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Lane Cove Local Planning Panel Meeting

20 February 2019, 5:00pm





Lane Cove Local Planning Panel 20 February 2019





PRESENT:                              Mr Robert Montgomery, Chairman, Mr Eugene Sarich, Planning Expert, Mr Steve Fermio, Environmental Expert, Ms Maria Linders, Community representative


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





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


Lane Cove Local Planning Panel Reports


243 Longueville Road, Lane Cove




That pursuant to Section 4.16(1)(a) of the Environmental Planning and Assessment Act 1979, Council’s Local Planning Panel at its meeting of 20 February 2019 grant development consent to:

·    Development Application DA 189/18

·    For alterations and additions to the existing sporting club including additional toilets, expansion of kitchen, alterations to main entrance and signage.

·    On Lot 1 DP 115668, Lot 1 DP 917813, Lot 1 DP 917402 and Lot 1 DP 907301 known as 243 Longueville Road, Longueville – Lane Cove Sporting Club 

subject to the following conditions:


1.         (20) That the development be strictly in accordance with:

·    Drawing numbers A.01a, A.02, A.03, A.04, A.05 and A.06

·    Dated 15 October 2018

·    By Office Point Drafting


except as amended by the following conditions.


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




2.         The maximum daytime luminance of the sign facing Kenneth Street is not to exceed  800 candelas per square meter.  The level of illumination at night time is not to exceed 1/4 of this prescribed day-time illumination level.


            The sign shall be illuminated during business hours and turned off during the time period the premise is closed.


            Reason: In order to satisfy the assessment criteria under Point 7 Illumination under Schedule 1 of SEPP 64 - Advertising and Signage and to be consistent with the requirements under Zone 4 of clause. 3.9.1 of Part N Signage and Advertising of Council’s DCP 2009, and reduce the potential adverse impact from illumination on nearby residents and to retain the residential amenity of the area and the amenity of its residents.


           The sign is to be turned off for energy saving reasons.


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


            Reason:  Ensures the detailed construction plans and specifications comply with the requirements of the Building Code of Australia (BCA) and any relevant Australian Standard.


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


            Reason: Statutory requirement.


5.         (11)  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.


6.         (17)  An Occupation Certificate and a certificate of completion being obtained from the Principal Certifier before the occupation of the building and completion of the signage respectively.


            Reason: To ensure all works have been completed in accordance with the development consent conditions, approved plans and the Building Code of Australia.


7.         (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.


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.


8.         (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.


            Reason: To protect the environment and public amenity.


9.         (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.


            Reason: To protect the environment and public amenity.


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.


Reason: To protect the environment and public amenity.


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 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.


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


            Reason: To protect the environment.


13.       (56) Where Lane Cove Council is appointed as the Principal Certifier, 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)      Stormwater drainage lines prior to backfilling.

h)      Completion.


            Reason: Statutory requirement.


14.       (57) 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;

g)         signage attachment of existing building.


            Reason: Statutory requirement.


15.       (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.


            Reason: To ensure structural adequacy.


16.       (63) All metal deck roofs being of a ribbed metal profile, in a mid to dark colour range with an anti-glare finish. The intent of the condition is to reduce sun reflection and glare to protect the amenity of the surrounding residents.


            Reason: To protect residential amenity.


17.       (64) A check survey certificate is to be submitted at the completion of:-


a.         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.


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


18.       (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.


            Reason: To ensure public safety.


19.       (72) The demolition works being confined within the boundaries of the site.


            Reason: To ensure compliance with the determination and public safety.


20.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.



21.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each day’s work.


            Reason: To ensure public safety.


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


            Reason: To comply with Work Health and Safety Regulations and ensure public safety.


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


            Reason: To ensure compliance with the Australian Standards.


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



25.       (130)  Compliance with the Waste Management Plan submitted along with this application.


            Reason: To protect the surrounding environment.


26.       (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.


            Reason: To ensure all works are carried out lawfully.


27.       (141) Long Service Levy  Compliance with Section 6.8 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%.




Reason: To ensure the levy is paid.


General Engineering Conditions

28.       (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.


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


29.       (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. 


  Reason:   To ensure safety of road users and amenity


30.       (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.


   Reason:      To ensure public works are carried out in accordance with Council’s requirements


31.       (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.


  Reason:          To ensure safety road users and protection of Public assets


32.       (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.


  Reason:          To maintain Council infrastructure in Council adopted standards


33.       (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.


  Reason:          To protect, maintain and provide utility services


34.       (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’.


  Reason:           To ensure safety access of pedestrian is maintained


Environmental Health Conditions:


35.       (441) Operation of Plant or Equipment


To minimise the impact of noise from the development, all sound producing plant, equipment, machinery, mechanical ventilation systems and or refrigeration systems, shall be designed and or located so that the noise emitted does not exceed 5db(A) above the ambient background level when measured from the boundary of any affected premises between the hours of 8am to 10pm.  Between the hours of 10pm and 8am, noise shall not exceed the ambient background level when measured at the boundary of an affected premises.


