked and rectified.

8.       Stormwater runoff from driveway shall be collected by grated driveway pit and connected to stormwater system

9.       Minimum of 1.8m height difference is required between start and end of the charged pipe system as per section 5.1 in Council DCP. The details of design level difference shall be shown in plan.

10.     The proposed storm water connection to kerb is not allowed. Council prefers to connect the storm water to a street inlet pit. In this case, developer must extend existing street drainage system from 14 Merinda Street up to the front of the site.

11.     A gross pollutant trap suitable for this site needs to be designed and added to the amended plans within the property boundary prior to the connection to the street system. The details of this GPT shall be shown in stormwater plan. The access to the GPT for future maintenance is required.

12.     The OSD calculation shall be based on the calculation shown in Appendix 14 in part O of Council’s stormwater DCP.

13.     OSD needs a suitable overflow path to street or to the pit P1. As per submitted plan, OSD overflow can enter into basement. It shall not re-enter the site via proposed driveway and must be directed to street or street system.

14.     Overflow details such as levels, width and depth shall be shown in plan.

15.     Orifice invert shall be shown in detail 1 and/or 2

16.     A plan with longitudinal section of the proposed pipe system from the site to the existing Council pit with relevant calculations are required for further assessment and/or approval. This plan should show pipe sizes, invert levels and existing surface levels to confirm that the pipe system satisfies Part O of the Council’s DCP Stormwater management.

17.     The pump out system in basement shall satisfy section 5.4 of part O of Council’s stormwater DCP. The full details of the hydraulic calculation for pump out system shall be included in stormwater management plan submitted to Council.

 

The amended design is to be certified that it fully complies with, AS-3500 and Part O of 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, for the issue of the Construction Certificate.

 

Reason:          To ensure the proposed stormwater designs meet and satisfy Part O of Council’s DCP

 

56.  (D3) Geotechnical Report: A geotechnical report is to be completed for the excavation proposed for the development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

 

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

 

  57. (D3) Drainage Construction: The stormwater drainage on the site is to be constructed  generally in accordance with approved plan. 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 of 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, for the issue of the Construction  Certificate.

 

            Reason:          To maintain the stormwater management of the property

 

 58.  (D4) Construction Methodology Report: There are structures on neighbouring properties  that are deemed to be in the zone of influence of the proposed excavations. A suitably  qualified engineer must prepare a Construction Methodology report demonstrating that the  proposed excavation will have no adverse impact on any surrounding property and  infrastructure. The report must be submitted to Principal Certifying Authority prior to issue of  a Construction Certificate. The details must include a geotechnical report to determine the  design parameters appropriate to the specific development and site. The report must   include recommendations on appropriate construction techniques to ameliorate any  potential adverse impacts. The development works are to be undertaken in accordance with  the recommendations of the Construction Methodology report.

 

           Reason:           To protect neighbouring properties

 

59.  (D5) Dilapidation Report The applicant is to provide a dilapidation report of all adjoining properties, roads 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.

 

In the event that access for undertaking the dilapidation report is denied by a relevant property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority (PCA) that reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey. If these have failed, no such report is required.

 

            Reason:          To provide a record of public and private infrastructure

 

60. (H1) Road Dilapidation Survey: The applicant is to prepare a dilapidation survey and a dilapidation report that includes details of the existing state of repair / condition of the road surface of [insert name of roads] and provide that survey and report to the Council prior to the issue of the first Construction Certificate.  Following completion of construction of the development and prior to the issue of the first occupation certificate, the applicant is to cause to be prepared a second dilapidation survey and a dilapidation report that includes details of all changes and damage caused to the surface of the said public roads as a consequence truck movement associated with the construction of the development. The Council may apply funds from the security deposits paid in favour of this consent to meet the cost of making good any damage caused to the surface of the said public road as consequence truck movements associated with the construction of the development to which the consent relates. The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers.

 

            Reason: To provide a record of Council’s infrastructure and protect them

 

61. (K1) Council Construction Requirements: The applicant shall construct/reconstruct the following to Council’s satisfaction;

1.       New footpath adjacent the entire frontage of the site to the Council’s satisfaction

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

3.       Construct the pedestrian access ramp at the intersection of Merinda St and Mindarie St

4.       Construction of new street drainage system along Merinda Street

5.       Reinstate all adjustments to the road surfaces.

6.       Reinstate all existing nature-strips with turf and soil on road reserve.

7.       Reinstate all damages identified in dilapidation report

 

            Reason:          In accordance with Council’s requirements to restore site

 

62. A $75,000.00 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.

 

            Reason:          In accordance with Council’s requirements to restore site

 

63. (K2) 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.

