Logo Watermark























Lane Cove Local Planning Panel Meeting

2 February 2021  


Lane Cove Local Planning Panel 2 February 2021





PRESENT:                              Hon David Lloyd, Chairman, Mr Kevin Hoffman, Planning Expert, Mr David Johnson, Environmental Expert, Ms Maria Linders, Community Representative


ALSO PRESENT:                  Mr Mark Brisby, Executive Manager, Environmental Services, Mr Rajiv Shankar, Manager, Development Assessment, Mr Greg Samardzic, Senior Town Planner, Ms Angela Panich, Panel Secretary





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


Lane Cove Local Planning Panel Reports


Unit 15/228-230 Longueville Road, Lane Cove




That the Lane Cove Planning Panel at its meeting of 2 February 2021 approve the proposed variations to the Building Height and FSR development standards in Clause 4.3(2) & 4.4(a) in Lane Cove Local Environmental Plan 2009 as the applicant’s written request does adequately address the matters required to be demonstrated. The proposed development would be in the public interest because it is consistent with the objectives of the particular standards, the objectives for development in the zone and there are sufficient environmental planning grounds to justify the variation.


The Lane Cove Local Planning Panel, in exercising its duties as the consent authority, pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, approve the subject Development Application DA180/2020 for alterations and additions to an existing residential flat building development to include a new bedroom/ensuite and enclosed alfresco extension to apartment unit 15 over the roof level at Unit 15/228-230 Longueville Road, Lane Cove subject to the following conditions:


General Conditions


1.         That the development be strictly in accordance with:

·    Drawing number/s: DA08-09 & DA11-12 Issue F dated 24/11/2020 and DA10 Issue G dated 15/12/20 prepared by Zugai Strudwick Architects


except as amended by the following conditions.


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


1A.       The raised floor of the proposed extension shall be adequate to accommodate the plumbing required for the master bed ensuite and suspended to facilitate inspection of services.

1B.       The addition shall be constructed in a manner which ensures appropriate noise insulation between adjoining dwelling units.


1C.      Location of the sewer stack to be identified and located so as to not create nuisance and noise and noted on the drawings PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

1D.      Dilapidation Report The applicant is to provide a dilapidation report of all apartment units within the zone of influence within the subject property. The dilapidation report must be prepared by a suitably qualified engineer.


  A first dilapidation report must be prepared and submitted to the Principal Certifying Authority prior to issue of a Construction Certificate.


  A second dilapidation report must be prepared at the completion of the works and be submitted to the Principle Certifying Authority prior to issue of an Occupation Certificate.


           Reason:   To provide a record of private infrastructure

2.         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.


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


            Reason: Statutory requirement.


4.         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.         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 Principal Certifier (PC) that they have complied with the applicable requirements of Part 6.  Council as the PC 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.


            Reason: Statutory requirement.


6.         An Occupation Certificate being obtained from the Principal Certifier before the occupation of the building.


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


7.         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 am to 5.30 pm

                                                               High noise generating activities, including rock breaking and saw cutting be restricted to between 8am to 5:00pm with a respite period between 12.00 noon and 1.30pm Monday to Friday.

        Saturday                                        8am to 12 noon

                                                                with NO excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N. 

Sunday                                        No work Sunday or any Public Holiday.


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.         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.         The development shall be conducted in such a manner so as not to interfere with the amenity of the units in the existing development and the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.


            Reason: To protect the environment and public amenity.


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


            Reason: To protect the environment.


13.       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.       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.


            Reason: Statutory requirement.


15.       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.       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.       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.       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.       The demolition works being confined within the boundaries of the site.


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


20.       All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.


            Reason: To ensure public safety.



21.       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.


22.       Compliance with Australian Standard 2601 - The Demolition of Structures.


            Reason: To ensure compliance with the Australian Standards.


23.       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.


24.       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.


25.       BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.


            Reason: Statutory requirement.






Reason: Council requirement to provide community services and infrastructure for additional resident.


General Engineering Conditions


27.       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.


28.       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 public safety and amenity.


29.       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.


30.       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 public safety.


31.       Restoration: Public areas must be maintained in a safe condition always. Restoration of disturbed Council land and assets 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.


32.       Public Utility Relocation: If any public services are to be adjusted, because 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.


33.       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 pedestrian access is maintained.


Engineering conditions to be complied with prior to Construction Certificate


34.    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 because of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred because 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.


  Reason:   To protect and maintain public infrastructure.


35.      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 Part O 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. A drainage design is required detailing the proposed stormwater replacement  works. 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.


  Reason:   To ensure existing and proposed stormwater system comply with Council’s requirements.


Engineering condition to be complied with prior to Occupation Certificate


36.       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. 


  Reason:   To ensure stormwater infrastructure is in accordance with Australian Standards and Council’s requirements.


Panel Reasons

The Panel supports the findings contained in the Assessment Report and endorses the reasons for the approval contained in that Report subject to amended conditions 7 and 9 and additional conditions 1A, 1B, 1C and 1D.



The decision of the Panel was unanimous



The meeting closed at 5.20pm




********* END OF MINUTES *********