  All sound producing equipment shall comply with the Protection of the Environmental Operations Act 1997.


36.       (442) Noise Control – Offensive Noise


To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to an offensive noise as defined under the provisions of the Protection of the Environmental Operations Act 1997.


37.       (447) Noise Monitoring


Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition work


38.       (409) Construction and Fit out of Food Premises


To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all work involving construction or fitting out of the premises shall comply with the requirements of the Food Safety Standards Code (Australia) and Australian Standards AS4674 – Design, Construction and Fitout of Food Premises.


39.       (418) Maintenance and cleanliness of food preparation areas


To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:


a)   Food Act 2003 & Food Regulations 2004

b)   Food Safety Standards 3.1.1, 3.2.2, 3.2.3

c)   Sydney Water Corporation – Trade Waste Section

d)   The Protection of the Environmental Operations Act 1997

e)   Australian Standard AS 1668 Part 1 & 2

f)    The Building Code of Australia.


             The design and construction of food premises must comply with the following requirements, as applicable:


·    The floors of kitchen, food preparation and storage areas are to be constructed of materials which are impervious, non-slip and able to be easily and effectively cleaned. The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  Coving should be installed at floor/wall joins to allow for cleaning.


·    Walls and ceilings are to be solidly constructed to prevent harbourage of pests.  They are to be finished with impervious sealed materials which are able to be easily and effectively cleaned. 


·    All fixtures and fittings, such as food preparation benches and cooking equipment, are to be moveable, or built in to walls and floors to prevent harbourage of pests and allow for cleaning.


·    Cupboards, cabinets, benches and shelving are to be smooth and impervious and may be glass, metal plastic, timber sheeting (sealed) or other approved material. The use of particle board or similar material is not permitted unless laminated on all surfaces.


·    A designated hand wash basin is required within 5 metres of all food-handling and service areas; provided with hands-free delivery of warm running water through a single spout and provided with liquid soap and paper towels.


·    A portable digital thermometer accurate to +/- 1 degree Celsius is required for use in the premises in addition to temperature measuring devices attached to equipment.


40.       (412) Grease Trap (Food Premises)


Trade waste water shall be disposed of in accordance with the permit requirements of Sydney Water the proprietor owner shall contact the Trade Waste Office of Sydney Water so as to ensure that the sewerage pre – treatment system installed is appropriate for the proposed use of the premises.


41.       (433) Garbage collection – Commercial/Industrial


Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997.  Records shall be kept of all waste disposal from the site.

 Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 7am on any day.


42.       (450) Ventilation


 To ensure that adequate provision is made for ventilation of the premises, mechanical and/or natural ventilation systems shall be designed, constructed and installed in accordance with the provision of:


a)           The Building Code of Australia

b)           AS 1668 Part 1 and 2 – 1991

c)           Protection of the Environment Operations Act 1997


A certificate shall be submitted from a practicing mechanical engineer certifying that the design and operation of the mechanical ventilation system meets the requirements of AS 1668 Parts 1 and 2.


43.       (451) Odour Control


 To ensure that adequate provision is made for the treatment of odours, the mechanical exhaust system shall be fitted with sufficient control equipment to prevent the emission of all offensive odours from the premises, as defined by the Protection of the Environment Operations Act, 1997.


44.       (410) Food Shop Registration Requirements


Occupation of the premises shall not occur until:


a)         a registration application to be submitted to Council’s Health and Environment Department for the food shop

b)         notification of the NSW Health Department under Standard 3.2.2 Division 2 Section 4 Notification.  This requirement is to be met by notifying through the following website: http://www.foodnotify.gov.au


45.       (411) Final Inspection (Food premises)


A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before trading commences.



The decision of the Panel was unanimous



·        The Panel agrees with the Officer’s assessment and proposed conditions of consent.


·        To provide clarity, the Panel has made a minor change to the wording of condition 2 relating to sign illumination.


38-42 Burns Bay Road Lane Cove




The Lane Cove Planning Panel refuse the variation to the Building Height standard in Clause 4.3(2) in Lane Cove Local Environmental Plan 2009, as the applicant’s written request does not adequately address the matters required to be demonstrated by Clause 4.6 of that plan, the proposed development would not be in the public interest because it is inconsistent with the objectives of the particular standard, the objectives for development in the zone and there are insufficient environmental planning grounds to justify the variation.


The Lane Cove Local Planning Panel at it’s meeting of 20 February 2019, as the consent authority, pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, refuse development consent to DA14/2018 for the demolition and construction of shop top housing on land at 38-42 Burns Bay Road Lane Cove for the following reasons:-




1.     The proposal does not satisfy the definition of shop top housing as contained in the Dictionary to Lane Cove Local Environmental Plan 2009 and is therefore prohibited in the B2 Local Centre zone.




