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Late Agenda

Lane Cove Local Planning Panel Meeting

2 October 2018, 5:00pm




Notice of Meeting


Dear Panel Members,


Notice is given of the Lane Cove Local Planning Panel Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove on Tuesday 2 October 2018 commencing at 5:00pm. The business to be transacted at the meeting is included in this business paper.


Craig - GMYours faithfully





Craig Wrightson

General Manager


Lane Cove Local Planning Panel Meeting Procedures


The Lane Cove Local Planning Panel (LCLPP) meeting is chaired by The Hon David Lloyd QC. The meetings and other procedures of the Panel will be undertaken in accordance with the Lane Cove Lane Cove Local Planning Panel Charter and any guidelines issued by the General Manager.

The order of business is listed in the Agenda on the next page. That order will be followed unless the Panel resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

Members of the public may address the Panel for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons wishing to address the Panel must register prior to the meeting by contacting Council’s Office Manager – Environmental Services on 9911 3611. Speakers must address the Chair and speakers and Panel Members will not enter into general debate or ask questions during this forum. Where there are a large number of objectors with a common interest, the Panel may, in its absolute discretion, hear a representative of those persons.

Following the conclusion of the public forum the Panel will convene in closed session to conduct deliberations and make decisions. The Panel will announce each decision separately after deliberations on that item have concluded. Furthermore the Panel may close part of a meeting to the public in order to protect commercial information of a confidential nature.

Minutes of LCLPP meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Friday following the meeting. If you have any enquiries or wish to obtain information in relation to LCLPP, please contact Council’s Office Manager – Environmental Services on 9911 3611.

Please note meetings held in the Council Chambers are Webcast. Webcasting allows the community to view proceedings from a computer without the need to attend the meeting. The webcast will include vision and audio of members of the public that speak during the Public Forum. Please ensure while speaking to the Panel that you are respectful to other people and use appropriate language. Lane Cove Council accepts no liability for any defamatory or offensive remarks made during the course of these meetings.

The audio from these meetings is also recorded for the purposes of verifying the accuracy of the minutes and the recordings are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.





Lane Cove Local Planning Panel 2 October 2018












public forum


Members of the public may address the Panel to make a submission.









Lane Cove Local Planning Panel Reports


2.       334 Burns Bay Road Lane Cove


Orders Of The Day  







Lane Cove Local Planning Panel Meeting 2 October 2018

334 Burns Bay Road Lane Cove



Subject:          334 Burns Bay Road Lane Cove    

Record No:    DA18/147-01 - 60331/18

Division:         Environmental Services Division

Author(s):      Natalie Piggott 





334 Burns Bay Road Lane Cove

DA No:


Date Lodged:


Cost of Work:



Lane Cove Council


Lane Cove Council


Description of the proposal to appear on determination

Construction of Pergola


R2 Low Density Residential

Is the proposal permissible within the zone


Is the property a heritage item

Yes State and Local – Carisbrook House Item No. 00112

Is the property within a conservation area


Is the property adjacent to bushland


BCA Classification

Class 1a and 10b

Stop the Clock used



316 – 332 Burns Bay Road Lane Cove

Linley Point Residents Association

Ward Councilors                   




Development Application DA18/147 is referred to Lane Cove Planning Panel for consideration and determination as the proposal is Council owned land and is a heritage item of State and Local Significance.




Development application DA18/147 is for ancillary work to an existing heritage item which is owned by Lane Cove Council and is operated by Lane Cove Historical Society as a house museum.  


In accordance with Council’s notification policy the application was notified to surrounding properties and no submissions were received.


The site is zoned R2 Low Density Residential and is identified as a heritage item under Schedule 5 of Lane Cove LEP 2009 for which ancillary development is permissible with consent.    


The proposed pergola structure has been designed to be in keeping with the heritage character of the heritage item.


The application is recommended for approval.




Lot No. 5    DP No. 11636



Existing improvements

Carisbrook House – Heritage Item No. 00112

Single Storey dwelling circa 1884 Victorian Italianate style



Adjoining properties

The site adjoins a reserve and 316 – 332 Burns Bay Road (residential flat building development)


Neighbour Notification Plan and Site Location Plans attached (AT-1 and AT-2).


