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Lane Cove Local Planning Panel Meeting

6 November 2018, 5:00pm


Lane Cove Local Planning Panel 6 November 2018





PRESENT:                                          Ms Kara Krason, Chairperson, Mr Graham Brown, Planning Expert, Mr Steve Fermio, Environmental Expert and Ms Maria Linders, 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.


Lane Cove Local Planning Panel Report


9 Arabella Street, Longueville




The Lane Cove Planning Panel approves the variation to the FSR control in Clause 4.4(2) – Floor Space Ratio in Lane Cove Local Environmental Plan 2009, as it is satisfied that the applicant’s written request adequately addressed the matters required to be demonstrated by Clause 4.6 of that plan and the proposed development would be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development in the zone and there are sufficient environmental planning grounds to justify the variation.


Pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, the Lane Cove Local Planning Panel as Consent Authority grant development consent to Development Application DA2018/132 for construction of an enclosed walkway between the front and rear pavilions of an existing dwelling house, construction of awnings above east facing bedroom windows and use of the rooftop area as a trafficable terrace on Lot 2, DP 303424 known as 9 Arabella Street, Longueville 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:



Prepared by

DWG / Plan No.



First floor plan

CCG Architects

16-177 DA-006



Awnings @ Second Floor

CCG Architects

16-177 DA - 007



Third floor plan

CCG Architects

16-177 DWG No A4



Second Floor Terrace – Awnings View

CCG Architects

16-177 DA-000




Prior to the issue of a Construction Certificate, the following amendments to the above approved third floor plan 16-177 DWG A4 must be made:

(a)             The two panel planter structure shown in Detail 2 on the west side of the terrace is to be extended by an additional planter panel by 1500mm to mitigate privacy issues.

(b)             Detail 1 along the southern side may be extended by 1500mm to the south to align with the extended detail 1 planter box referred to above.

(c)             The artificial hedges are to be continuous with no gaps.

(d)             The planter shown in Detail 1 along the eastern side of the terrace is to be extended to the area currently identified as gate to align with modified southern alignment referred to in (b) above.

(e)             The gate is to be relocated as shown marked red on the plans.

(f)               The planter box and balustrade along the Northern edge as shown in detail 1 is to be removed from the area to be used as a walkway to the non-trafficable part of the terrace. The width and treatment of this walkway is to satisfy the requirements of the Building Code of Australia.


The Development must be carried out in accordance with the amended plans approved under this condition. Where any inconsistences occur between the conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.


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


1A.    Third Floor Terrace Use:  The area of the third floor terrace located outside the useable area as approved in Condition 1, must remain as a non-trafficable area with the exception of use for maintenance purposes. 


           Reason:  To clarify the useable area approved under the terms of this consent and to permit the area beyond the specified useable area to remain accessible for garden and building maintenance purposes only.


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


            Reason: Statutory requirement.


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


Reason: Statutory requirement.


4.         Sydney Water.  The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In”, please refer to web site www.sydneywater.com.au. This is 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. An approval receipt with conditions shall be issued by Sydney Water (if determined to be satisfactory) and is to be submitted to the accredited certifier prior to the issue of a Construction Certificate.


            Reason: Statutory requirement.


5.         Residential Building Works – Insurance.  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.


            Reason: Statutory requirement.


6.         Occupation Certificate: An Occupation Certificate being obtained from the Principal Certifier (PC) before the occupation of the building.


         Reason: Statutory requirement.


7.         Work Hours:  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: Council policy to protect the amenity of the locality.


8.         Storage of Materials: 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.


            Reason: To protect the environment.


9.         Amenity: 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.


            Reason: To protect the amenity of the locality.


10.       Storage of Materials/Skips: 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.


Reason: Public safety.


11.       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 (PC);

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: Statutory Requirement.


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


            Reason: To protect the environment.


13.       Preservation of Trees. Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area in accordance with State Environmental Planning Policy (Vegetation in non-rural areas) 2017. Part 2 Section 7(1) of the SEPP states “A person must not clear vegetation in any non-rural area of the State to which Part 3 applies without the authority conferred by a permit granted by the council under that Part.” Clearing of vegetation includes “a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or b) lop or otherwise remove a substantial part of the vegetation.” 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. 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.


