Independent Hearing and Assessment Panel Meeting

17 June 2014, 5:00pm


Independent Hearing and Assessment Panel 17 June 2014



PRESENT:                  Hon David Lloyd, Chairman, Mr David Johnson, Environmental Expert, Mr Trevor Bly, Planning Expert and Ms Susan Robinson, Community Representative


ALSO PRESENT:       Mr Michael Mason, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager Development Assessment and Angela Panich, Panel Secretariat





The Chairperson advised those present that the Meeting was being webcast.


Independent Hearing and Assessment Panel Reports


2 Henley Street, Lane Cove West (Section 82A Review)




That pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979, as amended, consent is refused to Development Application DA177/13 for the Torrens title subdivision at 2 Henley Street, Lane Cove West, for the following reasons:

1.       Semi-detached dwellings are not permissible within the R2 Low Density Residential zone as per the Lane Cove Local Environmental Plan 2009.

2.       The proposed Torrents title subdivision is inconsistent with Clause 4.1 Minimum subdivision lot size of the Lane Cove Environmental Plan 2009.

3.       The proposed development would be inconsistent with the subdivision pattern within the proximity to the site.


The Panel decision was unanimous.


20 Wilona Avenue, Greenwich




That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, consent is granted to Development Application DA207/13 for alterations and additions to the existing dwelling house, garage and construction of a swimming pool on lot 5 in DP 27279 and known as 20 Wilona Avenue, Greenwich, subject to the following conditions:


1.         (20) That the development be strictly in accordance with the following drawing numbers, except as amended by the following conditions.



Prepared by



Proposed Ground Floor Plan

DBCF Pty Ltd



Proposed First  Floor Plan

DBCF Pty Ltd



Proposed Roof Plan

DBCF Pty Ltd



North Elevation

DBCF Pty Ltd



South Elevation

DBCF Pty Ltd



East Elevation

DBCF Pty Ltd



West Elevation

DBCF Pty Ltd



Section A-A

DBCF Pty Ltd



Section B-B

DBCF Pty Ltd




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


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


4.         The front fence being no more than 1.2m in height in accordance with the DCP.


5.         The bin enclosure be moved to the eastern side of the dwelling house.


6.         The area shown on the plan as bin enclosure and adjacent paved area to be soft landscaped.


7.         No clothes line to be visible from the street.


8.         A minimum of 35% of the site, or not less than 249.8 m², shall be provided as soft landscaped area.


9.         The subfloor of the dwelling house shall not be used for habitable purposes.


10.       Privacy screening shall be provided to the upper level southern elevation glazed areas to a height of 1.7m above finished floor level to address privacy concerns. This screening may take the form of fixed obscure glazing or fixed external screening designed to limit overlooking to the private open space of the neighbouring dwelling houses.


11.       (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.


12.       (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 $20,000.


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


14.       (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.


15.       (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.


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


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

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

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


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


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


18.       (52) The swimming pool being surrounded by a fence:-


a) That forms a barrier between the swimming pool; and


i)   any residential building or movable dwelling situated on the premises; and

ii)  any place (whether public or private) adjacent to or adjoining the premises; and


b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926 – 2007, “Swimming Pool Safety”.




            ADVICE: In accordance with the Swimming Pools Amendment Act 2012, the swimming pool or spa is required to be registered on the NSW Government State wide Swimming Pool Register when completed.

            The register can be found at www.swimmingpoolregister.nsw.gov.au.



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


20.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.


The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".


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


22.       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; and

j)          Completion.


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


a)         footings;

b)         reinforced concrete work;

c)         structural steelwork; and

d)         upper level floor framing.


24.       (60) 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.


25.       (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark colour range.


26.       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          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.


27.       (66) 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.


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


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


30.       (132)  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.


31.       (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.


32.       (140) If at the commencement of, or during the demolition stage of the development, it becomes apparent that all or any of the existing structures that were to be retained may require demolition, works are to cease immediately. The Principal Certifying Authority is to advise Council of the status of the works and the proposed method of rectification. It should be noted that any variations to the approved consent will require the lodgement of a new Development Application.


33.       (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%.




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




35.    The new doors (D6, D11 & D12) to the Cottage shall be detailed to include a lock rail of approximately the same height as the bottom rail of the door, as is the case in traditional joinery.


36.    The 'Wilona' colours may be used as a palette from which colours for the traditional structures on the site to be retained may be chosen. Lighter tones may be used in preference. Please be advised that this condition is not intended to require that the use of colours be a copy of those on 'Wilona'.


