Planning and Building

Committee Meeting

1 December 2008, 8:02PM

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

Planning and Building Committee 1 December 2008







PRESENT: Councillors I. Longbottom, A. Smith, D. Brooks-Horn, P. Palmer and S. Forrest.


ALSO PRESENT:  Executive Manager Environmental Services, Manager Development & Assessment and Chief Executive Secretary.




Councillor Smith was nominated as Chairperson by Councillors Longbottom and Smith and as there was no other nominations Councillor Ann Smith was elected as Chairperson.


Environmental Services Division Reports


Environmental Services Division Report No. 457

SUBJECT: 177 Greenwich Road, Greenwich




RESOLVED on the motion of Councillors Longbottom and Smith that pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D179/08 for alterations and additions to the existing dwelling house, new swimming pool and carport at 177 Greenwich Road, Greenwich subject to the following conditions: -


1.         (20) That the development be strictly in accordance with drawing number (job no. 26/07) 1/4  to 4/4 Amend: A dated 22 Sept 08 by Kerry McGrath including amendment indicated in red.


2.         The pergola, over the deck towards the rear, as indicated on the lower ground floor plan, is deleted and not approved in this consent.


3.         Deleted.


4.         An 1800mm high privacy screen (measured from the finished floor level of the rear basement deck) shall be installed along the southern boundary opposite the rear basement deck.   The screen is to be for the full length of the basement deck.


5.         All window panels of the south facing the double height living room shall have fixed obscure glass.


6.         Planting, within the planter boxes on the western elevation, shall be indigenous or native plants.


7.         The proposed carport shall be setback a minimum of 3.0m from the intersection of the front boundary and the southern side boundary as indicated in red in the approved drawings. Amended plans shall be submitted prior to the issue of Construction Certificate.


8.         All works, including the proposed carport, shall be wholly within the subject property. This shall be verified by a registered surveyor prior to the issue of the Occupation Certificate.


9.         The columns of the carport close the southern boundary shall be so located that they are not directly in front of the windows of the adjoining dwelling house towards the south. Amended plans shall be submitted prior to the issue of Construction Certificate.


10.       Deleted.


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


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


13.       (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.


14.       (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.


15.       (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.


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


17.       (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.


18.       (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.


19.       (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.


20.       (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.


21.       (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.


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


23.       (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".




24.       (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.


25.       (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".


26.       (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".


27.       (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.


28.       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

k)         Completion.


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


a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

g).        pool structure


30.       (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.


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


a          Dampcourse level;

b          The establishment of the first floor level;

c          The roof framing; and

d          carport boundary setbacks.

e          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.


32.       (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.


33.       (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.




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


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


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


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


38.       (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%.




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


40        (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.


41        (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.


42        (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.


43        (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.


44        (304)  All street trees to be retained must be protected during the construction process and to be addressed in the Tree Protection Plan.


45        (305)  All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.


46        (306)  All materials brought onto the site must be weed free.


47        (307a)  Any weeds lists under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.


48        (308)  Rubbish must be stored in sealed in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.


49        The existing Murraya hedge behind the proposed pool arena must be retained. A 1.8 metre high fence of chain mesh shall be erected a radial distance of not less than 2.4 metres from the trunks of the hedge plants located behind the proposed pool arena. 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.


50        The trunk of the Paperbark street tree closest to the existing driveway crossing must be protected during the construction period with a trunk guard. The trunk guard must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2m from the ground. The trunk guard shall not be fixed to the tree using nails or screws. The trunk guard must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.


51        Any exposed roots on the excavated trench line for the pool must be cut cleanly using a sharp saw and protected using appropriate methods as advised by an Arboriculturist.


52        No access to the property is allowed via the adjoining easement, public open space or public bushland area.


53        (332)  During construction / landscaping the adjacent public bushland area must be kept clean of all building materials and rubbish.  Any rubbish that is blown into this area must be immediately cleaned up.


54        (333)  In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Bushland Manager must be notified immediately.  Any clean up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Bushland Manager. 


55        (335)  All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.


General Engineering Conditions


56        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.


57        Rainwater Reuse Tanks

            The proposed Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.


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

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

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


58        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’.


            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.


Engineering Conditions to be complied with Prior To Construction Certificate


59        Control of Stormwater Runoff. The stormwater runoff from the new and or altered 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.


60        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.


61        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. Note: The finished floor level of the proposed garage shall be determined by council.


62        Replacement of Vehicular Crossing.  The vehicular crossing servicing the property shall be reconstructed prior to the issue of the occupation certificate. The Vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the construction certificate.

            These works shall be carried out by a licensed construction contractor at the applicant’s expense.


63        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


64        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. 


65        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.


66        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.


67        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


68        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.



For the Motion were Councillors Longbottom, Brooks-Horn, Smith, Forrest and Palmer(Total 5).

Against the Motion was Nil (Total 0).


Environmental Services Division Report No. 70

SUBJECT: Delegated Authority report for October 2008




RESOLVED on the motion of Councillors Longbottom and Smith that the report be received and noted.



For the Motion were Councillors Longbottom, Brooks-Horn, Smith, Forrest and Palmer(Total 5).

Against the Motion was Nil (Total 0).


CONFIRMATION OF MINUTES OF Planning and Building Committee Meeting - 17 NOVEMBER 2008




RESOLVED on the motion of Councillors Longbottom and Smith that the minutes of the Planning and Building Committee Meeting held on the 17 November 2008 be received.and adopted.



For the Motion were Councillors Longbottom, Brooks-Horn, Smith, Forrest and Palmer(Total 5).

Against the Motion was Nil (Total 0).





The meeting closed at 8:41pm.


Confirmed at the Planning and Building Committee Meeting of 15 December 2008, at which meeting the signature herein is subscribed.









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