 

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

 

64.   (K4) Council Inspection Requirements: The following items are to be inspected

 

·           Proposed stormwater work on Merinda Street

·           All footpath, kerb/gutter, pram ramp and landscaping works

·           Any adjustment works in Council road reserve 

 

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 / set out requirements.

An Inspection fee ($205 for one inspection) is to be paid prior to the issue of the Construction Certificate.

 

  Reason:  To ensure completion of work satisfying Council

 

65.   (O1) Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to cover the registration of a Positive Covenant over the onsite detention system. Lodgement of this bond is required prior to the issue of the Construction Certificate

 

  Reason:   To protect stormwater infrastructure and confirm future maintenance

 

66.     (O3) 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 Council’s DCP-Stormwater management. An approved plate may be purchased from Council's customer service desk.

 

            Reason:  To ensure clear identification of onsite stormwater infrastructure

67. (O4) On-Site Stormwater Detention Tank: All access grates to the onsite stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

Reason: To prevent unauthorised access and ensure safe access to stormwater infrastructure

 

68. (R1) Rainwater Reuse Tanks: The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

 

Note:

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

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

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

§  Installation of rainwater tank shall be accordance with section O6 of part O of Council DCP.

 

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

69. (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The driveway opening width along at the face of kerb is to be no wider than 6m, in the interest of pedestrian safety. The driveway shall be 300mm away from existing power pole and existing stormwater pit. This driveway is to be designed to stop road runoff entering the property, to be certified that it fully complies with AS 2890 Series and Council's standards and specifications and constructed in accordance with AS 2890.1.2004 “Off Street Car Parking”.

 

The following plans shall be prepared and certified by a suitably qualified engineer demonstrating:

 

·    Longitudinal section along the extreme wheel paths of the driveway/access ramp at a scale of 1:20 demonstrating compliance with the scaping provisions of AS2890.1. It shall include all levels and grades, including those levels stipulated at boundary levels, both existing and proposed from the centre line of the roadway through to the parking area clearly demonstrated that the driveway complies with Australian Standards 2890.1-2004 “Off Street Car Parking”. This is to address the following;

 

a.  Transitional grades in accordance with AS2890 to be provided.

b.  If a gradient in excess of 25% is proposed, the engineer must certify that this design is safe and environmentally sustainable.

 

·    Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.1.

 

A ‘Construction of Residential Vehicular Footpath Crossing’ application, design and certification shall be submitted to the Principal Certifying Authority 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.

 

  Reason:   To ensure compliance with Australian Standards and Council’s standards

 

70.   (V4) Car Parking Certification: The plans and supporting calculations of the internal

driveway, turning areas, ramps, garage opening widths, parking space dimensions and any associated vehicular maneuvering facilities shall be submitted to the Principal Certifying Authority. 

 

The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.  

 

   Reason:  To ensure compliance with Australian Standards and Council’s standards

 

71.   (V5) Traffic Management Plan: Prior to submission to the principle certifying authority a traffic management plan is to be submitted to and approved by the following consent authorities,

 

·  Lane Cove Council

 

The traffic management plan shall be prepared and certified by a suitably qualified person. The plan is to fully comply with AS-1742.3 and the consent authority’s requirements.

 

The plans and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

  Reason:   To ensure safety of pedestrian and motorist around work site

 

72. (V6) Temporary Footpath Crossing:  A temporary footpath crossing must be provided at the Vehicular access points. It is to be 1.5m in width, made of sections of hardwood with chamfered ends and strapped with hoop iron.

 

  Reason:   To ensure safety vehicular movement to and from site

73. (V7) Splay of Front Fence: The front fence is to have a 1x1m splay on both sides of the driveway to maintain pedestrian sight lines. Plans showing this amendment to the proposed design are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate; all associated works are to be completed prior to the issue of the Occupation Certificate.

 

  Reason:   To ensure good visibility

 

 

74. (T1) Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 

 

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

 

75. (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

 

76. (D7) Safety fence along the boundary of the property: Before commencement of any works, barrier or temporary fencing is to be provided along the full frontage of the property. This fence is for the safety of pedestrians on the public footpath.

 

   Reason:    To ensure safety of road and footpath users

 

77.   (H3) 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.

 

Reason: To protect the environment

 

78.   H5) Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors.

 

Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

 

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

 

79. (H4) 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.

 

  Reason:   To protect the environment

 

80. (D6) Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out in accordance with the relevant Australian Standards and Codes of Practice. The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.

 

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

81. (M1) 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 of Council’s DCP-Stormwater Management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:

 

(a)     Be signed by a registered surveyor, and

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

 

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

 

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

 

82. (M3) Engineering Certification: A suitably qualified engineer shall certify that following has been constructed in accordance with the approved plans and is within acceptable construction tolerances.