General Engineering Conditions

37.    (A1) 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.



38.    (A2) 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. 


39.    (A3) 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 hoarding applications, 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.    (A4) 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.


41.    (A5) 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.


42.    (A6) 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.


43.    (A7) 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’.


44.    (A8) 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.


45.    (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.


46.    (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows:


§ Rainwater draining to the reuse tanks are 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.

§ Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.



Engineering Conditions to be Complied With Prior to Construction Certificate


47.    (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered 13.051-SMP-1 Rev C prepared by GNG Design dated 4-3-14. 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 Part O, 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.


48.    (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $2500.00 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.


49.    (E5) Construction adjacent to or parallel to a drainage Easement / pipeline:  The footings of the proposed structure adjacent to the Council drainage easement shall be taken below the zone of influence of the Council stormwater line. The location and depth of the footings in relation to the stormwater line, along with the design of the footings, are to be detailed on engineering plans. The engineering plans are to be completed and certified for construction by a suitably qualified engineer and be submitted to the Principal Certifying Authority PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

On completion of the works and prior to the issue of the Occupation Certificate the design engineer shall certify that structure has been constructed in accordance with the approved plans and is within acceptable construction tolerances. The certification is to include a Work as Executed plan. The Work-as-Executed must show the location of all structures in the vicinity of the Council drainage easement, indicating that all footings are located below the zone of influence of the Council stormwater line.


50.    (W1) 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.    (T1) Design of Retaining Structures: All retaining structures greater 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.    (V1) Proposed Vehicular Crossing: The proposed 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. All works associated with the construction of the crossing shall be completed PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.


53.    (A10) 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, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.


Engineering Condition to be Complied With Prior to Commencement of Construction


54.    (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices shall be maintained during the construction period and replaced when necessary.


Engineering Condition to be Complied With Prior to Occupation Certificate


55.    (M2) 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. 




56.    (300)  Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500.00 for an individual and $3,000.00 for a corporation.  The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality.  All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove.



57.    (302)  The applicant must obtain written authority prior to pruning or removal of any trees greater than 4 metres in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter. Trees shown on the approved Plans for removal are exempt from this condition.


58.    (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.


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


60.    (new)  A copy of the Predevelopment Tree Assessment Report prepared by Cheryl Mackay dated 20th November 2013 shall be kept on Site at all times for the duration of the Development works. Any Tradesperson working within 5 m of trees to be retained shall be made aware of and work in accordance with tree protection specifications in the Arborist Report.


61.    (new) Trees numbered 1-2-3-4-5-7-8 and 9 shall be retained and protected for the duration of the development. Tree protection specifications for each tree outlined in Table 3 and Appendix 4; the ‘Tree Management Plan’ in the Arborist Report by Cheryl Mackay dated 20th November 2013 must be installed prior to commencement of all work.


62.    (307) The trunk of Tree 3 must be protected up to 2 m from the ground during the construction period by a trunk guard.  The trunk guard must be in accordance with Australian Standard AS 4970-2009 Protection of Trees on Development Sites, Section 4.5.2.


63.    (new) A waterproof sign must be placed on all tree protection zones stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A4 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.


64.    (new) All tree protection measures and signage must be erected PRIOR TO COMMENCEMENT OF WORKS. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development.


65.    (new)  The project arborist Cheryl Mackay must supervise all digging / excavation for footings within 5 metres radius of Tree 5.  The project arborist shall certify this work has not caused damage to Tree 5. This certification must be submitted to the Authorized Private Certifier prior to issue of the Occupation Certificate.


Bond on Street & Council Trees


66.    (new)  Pursuant to Section 80A(6)(a) and (7) of the Environmental Planning and Assessment Act 1979, the applicant must, prior to the issue of the first construction certificate, provide security in the amount of $2,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the Libocedrus street tree that is on the public road reserve immediately adjoining the land subject of this development consent.


67.    The Council may apply funds realised from the security to meet the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the said tree. If the cost of making good any damage caused to the said tree as a consequence of the doing of anything to which this development consent relates exceeds the amount of the security provided by the applicant additional security must be provided by the applicant to the Council to cover that cost and the Council may apply funds realised from the additional security to meet the total cost of making good the damage."


68.    The bond shall be refundable following issue of the Occupation Certificate. The owner must notify Council’s Senior Tree Assessment Officer who will inspect the street tree and organize the bond refund.



The Panel decision was unanimous.




The meeting closed at 6.45pm.





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