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Minutes

Lane Cove Local Planning Panel Meeting

29 September 2021

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Lane Cove Local Planning Panel 29 September 2021

Minutes

 

 

 

PRESENT:                                         Hon David Lloyd, QC Chairperson, Mr Graham Brown, Expert Planner, Mr Kevin Hoffman, Expert Planner and Ms Maria Linders, Community Representative

 

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

 

DECLARATIONS OF INTEREST:    Nil

 

WEBCASTING OF COUNCIL MEETING

The Chairperson advised those present that the Meeting was being live streamed.

 

Lane Cove Local Planning Panel Reports

 

31 Fox Street, Lane Cove

 

 DETERMINATION

 

Part A

 

That pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, the Lane Cove Planning Panel at its meeting of 29 September 2021 grants a deferred development consent to Development Application 14/21 for the subdivision of the site into two Torrens title lots, alterations and additions to the existing dwelling house, a proposed dwelling house, fences, retaining walls and landscaping on existing Lot 22, DP 12009 and known as 31 Fox Street, Lane Cove, subject to the following:

 

1.            The submission of revised plans to confirm that  the FSR of the dwelling house on the proposed front lot 1 does not exceed the maximum permissible FSR of 0.5:1 under clause 4.3 Floor space ratio of the Lane Cove LEP 2009 (the LEP). FSR is to be calculated on a proposed site area of 455.3m2 as required by clause 4.5 (6A) of the LEP and is therefore not to exceed a gross floor area of 227.7m2. To achieve this, the proposed gross floor area is:

 

·                to be reduced by 1.5m2 and the reduction confirmed on revised plans;

·                the proposed access door to the existing subfloor area is to be deleted; and

·                the proposed subfloor area for the A/C condenser is to be deleted.    

 

Reason: To ensure that the FSR of the dwelling house on this lot does not exceed the development standard of the LEP.

 

2.            The submission of revised plans to confirm that the FSR of the dwelling house on the proposed rear lot 2 does not exceed the maximum permissible FSR of 0.5:1 under clause 4.3 Floor space ratio of the Lane Cove LEP 2009 (the LEP). FSR is to be calculated on a proposed site area of 559.1m2 under clause 4.1 of the LEP and is therefore not to exceed a gross floor area of 279.6m2. To achieve this, the proposed gross floor area is to be reduced by 5.4m2 and the reduction confirmed on revised plans.

 

Reason: To ensure that the FSR of the dwelling house on this lot does not exceed the development standard of the LEP.

 

3.            The height and levels of the dwelling house proposed on the rear lot 2 is to be reduced as shown on drawing DA 22, Revision B, dated 17/6/21, by Corben Architects.

 

Reason: To reduce its visual impact from adjoining properties.

 

4.            The useable depth of Terrace 2 at the rear of level 2 of the dwelling house on the proposed front lot 1 is to be reduced to a maximum of 3m.

 

Reason: To reduce its entertainment potential and satisfy the objective under Clause 1.8 Amenity of the Lane Cove Development Control Plan 2009 (the DCP) and to comply with clause 1.8.2 c) of this DCP.

 

5.            The driveway within the right-of-carriageway serving both proposed lots is to be widened to 3m along its entire length, and the pillar containing the mail box for the proposed rear lot 2 is to be relocated to the opposite side of the driveway as part of the front fence.

 

Reason: To provide a driveway of reasonable width.

 

6.            The payment of additional Development Application fees of $2,049.

 

Reason: The difference between the Applicant’s estimate of the cost of works of

$2,445,500 and the estimate of $1,850,000 stated on the Pre-Lodgment Application Form submitted for this application.   

 

Revised plans that address points 1 - 5, and the payment required by point 6, under Part A above are to be submitted to Council within 12 months of the granting of this deferred commencement consent. Commencement of the approval cannot commence until Council has confirmed in writing that all six matters required under Part A above have been provided and are satisfactory.  

 

Part B

 

Subject to all of the six matters under Part A above being satisfied, an Operative Consent and plans be issued subject to the following conditions:

 

Plans

 

1.         (20) That the development be strictly in accordance with drawings (numbers to be inserted at a later date) that address the requirements of Part A above except as amended by the following conditions.

 

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

 

Subdivision

 

2.         SECTION 7.11 CONTRIBUTIONS.

           

            (14) THE PAYMENT OF A CONTRIBUTION FOR AN ADDITIONAL THREE (3) PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN. THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $20,000 (CAPPED UNDER THE REFORMS OF LOCAL DEVELOPMENT CONTRIBUTION). NOTE: PAYMENT MUST BE A BANK CHEQUE -   PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

Reason: To provide community services and infrastructure for additional residents.

 

3.         (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator. Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

Following application, a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifier prior to the release of the plan of subdivision.

 

Reason: Statutory requirement.

 

4.          (26) The instruments required by conditions 5, 7,10,11,12 and 13 providing for the prior consent of Lane Cove Council to release, vary or modify.

 

            Reason: To ensure matters affecting Council’s interests are addressed.

 

5.          (27) The submission for Council's approval and endorsement where necessary, of all instruments creating restrictive covenants including drainage easements, rights-of-way and the letter box for the proposed rear lot, prior to release of the Subdivision Certificate.

 

Reason:  To ensure any restriction on both lots is addressed to Council’s satisfaction.

 

6.          (28) Submission of final Subdivision Certificate plans (plus 5 copies) and a Section 88B Instrument (plus 5 copies) prepared by a Registered Surveyor.

 

Reason: To enable the registration of the subdivision with Land Registry Services.

 

7.          (32) The creation of a right-of-carriageway over the common section of the access driveway serving both lots.

 

Reason: To provide legal access to the proposed rear lot 2.

 

8.          (33) The demolition of the existing garage and room above and swimming pool and the construction of the replacement driveway providing access to both proposed lots prior to the release of the Subdivision Certificate.

 

Reason: To ensure access is provided for both lots.

 

9.          (34) Fences adjoining the access strip not exceeding 900 mm in height between the existing dwelling house (building line) and the street frontage.

           

             Reason: To improve both the amenity of the streetscape and pedestrian safety.   

