Inspection Committee Meeting

5 March 2011, 8:30am



Notice of Meeting


Dear Councillors


Notice is given of the Inspection Committee, to be held in the on site on Saturday 5 March 2011 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


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Committee Meeting Procedures


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Inspection Committee 5 March 2011






Referred Reports FROM Ordinary Council 21 February 2011


1.       Environmental Services Division Report No. 520

SUBJECT: 24 Wallace Street, Greenwich  (8:30am)





Inspection Committee Meeting 5 March 2011

Environmental Services Division Report No. 520



Reference:     Environmental Services Division Report No. 520

Subject:          24 Wallace Street, Greenwich

Ordinary Council at its meeting on 21 February 2011 resolved that the matter be referred to the next Inspection Committee Meeting to held on the 5 March 2011.   

Record No:    DA10/183-01 - 54424/10

Author(s):      May  Li 



Property:                     24 Wallace Street, Greenwich


DA No:                                    183/2010


Date Lodged:              20 August 2010


Cost of Work:              $1,050,000


Owner:                                    G & C Carroll


Applicant:                    As above




Demolition of the existing dwelling house, carport, and swimming pool and construction of a dwelling house, an attached carport and a swimming pool



R2 – Low Density Residential




No.  However the site is adjacent to a heritage item located at 22 Wallace Street, and 41 George Street, Greenwich



Yes – The site is located within Greenwich Point conservation area





Class 1a, 10a and 10b



Yes -66 days


Neighbours:                 30-34, 37-41 George Street, 5 & 9 Mitchell Street, 18-22 Wallace Street, 24-28 Upper Serpentine, Road, Greenwich

Ward Councillors       Councillor Brooks-Horn, Gaffney (Mayor), Palmer, and Tudge

Progress Association    Greenwich Community Association Inc, Lane Cove





The development application has been flagged by Councillor Forrest and Councillor Tudge due to the concerns raised by neighbours of the proposed development. The owners have lodged an appeal to the Land and Environment Court for deemed refusal and as such the application has been brought before Council for determination.



·    The proposal involves demolition of the existing dwelling house and the swimming pool, construction of a dwelling house with double carport and a swimming pool.

·    The property is located in the Greenwich Conservation Area, however is adjoining a heritage item at 22 Wallace Street and 41 George Street.

·    The original design proposed a double garage located within the front setback area.  It did not comply with the FSR standard of the Lane Cove Local Environmental Plan 2009 (the LEP) and the building height, front setback, side setback, and landscaping requirements of the Lane Cove Development Control Plan (the DCP). 

·    The amended proposal has reduced the FSR to comply with the LEP and converted the garage to a double carport with trafficable roof for outdoor recreation.  The carport with a trafficable roof does not comply with the DCP and is not supported.

·    The application was notified.  7 submissions were received to the original proposal and 6 objections were received to the amended plans.  Reasons for objection included:-


Loss of views;

Bulk and scale of proposed building

Over shadowing;

Over looking; and

Visual impact from Lane Cove River.

·    The owners of the property have lodged an appeal to Land and Environment Court for deemed refusal of development application on 16 December 2010.

·    A Section 34 conference was carried out on site by the Land and Environment Court on 9 February 2011 and the applicant has provided further amendments to the proposal including lowering the height of the entire building by 300mm.  

·    Consent is recommended subject to standard conditions and a specific draft condition requiring the deletion of the terrace over the carport. 




The site is located on the southern side of Wallace Street to the west of Mitchell Street in Greenwich.  It is at the lower end of Wallace Street adjoining the footpath of the unformed portion of Upper Serpentine Road.  The land to the front of the site falls steeply to the Greenwich Reserve on the foreshore of the Lane Cove River. 


The slope of the site falls from its south-eastern corner at the rear to the north-western corner at the front by approximately 3.3m. 


An existing two storey dwelling house with a double carport and an in-ground swimming pool are located on the site.  An approved existing double carport with a trafficable roof located at the front of site.  There is no building located to the west of the site towards Lane Cove River and the existing house enjoys significant views of the Lane Cove River.


Surrounding development comprises single and two storey dwelling houses.  The site shares its boundaries with 22 Wallace Street, 39 and 41 George Street, Greenwich.  22 Wallace Street and 41 George Street are heritage items listed in the LEP.  (B28 and B30).


The site is located within the Greenwich Conservation Area indentified in the LEP.  Site Location Plans and Neighbour Notification Plans attached (AT-1 – AT-2).




The original proposal involved the following works:-

·    Demolition of the existing structures including the dwelling house, the carport and the swimming pool; and

·    Construction of a dwelling house, garage with a trafficable roof and an in-ground swimming pool.


