Planning and Building

Committee Meeting

17 March 2008



Notice of Meeting


Dear Councillors


Notice is given of the Planning and Building, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 17 March 2008 commencing at 8:00PM. The business to be transacted at the meeting is included in this business paper.


Yours faithfully

Peter Brown

General Manager


Committee Meeting Procedures


The Planning and Building Committee meeting is chaired by Councillor Rick D’Amico. Councillors are entitled to one vote on a matter. If votes are not unanimous the delegations of the Committee require that the matter be referred to Council for determination. Minutes of Council and Committee meetings are published on Council’s website wwww.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.


The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless the Committee resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items of the agenda.


Members of the public may attend the Meeting and address the Committee on any issue.   Speakers and Councillors will not enter into general debate or ask questions.


If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.


Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.





Planning and Building Committee 17 March 2008
















Environmental Services Division Reports


2.       Environmental Services Division Report No. 103

SUBJECT: 12 Chisholm Street, Greenwich


3.       Environmental Services Division Report No. 21

SUBJECT: Delegated Authority Report - February 2008






Planning and Building Committee Meeting 17 March 2008


Environmental Services Division Report No. 103






Reference:    Environmental Services Division Report No. 103

Subject:          12 Chisholm Street, Greenwich    

Record No:    da07/302 - 7869/08

Author(s):       Rajiv Shankar 



Property:                     12 Chisholm Street, Greenwich.


DA No:                         D302/07


Date Lodged:              8 October 2007


Cost of Work:              $480 000


Owner             :                       H Inkson


Author:                         Rajiv Shankar




Demolition of existing first floor, swimming pool and front fence and  alterations and addition to existing dwelling house including first floor addition, swimming pool, carport and front fence.


Residential 2(a2)










Class 1a & 10b




Neighbours                   13, 15, 17, 19 Vista St, 8, 10, 14, 16, 16A Chisholm St,  72 Greenwich Road.

Ward Councillors         Clr R D’Amico, Clr R Tudge, Clr T Lawson.

Progress Association  Greenwich Community Association.




The application is being referred on the request of Councillor Longbottom, to allow Councillors to consider the roof terrace.




The site is located on the eastern side of Chisholm Street. The site is rectangular in shape with front and rear boundaries of 14.515m & 13.73m respectively and the northern and southern side boundaries of 45.48m and 49.65m respectively. The site falls away from the street.

The site features a two storey brick and tile dwelling house with a detached outbuilding along the northern side boundary towards the rear. There is an existing swimming pool towards the rear. There is a street tree which is not proposed for removal. There is a tree along the rear boundary which is indicated for removal.


Neighbouring to the north is a two storey brick dwelling house and towards the south is a two storey dwelling house.  Original Site Plan and amended Site Plan (not renotified) attached AT1 and AT2.  Neighbour Notification Plan AT3.




The proposal is for the demolition of:

o  The existing first floor portion of the two storey dwelling house.

o  The existing swimming pool towards the rear.

o  Existing Front Fence.


The proposal includes:

o  Alterations to the existing ground floor.

o  First Floor addition.

o  Roof top terrace over the first floor addition with stair access.

o  A swimming pool towards the rear of the property.

o  Carport towards the front of the dwelling house.

o  Front Fence.




D278/92- Old Building application




Site Area (653.07m2)





Floor Space Ratio  (max)




Soft Landscaped Area              (min)




Side Boundary Setback (min)

1330mm (Existing/unchanged)



Overall Height (m)  (max)




Ceiling Height (m) (max)

8.8M (stair roof)



No of Storeys

3 (stair roof)



Building Line  (max)




Foreshore Building Line (min)




Cut and Fill   (max)




Deck/Balcony width (max)

Ist Floor rear balcony

Roof Terrace




3m (if elevated by >1m)




Solar Access  (min)


3 hours to north elevation













Building Line    (min)




Proportion of Allotment Width


50% or 6m, whichever is the lesser


Setback of Posts (min)











Height (max)


1800mm (see through fences)


% Open Where > 900mm in Height  (min)

50% (as a condition of consent)



Setback From Front Boundary if >900mm in height (min)

50% open (as a condition of consent)

No required



Width of the gate is more than 4.5m. Therefore splays not required.










Concourse Edge to Neighbour’s House  (min)




Setback from boundary if concourse is <500mm above natural ground level  (min)


900mm -from internal face of pool

450mm from edge of concourse






Manager Assets


No objection expressed subject to conditions.


Manager Parks


No objection expressed subject to conditions.


79 (C)(1)(a)  The provisions of any Environmental Planning Instrument


Lane Cove Local Environmental Plan 1987


The subject site is zoned Low Density Residential 2 (a2) under the provisions of Lane Cove Local Environmental Plan 1987.  The proposal is permitted with development consent of Council.


Draft Lane Cove Local Environmental Plan 2007


There are no additional provisions that need to be considered with respect to the draft LEP.


Lane Cove Code for Dwelling Houses – September 2000


As indicated in the policy compliance table, the proposal complies with all provisions of the code except:

o  maximum ceiling height,

o  number of storeys,

o  width of the roof terrace. 