 

10.        (X1) Section 88B Instrument: An Instrument under Section 88B of the Conveyancing Act 1919, plus two copies, is to be submitted to Council prior to the release of the Subdivision Certificate. The Section 88B Instrument is to properly reflect the requirements of the conditions of this development consent, the plans that are part of it and Council’s policies.

 

Where Council, inter-allotment drainage lines or services are located within the development, drainage easements and easements for services are to be created in accordance with Council’s minimum widths as set out under Part O Stormwater Management of the Lane Cove DCP 2009.

 

Part 2 of the Section 88B Instrument shall contain a provision that any easements, rights of way or covenants are not to be extinguished or altered without the written consent of Council.

 

Reason: Statutory requirement.

 

11.      (X2) Linen Plan of Subdivision: A Linen Plan of Subdivision, plus five copies, is to be submitted to Council prior to the release of the Subdivision Certificate.

 

The Linen Plan of Subdivision is to be suitable for endorsement by Council’s General Manager pursuant to Section 327 of the Local Government Act and shall properly reflect the requirements of the conditions of this development consent, the plans that are part of it and Council’s policies.

 

Reason: Statutory requirement.

 

12.      (X4) Easement Requirements: The following additional easement is to be created prior to the release of the Subdivision Certificate:

 

·                a 1.8m wide drainage easement through proposed Lot 2 in favour of proposed Lot 1 for the proposed 225mm diameter pipe as per Section 12.1 of Part O Stormwater Management of the Lane Cove DCP 2009

 

The creation of this easement is to satisfy Section 12.3.1 under the DCP. Standard wordings are to be obtained from Council.

 

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

 

13.      (X6) Right of Way requirements: The following additional right of way is to be created prior to the release of the Subdivision Certificate:

 

·                a 3m wide right of way over proposed Lot 1. Standard wordings are to be obtained from Council.

 

Reason: Statutory requirement.

 

 

14.        (29) The Subdivision Certificate will only be released by Council upon satisfactory compliance with the requirements of conditions 1 - 8 and 10 - 13 and subject to the Subdivision Certificate being substantially in accordance with the approved Plan of Subdivision.

 

            Reason: To provide the necessary drainage, services and legal access over both  proposed lots.

 

Specific

 

15.        The implementation of the recommendations of the Preliminary Site Investigation Report, reference E2148 -1, dated 24 March 2021, by Geotechnical Consultants Australia Pty Ltd.

 

            Reason: To ensure any contaminated structures and/or soils are assessed, demolished and removed from the site under relevant controls.   

 

16.        The construction of both dwelling houses is to implement the recommendations of the acoustic report reference SYD2021-1065 - R001B, dated 13 May 2021, by Acouras Consultancy.

 

Reason: To ensure both dwelling houses satisfy the acoustic requirements of

clause 102 (3) of State Environmental Planning Policy (Infrastructure) 2007.

 

17.        The following windows on the west façade of the dwelling house on the proposed front lot 1 are to be treated in obscure glass up to 1.7m above the respective FFL of the relevant room/landing, or the sill height of this window is to be raised to the same level, or an external fixed privacy screen is to be attached to the window:

 

·               the rumpus room on level 1;

·               bedroom 3 on level 2; and

·               the landing of the internal stairs; and in addition,

 

a privacy screen 1.7m high above the FFL of Terrace 3 at the rear of level 1 of this same dwelling house is to be attached along its western side.

 

PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE. 

 

Reason: To reduce potential overlooking of the adjoining property to the west of the site, at 33 Fox Street, and to protect the amenity of its residents.

 

18.        The following windows on the east façade of the dwelling house on the proposed front lot 1 are to be treated in obscure glass up to 1.7m above the respective FFL of the relevant room, or the sill height of this window is to be raised to the same level, or an external fixed privacy screen is to be attached to the window:

 

·               bedrooms 4 and 5 on level 1; and

·               bedroom 1 and its ensuite, and the living room windows, on level 2.

 

PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE. 

 

           Reason: To reduce potential overlooking of the adjoining property to the east of the site, at 29 Fox Street, and to protect the amenity of its residents.

 

19.       The following windows on the east façade of the dwelling house on the proposed rear lot 2 are to be treated in obscure glass up to 1.7m above the respective FFL of the relevant room, or the sill height of this window is to be raised to the same level, or an external fixed privacy screen is to be attached to the window:  

 

·               the study on level 1;

·               bedrooms 2 and 3 on level 2; and in addition,

 

            a privacy screen 1.7m high above each riser and the landing of the exterior stairs (stairs 2) on this same façade is to be attached along its eastern side.

 

PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A     CONSTRUCTION CERTIFICATE. 

 

            Reason: To reduce potential overlooking of the adjoining property to the east of the site, at 80A River Road West, and to protect the amenity of its residents.

 

20.        Landscaped area, as defined under the Lane Cove Council DCP 2009 (the DCP), is not to be less than 35% of the area of each proposed lot. This is to be confirmed on plans submitted with a Construction Certificate and in the Certificate of Completion of landscape works. 

 

             Reason: To ensure compliance with the provision under clause 1.5 a) of the DCP so that a reasonable landscaped area is provided for the residents of each lot.  

 

21.        Prior to the issue of a Construction Certificate for the dwelling house on the proposed rear lot 2, the vehicular access gate within the existing rear boundary fence is to be replaced with timber palings to match the existing fence.      

 

            Reason: To prevent access between this lot and Tennyson Park

 

General

 

22.       (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.

 

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

 

            Reason: Statutory requirement.

 

24.       (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.

 

25.       (12) 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.

           

            Reason: Statutory requirement.

 

26.       (17) An Occupation Certificate being obtained from the Principal Certifier before the occupation of the dwelling house on each lot.  

 

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

 

27.       (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.

 

28.       (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.

 

29.       (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.

 

30.       (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.

 

31.       (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(s) 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 sign(s) shall be maintained for the duration of construction works.

 

Reason: To ensure public safety and public information.

 

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

 

            Reason: To protect the environment.

 

33.       (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  for both dwelling houses. 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.