Figure 1: Aerial of subject site




The application seeks to construct a pergola at the northern end of the site between the kitchen and workshop area measuring 6.64m x 3.61m with a maximum height of 3.1m to provide sun protection to the courtyard area and kitchen.


Figure 2: Site plan indicating location of proposed pergola


Image 1: Location of proposed pergola





(a)  The provisions of


(i)         Any environmental planning instrument:


State and Sydney Regional Environmental Planning Policies


There are no relevant state planning policies applicable to this application.


Lane Cove LEP 2009


Zoning: R2 Low  Density Residential         Site Area: 2,371m²


Under Lane Cove LEP 2009 the property is zoned R2 Low Density Residential.  The proposed development is permissible with Council’s consent.


The following is a summary of the clauses under Lane Cove LEP 2009 applicable to the development.



Lane Cove LEP 2009



4.3 Height

J: 9.5m



4.4 FSR

D 0.5:1 Site Area 2,346m²

FSR = 1,173m²

Existing FSR to remain unchanged.



Other Provisions




5.10 Heritage Conservation

The application is a heritage item as identified under Schedule 5 of LCLEP2009 and is listed as an item of State significance on the State Heritage Register.

Council’s Heritage Advisor has provided comments regarding the proposal, which are provided below.  No issues are raised and the proposed pergola has been supported by Council’s Heritage Advisor.


Heritage Act 1977 - State Heritage Item


The site is listed as an item of State significance on the State Heritage Register – Item No. 00112.


An application to the Office of Environment and Heritage was made seeking an exemption for the proposed pergola.


In accordance with Section 57(2) of the Heritage Act 1977 an exemption has been provided for the proposed pergola (exemption attached AT-3). 


(ii)        Any proposed instrument (Draft LEP, Planning Proposal)


There are no relevant Draft Environmental Planning Instruments for the subject site.


(iii)       Any development control plan


Lane Cove DCP 2010;


The proposed development is for ancillary work to an existing heritage item which is owned by Lane Cove Council as a house museum and is operated by Lane Cove Historical Society.   There are no specific controls under Council’s DCP which are applicable to the pergola structure other than the controls relating to outbuildings.


Therefore a merit based assessment has been given and the pergola is considered to have no detrimental impact to the development given the location the proposed structure is at the rear of the property.  


There would be no privacy or amenity impacts as a result of the pergola’s roof being slightly above the existing sandstone fence as this elevation adjoins a road.




Heritage Advisor


Council’s Heritage Advisor has provided the flowing comments:


“Heritage Listing

Carisbrook is listed as an item of State significance on the State Heritage Register.


Potential Heritage Impact

The proposal has been issued with an exemption under S57.2 of the Heritage Act, therefore the NSW Heritage Division recognizes that the work will have minimal impact on significant fabric or on the heritage significance of Carisbrook.


The work will have no adverse impact on the heritage values of Carisbrook for the following reasons:


·        The proposed structure is detached from the existing building and is reversible.

·        It is small in scale and unobtrusive within the setting of the heritage item.

·        The outbuildings are of recent construction and there is no impact on significant fabric.

·        The work will expand the scope for usage of the facility and enhance its viability for the future.

·        Materials and design of the structure are sympathetic with the existing buildings.



I have no objections to the proposed development.”


Development Engineer


The application is in accordance with Part O – Stormwater Management of DCP 2010.  No objections are raised subject to recommended draft conditions.


(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality


All relevant issues regarding environmental impacts of the development are discussed elsewhere in this report. The development is considered satisfactory in terms of environmental impacts.


(c)  The suitability of the site for the development


The site is considered to be suitable for the proposed development.


(d) Any submissions made in accordance with this Act or the regulations


In accordance with Council’s notification policy, owners of surrounding properties were given notice of the application. In response, no submissions were received.


(e)  The public interest


Having regard to the assessment contained in this report, it is considered that approval of the development would add to the amenity of patrons and visitors and is therefore in the public interest.


Statement of reasons for approval


The application is supported given the minor nature of the structure and as there are no amenity impacts as a result of the proposed structure, is in keeping with the heritage fabric of the heritage item.