 

·    OSD system

·    Pump out system

 

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

 

Reason:     Statutory requirements

 

83. (M4) Engineering Note: All engineering compliance certificates are to contain the following declarations:

 

a.       This certificate is supplied in relation to 2- 4 Merinda Street and 24 – 26 Mindarie Street Lane Cove North.

b.       [INSERT NAME OF ENGINEER AND COMPANY] have been responsible for the supervision of all the work nominated in (a) above.

c.       I have carried out all tests and inspections necessary to declare that the work nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d.       I have kept a signed record of all inspections and tests undertaken during the works and can supply the Principal Certifying Authority with a copy of such records and test results if and when required.

 

  Reason:          Statutory requirement

 

84. (O2) Positive Covenants OSD and Pump Out System:  Documents giving effect to the creation of a positive covenants over the on-site detention system and over the basement pump out system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wordings of the terms of the positive covenants shall be in accordance with Part O Council’s DCP-Stormwater Management.

 

Reason:          Statutory requirements

RURAL FIRE SERVICE CONDITIONS

 

85.   Asset Protection Zones

The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting firefighting activities. To achieve this, the following conditions shall apply:

 

From the start of building works, and in perpetuity to ensure ongoing protection from the impact of bush fires, the entire property must be managed as an inner protection area (IPA) in accordance with the requirements of Appendix 4 of Planning for Bush Fire Protection 2019. When establishing and maintaining an IPA the following requirements apply:

 

- tree canopy cover should be less than 15% at maturity;

- trees at maturity should not touch or overhang the building;

- lower limbs should be removed up to a height of 2m above the ground;

- tree canopies should be separated by 2 to 5m;

- preference should be given to smooth barked and evergreen trees;

- large discontinuities or gaps in vegetation should be provided to slow down or break the progress of fire towards buildings;

- shrubs should not be located under trees;

- shrubs should not form more than 10% ground cover;

- clumps of shrubs should be separated from exposed windows and doors by a distance of at least twice the height of the vegetation.

- grass should be kept mown (as a guide grass should be kept to no more than 100mm in height); and

- leaves and vegetation debris should be removed.

 

      Reason: RFS requirement

 

86.   Construction Standards

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: New construction, other than the western and northern elevations, must comply with section 3 and section 7 (BAL 29) Australian Standard AS3959-2018 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 7.5 of Planning for Bush Fire Protection 2019.

New construction of the western and northern elevations must comply with section 3 and section 6 (BAL 19) Australian Standard AS3959-2018 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 7.5 of Planning for Bush Fire Protection 2019.

 

Reason: RFS requirement

 

87.   Water and Utility Services

The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting firefighting activities. To achieve this, the following conditions shall apply:

 

-         The provision of water, electricity and gas must comply the following in accordance with Table 5.3c of Planning for Bush Fire Protection 2019:

-         reticulated water is to be provided to the development where available;

-         fire hydrant, spacing, design and sizing complies with the relevant clauses of Australian Standard AS 2419.1:2005;

-         hydrants are and not located within any road carriageway;

-         reticulated water supply to urban subdivisions uses a ring main system for areas with perimeter roads;

-         fire hydrant flows and pressures comply with the relevant clauses of AS 2419.1:2005;

-         all above-ground water service pipes are metal, including and up to any taps;

-         where practicable, electrical transmission lines are underground;

-         where overhead, electrical transmission lines are proposed as follows:

 

a)      lines are installed with short pole spacing (30m), unless crossing gullies, gorges or riparian areas; and

b)      no part of a tree is closer to a power line than the distance set out in accordance with the specifications in ISSC3 Guideline for Managing Vegetation Near Power Lines.

 

-         reticulated or bottled gas is installed and maintained in accordance with AS/NZS 1596:2014 and the requirements of relevant authorities, and metal piping is used;

-         reticulated or bottled gas is installed and maintained in accordance with AS/NZS 1596:2014 The storage and handling of LP Gas, the requirements of relevant authorities, and metal piping is used;

-         all fixed gas cylinders are kept clear of all flammable materials to a distance of 10m and shielded on the hazard side;

-         connections to and from gas cylinders are metal; polymersheathed flexible gas supply lines are not used; and

-         above-ground gas service pipes are metal, including and up to any outlets.