 

34.       (57) Structural Engineer's details being submitted to the Principal Certifier PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE for the following:-

 

a) retaining walls;

b) footings;

c) reinforced concrete work;

d) structural steelwork; and

e) upper level floor framing.

 

            Reason: Statutory requirement.

 

35.        (58) A Structural Engineer's Certificate being submitted to the Principal Certifier certifying that the existing dwelling house is capable of carrying the additional loads. Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

            Reason: To ensure structural adequacy.  

 

36.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

            Reason: To address public amenity.

 

37.       (61) All timbers complying with Timber Framing Code AS 1684 - 2010.

 

            Reason: To ensure compliance with the relevant Australian Standard.

 

38.       (62) All glazing is to comply with the requirements of AS 1288.

 

            Reason: To ensure compliance with the relevant Australian Standard.

 

39.       (63) All metal deck roofs being of a ribbed metal profile and these, and metal wall cladding, both being in a mid to dark colour range with an anti-glare finish.

 

            Reason: To reduce sun reflection and glare to protect the amenity of surrounding residents.

 

40.       (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 

 

If the noise emitted from the air conditioning unit results in offensive noise Council may prohibit the use of the unit under the provisions of the Protection of the Environment Operations Act 1997.

 

Reason: To protect the amenity of adjoining residents.

 

41.       (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, the Regulations and WorkAuthority. Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

Reason: To ensure public safety.

 

42.        (67) 

 

(a)        The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

(b)        Notwithstanding the prohibition under condition (a), the Principal Certifier may approve the use of rock pick machines providing that:-

 

(1)        a Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties;

(2)        the report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties;

 

(3)        with the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING - where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers, and where such permission is still refused, Council may exercise its discretion to grant approval; and

(4)        the Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Reason: To protect adjoining properties.

 

43.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in each dwelling house.

 

This requirement is satisfied by: -

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

            (ii)        in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

Reason: Statutory requirement.

 

44.       (70) Protection of each dwelling house against subterranean termites must be carried out in accordance with AS 3660.

 

Reason: Statutory requirement.

 

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

 

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

 

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

 

            Reason: To protect the amenity of the area.

 

47.       (74) All demolition works being completed within a period of three (3) months from the date of commencement.

 

            Reason: To protect the amenity of the area.

 

48.       (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 7m from the specified item.

 

            Reason: To protect the amenity of neighbouring properties.

 

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

 

            Reason: To ensure public safety.

 

50.       (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.

 

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

 

            Reason: To ensure compliance with the Australian Standards.

 

52.       (87) Council’s verge in front of the site to be kept clear and trafficable at all times.

 

Reason: To maintain pedestrian access.  

 

53.       (130)  Compliance with the Waste Management Plan submitted under this application.

 

Reason: To protect the surrounding environment.

 

54.       (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.

 

55.       (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%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Reason: To ensure the levy is paid.

 

56.       (142) BASIX - Compliance with all the conditions of the BASIX Certificates submitted with this application. 

 

Reason: To ensure both dwelling houses achieve minimum heating/cooling/energy and water efficiency.

 

57.       (143) Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services to the proposed rear lot 2. Note: waste and recycling bins are to be presented at the Fox Street kerbside for collection.

 

Reason: To protect the amenity of the area.

 

Engineering 

 

58.       (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 requirements.

 

59.       (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 public safety and amenity.

 

60.       (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.

 

61.       (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 public safety.

 

62.       (A5) 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.

 

63.       (A6) 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.

 

64.       (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 pedestrian access is maintained.

 

65.       (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be reconstructed or relocated to be clear of the proposed building works. The Applicant must lodge a Stormwater Inspection Application form to Council. All costs associated with the reconstruction or relocation of the stormwater line are to be borne by the Applicant. The Applicant is not permitted to carry out any works on existing Council and private stormwater pipe lines without Council’s approval.

 

Reason: To protect public infrastructure.

 

66.       (A9) Services: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the Applicant.

 

Reason: To protect and maintain infrastructure assets.

 

67.       (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping, driveway and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: the finished floor level of the proposed garage on each lot shall be determined by Council.

 

Reason: To provide consistent street alignment levels.

 

   Engineering conditions to be complied with prior to Construction Certificate

 

68.       (B1) Council Infrastructure Damage Bond: The Applicant shall lodge with Council a $4,000 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 the issue 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.

 

69.       (D2) Drainage Plan Amendments: The stormwater drainage plans H - DA - 01 and H - DA-02, Revision A, dated 8.12.20, by itm design pty ltd, are to be amended as detailed below and certified by a qualified practising Hydraulic Engineer. These amended plans are to show full details of the new pipe network required to be amended and are to satisfy Part O Stormwater Management under Council’s DCP 2009 (the DCP) as follows:

 

1.         an OSD system, or a 10,000 litre rainwater tank, for each lot;

2.         the proposed drainage system is to show pipe sizes and invert levels up to the connection point, and is to confirm that the pipe system satisfies Part O of the DCP;

3.         clean out pits are required at all low points of a charged drainage line if a charged pipe system is proposed;

4.         a sediment control fence is to be placed around the construction site and shown on plan;

5.         a silt arrester pit mesh (RH3030) and sump (300mm) - as shown in Section 3.4.1 of the DCP - are required within the site at the start of the discharge pipe to Council’s system;

6.         runoff from the driveway is to be collected by a grated driveway pit and connected to the stormwater system;

7.         the entire roof area is to be connected to each rainwater tank as per Section 7.3;

8.         a minimum height difference of 1.8m is required between the start and end of the charged pipe system as per Section 5.1, and the details of this design level difference is to be shown in the plans;

9.         the existing Council pipe system within Tennyson Park must be accurately located and marked on the stormwater management plan with its pipe size and invert level at the connection point to confirm this connection satisfies Council’s requirements – please note that under Council’s mapping system, there is a 900mm diameter pipe within Tennyson Park - this proposed connection is to satisfy Section 4.3; and

10.      the proposed rainwater reuse system is to have a minimum effective capacity of 10,000 litres and is to be installed in accordance with Section 7.3 of Council’s Rainwater Tank Policy and relevant Australian Standards; each tank is to have a 100mm air gap on top and a 100mm sludge zone at the bottom.