The matters in relation to Section 4.15 of the Environmental Planning and Assessment Act 1979 have been satisfied.


The application meets with the Floor Space Ratio and Height controls as required in the Lane Cove Local Environmental Plan 2009 and generally meets with the Part C Residential Development Objectives in the Lane Cove Development Control Plan.


On balance the proposed development is a minor structure that would provide shade to patrons and visitors and would be reasonable and therefore is recommended for approval.





That the Lane Cove Local Planning Panel, as the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent to DA18/147 for construction of a pergola on land at 334 Burns Bay Road Lane Cove subject to the following conditions:




1.       Approved Plans/Documents. Except where otherwise provided in this consent, the development is to be carried out strictly in accordance with the following plans (stamped approved by Council) and support documents:


Plan No/Reference



Plan no. DA.01, DA.02 & DA.03

Trina Day Architects


Drw No. 18-5287Sheet 1 of 1

Ross Engineers



Reason: To ensure that the development is in accordance with the determination.


2.       BCA Requirement.  All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.  A Completion Certificate is to be issued by the Principal Certifier or accredited Fire Safety Engineer, confirming that all identified Performance Solutions have been completed or implemented for the building prior to the issue of the Occupation Certificate


Reason: Statutory requirement


3.       Hours of Work.  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.


A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site.


Reason: To ensure reasonable amenity is maintained to the neighbouring properties.


4.       Construction materials. All materials associated with construction must be retained within the site.  All loading and unloading being carried out from 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.


Reason: To protect the environment.


5.       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.


Reason: To ensure all works are in accordance with Council’s requirements




A Construction Certificate must be obtained from a Principal Certifier, either Council or Private Certifier, to carry out the relevant building works approved under this consent.  All conditions listed in this Section of the consent must be complied with before ANY Construction Certificate can be issued.



6.       Compliance with Australian Standards. The development is required to be carried out in accordance with all relevant Australian Standards. Details demonstrating compliance with the relevant Australian Standard are to be submitted to the Principal Certifier prior to the issue of the Construction Certificate.


          Reason: To ensure compliance with the Australian Standards.




Prior to the commencement of any demolition, excavation, or building work the following conditions in this Part of the Consent must be satisfied, and all relevant requirements complied with at all times during the operation of this consent.


7.       Site Signage.  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 Certifier;

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.


          Reason: To ensure public safety and public information.




Unless otherwise specified, the following conditions in this Part of the consent must be complied with at all times during the construction period.  Where applicable, the requirements under previous Parts of this consent must be implemented and maintained at all times during the construction period.


8.       Approved plans to be on site


A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifier.


Reason:            To ensure that the development is in accordance with the determination.


9.       Site Facilities.  The following facilities must be provided on the site:

(a)     toilet facilities in accordance with Safework NSW requirements, at a ratio of one toilet per every 20 employees, and

(b)     a garbage receptacle for food scraps and papers, with a tight fitting lid.


          Reason: Statutory requirement.


10.     Site maintenance.  The applicant must ensure that:

(a)     approved sediment and erosion control measures are installed and maintained during the construction period;

(b)     building materials and equipment are stored wholly within the work site unless an approval to store them elsewhere is held;

(c)     the site is clear of waste and debris at the completion of the works.


            Reason: To protect the environment.


11.     Dust Control.  The following measures must be taken to control the emission of dust:


a)      Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work

b)     Any existing accumulations of dust (e.g. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter

c)     All dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray.  Water used for dust suppression must not be allowed to enter the street or stormwater system

d)     All stockpiles of materials that are likely to generate dust must be kept damp or covered

e)     Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.


            Reason: To protect the environment.




An Occupation Certificate must be obtained from the Principal Certifier prior to the occupation of any part of the development, or prior to the commencement of a change of use of a building.


Prior to issue, the Principal Certifier must ensure that all works are completed in accordance with the approved construction certificate plans and all conditions of this Development Consent.









Michael Mason

Executive Manager

Environmental Services Division





Neighbour Notification Plan

2 Pages



Site Location Plans

2 Pages



Section 57 Exemption Endorsement Letter from Office of Environment and Heritage

2 Pages