 

Reason: RFS requirement

 

WASTE CONDITIONS

 

88. A minimum clearance height of 2600mm on the lower ground is required to ensure the accessibility of an SRV waste vehicle. The path of travel is to be shown free of all encumbrances i.e. service pipes, exit signs, sprinklers etc. Please provide amended plans to Council for approval which demonstrate these specifications can be met prior to the issue of a Construction Certificate. Swept paths for waste truck movements for an SRV are to be provided to Council for approval prior to the issue of a Construction Certificate.

 

   Reason: Waste requirement.

 

89. Access to Waste Collection Point -

The plans submitted with the construction certificate application shall include the following to the satisfaction of the Principal Certifying Authority:

 

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

b)      The minimum finished ceiling height must be 2.6m along the path of travel from the street to the residential waste and recycling collection point and maneuvering area. This clearance must be kept free of any overhead ducts, services and other obstructions.

c)      The maximum grade of any access road leading to the waste and recycling point must not be more than 1:5 (20%). The running area at the base of any ramp must be sufficient for the manoeuvre of a 6.64m rigid vehicle to enter and exit the building in a forward direction.

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

   Reason: Waste requirement.

 

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

 

    Reason: Waste requirement.

 

91. Internal Waste Management

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

 

   Reason: Waste requirement.

 

HEALTH CONDITIONS

 

92. 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.

 

      Reason: Safety and Amenity

 

93. 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.

 

Reason: Safety and Amenity

 

94. 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).

 

Reason: Safety and Amenity

 

95. Site Water Management Plan -  A site water management plan is to be submitted to Principal Certifying Authority for approval prior to the issue of a Construction Certificate. 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.

 

Reason: Safety and Amenity

 

96. 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.

 

          Reason: Safety and Amenity

 

97. 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

 

   Reason: Safety and Amenity

 

98.   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.

 

Reason: Safety and Amenity

 

99.  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.

 

Reason: Safety and Amenity

 

100.   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).

 

Reason: Safety and Amenity

 

101.   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.

 

Reason: Safety and Amenity

 

102.   Building Manager/Caretaker - A building caretaker is to be engaged (part or fulltime) for managing domestic waste and recycling and booking of bulky waste collections.

         

Reason: Safety and Amenity

 

103.   Clean Water only to Stormwater System - Only clean unpolluted water is permitted to enter Council’s stormwater drainage system.

 

Reason: Safety and Amenity

 

104.   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.

 

Reason: Safety and Amenity

 

105.   A Construction Noise Management Plan is to be submitted for approval to Council’s

  health officer prior to the issue of a Construction Certificate.

 

Reason: Safety and Amenity

 

   106.  An environmental management plan for the construction phase of the development that addresses – sediment and erosion controls, dust management and treatment and disposal of rain/groundwater water from excavated areas. The plan is to be submitted for approval to Council’s health officer prior to the issue of a Construction Certificate.

 

Reason: Safety and Amenity

 

LANDSCAPING CONDITIONS

 

107. Landscaping works are to be carried out in accordance with:

·    Landscape plans 193.20/448A, 449A, 450A (dated 10.02.21 and 451- 454; prepared by Iscape Landscape Architecture and dated January 2021;

·    Landscape Specification prepared by Iscape landscape Architecture dated December 2020.

 

The landscape works shall be completed PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE.

 

Reason: Landscaping requirement

 

 

108.   All trees proposed to be planted along the street frontages of Merinda and Mindarie Street must be planted within a structural root cell system (such as Strata Vault by City Green or approved equivalent). Specific soil profile for the species of trees proposed must be provided and certified by a professional and approved Landscape supply company. 

 

Reason: Landscaping requirement

 

109.   Given the close proximity to the bushland, the proposed plant species Lomandrafluviatilis and Lomandra ‘Seascape’ must be replaced with another species on Council’s Approved Plant List found on Council’s website. This measure is to ensure no seed spreads and germinates into the bushland along ‘Stringybark Creek’.

 

Reason: Landscaping requirement

 

  110.   The proposed garden beds shall be easily maintained by providing adequate access for workers and equipment.

 

Reason: Landscaping requirement

 

111.   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. 

 

Reason:  To ensure the ongoing health and vitality of the plants during the establishment period.

 

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

 

Reason: Landscaping requirement

 

TRAFFIC AND TRANSPORT CONDITIONS

113. Parking and Servicing

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

B.   The access to the car park shall comply with Australian Standards. AS 2890.1-2004.

C.  Visibility requirements of the proposed access must comply with AS 2890.1-2004.

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

E.   On site garbage collection must be provided for with sufficient headroom of a minimum of 2.6m in accordance with AS2890.2: 2002 and to allow the small ridged vehicle (SRV) to enter and exit in a forward direction. The waste collection and holding area is to be clearly signposted and line marked.

