Inspection Committee Meeting

3 May 2008, 8:30AM



Notice of Meeting


Dear Councillors


Notice is given of the Inspection Committee Meeting, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Saturday 3 May 2008 commencing at 8:30AM. The business to be transacted at the meeting is included in this business paper.


Yours faithfully

Peter Brown

General Manager



Important Information


The Inspection Committee inspects sites in order for Councillors to inform themselves and listen to any person who has an issue or concern about the proposal.  It is appropriate that any debate and decision take place at a Council Meeting, not onsite.


Councillors enter premises at the invitation of the property owner/occupier, and Council encourages the property owner/occupier to allow relevant third parties to accompany the Committee on its inspection.


The Committee is governed by Council’s Code of Meeting Practice, and no recording of the meeting is allowed.


Committee Meeting Procedures


The Inspection Committee Council meeting is chaired by the Mayor, Councillor Ian Longbottom. Items referred to the Committee are referred to a Council or Committee Meeting 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 Council resolves to modify the order at the meeting.


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.




Inspection Committee 3 May 2008








Referred Reports


1.       Environmental Services Division Report No. 142

SUBJECT: 28 George Street, Greenwich






Inspection Committee Meeting 3 May 2008


Environmental Services Division Report No. 142






Reference:    Environmental Services Division Report No. 142

Subject:          28 George Street, Greenwich

Planning and Building Committee at its meeting on 21 April 2008 resolved that the matter be referred to the Inspection Committee meeting to be held on 03 May 2008.   

Record No:    DA07/304-01 - 11958/08

Author(s):       Rajiv Shankar 



Property:                    28 George Street, Greenwich


DA No:                       D304/07


Date Lodged:            11 October 2007

Amended Plans:       Yes


Cost of Work:            $200 000


Owner :                       P & A M Bennett


Author:                        Rajiv Shankar




Alterations and additions to existing dwelling house and erection of a carport.


Residential 2(a2)










Class 1a & 10a




Neighbours                2, 4, 6 Mitchell St, 26, 27, 29, 31 George St, 7, 9 Richard St, 

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

Progress Association Greenwich Community Association




The application has been called to the Planning & Building Committee by Councillor Lawson because of objections and issues relating to view sharing.



The proposal is to carry out alterations and additions to an existing two storey dwelling house. The alterations include extension of the ground and first floors towards the rear, rear balconies and an external staircase. A carport is proposed in front of the building line. The existing garage is proposed to be extended and used as a studio.


Five objections have been received in response to the amended proposal. The resident of 2 Mitchell Street objects to loss of view of the Harbour Bridge, an iconic view and excessive building bulk. Residents of other adjoining properties, including No 2 Mitchell Street, object to loss of privacy from the proposed rear balconies, particularly because the rear balconies are accessible from a proposed external staircase which would enable the balconies to be use for entertainment purposes.


It is considered that to address the concerns raised by the neighbours, the rear balconies be deleted, the rear external staircase be deleted and the first floor not project beyond the line of the existing south facing external wall towards the rear of the dwelling house.  The application is recommended for approval subject to the above deletions and inclusion of appropriate draft conditions.




The site is located on the southern side of George Street. The site is rectangular in shape and falls steeply away from the street.


The site features a two storey dwelling house with a steep roof pitch and a detached garage towards the rear along the western side boundary. Neighbouring to the east is a two storey brick dwelling house and towards the west is the rear of a two storey dwelling house. Site plan and notification plan attached (AT1 and AT2).




The proposal is for:


1.   Alterations and additions to the existing ground floor including extension towards the rear. The rear dining and kitchen have been stepped down. Towards the rear is proposed a 3.0m wide deck. The deck is accessible from a proposed external staircase adjoining the deck.


2.   Alterations and additions to the existing first floor including extension towards the rear to create a bed room and a walk in robe. The bedroom opens on to a 3.0m wide balcony which is also accessible from the same external staircase adjoining the deck towards the rear.


3.   An attic, accessible from the existing internal staircase, has been proposed within the existing roof space.


4.   The existing garage towards the rear of the property is proposed to be extended to accommodate a WC. The alterations include provision of three French Doors which open towards the rear open space. It is proposed to use the garage as a studio.


5.   A carport, with a roof pitch to match the existing dwelling house, is proposed in front of the existing building line.


6.   A new pedestrian opening & gate in the existing front fence to access the dwelling house from the street.








Site Area (566.5m2)





Floor Space Ratio    (max)




Soft Landscaped Area            (min)




Side Boundary Setback (min)

1100mm (existing)



Overall Height (m)     (max)

9.0m (proposed rear extension roof)



Ceiling Height (m)     (max)

7.5m (proposed rear extension)

9.4m (attic- roof existing)



No of Storeys




Building Line  (max)




Foreshore Building Line(min)




Cut and Fill     (max)




Deck/Balcony width  (max)


3m (if elevated by >1m)


Solar Access (min)

3 hours

3 hours to north elevation













Maximum floor space


10% of the allotment or 55 sq. m which ever is lesser.