Variations to Council’s Codes/Policies


The proposal does not comply with the provisions for maximum ceiling height, number of storeys and width of the roof terrace, however the proposal is considered acceptable with the following amendments.


(a)  The portion of stair from the first floor, leading up to the roof terrace, is deleted as a condition of consent.

(b)  The proposed roof terrace is deleted as a condition of consent.


Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (the SREP) and Sydney Harbour Foreshores and Waterways Area Development Control Plan for the SREP (the DCP)


The SREP aims to recognise, protect, enhance and maintain the catchment, foreshores and waterways and islands of Sydney Harbour and to achieve a high quality and ecologically sustainable urban environment.  Part 3 of the SREP addresses the Foreshores and Waterways Area.  Within Part 3, Division 2 sets out Matters for consideration which Council is to consider in assessing new development.  Of the clauses 20-27 listed for consideration, the location of the proposed works would not raise any significant issues.


Under the DCP the proposed works are Land Based Development and therefore subject to Section 5.  For the same reasons as given for the SREP, the proposed works would not raise any significant issues in relation to the two relevant sub-sections, i.e. 5.3 (Siting of buildings and structures) and 5.4 (Built form).


79C(1)(b)  - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.


It is considered that the proposed development is unlikely to adversely impact on the residential amenity of the locality and is in keeping with the scale and character of contextual development.


Adjoining development comprises a single storey dwelling house towards the south and two storey dwelling house towards the north. The proposal is compatible with surrounding dwelling houses and is complementary to the existing built form.


It is therefore considered that the proposed development is unlikely to significantly impact on the streetscape and adjoining and surrounding development.




A roof top terrace over the first floor has been proposed. The terrace is accessible through a permanent staircase from the first floor. The size of the proposed roof terrace is 3.5m X 4.5.m. It is considered that the terrace can be used for entertainment purposes. Furthermore the terrace has a potential to overlook on the adjoining properties which would impact adversely upon the residential amenity of the adjoining properties in terms of visual and acoustic privacy. Therefore, the roof top terrace, along with the stair access, is not supported and it is considered should be deleted as a condition of consent.


Section 79C(1)(c) - The suitability of the site for the development.


The proposal maintains the residential use of the site. Accordingly the site is considered suitable with respect to the proposed development.


Section 79C(1)(d) - Any submissions made in accordance with this Act or Regulations.


The proposal was advertised in accordance with Council’s policy of Community Consultation. No submissions were received.


Section 79C(1)(e) - The public interest.


With the exception of the proposed roof terrace, the proposed development is considered satisfactory with respect to design objectives and provisions under Council’s Code for Dwelling Houses




The application has been assessed having regard to the relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The proposal, without the proposed roof terrace, is considered to be satisfactory subject to the following conditions. The matters under Section 79C of the EP&A Act have been considered and are considered to be adequate and satisfactory.





That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D302/07 for demolition of existing first floor, swimming pool and front fence and alterations and addition to existing dwelling house including first floor addition, new swimming pool, carport and front fence at 12 Chisholm Street, Greenwich subject to the following conditions.


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

o  A1 Rev (A) dated January’ 08 by Mitchell Partners, Architects.

o  A2 dated September’ 06 by Mitchell Partners, Architects.


2.         The gaps within the horizontal members of the front fence and the gates shall not be less than the width of the horizontal members.


3.         The portion of stair from the first floor leading up to the roof terrace is to be deleted. Amended plans are to be submitted prior to issue of the Construction Certificate.


4.         The proposed roof terrace is to be deleted. Amended plans shall be submitted prior to the issue of the Construction Certificate. 


5.         The roof of the dwelling house is to be amended to a continuation of the roof profile, excluding the roof terrace.


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


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


8.         (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.


9.         (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.


10.       (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.


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


12.       (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.


13.       (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.


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


15.       (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.


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

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

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

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

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


17.       (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.


18.       (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".




19.       (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.


20.       (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".


21.       (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".


22.       (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.


23.       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

g)         Pool reinforcement prior to placement of concrete.

h)         The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

i)          Stormwater drainage lines prior to backfilling

j)          Completion.


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


c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

g).        pool structure.


25.       (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.


26.       (61)  All timbers complying with Timber Framing Code AS 1684-79.


27.       (62) All glazing is to comply with the requirements of AS 1288.


28.       (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.


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


a          foundation stages of front fence, pool and carport;

b          The establishment of the first floor level;

c          The roof framing; and

d          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.


30.       (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 details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.


31.       (67) 

(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), consideration will be given to the use of rock pick machines and may be approved by Council subject to:-


(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.




32.       (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 of the Building Code of Australia; and

            (ii)        in Class 1b buildings in accordance with and 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.


Location – Class 1b buildings


In a Class 1b building, smoke alarms must be installed on or near the ceiling—


(a)        in every bedrooms; and

(b)        in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building; and

(c)        on each other storey.


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


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


35.       All waste generated on site shall be disposed off in accordance with the submitted Waste Management Plan.



36.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.


37.       (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%.




37        (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.