2.   The proposed development breaches the height control. The excessive height towards Sera Street dominate the streetscape. The proposed development would not be in the public interest because it is inconsistent with the objectives of the Building Height standard, and the objectives for development in the zone. There are insufficient environmental planning grounds to justify the variation. The Clause 4.6 request for variation is not considered to be well founded and not supported.




3.    The Proposed development presents as 3 storeys towards Burns Bay Road where as the neighbouring sites are 2 storeys in presentation. The proposed development towards the rear would present as a five storeys even though the two upper levels have been set back. The adjoining building is 3 storeys.  The proposed development would dominate the streetscape.


4.    The proposed development does not comply with the rear setback requirements being 2 storey: Nil (commercial use) & 3m (residential use/shop top housing) 3+ storey: 6m. The proposed development would dominate the streetscape.


5.    Residential and commercial/retail parking and services/delivery areas conflict with pedestrian access. Level 2 residential lift opens on to commercial tenancies being a conflict and impacts upon the amenity of residential units.


6.    The proposed development does not provide for adequate landscape area and communal open space a minimum of 25% being 194m².


7.    The basement car park does not have commercial lift access to the basement parking level which does not provide equitable access to the commercial/retail tenancies. 


8.    A separation of the dwellings which front internal courtyards vary from 7.45m to 9.3m between bedroom windows of apartments. This separation is less than 12m which has been addressed by a continuous privacy screen. This addressed by providing a continuous privacy screen which is not considered acceptable as it would adversely impact upon the amenity of the dwellings.


9.   The bulk and scale of the development which results from the non-compliance with the height standard is not in character or context with the surrounding development.


Traffic and Parking


10   The proposed development should be refused as the proposed parking is unacceptable and does not comply with the requirements of Part C and Part R of LCDCP 2010.




a)      Insufficient parking spaces have been provided on-site to accommodate the development in accordance with Part R of LCDCP 2010.  The proposal requires a total of 26 parking spaces and only 24 parking spaces have been provided. This is a shortfall of 2 parking spaces.  Shared parking spaces with loading bays are not supported. 


b)      The commercial/retail tandem car parking spaces create potential traffic conflicts for the future tenancies as the tandem parking spaces may not be allocated to the same tenancy.


c)      The driveway ramp widths and circulation roadway are not in accordance with AS2890.1.  There is insufficient width to provide a two-way driveway ramp between the ground floor and basement car parking levels and a single width ramp has been provided.  This is insufficient as the one-way ramp does not provide adequate vehicular access between the ground floor and basement car parking as the width does not allow for any queued vehicles to maneuver around each other creating traffic conflicts within the parking which would create safety impacts, congestion and delays within the car park.


d)      The shared parking between the residential and commercial/retail components of the proposed development on the basement car park level creates safety concerns for the residents of the development and users of the retail/commercial parking spaces.  The commercial lift does not have access to this basement car park and the retail/commercial patrons would be required to traverse either up the internal stairs or, for equitable access, up the driveway ramp to the ground floor parking level to access the commercial lift. No pedestrian path is provided at 1:14 grade to facilitate equitable access.


e)      Having regard to the constrained nature of the site, the alternative parking solutions of tandem parking spaces and mixed commercial/retail and residential car parking provided by the Applicant are not supported.


Landscape and Communal Open Space


11   The proposed development should be refused as the amount of landscaping and communal open space provided should be increased to a minimum 25% of the site area.




a)      The proposed development has an insufficient amount of landscaping and communal open space that does not provide the future residents with a high level of amenity.


b)      The Level 4 communal open space should be increase by an additional 100m² to provide a landscaped communal open space area that would have a high amenity value to the future residents which would include facilities such as accessible bathroom, BBQ, power outlets, water and sink connections, tables with seating, overhead shading, podium tree canopy plantings to provide natural shade and landscaping.         

The Site


12.  The site is considered to be unsuitable for the development as proposed.



The decision of the Panel was unanimous




·        The Panel acknowledges that the applicant made a request to defer the matter to allow proposed amendments to be considered.  However, the Panel is of the view that the changes required to achieve an acceptable design resolution are of a magnitude which would necessitate the submission of a fresh DA.


·        The Panel agrees with the assessment and reasons for refusal as stated in the Officer’s report, and has included some additional reasons following consideration.


·        The Panel wishes to convey to the applicant that any new application should take into consideration the following matters:


·        the upper level setbacks to both Burns Bay Road and Sera Street should be increased to mitigate the impacts of the excessive height of the building;


·        front and rear elevations should be designed so as to reduce the visible bulk of the building;


·        Internal access to all residential apartments should be separated from access to serviced units and commercial/retail spaces; and


·       Separation between habitable windows should comply with the Apartment Design Guide.


The meeting closed at 6.15pm


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