 

The amended design is to be certified by a suitably qualified Engineer that it fully complies with AS 3500 and Part O of the DCP, and the amended plans and certification are to be submitted to the Principal Certifier prior to the issue of the Construction Certificate.

The Principal Certifier is to be satisfied that the amendments have been made in accordance with these requirements, the amended plans are adequate for the purposes of construction and is to determine what details, if any, are to be added to the Construction Certificate plans, for the issue of the Construction Certificate.

 

Reason: To ensure the proposed stormwater design meet and satisfies Part O Stormwater Management under the Lane Cove DCP 2009.

 

70.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed strictly in accordance with the drainage plans as amended by condition 69 (D2) above.

 

Certification of these amended pans by a suitably qualified Engineer is to be submitted to the Principal Certifier stating that the design fully complies with AS 3500 and Part O Stomwater Management of the Lane Cove DCP 2009. The plans and certification are to be submitted prior to the issue of the Construction Certificate.

 

The Principal Certifier is to be satisfied of the adequacy of the certified plans for the purposes of construction, and is to determine what details, if any, are to be added to the Construction Certificate plans, for the issue of the Construction Certificate.

 

Reason: To maintain the stormwater management of the property.

 

71.   (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties, including all Council infrastructures, located within 5m of the proposed excavation the Applicant shall:-

 

(a)  seek independent advice from a suitably qualified Engineer on the impact of the proposed excavations on the adjoining properties;

(b)  detail what measures are to be taken to protect those properties from undermining  during construction;

(c)   provide Council with a certificate from the Engineer on the necessity and adequacy of  support for the adjoining properties;

 

the above matters are to be completed and documentation submitted to the Principal l Certifier prior to the issue of the Construction Certificate; and

 

(d)  provide a dilapidation report of the adjoining properties and Council infrastructure.

 

The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified Engineer.

 

A second dilapidation report, recording structural conditions of all structures originally assessed, shall be submitted to the Principal Certifier prior to the issue of the Occupation Certificate.

 

All recommendations of the suitably qualified Engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

   Reason: To protect surrounding properties.

 

72.      (V2) Replacement of Vehicular Crossing: The vehicular crossing servicing the property is to be reconstructed prior to the issue of the Occupation Certificate. The driveway is to be designed to stop road runoff entering the property and is to be constructed in accordance with AS 2890.1.2004 “Off Street Car Parking”. The vehicular crossing is to be constructed to the specifications and levels issued by Council. The driveway opening width along the face of the kerb is to be no wider than 3m. The driveway is to be setback a minimum of 300mm from any existing power pole or stormwater pit.

 

The following plans are to be prepared and certified by a suitably qualified Engineer:

 

·            a longitudinal section along the extreme wheel paths of the driveway/access ramp at a scale of 1:20 demonstrating compliance with the scraping provisions of AS 2890.1; this is to include all levels and grades, including those levels stipulated at boundary levels, both existing and proposed, from the centre line of the roadway through to the parking area, and is to clearly demonstrate that the driveway complies with Australian Standard 2890.1-2004 “Off Street Car Parking” , and is to address the following:

 

-         transitional grades in accordance with AS 2890 are to be provided; and

-       if a gradient of more than 25% is proposed, the Engineer must certify that the design is safe and environmentally sustainable; and

-       sections that show the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS 2890.1.

 

The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. A ‘Construction of Residential Vehicular Footpath Crossing’ application, design and certification are to be submitted to the Principal Certifier prior to the issue of the Construction Certificate.

 

All works associated with the construction of the crossing are to be completed prior to the issue of the Occupation Certificate.

 

Reason: To ensure compliance with the relevant Australian Standards and Council’s standards.

 

73.      (S1) Stormwater Requirement: Stormwater runoff from all impervious areas is to be collected and disposed of using the following mechanism:

 

·           only roof areas are to drain to the reuse system with the overflow draining into the easement pipe system;

·           all other areas are to drain to the easement pipe system as per Section 7.4 of the DCP; and

·           an environmental pollution control pit is to be installed just prior to the connection to the Council system.

 

The design and construction of the drainage system is to fully comply with AS 3500 and Part O Stormwater Management of the Lane Cove DCP 2009. The design is to ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so that it does not have an adverse impact upon adjoining properties.

 

Reason: To ensure compliance with Council’s requirements.

           

  Engineering conditions to be complied with prior to commencement of construction

 

74.       (C2) Erosion and Sediment Control: The Applicant shall install erosion and sediment control devices prior to the start of any works on the site. The devices are to address the requirement under provision b), Part H.10 “Preparation of a Sediment Control Plan“ of Part O Stormwater Management of the Lane Cove DCP 2009. The devices are to be maintained during the construction period and replaced when necessary.

 

Reason: To ensure worksite pollutions are controlled accordingly to protect the environment.

 

 

75.    (D7) Safety fence along the boundary of the property: Before the commencement of any works, a barrier, or temporary fencing, is to be provided along the full frontage of the property.

 

Reason: To ensure the safety of road and footpath users.

 

76.    (R2) Rainwater Reuse Tanks: The Applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 litres for each dwelling house. Rainwater tanks are to be installed in accordance with Section 7.3 of Council’s Rainwater Tank Policy and relevant Australian Standards. The plumbing requirements are:-

 

§   rainwater draining to the reuse tanks is to drain from the roof surfaces only - no “on - ground” surfaces are to drain to the reuse tank - “on - ground” surfaces are to drain via a separate system; 

§   mosquito protection and a first flush device are to be fitted to each reuse tank;

§   each tank shall have an effective volume of 10,000 litres, with a 100mm air gap on top and a 100mm sludge zone at the bottom;

§   the overflow from each rainwater reuse tank is to drain by gravity to the receiving system;

§   each rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap;  and

§   an hydraulic calculation is required for a charged pipe system draining to each rainwater tank that satisfies Part O Stormwater Management of the Lane Cove DCP 2009. 

 

Reason: To ensure the requirements for OSD exclusion comply with Council’s requirements.