Building Line  (min)




Proportion of Allotment Width


50% or 6m, whichever is the lesser


Setback of Posts (min)




Height (ceiling to natural ground level)









Manager Assets


No objections expressed subject to conditions which have been included in the conditions attached to this report.


Heritage Consultant


The Heritage Consultant has advised that the proposal for extension to the ground and first floor levels is compatible with the existing residence and is recessive to the streetscape.


However in relation to the carport, he is of the view that:


The proposal for the carport is dominant and prominent from the streetscape.  I recommend that the roof pitch be retained, matching the residence, but that the ridge be lowered, with the roof pane over the stairs coinciding with the stairs.  This will reduce the scale and bulk of the carport in relation to the residence, and views from neighbouring properties will be enhanced.


Officer’s comment:  Amended plans were submitted in line with the heritage consultant’s recommendations.


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 most of the provisions and it is considered to achieve the objectives for each provision.


Variations to Council’s Codes/Policies


The proposal does not comply with the following provisions:


1.         Side Boundary Setback (min):


The existing eastern side boundary is approximately 1100mm. The ground floor and the first floor additions follow the existing side boundary setback of the dwelling house which is considered acceptable. This is considered to achieve the objectives of the code which are to provide separation between dwellings for privacy and enable views between buildings.



2.         Ceiling Height (m) (max):


The maximum ceiling height of the proposed two storey extension towards the rear is 7.5m as against the Code’s requirement of 7.0m. The objective of the height control is to control the bulk and scale of the additions and to minimise disruption of existing view. The extension towards the rear disrupts views and completely obscures the iconic view of the harbour bridge, towards the rear of the property on No 2 Mitchell Street. Therefore it is considered that the proposal does not meet the objectives of Clause 3.3 for height of building.


In view of the above, condition 4 has been included in the conditions attached to this report, to reduce the building bulk of the proposal.


3.         Maximum floor space (Outbuildings, Carports etc):


A detached garage toward the rear of the property already exists. As the land slopes steeply towards the rear it is difficult to reverse a car up to the street. Therefore the applicant has proposed an addition carport in front of the building line. There are other examples of carports in front of the building line along the street.


The area of the carport and the outbuilding put together exceeds the maximum permissible. The objective of the outbuildings is to have a design that is compatible with the existing or proposed development and is in keeping with the amenity of the adjoining development. The proposed carport roof is compatible with the roof of the existing dwelling. The proposed carport does not impact upon the amenity of the adjoining development. Therefore it is considered that the proposal meets the objectives of Clause 6 for outbuildings.


4.         Carport within front Building Line (min)


The minimum front building line, as per Clause 3.7 of Councils DCP is 7.5m. However, carports can be supported with a lesser setback. The proposed carport meets the objectives of the clause which is to maintain an open streetscape and pedestrian safety.


SEPP 55 – State Environmental Planning policy No.55 – Remediation of Land


In accordance with Clause 7 of this instrument, Council is required to consider whether land is contaminated prior to granting consent to carrying out of development on this land. Notwithstanding that site investigations have not been carried out, the current and previous use of the site and surrounding sites have been for residential purposes and unlikely that that there has been any high risk uses. Accordingly, contamination of the site is unlikely to be an issue.


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 Municipality of Lane Cove is identified as being within the Sydney Harbour Catchment of the SREP.  The subject site is also located within the Foreshores and Waterways Area as indicated on the Foreshores and Waterways Area map contained within this SREP, and as such, is subject to the DCP that complements the SREP.


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, it is considered that 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. It is considered that 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 in its current form, is likely to adversely impact on the residential amenity of the adjoining properties.   Conditions of consent have been provided to mitigate any adverse impact.




The proposal includes a 3.0m wide and 6.7m long balcony on the first floor off a bed room which has full length bi-fold doors, towards the rear of the dwelling house. The balcony overlooks the private open spaces of the dwelling houses to the east, west and south of the subject property.


Furthermore, a staircase has been proposed from the rear yard to access the proposed ground floor and first floor balconies. This would enable the balconies to be used for entertainment purposes. In addition, an independent external access to the upper floor would increase potential for the upper floor to be used as a second dwelling which is not permitted.


In view of the above, condition 2 has been included in the conditions attached to this report, to reduce overlooking the neighbouring properties.


In addition, condition 3 has been included in the conditions attached to this report, to reduce the potential of the dwelling house  being used as a second dwelling.




An objection to the development from residents of the property towards the west (2 Mitchell Street) is that the proposed development would have an adverse impact on views.


The ‘Code and Development Application Checklist for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings’ requires that development:


 Minimize disruption to existing views or to achieve reasonable view sharing from adjacent development with the height and bulk of the development.


In determining what impact on views would result from a development, the L&EC case Tenacity Consulting vs Warringah Council (2004) NSW L&EC 347 has become the basis for the planning principle used to examine view sharing. In this Commissioner Roseth framed a series of questions which should be addressed in assessing whether the impact on views is considered unacceptable.  The following is an assessment of the application in terms of these questions which are:


1.         The assessment of the views to be affected. Some views (e.g. water views, views of iconic buildings) are valued more highly than others.