Following an initial assessment of the proposal, the applicant amended the proposal.  The amendments included increasing the front setback of the dwelling house to Wallace Street by an additional 400mm and converting the garage to a double carport with trafficable roof.


At the Section 34 conference, the following further amendments were agreed to by the applicant:-

·    The height of the entire building to be lowered by 300mm, so that the whole building does not exceed RL 39.531.

·    Increase setback of the rear balcony on the first floor to the eastern boundary by an additional 1.2m, in line with the shape of the terrace on the ground floor level.

·    The installation of a privacy screen at the front entrance of the dwelling house.

·    The installation of obscured glass to two windows on the first floor on the east elevation (windows to Bedroom 4 and the void area).


The above amendments have not been marked on the plans.  However, they could be considered and conditioned in the development consent if Council is of a mind to approve the application.




Previous applications lodged for the site included a combined development and building application D124/90 for alterations and additions to the existing dwelling house (Approved on 4 March 1990).  The existing carport with a trafficable roof top terrace was included in the consent.


Council’s Dwelling House Code prohibited trafficable carport roofs since at least September 2000, and was included in the Dwelling House Code of August 2002 (Clause 3.7(3)(iii).




Site Area (528m2)


Lane Cove Local Environmental Plan 2009






Floor Space Ratio




Height of Buildings





Lane Cove Development Control Plan






Front setback (min)


Consistent with area (6.5m) or 7.5m

Yes (6.5m)

Secondary street setback (corner lots)




Side setback (min)


1.5m for 2 storey dwelling house


Rear setback (min)


<1000m²: 8m


Wall Height (max)




Subfloor height (max)




Number of Storeys (max)




Landscaped area (min)



No.  Can be conditioned to comply

Solar Access

More than 3 hours

3 hrs to north-facing windows


Deck/Balcony depth (max)




Private open space


24 m² (min)

4m minimum depth









Front fence height (max)

1.2m (metal paling with brick piers)

Solid:             900mm

Lightweight:   1.2m


Piers width (max)





Car Parking






Off-street spaces (min)



Driveway width


3m at the lot boundary


However, the variation is supported given the constraints of the site.


Carports within the front setback & Garages facing the street






Setback of Carport Posts (min)


1m from street boundary


% of Allotment Width (garages & carports)

60% of the site frontage (5.5m)

50% of lot width or 6m, whichever is the lesser

No.  However, the variation is supported given the constraint of the site.

Carport roof

Trafficable roof proposed

No trafficable roof as per Council policy.



Private Swimming Pools






Setback to Neighbour’s House (min)


3m to waterline


Setback to boundary (min)

1.7m to waterline

1m to waterline


Height (max)

(steeply sloping sites)





Setback from boundary if coping is above ground level (existing)(min)


Coping to be set back at a ratio of 1:1


Setback from trees >5m in height (min)

Less than 5m


No.  However, the Tree Assessment Officer raised no objection to the location of the proposed swimming pool



Manager Urban Design and Assets

The development engineer has reviewed the proposal and advised that no OSD is required as the site is within the OSD exclusion area.  The applicant is proposing a 15.5m3 rainwater reuse system in favour of the site

The development engineer has endorsed the application and provided draft conditions. (See draft conditions 35-55).

Manager Open Space

The Tree Assessment Officer has noted that the site is affected by the Sydney Harbour Foreshore Development Control Plan. The proposed development is similar to the existing development on site in size and nature. The proposed works would not result in any negative landscape or ecological issues on the site or to neighbouring allotments.

No objections were raised to the removal of the Cocos Palm tree and another small tree on the site.  The proposed landscape concept plan is considered satisfactory and should be adopted as part of the development. 

The Jacaranda tree located on the allotment must be protected for the duration of the proposed development.

The Tree Assessment Officer has endorsed the application and provided draft conditions of consent.  (See draft conditions 56-62).


Council’s heritage adviser advised that the site is not listed as a heritage and there is insufficient integrity remaining of the original structure to justify its retention.

The heritage adviser raised objections to the original design relating to the building setback and the garage as it relates to the Heritage Conservation Area streetscape.

Amended plans were submitted and the heritage adviser raised no objections to the amended design.




Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Harbour REP) covers all the waterways of the Harbour, the foreshores and entire catchment.  It establishes a set of planning principles to be used by councils for the preparation of planning instruments, for the hydrological catchment of the Harbour. It also zones the waterways into nine different zones to suit the differing environmental characteristics and land uses of the harbour and its tributaries.