         Reason: To protect the environment.


14.       Swimming Pool Barrier: 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 – 2012, “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.


            Reason: Statutory requirement.


15.       Principal Certifier Inspections: Where Lane Cove Council is appointed as the Principal Certifier (PC), it will be necessary to book an inspection for each of the following stages during the construction process:-


b)         All reinforcement prior to filling with concrete.

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.

i)          Stormwater drainage lines prior to backfilling.

k)         Completion.


            Forty eight (48) hours notice must be given prior to the inspection being required


            Reason: Statutory requirement.


16.       Engineers Details: Structural Engineer's details being submitted to the Principal Certifier prior to the issue of the Construction Certificate for the following:-


a)         underpinning;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;


            Reason: To ensure structural adequacy.


17.                   Engineers Certificate - Additional Loading : A Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  The certificate is to be submitted to the Principal Certifier prior to the issue of the Construction Certificate.


Reason: To ensure that the existing building is structurally capable of carrying the additional loading.


18.       Asbestos Removal: 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.


            Reason: Statutory requirement.


19.       Demolition: The demolition works being confined within the boundaries of the site.


            Reason: Public safety.


20.       Public Domain Cleanliness: All spillages deposited on the footpaths or roadways to be removed immediately.


            Reason: Protect the amenity and safety of the public domain.


21.       Demolitions Compliance: Compliance with Australian Standard 2601 - The Demolition of Structures.


            Reason: Statutory requirement.


22.       Effect of Covenants: 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.


            Reason: Legal requirement.


23.       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%.


         Reason:  Statutory requirement.


Engineering Conditions


24.    (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. 


25.    (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.


26.    (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.


27.    (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.


28.    (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’.


29.    (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council storm water line or drainage easement. If a Council storm water line is located on the property during construction, Council is to be immediately notified. Where necessary the storm water line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the storm water line are to be borne by the applicant.


Engineering conditions to be complied with prior to Construction Certificate


30.    (B1) Council Infrastructure Damage Bond: The applicant shall lodge with Council a $3000 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.


31.    (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management.


The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O, Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.


Where an existing element does not comply with current standards the subject element is to be replaced.


Where the existing system does not comply with Part O, Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management.


Engineering condition to be complied with prior to Occupation Certificate


32.    (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. 


Panel Reasons


The Panel generally supported the findings contained in the Assessment Report and endorsed the reasons for approval contained within the assessment report but did not support the proposed deferred commencement conditions in Part A for the following reasons:


(a)    The proposed works subject to this application are independent from the unauthorised works that are being considered separately by Council through a Building Certificate process. None of the unauthorised works form part of the description of the DA and accordingly did not form part of the assessment.  Accordingly, the Panel considered it was not necessary for the proposed unrelated works to be subject to a deferred commencement condition tied to a building certificate for other matters that do not form part of this application.


(b)   To maintain adequate safety, BCA compliance and given no new impacts on the streetscape, the Panel considered that the existing balustrading around the perimeter of the third floor terrace should remain.


(c)   The Panel were supportive of a gate being provided to enable safe and reasonable access to the non-useable part of the terrace for garden and building maintenance purposes. An operational condition was added to clarify that the outer terrace area was only to be used for such maintenance purposes.


The Panel considered some modifications to the third floor terrace were required to further improve safety and privacy, which are outlined in Condition 1.


The Panel noted from the temporary screening installed on the third floor terrace that adequate and improved privacy could be provided to neighbouring properties from both the existing approved terrace area and the additional terrace area, without any unsatisfactory view loss impacts from surrounding properties.


The Panel noted that the second floor awnings would improve privacy and weather protection to the second floor bedrooms and did not contribute any significant bulk to the built form.


The Panel noted that the proposed enclosure on the first floor adjoining the pool was not visible from the street or neighbouring properties and would provide effective weather protection to improve access between the two wings of the residence thereby improving residential amenity without impacts upon neighbours.



The decision of the Panel was unanimous






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