38        (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.


39        (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.


40        (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.


41        (317) A 1.8 m high fence of chain mesh shall be erected around the Brushbox street tree encompassing all the grass nature strip and ending at the driveway crossing. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.


42        A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION ZONE– this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.


43        Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work. 


44        (315)  The proposed driveway crossing must be at least 2.5 m clear of the centre of the trunk of the street tree.


General Engineering Conditions


45        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.


46        Control of Stormwater Runoff.  Stormwater runoff from all impervious roof areas are to drain via a charged line system to the street, all areas that are unable to drain to the street are to drain to a absorption system. The design and construction of the drainage system is to fully comply with, AS3500 and Council's DCP-Stormwater management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.


47        Environmental Pollution Control Pit. A stormwater pit is to be installed on the new system, just prior to the stormwater connecting to the absorption system. Environmental pollution Control Pit is to be designed to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, sediment collection sump and must be designed to drain completely dry. The pit is to be maintained at all times.


48        Restoration.  Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.


49        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’.



Engineering Conditions to be complied with Prior To Construction Certificate


50        Drainage Plans. The plans and supporting calculations of the proposed drainage system are to be submitted with the Construction Certificate application.


Stormwater details shall be prepared and certified by a suitably qualified engineer. The design is fully comply with, AS3500 and Council's DCP Stormwater Management. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  


51        Overland Flow around pools. The pool design shall ensure that either during construction or upon completion, surface water is not directed or diverted so as to have an adverse impact upon adjoining properties.


To prevent overland flows from entering the pool the coping level must be a minimum of 150mm above the adjacent finished ground level. The entire outside perimeter of the pool surround must have overland flow escape routes which will protect the pool from flooding.

52        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.

53        Excavation greater the 1m

            Where there are structures on adjoining properties including all council infrastructures, located within five meters of the proposed excavation.

The applicant shall:-

(a)        seek independent advice from a Engineer on the impact of the proposed excavations on the adjoining properties

(b)        detail what measures are to be taken to protect those properties from undermining  during construction

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

(d)        Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to any site work. 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. The dilapidation report must be prepared by a practicing engineer.

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.  


The above matters are to be completed and documentation submitted to Council PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.


All recommendations of the Geotechnical Engineer are to be carried out during the course of 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.

54        Footpath Damage Bond. The applicant shall lodge with Council a $1000 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.


55        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, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.


56        Residential Crossing. The residential crossing shall be constructed to the specifications and levels issued by Council. An application shall be made to Council and relevant fees / bond, (being an $800 bond, plus inspection fee of $259 plus a design fee of $150, totalling $1209, - 2007/08) is to be paid to Council prior to the issue of any Construction Certificate for the provision of street alignment levels and Council inspections.


57        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


58        Materials on Roads and Footpaths. Where the applicant requires the use of council land for placement of building waste skips or storage of materials an application for “Building waste containers or materials in a public place” is to be made. Council land is not to be occupied or used for storage until such application is approved. 


59        Works on Council Property. Separate application shall be made to Council's Urban Services Division for approval to complete, to Council's standards and specifications, any associated works on Council property.  This shall include 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.


60        Public Utility Relocation. If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. Any such work being carried out at the applicant’s cost and prior to the commencement of works.


61        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’.


62        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 Conditions to be complied with prior to Occupation Certificate

63        Construction of Residential Driveway Crossing. A full width residential duty vehicular crossing shall be provided opposite each vehicular entrance to the site, with a maximum width of 5.0 metres and a minimum width of 3.5 metres at the boundary line. These works shall be carried out prior to the issue of the occupation certificate by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s issued drawings and level sheets.


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


1)         Confirming that all vehicular footway and gutter (layback) crossings are constructed or reconstructed in accordance with Lane Cove Council’s specification for construction of residential vehicular footpath crossings’. (When the works are satisfactory, the applicant must request the Council Crossing inspector to provide written evidence of satisfactory completion of the works.


2)         Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP Stormwater management. 


3)         All works have been completed in accordance with the issued Construction Certificate and Conditions of this determination.



If Council is appointed the Principal Certifying Authority then the appropriate inspection fee is to be paid to Council with the subject documentation.









Michael Mason

Executive Manager

Environmental Services Division




AT‑1 View

Original Site Location Plan

1 Page


AT‑2 View

Amended Site Location Plan

1 Page


AT‑3 View

Neighbour Notification Plan

1 Page




Planning and Building Committee Meeting 17 March 2008


Environmental Services Division Report No. 21






Reference:    Environmental Services Division Report No. 21

Subject:          Delegated Authority Report - February 2008    

Record No:    SU1863 - 9297/08

Author(s):       Michael Mason 




During the month of February 2008 a total of 38 Development Applications were determined under delegation by staff and 3 by Council.  In addition 12 Construction Certificates and 24 Privately Certified Construction Certificates were issued.  There was 1 Privately Certified Complying Development by Council and 3 by Private Certifiers.






That the report be received and noted.







Michael Mason

Executive Manager

Environmental Services Division




AT‑1 View

Applications determined for February 2008

6 Pages