The Harbour REP includes a range of matters for consideration by consent authorities assessing development within the Foreshores and Waterways Area of the Plan. These are aimed at ensuring better and consistent development decisions and include such issues as ecological and scenic quality, built form and design, maintenance of views, public access and recreation and working harbour uses. The REP includes provisions relating to heritage conservation and wetlands protection and provides planning controls for strategic foreshore sites.


Division 2 of the REP lists the matters for consideration during the assessment.  The relevant clauses in the division are discussed as below:


Clause 20       General


The matters referred to in this Division (together with any other relevant matters):

a)         are to be taken into consideration by consent authorities before granting consent to development under Part 4 of the Act, and

b)         are to be taken into consideration by public authorities and others before they carry out activities to which Part 5 of the Act applies


The clause was taken into consideration during the assessment process.

Clause 25       Foreshore and Waterways Scenic Quality

The matters to be taken into consideration in relation to the maintenance, protection and enhancement of the scenic quality of foreshores and waterways are as follows:-

a)         the scale, form, design and siting of any building should be based on an analysis of:

i)     the land on which it is to be erected, and

ii)     the adjoining land, and

iii)    the likely future character of the locality,

b)         development should maintain, protect and enhance the unique visual qualities of Sydney Harbour and its islands, foreshores and tributaries,

c)         the cumulative impact of water-based development should not detract from the character of the waterways and adjoining foreshores.


The proposed dwelling house is of a modern design, however it would be of a similar height and scale to the existing dwelling house.  The site set back some distance from the foreshore and would not have a prominent visual impact to the riverscape of Lane Cove River.

Clause 26       Maintenance, Protection and Enhancement of Views

The matters to be taken into consideration in relation to the maintenance, protection and enhancement of views are as follows:-

a)         development should maintain, protect and enhance views (including night views) to and from Sydney Harbour,

b)         development should minimise any adverse impacts on views and vistas to and from public places, landmarks and heritage items,

c)         the cumulative impact of development on views should be minimised.


There are existing views to the Lane Cove River from Wallace Street and the adjoining dwelling houses.  The proposed dwelling house is in a similar location to the existing dwelling house and would not obstruct views from the adjoining properties and public places.  The proposal complies with this clause of the REP.


Sydney Harbour Foreshores and Waterways Area Development Control Plan


The proposed dwelling house is of a similar height and scale to the existing dwelling house. 


The proposed landscaping plan for the site has been endorsed by Council’s Tree Management Officer and the proposal is considered to satisfy the design and landscaping requirements of the DCP.


Lane Cove LOCAL Environmental Plan 2009


The proposed development does not change the existing land use of the site for a dwelling house and complies with the aims and objectives of the LEP.


Other Planning Instruments


Lane Cove Development Control Plan


The compliance to the requirements of the DCP has been outlined in the compliance table in the previous section of the report.


Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))


As outlined in the compliance table, the proposed development does not comply with the overall wall height, landscape and driveway width requirements of the DCP.  The proposal seeks approval for a carport with a trafficable roof which also does not comply with the DCP or Council policy.  Each of the departures is discussed below:-


The proposed landscaping is assessed at 33% of the site.  Areas with a width less than 1m are not included in the landscaping calculation.  A draft condition requiring additional landscaping would be included recommendation, if the application is approved.  This would be achieved by the reduction in paved areas on the site. (See draft condition 2(f)).

Wall Height

The proposal exceeds the 7.0m wall height requirement of the DCP by 0.3m.  This is a reduction on the original .6m exceedence, following the Section 34 Conference on the site.  The non-compliant section is at the front of the building on the west elevation.  The eastern wall height is 6.7m.  The variation is considered acceptable for the following reasons:-

·    The slope of the site falls from its east boundary to the west boundary by approximately 1m.

·    The building complies with the overall building height standard of the LEP.

·    The width of the non-compliant section is 4.4m out of 16m of the west elevation.

·    The proposed building would not create a significant shadowing impact to the adjoining property to the east at 22 Wallace Street.

·    The variation is considered minor and would not have a significant visual impact to the adjoining properties and the streetscape.

The Width of Driveway

The DCP states the width of the driveway at the lot boundary should not exceed 3m.  The proposed driveway is 5.5m wide.  The site is located at the lower end of the street.  Wallace Street is a narrow street and a wider driveway is necessary for vehicle manoeuvring.  The variation is supported.  Council’s engineers did not object to this aspect of the proposal.

The Width of the Carport

The DCP states that carport facing the street should not exceed 50% of the lot width or 6m whichever is lesser.