 

Engineering conditions to be complied with prior to Occupation Certificate

 

77.       (M2) Certificate of Satisfactory Completion:  A certificate from a registered and licensed Plumber, or a suitably qualified Engineer, must be obtained for the following matter. The Plumber is to provide a copy of their registration papers with the certificate. The relevant certificate is to be submitted to the Principal Certifier prior to the issue of any Occupation Certificate.

·                Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Part O Stormwater Management of the Lane Cove DCP 2009. 

 

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

  

78.      (M3) Engineering Certification: A suitably qualified Engineer is to certify that the rainwater tanks have been constructed in accordance with the amended plans and are within acceptable construction tolerances.

 

Certification is to be submitted to the Principal Certifier prior to the issue of the Occupation Certificate.

 

Reason: Statutory requirement.

 

79.      (K1) Council Construction Requirements:

            The Applicant is to construct/reconstruct the  following to Council’s satisfaction:

 

·           restore all disturbed surface in Tennyson Park with turf; and 

·           reinstate all damaged assets in Fox Street.

 

Reason: To address Council’s requirements for site restoration.

 

80.      (K4) Council Inspection Requirements: The following items are to be inspected:

 

·           the proposed stormwater connection to the existing pipe in Tennyson Park; and

·           any adjustment works in Tennyson Park and Fox Street.

 

Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting between Council and the contractor to discuss Council’s construction/set out requirements, is to be undertaken prior to the commencement of any of the above works.

 

An Inspection fee ($205 for one inspection) is to be paid prior to the issue of the Construction Certificate.

 

Reason: To ensure the completed works are satisfactory to Council.

 

Landscaping                                               

 

81.       A Landscape Checklist as required by Part J - Landscaping under the Lane Cove Council DCP 2009 (the DCP) must be completed and signed by the Landscape Architect. The following items are to be completed on the landscape plans:

 

             -    4. The location of existing services e.g. sewer, stormwater, underground cables and easements.

-        8.  The location of new and/or altered services e.g. sewer, stormwater, underground cables.

-        10. Proposed tree protection measures.

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

            Reason: To ensure all issues that could potentially affect landscaping are addressed. 

 

82.       All tree protection measures as outlined in the Aboricultural Impact Assessment, dated 17.11.20, by Michael Shaw, especially in relation to tree 20, must be shown on landscape plans. 

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

Reason: To ensure that all tree protection measures are undertaken during all stages of the development.

 

83.       As the proposed development would be adjacent to bushland and within close proximity of Tennyson Park, some species in the suggested plant list are deemed unsuitable for the area and are to be replaced with more indigenous species. The plants in the following table are to be replaced: 

 

Suggested species

Replacement species

o   Cyathea cooperi

o   Must be replaced with Cyathea australis

o   Acmena ‘Sublime’

o   To be replaced with Acmena smithii ‘Minor’

o   Camellia ‘Paradise Bush’

o   To be chosen from ‘Approved Plant List’ in Part J

o   Gardenia augusta ‘Florida’

o   To be chosen from ‘Approved Plant List’ in Part J

o   Hydrangea macrophylla

o   To be chosen from ‘Approved Plant List’ in Part J

o   Crinum pendunculatum

o   To be chosen from ‘Approved Plant List’ in Part J

 

The proposed replacement trees are to incorporate a mix of larger and smaller species to adequately replace the existing canopy cover of the site. The current proposed replacement species do not exceed a mature height of 12m whereas some of the removed species have reached heights of 15m.

 

17 trees (excluding the Cotoneaster as it is an invasive species) that are proposed to be removed must be replaced at a ratio of 1:1, with the replacement tree having the ability of reaching the mature dimensions of the tree to be removed.

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

Reason: To replace the tree canopy loss from the site as a result of the development, to achieve objective 12 for new development under Part J Landscaping of the DCP and to address the Climate Emergency declared in 2019.  

 

Bushland                                                     

 

84.       (308) Rubbish must be stored in a locked container/cage. Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

Reason: To avoid illegal dumping in bushland and wildlife access to rubbish and foreign materials and to minimise the likelihood of chemical spills, building waste and foreign materials from entering bushland. 

 

85.       (321) There shall be no access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

Reason: To ensure compliance with objective 1 of part H.1 Objectives under Part H -  Bushland Protection of the Lane Cove DCP 2009 which sates:

 

1. To protect both public and private bushland from adjacent development which could result in any adverse change to the condition of bushland through altered moisture conditions, increased nutrient levels, soil movement, invasive or inappropriate plant species and proximity of development. 

 

86.   There shall be no access through public open space for gaining access (access and egress) to private property.

 

Reason: To ensure general compliance with objective 1 of part H.1 Objectives under Part H - Bushland Protection of the Lane Cove DCP 2009 which seeks to protect public open space from private access and egress use that could have an adverse impact on the condition of public open space through altered conditions, including soil compaction, soil movement and the distribution of weeds. 

 

87.       (332) During construction/landscaping bushland must be kept clean of all building materials and rubbish. Any rubbish that is blown into bushland must be immediately cleaned up.

 

Reason: To avoid any foreign material from entering bushland.

 

88.       (333) In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Coordinator Bushland must be notified immediately. Any clean-up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Coordinator Bushland.

 

Reason: To ensure appropriate action is taken in the clean-up of environmentally sensitive areas and that this action is reported to the relevant authority.

 

89.       (335) All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

 

Reason: To maintain the amenity of natural bushland, by minimising artificial light and noise, and the amenity of neighbouring properties in close proximity to neighbouring bushland.

 

90.       (150) Native plants are to be installed and used as screening to provide a buffer to absorb light and noise pollution from entering the bushland. Council’s Backyard Habitat Officer (Backyardhabitat@lanecove.nsw.gov.au or 9911 3654) is to be consulted for appropriate planting for screening.

 

Reason: To minimise the spread of weeds and exotic species entering bushland from neighbouring properties by selecting native plants as a buffer, and to maintain the amenity of natural bushland by minimising the impacts of artificial light and noise through natural screening.

 

91.       (305) All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974. If during demolition, earthworks or construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

Reason: To ensure compliance with:

 

·         the National Parks and Wildlife Act 1974; and

·        sections 4.1.2, subclause 5), and 4.1.3, subclause 22), under Lane Cove Council’s Bushland Plan of Management which seek to:

 

5) To protect and manage the aesthetic, Aboriginal, archaeological, historical, scientific and social values of bushland for past, present and future generations; and

 

22) Follow the recommendations of the Aboriginal Heritage Management Report when working around Aboriginal sites, respectively.