2.         Consider from what part of the property the views are obtained.  Also, consider sitting or standing views. Protection of sitting views across side boundaries are more difficult than from front and rear boundaries.


3.         Assess the extent of the impact.  This should be done for the whole of the property, not just the view that is affected. Views from living areas (including kitchen areas) are more significant than from bedrooms.

4.         Assess the reasonableness of the proposal that is causing the impact.  Factors include whether the proposal complies with development standards and whether view loss could be ameliorated by better design. View impact from a complying development would probably be considered acceptable, and view sharing reasonable.


In assessing the impact on views it is considered that:


1.         The views likely to be affected are high value. The views of the Harbour Bridge, an iconic structure, will be completely obscured.


2.         The view of the harbour bridge, which will be obscured, is from a corner of the living room which also has the kitchen. The views in a sitting and standing position obtained across the rear boundary, are likely to get obscured.


3.         The views being impacted are across the rear of the property and from the living area.


4.         The non compliances have been discussed above. The proposal can be better designed by extending the dwelling house towards the east which would not adversely impact upon the views from the dwelling house at 2 Mitchell Street.


Accordingly, it is considered that the proposal does not satisfy the requirements of Council’s Code and view sharing principles in relation to 2 Mitchell Street.


In view of the above, condition 4 has been included in the conditions attached to this report, to reduce the impact of loss of views.




The proposal presents an acceptable level of overshadowing and is unlikely to significantly impact on the level of solar access to adjoining developments or over the development itself.


The shadow diagrams indicate that private open space & the windows serving habitable rooms in the adjoining dwelling will receive 3 hrs of sunlight between 9am & 3pm and in this regard it is considered that solar access is to be retained in accordance with the requirements of the DCP.


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 original proposal was advertised in accordance with Council’s policy of Community Consultation. 7 (seven) submissions were received.


The amended proposal was re-advertised in accordance with Council’s policy. 5 (five) submissions were received. The major concerns raised in the submissions are addressed below.


Potential loss of privacy:


Comment: The proposed first floor balcony towards the rear of the dwelling house is to be deleted as a condition of consent. (Condition 2).


The staircase being obtrusive and high:


Comment: The proposed rear staircase is it be deleted. (Condition 3).


Potential Loss of views:


Comment: The first floor extension has been reduced so that it does not project beyond the existing first floor building line. (Condition 4).


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


The amended proposal, as conditioned further in this report, is considered satisfactory with respect to design objectives and provisions under Council’s Code for Dwelling Houses. The amended/conditioned proposal would not create any major environmental impacts.




The application has been assessed having regard to the matters under Section 79C of the Environmental Planning and Assessment Act, relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The proposal is considered to be satisfactory subject to the following conditions.





That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D304/07 for alterations and additions to existing dwelling house and erection of a carport at 28 George Street, Greenwich subject to the following conditions.


1.         (20) That the development be strictly in accordance with drawing number DA01 to DA06 Issue B dated Feb08 by Vienna Designs.


2.         The proposed first floor balcony towards the rear of the dwelling house is to be deleted. Amended plans shall be submitted prior to issue of Construction Certificate.


3.         The proposed external staircase towards the rear of the dwelling house is to be deleted. Amended plans shall be submitted prior to issue of Construction Certificate.


4.         The proposed first floor shall not project beyond the line of the existing south facing external wall towards the rear of the dwelling house. Amended plans shall be submitted prior to issue of Construction Certificate.


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


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


7.         (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.


8.         (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.


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


10.       (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.


11.       (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.


12.       (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.


13.       (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.


14.       (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.


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


16.       (51) A Tree Preservation Order applies in the Municipality of Lane Cove.  The Order prohibits the cutting or removal of any tree except with the consent of Council and the penalty for contravention of this Order is up to Twenty Thousand Dollars ($20,000.00).  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.


17.       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)         Stormwater drainage lines prior to backfilling

h)         Completion.


18.       Standard Condition (57) Structural Engineer's details being submitted to Council and approved 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;


19.       (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.


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


a          Dampcourse level;

b          The establishment of floor levels;

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.


21.       (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.


22.       (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.




23.       (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.


24.       (70) Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.


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


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


27.       (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%.




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


General Engineering Conditions


29       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.


30       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       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.


32       Environmental Pollution Control Pit. A stormwater pit is to be installed on the existing system, just prior to the stormwater connecting to the receiving 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.


Engineering Conditions to be complied with Prior To Construction Certificate


33       Control of Stormwater Runoff. The stormwater runoff from the new impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater management.

            The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer. Where an existing element does not comply with current standards the subject element is to be replaced. Where the existing system does not comply with Councils DCP Stormwater management an application is to be made to Council for approval of an alternate system.


34       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.


35       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.


36       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.







37       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


38       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. 


39       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.


40       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.


41       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


42       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.


43       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.


            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.


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


            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

Amended Site Location Plan

2 Pages


AT‑2 View

Neighbour Notification Plan

1 Page