Lane Cove Council
Planning and Building Committee
DATE OF MEETING:
7 May 2007
All minutes are subject to confirmation at a subsequent meeting and may be amended by resolution at that meeting.
Lane Cove Council business papers and minutes are available on Council’s website www.lanecove.nsw.gov.au
Councillor T. Lawson (Chair), Councillor A. Smith, Councillor R. D’Amico, and Clr K. Freedman. Councillor Longbottom joined the meeting at 8:26pm
Executive Manager Environmental Services and Chief Executive Sectetary.
RESOLVED on the motion of Councillors Longbottom and D'Amico that given the age of the existing dwelling and the internal configuration of rooms, Council considers that the minor excess in floor space ratio (13 squ m) above the .5 maximum is considered exceptable in this circumstance and as such approves the amended application to carry out alterations and additions to the dwelling pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 and subject to the following conditions:-
1. (20) That the development be strictly in accordance with drawing numbers 06114- 1A, 2A dated September 06 by B. Bullen and 06-63 dated 5.9.06 by Base Surveying.
2. (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.
3. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.
4. (137) Lane Cove Council charges a fee of $30 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.
5. (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre 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. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone
13 20 92.
The consent authority or a private accredited certifier must:-
· Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
6. (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6. Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.
7. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.
8. (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-
Monday to Friday (inclusive) 7.00am to 5.30pm
Saturday 7.00am to 4.00pm
No work to be carried out on Sundays or any public holidays.
9. (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath. Such balustrading is to have a minimum height of 1 metre. Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.
10. (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath. The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.
11. (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.
12. (49) Under the Home Building Regulation 1997, a signboard must be erected on the site in a prominent position indicating in clear and legible characters the following information:-
· The name of the Licensee shown on the licence;
· The words "Licensed Contractor” or words to that effect;
· The number of the Licence held by the Licensee;
· Such signboard not to exceed 900 mm x 600 mm.
13. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.
14. (52) The swimming pool being surrounded by a fence:-
a) That forms a barrier between the swimming pool; and
i) any residential building or movable dwelling situated on the premises; and
ii) any place (whether public or private) adjacent to or adjoining the premises; and
b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard 1926-1976, "Fences and Gates for Private Swimming Pools".
SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.
15. (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times. The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".
16. Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process. Forty eight (48) hours notice must be given prior to the inspection being required:-
a) The pier holes/pads before filling with concrete.
b) All reinforcement prior to filling with concrete.
c) The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.
d) Framework including roof and floor members when completed and prior to covering.
e) Installation of steel beams and columns prior to covering
f) Waterproofing of wet areas
i) Stormwater drainage lines prior to backfilling
17. Standard Condition (57) Structural Engineer's details being submitted to Council and approved PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-
d) reinforced concrete work;
e) structural steelwork;
f) upper level floor framing.
18. (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads. Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
19. (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron and having an approved anti-glare finish.
20. (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Construction Safety Act and the Regulations.
21. (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.
This requirement is satisfied by:-
(a) Smoke alarms installed in—
(i) Class 1a buildings in accordance with 220.127.116.11 of the Building Code of Australia; and
(ii) in Class 1b buildings in accordance with 18.104.22.168 and 22.214.171.124 of the Building Code of Australia
(b) Smoke alarms complying with AS 3786.
(c) Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.
Location – Class 1a buildings (dwellings)
Smoke alarms must be installed in a Class 1a building on or near the ceiling in:
(a) any storey containing bedrooms
(i) between each part of the dwelling containing bedrooms and the remainder of the dwelling; and
(ii) where bedrooms are served by a hallway, in that hallway; and
(b) any other storey not containing bedrooms.
22. (79) Compliance with Australian Standard 2601 - The Demolition of Structures.
23. (130) Compliance with the Waste Management Plan approved under this application.
General Engineering Conditions
24. 200 Design and Construction Standards. All engineering plans and work shall be carried out in accordance with the requirements as outlined within Council’s publication Requirements for Engineering Works and relevant Development Control Plans except as amended by other conditions.
Engineering Conditions to be complied with Prior To Construction Certificate
25. 207 Footpath Damage Bond. The applicant shall lodge with Council a $600 cash bond or bank guarantee to cover damage to Council's roads, footpaths, kerb and gutter, drainage or other assets. Lodgement of this bond is required prior to the issue of the construction certificate.
26. 228 Control of Stormwater Runoff. The stormwater runoff from the proposed development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s standards and specifications for stormwater drainage. Details of the location of the new stormwater line/s and the point of connection to the existing system, are to be provided on the documentation, which is to be submitted and approved at the Construction Certificate stage.
Any elements of the existing stormwater system, that are to be utilised are to be checked and documented by a suitably qualified, practicing, plumber or hydraulic engineer, and if found to be satisfactory, they can be certified, as being in good working order. Where an existing element does not comply with current standards, or not in “good working order” then the subject element is to be replaced.
27. 246 Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by LANDCOM ‘Fourth Edition 2004, Volume 1’. These devices shall be maintained during the construction works and replaced where considered necessary.
The following details are to be included in drawings accompanying the Erosion and
Sediment Control Plan:
· Location and design criteria of erosion and sediment control structures,
· Site access point/s and means of limiting material leaving the site
· Means of diversion of uncontaminated upper catchment around disturbed areas
· Procedures for maintenance of erosion and sediment controls
· Details and procedures for dust control.