 

            Tree protection

 

92.       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 (the SEPP).

 

Part 2 Section 7(1) of this 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.”

 

The removal of trees or vegetation protected by this SEPP 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.

 

Reason: To protect the natural environment.

 

93.       A Project Arborist, of minimal AQF Level 5 qualification, is to be appointed prior to the issue of the Construction Certificate to oversee/monitor the condition of retained trees during construction and sign-off on tree protection measures. These trees are to be monitored throughout construction and a certificate produced upon completion demonstrating they have been maintained in good condition. All certificates are to be available to the Principal Certifier within five days of site attendance and must be available to Council immediately upon request; failure to produce the latest certificate will be considered a breach of conditions. Final certification is to be submitted to the Principal Certifier prior to the issue of Occupation Certificate.

 

Reason: To provide monitoring to retained trees to minimise development impact.

 

94.       The proposed stormwater plan for both proposed lots is to be revised under the guidance of the Project Arborist to ensure that the proposed stormwater pipes and pits do not increase the level of impact on any retained trees, particularly tree 20, as identified in the Aboricultural Impact Assessment, dated 17.11.20, by Michael Shaw submitted with this application (and hereinafter referred to as the Arborist’s Report). This revised plan is to be approved by the Project Arborist and submitted to the Principal Certifier prior to the issue of the Construction Certificate.

 

Reason: To minimise the impact of the development on retained trees.

 

95.       The Project Arborist is to attend the site to inspect trees and at the following intervals, with each attendance to be followed by a written certification submitted to the Principal Certifier within five days of attendance: -

 

a.      Prior to the commencement of any works to mark approved trees for removal.

b.      Prior to the commencement of works to approve tree protective measures have been installed.

c.      During the demolition of any structures within the Tree Protection Zone (TPZ) of retained trees.

d.      During the installation of structures approved within the TPZ of any retained tree.

e.      Prior to, and during the installation of, services where required within the TPZ of retained trees.

f.       Monthly intervals during the development works.

g.      Upon the completion of the development prior to the Occupation Certificate.

 

Reason: To provide monitoring to retained trees so as to minimise the impact of the development.

96.       Tree protection measures are to be installed and maintained in accordance with the tree protection plan contained in Appendix 4 of the Arborist’s Report. All tree protection measures are to be installed prior to the commencement of any works on site inclusive of demolition. The Project Arborist is to approve compliance with the required tree protection measures in writing and submit this to the Principal Certifier prior to the issue of the Construction Certificate.

 

Reason: To ensure retained trees are adequately protected during the development.

97.       An irrigation plan is to be implemented as part of the on-going management of retained tree 20 located in the centre of the site during the development process and is to be included in the Site Management Plan. The plan is to be approved by the Project Arborist and submitted to the Principal Certifier prior to the issue of the Construction Certificate.

 

Reason: To minimise the impact of the development on retained trees.

 

98.       The Project Arborist, or a qualified Horticulturalist, is to undertake monthly inspections of the irrigation for tree 20 to ensure it is maintained in adequate functional condition. During these inspections, the soil moisture in its TPZ is to be monitored and adjustments made to the rate of watering as required. Its soil moisture should be maintained at no less than 60% of the field capacity of the soil.

 

Reason: To maintain the health of this tree throughout the development.

 

99.       All tree protection measures, inclusive of irrigation plans, are to be included in construction plans and made available to all contractors on the site. These plans are to show the location of site sheds, storage and stockpiles located outside of the TPZ of any retained tree on the site. These plans are to be reviewed and approved in writing by the Project Arborist prior to the issue of the Construction Certificate.

Reason: To manage the impacts of the development on retained trees.

 

100.     Tree 20 is to be provided with a 100mm layer of leaf mulch in the southern section of its TPZ. The mulch is to be retained and maintained for the duration of the development.

 

Reason: To maintain the health of this tree throughout the development.

 

101.     Approval is granted for the removal of trees located on the site strictly in accordance with the Arborist’s Report. All other trees are to be retained and protected throughout the development.

 

Reason: These trees would be subject to intolerable levels of impact under the development.

 

 

102.     Trees removed under this consent must be replaced at a minimum ratio of 1:1. All plantings/landscaping must comply with Part J Landscaping of the Lane Cove Development Control Plan 2009 and be installed prior to the issue of the Occupation Certificate.

 

Reason: To provide replenishment planting for trees removed under this development.

 

103.     The proposed driveway to the east and north east of tree 20 is to be suspended above grade on piers. The space below the drive is to be retained as a void and no fill is to be placed within its TPZ.

 

Reason: To minimise the impact of the development on retained trees.

 

104.     All piers within the TPZ of retained tree 20 are to be manually excavated to an initial depth of 600mm, and all its roots greater than 40mm in diameter are to be retained. In the event its roots are in the location of a proposed pier, the pier is to be relocated to ensure its roots are retained. Roots less than 40mm in diameter may only be pruned by the Project Arborist, who is to document the roots pruned and provide written certification identifying compliance with this condition to the Principal Certifier and approved prior to the issue of the Occupation Certificate.

 

Reason: To minimise the impact of the development on retained trees.

 

105.     No level changes are to take place within the TPZ to the south of tree 20 except for the minor encroachment from the proposed dwelling house.

 

Reason: To minimise the impact of the development on retained trees.

 

106.    All works around tree 20 are to be carried out under the strict supervision of the Project Arborist as outlined in the Arborist’s Report. 

 

Reason: To minimise the impact of the development on this tree.

 

107.     Pursuant to Section 4.17 of the Environmental Planning and Assessment Act 1979, the Applicant must, prior to the issue of the Construction Certificate, provide security in the amount of $10,000 (by way of cash deposit with the Council, or a guarantee satisfactory to the Council) for the payment of the cost of making good any damage caused, as a consequence of the doing of anything to which this development consent relates, to the Turpentine street tree within Council’s verge immediately in front of the subject site. This bond may be forfeited in the event of damage to this street tree as a result of the development works as determined by Council’s Tree Management Officer; as a minimum, the cost of replacing this street tree, including labour, will be deducted from the bond. The Applicant is to contact Council to have this street tree inspected following issue of the Occupation Certificate.

