Independent Hearing and Assessment Panel Meeting

3 November 2015, 5:00pm


Independent Hearing and Assessment Panel 3 November 2015



PRESENT:                  Hon David Lloyd, Chair, Ms Lindsey Dey, Planning Expert, Mr Steve Fermio, Environmental Expert, Ms Susan Robinson, Community Representative


ALSO PRESENT:       Mr Rajiv Shankar, Manager Development Assessment, Ms May Li, Senior Town Planner, Ms Rebecka Groth, Senior Town Planner and Angela Panich, Panel Secretariat





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


Independent Hearing and Assessment Panel Reports


1-5 Little Street, Lane Cove



That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel grants development consent for the use and internal fitout of the community centre on the Ground and Mezzanine levels of the mixed use building on Lot 1 DP 1183301 and known as 1-5 Little Street, Lane Cove subject to the following conditions:

General Conditions


1.         (20) That the development be strictly in accordance with the following drawings, prepared by Smith & Tzannes except as amended by the following conditions.


-           Site Plan, 13_070 DA-A-010, Rev A, dated 06-Sep-15;

-           Level Mezzanine, 13_070 DA-A-100, Rev B, dated 06-Sep-15;

-           Level 0 (Ground), 13_070 DA-A-101, Rev B, dated 06-Sep-15;

-           Elevations, 13_070 DA-A-200, Rev A, dated 06-Sep-15.


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


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


4.         (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.


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


6.         (35) Hours of building works

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.


7.         (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.


8.         (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.


9.         (38) All advertising signs/structures being the subject of a separate development application.


10.       (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.


11.       (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.


12.       (76) 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.


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


14.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.


15.       (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.



16.       (134)    All loading and unloading being carried out from the loading docks within the premises, and no loading or unloading of goods, materials, equipment or the like associated with the development to take place on Council’s road or footpaths without the prior approval of Council.


17.       (136) The hours of operation being restricted to between the hours of

-    Meeting Room 1/Hall, Mezzanine Level:                Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

-    External Terrace, Mezzanine Level:                       Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

-    Meeting Room 2 (LCMCC), Mezzanine Level:       Hours of operation will be detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am


-    Lane Cove North Side Community,                        Hours of operation will be

     Services, Ground Floor                                          detailed in individual lease agreements and may vary from standard Monday – Sunday 7am – 12am

18.       The use of the community centre must comply with the recommendations of the Acoustic Report prepared for the proposed development by Koikas Acoustics Pty Ltd, dated 14 October 2015, as follows:

            a.         No music after 10pm in the Hall or Lane Cove Music and Cultural Centre.

            b.         Maximum occupancy levels for the outdoor terrace area are as follows:

                                    -           70 person from 6pm to 10pm*

                                    -           36 persons from 10pm to midnight

                                    -           96 persons prior to 6pm

                                    *See section on Verification of noise levels from the Terrace


           c.          The PA system installed within the Hall is to be appropriately limited so that the combined level of amplified and non-amplified (acoustic) instruments does not exceed LAeq 100dB(A) averaged within the room.  This can be achieved through installation of an RMS compressor/limiter between the amplifier and the speakers.  External PA systems are not to be used.


          d.           Solid masonry (or an approved alternative) external walls are to be included in the building design to achieve the required noise reduction through the building façade.


          e.           All glazing to the Hall and Lane Cove Music and Cultural Centre is to be consistent with the base building specification of 2 layers of 6mm monolithic glass separated by a minimum 50mm air gap (6/50/6) fully sealed into the frame to create an air tight seal.  Glass doors to the Hall and Lane Cove Music and Cultural Centre are to include heavy duty door bottom, threshold and perimeter acoustic seals by Raven or similar.


           f.           The proposed hours of operation are to be strictly adhered to.


Verification of noise levels from the Terrace


The following condition is to be satisfied to ensure that the use and occupation of the Terrace does not result in unsatisfactory noise amenity impacts to surrounding residential receivers:


          a.           The outdoor terrace may accommodate up to a maximum number of 70 patrons between the hours of 6pm to 10pm, on the condition that a qualified practicing acoustic consultant is engaged to verify the noise levels at the most noise impacted residential receiver location once the site is operational.  Noise levels should be measured with the outdoor terrace operating with a maximum of 70 patrons occupying the area, or should include relevant and justifiable corrections to account for the noise emission of 70 patrons when 70 patrons are not present during the measurement survey.


         b.          The compliance noise level is taken as the background noise level plus 5dB in accordance with Condition 67 of the development consent.  The background noise level should be taken as the minimum background level of 44dB(A) as measured by Koikas Acoustics Pty Ltd on the 6th August 2015.


19.       (137)  Lane Cove Council charges a fee 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.


20.       (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 installments, the first installment 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%.



General Engineering Conditions


21.       (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. 


22.       (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.


23.       (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.


24.       (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.


25.       (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.


26.       (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’.


Engineering Condition to be Complied with Prior to Commencement of Construction


27.       (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.


Construction Traffic Management


28.       The traffic Construction Management Plan shall be submitted to Lane Cove Council for approval prior to the commencing any building works that require the movement of construction vehicles and machinery to and from the site.


29.       All construction deliveries of building materials to and from the site to be restricted to the following off peak hours:-

  Monday to Friday (inclusive) 9.30am to 3.30pm

  Saturday                                           7.00am to 4.00pm.




The IHThe IHAP decision was split:  3 For and 1 Against



2 Birriwa Place, Northwood




That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Independent Hearing and Assessment Panel refuse consent to modify Development Application DA 153/2014 for the construction of a two storey dwelling house, a swimming pool and landscaping works on Lot 101, DP 702734 and known as 2 Birriwa Place, Northwood for the following reason:


1.         The applicant has not provided any additional information or evidence which would justify a departure from the previous determination made by the IHAP on 29 July 2015.



The decision of the Panel was unanimous



The meeting closed at 6.15pm


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