The lot width of the site is 9.8m and the width of the proposed carport is 6.6m.  Given that there is no on street parking available at the front of the site and the narrow width of the site, it is considered reasonable that the owners of the site have a double carport which exceeds 50% of their lot width, in this instance.  However, the width of the carport should be reduced to 6m to reduce the degree of visual impact to the streetscape.  The reduction of the carport width would also improve compliance with the landscaping requirement of the DCP.

The Roof of the Carport


The DCP states the objectives for car parking are:-

1.    To provide off street parking for residents.

2.    To ensure that the design of car parking structures is consistent with the dwelling and has minimal impact on the streetscape.


The DCP and Council policy require that carports have an open design and not have a trafficable roof. 


The proposal involves construction of a new dwelling house and, notwithstanding the previous carport on the site was approved in 1990.  Council’s current development control plan does not permit carports with trafficable roofs on amenity and aesthetic grounds. 


The proposed carport roof/terrace has a solid stone and glass balustrade.  This has the effect of increasing the bulk and the scale of the carport structure within the front building line.  The structure is considered out of character with Wallace Street and the conservation area.  Approval of the trafficable roof would set an undesirable precedent to developments in the conservation area and is not in keeping with recent Council determinations in relation to trafficable garage and carport roofs.  (See draft condition 2(b)).  As the site provides ample private open space at the rear of the dwelling house, special consideration is not considered appropriate.



The development proposal was notified in accordance with Council’s notification policy.  The original proposal was notified between 24 August 2010 and 8 September 2010 and the amended proposal was notified between 17 November 2010 and 1 December 2010.  7 submissions were received in response to the original proposal and 6 to the amended proposal.  The issues raised in the submission can be summarised as follows.

·    Loss of Views


The objection is acknowledged but not supported. The site is located at the lower end of Wallace Street.  The top of the planter on the proposed carport is at RL33.12m and is lower than the finished floor level of the front patio (at RL33.27m) of 22 Wallace Street.  The front setback on the ground floor of the proposed dwelling house has been increased by 400mm from the existing dwelling house.  The proposed building would not have a significant impact to the existing view corridor of 22 Wallace Street, and view loss is minor and reasonable in the circumstances.  Lane Cove Council supports view sharing principles.

·    Over Shadowing


The site is located at the lower end of Wallace and there is no adjoining building to the west of the proposed dwelling house.  22 Wallace Street is located to the east of the site.  The proposed dwelling house would not create any shadowing to the north facing (front elevation) windows of the adjoining dwelling house at 22 Wallace Street.  Notwithstanding that there would be afternoon overshadowing of 22 Wallace Street, the proposal complies with the minimum solar access requirements of the DCP.

·    Over Looking


The applicant has agreed to install obscured glass to the window panels on the first floor on the east

elevation (bedroom 4 and void area) to address the over looking impact to 22 Wallace Street. (See draft condition 2(h).  Such measures would satisfactorily address the concern raised and are supported.

·    Visual Impact from Lane Cove River


The proposed dwelling house would have a three storey appearance from Lane Cove River.  This elevation features the carport structure and 2 levels of residential over and behind.  The front elevation is similar to the existing building.  Part of the third storey is contained in partial excavation and the building meets the overall height requirement.  There are a number of three storey buildings fronting onto the Lane Cove River and it is not considered that the proposal would not be out of character when viewed from the river.; 

·    Streetscape and Impact of Trafficable Roof on Carport


It is agreed that the design of the proposed carport is not compatible with the streetscape, is contrary to Council’s DCP and is not supported for potential adverse impacts to local amenity and aesthetics.




The matters in relation to Section 79C of Environmental Planning and Assessment 1979 have been taken into consideration during the application process.  It has been confirmed by Council’s Heritage Adviser that the demolition of the existing dwelling house would not create a loss of heritage significance of the conservation area.  With amendments proposed by the applicant and, addressed with draft conditions within this report, the building height and the scale of the proposed development are considered acceptable.  However, the design of the proposed carport is contrary to Council’s DCP, is not compatible with the streetscape in the conservation area has potential to adversely impact on amenity and streetscape.  The trafficable carport roof is not supported and is recommended to be amended so as to not be trafficable and better blend with the proposed dwelling house. 





THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application 183/2010 for the demolition of the existing dwelling house, carport, and the swimming pool and construction of a dwelling house with an attached double carport, and a swimming pool on Lot 19, DP 78475 and known as 24 Wallace Street, Greenwich subject to the following conditions:-

General Conditions

1.       (20) That the development be strictly in accordance with the following drawings dated 12/11/10, prepared by Corben Architects except as amended by the following conditions.