 

Reason: To protect the natural environment.

 

108.     The Project Arborist must provide a statement demonstrating that the health and vitality of all retained trees has not been reduced at the completion of this development.  This statement must contain recommendations for the management of these trees to ensure their on-going viability.  A copy of this statement must be submitted to Council and any remediation that is required is to be implemented PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

 

Reason: To provide monitoring of these trees so as to minimise the impact of the development.

 

Health

 

109.     (406) Stabilised Access Point

 

A stabilised all weather access point is to be provided prior to the commencement of any works on the site and maintained throughout all activities until the site is stabilised. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

 

Reason: Environmental protection.

 

110.     (466) Storage of Potentially Contaminated Soils

 

All stockpiles of potentially contaminated soil must be stored in an environmentally acceptable manner in a secure area on the site.

 

Reason: Environmental protection.

 

111.     (467) Assessment of Potentially Contaminated Soils

 

All stockpiles of potentially contaminated soil must be assessed in accordance with relevant NSW Environment Protection Authority (EPA) guidelines, such as the publication titled Environmental Guidelines: Assessment, Classification and Management of Liquid and Non – Liquid Wastes (EPA, 1999).

 

Reason: Environmental protection.

 

112.     (468) Off-site Disposal of Contaminated Soil

 

All contaminated soil removed from the site must be disposed of at a waste facility that can lawfully receive that waste. Copies of all test results and disposal dockets must be retained for at least three years and be made available to authorised Council officers on request.

 

Reason: Environmental protection

 

Panel Reasons

 

The Panel supports the findings contained in the Assessment Report and endorses the reasons for approval contained in that Report.  In particular, the conditions of consent appropriately respond to the issues raised by those persons who have made submissions on the development application.

 

 

The decision of the Panel was unanimous

 

 

14-16 Orion Road, Lane Cove West

 

DETERMINATION

 

That the Lane Cove Planning Panel approve the proposed variations to the Building Height and FSR development standards in Clause 4.3(2) & 4.4(2) 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 variations.

 

The Lane Cove Local Planning Panel, at its meeting of 29 September 2021, 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 DA59/2021 for the warehouse building development on land at Nos. 14-16 Mars Road Lane Cove West subject to the following conditions:-

 

  1.         That the development be strictly in accordance with Drawing Nos. DA001 & 100 Issue 7, DA101 Issue 3, DA102 Issue 7, DA103 Issue 3, DA104 Issue 7 DA105 Issue 3, DA106 Issue 6, DA200 Issue 3, DA201 Issue 7, DA300 Issue 5, DA301 Issue 4 & DA 601 Issue 1 dated 19/05/21 prepared by SBA Architects and Landscape Drawings Nos. 000-001 Issue E, 101-104 Issue D dated 09.07.21, 501 Issue C dated 20.05.21, 601-603 Issue B, 701 Issue C, 702-703 Issue B, 801 Issue C, 802 Issue A, 902 Issue B dated 09.07.21 prepared by Site Image.

 

              except as amended by the following conditions.

  

              In the event of any inconsistency between the approved plans and the supporting documentation, the approved plans prevail. Note: an inconsistency occurs between an approved plan and supporting documentation or between an approved plan and a condition when it is not possible to comply with both at the relevant time.

 

            Reason: To ensure all parties are aware of the approved plans and supporting         documentation that applies to the development.

 

1A.       The following updated information is to be submitted to Council for approval prior to  the issue of the relevant Construction Certificate.

 

            Tree #14

 

            The revised building design will be set back to the outer edge of the TPZ of Tree #14, with no more than a 10% incursion as per AS 4970-2009 Protection of Trees on Development sites  section 3.3 specifically 3.3.2 ‘minor’ encroachments. The revised plans are to be prepared in consultation with the Author of the original Arborist Report then assessed and approved by Council’s Senior Tree Preservation officer is minor and will not impact the trees viability in the short or long term.

 

            Reason: To ensure the retention and ongoing health and vitality of Tree #14

 

1B.       The following updated information is to be submitted to Council for approval prior to  the issue of the relevant Construction Certificate.

 

      Amendments to the architectural, landscape and stormwater plans

 

            The Applicant is to submit to Council amended plans which achieve the following outcomes:

 

a)   The approved architectural, landscape and stormwater plans are to be amended to demonstrate consistency in terms of the retention of Tree#14 and reflect the Tree Preservation Zone

 

            Reason: To ensure consistency between the approved documentation and for the Protection of Tree # 14

 

1C.      The following updated information is to be submitted to Council for approval prior to the issue of the relevant Construction Certificate.

 

            Amendments to the stormwater plans

 

a)         All revised stormwater and drainage plans are to be assessed and approved by the project Arborist confirming no additional trees are to be removed or subject to major encroachments as a result of the installation of storm water infrastructure. Written approval of drainage plans is to be submitted to the Principal Certifier Prior to the issue of the relevant Construction Certificate.

 

             Reason: To minimize the development impact on trees.

 

2.         No external combustible cladding is permitted.

 

3.         The hours of operation on the development are to be 24 hours, 7 days a week. No operations are to be carried out on any public holidays.

 

4.         The submission of a relevant Construction Certificate and its issue by Council or Principal Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

5.         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 either the Principal Certifier or a qualified accredited Fire Safety Engineer, confirming that all identified Performance Solutions have been completed for the building PRIOR TO THE ISSUE OF A FINAL OCCUPATION CERTIFICATE.

 

6.         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 relevant Construction Certificate.

 

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

 

8.         A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifier prior to occupation of the development/release of the plan of subdivision.

 

9.         All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:-

 

        Monday to Friday (inclusive)   7am to 5.30pm 

                                                         High noise generating activities, including rock breaking and saw cutting be restricted between 8am to 5.00pm with a respite period between 12.00 noon to 1.30pm Monday to Friday

 

        Saturday                                  8am to 12 noon

                                                         with NO high noise generating activities, including 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

 

10.       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.