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

G.  Motorcycle parking space to be sign posted and adequately line marked.

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

Reason: Traffic management requirement

 

114. Pedestrian/Cycling Access

All cycling racks and secure bike parking provided on-site must meet the minimum standards as outlined in Section 4.3 in Part R of the DCP and designed in accordance with AS 2890.3: 2015. Alternative designs that exceed the Australian Standards will also be considered appropriate.

 

The bicycle facilities are to be clearly labelled, and advisory/directional signage is to be provided at appropriate locations.

Reason: Traffic management requirement

 

115. Construction Traffic Management Plan

A Construction Management Plan must be lodged with Council prior to the issuing of a Construction Certificate. As per DCP Part R, the Construction Management Plan should address (but not necessarily be limited too) issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles, and any conflict with other road users in the street including public transport. Heavy vehicles will not be permitted to travel on local roads unless prior Council permission is obtained from Council’s Traffic section. Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of preparation of the Construction Traffic Management Plan. 

 

The Construction Management Plan should specify proposed Work/Construction Zones and the impact of the construction traffic activities to all road users including pedestrians and cyclists. The Construction Management Plan may contain issues requiring the attention and approval of the Lane Cove Traffic Committee (LTC). The Construction Management Plan should also assess and address the impact of construction vehicles travelling through the surrounding road network.

 

Reason: Traffic management requirement

 

116. Demolition Traffic Management Plan As a result of the site constraints, limited vehicle access and parking, a Demolition Traffic Management Plan (DTMP) and report shall be prepared by an Transport for NSW accredited person and submitted to and approved by Council prior to commencing any demolition work.

The DTMP must:-

 

i. Make provision for all construction materials to be stored on site, at all times.

ii. Specify construction truck routes and truck rates. Nominated truck routes are to be distributed over the surrounding road network where possible.

iii.Provide for the movement of trucks to and from the site, and deliveries to the site. Temporary truck standing/ queuing locations in a public roadway/ domain in the vicinity of the site is not permitted unless a Works Zone is approved by Council.

iv.Include a Traffic Control Plan prepared by an RMS accredited ticket holder for any activities involving the management of vehicle and pedestrian traffic.

v. Specify that a minimum seven (7) days notification must be provided to adjoining property owners prior to the implementation of any temporary traffic control measures.

Include a site plan showing the location of any site sheds, location of requested Work Zones, anticipated use of cranes, structures proposed on the footpath areas (hoardings, scaffolding or temporary shoring) and extent of tree protection zones around Council street trees.

i. Take into consideration the combined construction activities of other development in the surrounding area. To this end, the consultant preparing the DTMP must engage and consult with developers undertaking major development works within a 250m radius of the subject site to ensure that appropriate measures are in place to prevent the combined impact of construction activities. These communications must be documented and submitted to Council prior to work commencing on site.

ii. The DTMP shall be prepared in accordance with relevant sections of Australian Standard 1742 – “Manual of Uniform Traffic Control Devices”, RMS’s Manual – “Traffic Control at Work Sites”.

NOTE:  This condition is to ensure public safety and minimise any impacts to the adjoining pedestrian and vehicular traffic systems. The DTMP is intended to minimise impact of construction activities on the surrounding community, in terms of vehicle traffic (including traffic flow and parking) and pedestrian amenity adjacent the site.

Reason: Traffic management requirement

 

117. 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

 

Reason: Traffic management requirement

 

Panel Reasons

·        In considering the request for exemption from the building height standard, the Panel notes that the non-compliant aspects of the building will create no additional impact on the residents in the adjoining E4 zone.

·        While the Panel notes the concerns of the submitters in relation to overshadowing, privacy and overlooking, it is considered that the additional setbacks provided to the E4 boundary, along with deep soil planting, will mitigate against potential impacts.

·        While there are various ways to deal with the transition between two zones in circumstances such as this development, the Panel acknowledges that the Lane Cove Development Control Plan (DCP) and the Apartment Design Guide (ADG) provide for additional boundary setbacks to provide the transition. The development complies with both the DCP and ADG requirements in this regard.

·        Following the Meeting, the applicant, Council staff and one of the neighbouring property owners discussed some additional measures to reduce the potential for overlooking and for protection of an existing retaining wall on or near the common boundary.  The applicant has agreed to a new condition requiring opaque glass balustrades to be fitted to the eastern perimeters of balconies of units 108, 208 and 308 and to amendments to condition 54 to clarify their obligations in respect of protection of infrastructure on the adjoining land.   The Panel considers that the additional conditions are reasonable and it is pleasing to see some co-operation between the applicant and their neighbour.

 

The decision of the Panel was unanimous.

 

The meeting closed at 6.00pm

 

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