-       Roof/Site Plan, DA-01, Revision B;

-       First Floor Plan, DA-02, Revision B;

-       Ground Floor Plan, DA-03, Revision B;

-       Basement Plan, DA-04, Revision B;

-       North Elevation, DA-06, Revision B;

-       South Elevation, DA-07, Revision B;

-       East Elevation, DA-08, Revision B;

-       West Elevation, DA-09, Revision B;

-       Section A, DA-10, Revision B;

-       Section B, DA-11, Revision B;

-       Landscape concept plan prepared by Spit Level Designs (Drwg No: LP01).

2.       Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate:-

a)      The entire building height must be lowered by 300mm with the maximum ridge height not to exceed RL 39.531.

b)      The trafficable roof/ terrace over the carport must be deleted and replaced with a non-trafficable roof. 

c)      The maximum width of the carport is not to exceed 6m.

d)      The rear first floor balcony is to be setback an additional 1.2m from the eastern edge of the dwelling house.  (Total setback to be 2.7m from the boundary).

e)      A privacy screen must be installed at the eastern end of the rear balcony on the first floor.

f)       A minimum of 35% of landscaping must be provided on the site.  Landscaped area means part of a site used for growing plants, grasses and trees, but does not included any building, structure or hard paved area.  A minimum width of 1m is required for inclusion as landscaped area.

g)      A 1.7m high privacy screen must be installed in front of the main entrance of the dwelling house. The screen is capable of providing privacy to the entrance to the proposed dwelling house.

h)      The windows of Bedroom 4 and the void area on the first floor of the east elevation must be of obscured glass panels.


3.       All metal deck roofs must be 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.

4.       All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

5.       The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

The consent authority or a private accredited certifier must:-

·          Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

6.       Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

7.       An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

8.       All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

9.       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.

10.     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.

11.     The building not to be used for separate occupation or commercial purposes.

12.     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.

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

14.     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.

15.     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.

16.     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 AS1926.1 – 1993, “Swimming Pool Safety – Part 1: Fencing for Swimming Pools”.


17.     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.


18.     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".

19.     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.

20.     A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

21.     Additions not being used for commercial, industrial purposes or for separate occupation.

22.     A check survey certificate is to be submitted at the completion of:-

a)         The establishment of the first floor level;

b)         The roof framing; and

c)         The completion of works.

Note:      All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.


23.     The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

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

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

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

ii)         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.



iii)         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.

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


25.     The proposed works must be confined within the boundaries of the site.

26.     All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

27.     All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

28.     The site being properly fenced to prevent access of unauthorised persons outside of working hours.

29.     Compliance with Australian Standard 2601 - The Demolition of Structures.

30.     Compliance with the Waste Management Plan submitted with the development application.

31.     It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

32.     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.

33.     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%.


34.     BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

General Engineering Conditions

35.     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.



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

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

38.     Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

39.     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.

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. All costs associated with the relocation or removal of services shall be borne by the applicant.

41.     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’.

42.     Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.

43.     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.

44.     Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

45.     Overland Flow around Buildings: To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

46.     Pool Construction Stormwater: The stormwater runoff from the new impervious areas surrounding the pool shall be connected to the proposed drainage system in accordance with the requirements of Lane Cove Council’s DCP -Stormwater Management.

47.     Rainwater Reuse Tanks: The proposed rainwater tank is 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.

Engineering Conditions to be Complied With Prior to Construction Certificate

48.       Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered SY100162 pages 1-3 prepared by ACOR Consultants dated 13-05-10.

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the Construction Certificate.

49.     Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

a)      seek independent advice from a suitably qualified 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

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

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

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

All recommendations of the suitably qualified engineer are to be carried out during 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.

50.       Pool Construction: The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.

Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate.

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

52.       Design of Pool Structure: The proposed concrete pool is to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

53.     Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

Engineering Condition to be Complied With Prior to Commencement Of Construction

54.     Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed generally in accordance with the plans numbered H2.01 & H2.02 prepared by ACOR Consulting and dated 13-05-10. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied With Prior to Occupation Certificate

55.     Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the principal certifying authority prior to issue of any Occupation Certificate.

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

Landscaping Conditions

56.     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.

57.     The applicant must obtain a Tree Preservation Order Work Authority prior to pruning of any trees; greater than 4 m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter.

58.     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.

59.     Rubbish must be stored 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.

60.     Footing, trench or excavation that is within 3m of any tree greater than  4m in height; including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged

61.     The Jacaranda tree must be retained. The trunk of the Jacaranda tree must be protected during the demolition and construction period by a trunk guard.  The trunk guard must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2 m from the ground.  The trunk guard must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE and/or demolition works.







Michael Mason

Executive Manager

Environmental Services Division




AT‑1 View

Site Location Plan

2 Pages


AT‑2 View

Revised Neighbour Notification Plan

2 Pages