Engineering Conditions to be complied with Prior to Commencement of Construction
28. 201 Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment.
29. 202a Materials on Roads and Footpaths. Where the applicant / development requires the use of the public footway for placement of building waste containers, skips and or storage of material on the roadway or footpath a formal application is to be made. A separate application shall be made to Council’s Urban Services Division for approval, including payment of relevant fees, for the placement of building waste containers, skips and or storage of material on the roadway or footpath. The roadway or footpath is not to be occupied or used for storage until such application is approved.
30. 222 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’.
31. 249 Sediment and Erosion Control. The applicant shall install appropriate sediment control devices prior to any disturbance of the existing site. The devices are to be installed in accordance with an approved plan. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is Imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.
Engineering Condition to be complied with Prior to Occupation Certificate
32. 254a Certificate of Satisfactory Completion. Certificates from a registered and licenced Plumber, or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority, prior to (a) issue of any Occupation Certificate, or (b) Occupancy or use of the development.
Confirming that all relevant sections of the existing drainage system are in good working order and complies with Council’s requirements and relevant codes and standards, and Confirming that all new elements the site drainage servicing the development comply with the approved construction plan requirements and Lane Cove Council’s ‘standards and specification for stormwater drainage’.
Confirming all works have been completed in accordance with the issued Construction Certificate and other relevant approvals and in accordance with the Conditions of this determination.
The Certificates are to state that the construction of the above items complies with the approved construction plan requirements and any relevant elements from Lane Cove Council’s ‘standards and specifications for stormwater drainage’. (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council with the subject documentation).
33. (300) A Tree Preservation Order applies in the Lane Cove local government area. The order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this order is up to One million one hundred thousand ($1,100,000). The co-operation of all residents is sought in the preservation of the bushland character of the Municipality. All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.
34. (301) Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune those trees identified on the approved plans to be removed or pruned for construction.
35. (302) The protection on site, without damage, of all existing trees, excepting those shown in the approved plan to be removed or pruned. Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.
RESOLVED on the motion of Councillors D'Amico and Smith that the applicant erect height poles to the satisfaction of the Executive Manager Environmental Services and that Council Delegate Authority to the General Manager to determine the application should he be satisfied the degree of view loss is reasonable in the circumstances.
A. Council as the consent authority pursuant to section 80 (1) (a) of the Environmental Planning & Assessment Act 1979 grant consent to the Section 96 Application No. 108/06A for the strata subdivision of the motel complex at 194 Pacific Highway, Greenwich, subject to the following conditions:
1. Amended: (20) That the development be strictly in accordance with drawing number 1,2, 3,5,6,7,8 dated 19 December 2005 and drawing number 4 dated 25 January 2006 by Denny Linker and Co. Surveyor.
2. (137) Lane Cove Council charges a fee of $30 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.
3. (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.
4. (27) The submission for Council's approval and endorsement where necessary, of all instruments creating restrictive covenants including height restrictions, building lines, drainage easements and rights-of-way prior to release of the subdivision certificate.
5. (28) Submission of final linen plans (plus 5 copies) and S88B Instrument (plus 5 copies) prepared by a registered surveyor.
6. (29) The Linen Plan or subdivision certificate will only be released by Council upon satisfactory compliance with the requirements of conditions Nos. 1-5 and 7-11, and subject to the Linen Plan being substantially in accordance with the approved Plan of Subdivision.
Strata title motel rooms shall be used for short term accommodation purposes
and in conjunction with the approved land use being a motel complex. The site
shall not be used for serviced apartments or for a
8. On site car parking spaces shall be used solely for the motel occupants and staff employed on the property. The leasing of the car parking area to external users is prohibited. The car park shall remain as common property in the strata plan and shall be managed by the Owners’ Corporation.
9. Submission to Council of a copy of the proposed Strata Management agreement that outlines how the management of the units for short term accommodation will be implemented. The agreement to be provided to Council prior to release of the Linen plans of subdivision.
10. Separate kitchens and laundry facilities shall not be provided to any of the motel rooms.
11. No separate electricity, gas and water meters are to be provided for any strata titled allotment. Only one common metered facility to be provided for the complex.
12. Prior to the execution of the Plan of Subdivision by the Principal Certifying Authority, all consent conditions for DA 193 / 05, (being the DA for the refurbishment for the motel), are to be completed or addressed and the Final Certificate of Occupancy is to be issued, (for DA 193 / 05).
B. A notation be included on all s149
Certificates for the property, advising that the “The Strata title motel
rooms shall be used for short term accommodation purposes and in conjunction
with the approved land use being a motel complex. The site shall not be used for serviced
apartments or for a
The motion was carried unanimously.
CONFIRMATION OF MINUTES OF Planning and Building Committee Meeting - 16 APRIL 2007
RESOLVED on the motion of Councillors Longbottom and Smith that the minutes of the Planning and Building Committee Meeting held on the 16 April 2007 be received.
The was carried unanimously.
RESOLVED on the of Councillors Longbottom and Smith that the minutes of the Planning and Building Committee Meeting held on the 16 April 2007 be confirmed.
The was carried unanimously.
The meeting closed at 9:22PM.
Confirmed at the Planning and Building Committee Meeting of 21st May 2007, at which meeting the signature herein is subscribed.
********* END OF MINUTES *********
MEETING FILE REF: Document2