 

11.       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.

 

12.       No goods or waste being stored externally to any warehouse unit.

 

13.       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.

 

14.       Prior to the commencement of any construction work associated with the development, the Applicant/developer/owner 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.

 

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

 

16.       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)         All reinforcement prior to filling with concrete.

b)         Framework including roof and floor members when completed and prior to covering.

c)         Installation of steel beams and columns prior to covering.

d)         Waterproofing of wet areas.

e)         Stormwater drainage lines prior to backfilling.

f)          Completion.

 

17.       Structural Engineer's details being submitted PRIOR TO ISSUE OF THE RELEVANT CONSTRUCTION CERTIFICATE for the following:-

 

a)         retaining walls;

b)         footings;

c)         reinforced concrete work;

d)         structural steelwork;

e)         framing.

 

18.       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.

 

19.       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.

 

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

 

21.       The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

22.       An approved type of hoarding being erected along the street frontage.

 

23.       Compliance with the Waste Management Plan submitted along with the application.

 

24.       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.

 

25.       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%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE RELEVANT CONSTRUCTION CERTIFICATE.

 

21.       THE PAYMENT OF A CONTRIBUTION OF $712,287.00 TOWARDS TRAFFIC MANAGEMENT AND STREETSCAPE IMPROVEMENTS, OPEN SPACE AND RECREATION FACILITIES, DRAINAGE AND COMMUNITY FACILITIES. THE  CONTRIBUTION TO BE MADE PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE AND TO BE AT THE CURRENT RATE AT TIME OF PAYMENT. NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THE CONTRIBUTION IS BASED ON 8,776SQM (GFA) AT THE CURRENT CONTRIBUTION RATE (2021-2022) OF $45.42 SQM OF ADDITIONAL INDUSTRIAL FLOOR SPACE AND ON 2,252SQM (GFA) AT THE CURRENT CONTRIBUTION RATE (2021-2022) OF $139.29 SQM OF ADDITIONAL OFFICE FLOOR SPACE.

 

THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

27.       NSW Police Force Requirements: The development shall be carried out in accordance with the following:

·   The site will need to be clearly identified through a business name and street number and be visible from the street. This will enable all emergency services to locate the premises.

·   Appropriate signage is to be erected inside and around the perimeter of the building to warn of security treatments in place e.g. “This site is under 24 video surveillance”.

·   The front windows of the business are to remain free of clutter and promotional material so as not to restrict sightlines into and out of the premises.

·   All staff areas are to be clearly marked as such and physical barriers such as doors and gates are to be erected to prevent unauthorised entry.

·   Staff is to be provided with a secure area in which to store their personal effects whilst working.

·   Lighting in and around the proposed development should comply with Australian Standard AS:1158 and should provide for adequate, uniform illumination. External lighting should be of a ‘white light’ source. Note that high or low pressure sodium ‘orange’ lighting is not compatible with quality surveillance systems. Internal lighting should be controlled from staff only areas, away from public access. If this is not possible, use tamper-resistant switches. Luminaries (light covers) is to be designed to reduce opportunities for malicious damage. Internal after hours security lighting is to provide adequate illumination to allow inspection by security patrols.

·   Lighting needs to be positioned in a way to reduce opportunities for offenders to commit crime i.e. vandalism and graffiti. The lighting will also need to be sufficient to support images obtained from any CCTV footage. Please note that some low or high pressure lighting is not compatible with surveillance systems.

·   Doors is to be of solid construction and should be fitted with quality deadlock sets that comply with the Building Code of Australia and Australian Standards – Lock Sets AS:4145.

·   Windows within the businesses is to be of solid construction. These windows is to be fitted with quality window lock sets that comply with the Australian Standards – Lock Sets AS:4145. Glass within doors and windows are to be reinforced to restrict unauthorised access. The glass can be either fitted with a shatter-resistant film or laminated to withstand physical attacks.

·   An electronic surveillance system is to be included to provide for maximum surveillance of all areas of the warehouse including entry/exits and areas where cash is either kept or handled. Cameras is also to cover public footpath areas around the premises. The system should be capable of recording high-quality images of events. The recording equipment should be locked away to reduce the likelihood of tampering. Monitors should be placed in the office area to allow the manager to view all areas under camera surveillance.

·   An intruder alarm system is to be designed and installed to the Australian Standard – Domestic & Commercial Alarm Systems to enhance the physical security of the premises.

·   An emergency control and evacuation plan should be implemented within the building. Management and staff are to be trained in the execution of the plan in emergency situations.

·   All recording made by the CCTV system should be stored for at least 30 days and ensure that the system is accessible by at least one staff member at all times it is in operation, and provide any recordings made by the system to a police officer or inspector within 24 hours of any lawful requirement by a police officer or inspector. The CCTV cameras will need to be placed in suitable locations to enhance the physical security and assist in positively identifying any individual who may be involved in in criminal behaviour.

·   The CCTV footage is also to cove the car parking facilities. Park smarter signage is to be displayed in this area to warn/educate motorists to secure their vehicles and not leave valuable items visible in their cars. The car park will also to have adequate lighting.

·   Wheelchair access (ramp) should at no time be blocked or impede access to anyone with a disability.

·   The landscaping design around the site needs to be free from potential hiding places and provide sightlines throughout the site and into any surrounding areas such as car parks. Trees and shrubs are to be maintained regularly to reduce concealment opportunities and increase visibility. Avoid the use of landscaping materials which could when mature serves as screens or barriers to impede views.

·   Storage cages at the facilities is to remain locked with high quality locks and is to be constructed so that they cannot be forced or cut open and property can be concealed.

 

            Where relevant, the amendments are to be shown on the Construction Certificate drawings prior to the issue of the relevant Construction Certificate to the satisfaction of the Principal Certifier. The security measures specified in this condition are to be installed prior to the issue of an Occupation Certificate and are to be maintained for the life of the development.

 

28.       NSW Rural Fire Service Requirements: The development shall be carried out in accordance with the following:

·   From the start of building works and in perpetuity to ensure ongoing protection from the impact of bush fires, the entire property must be managed as an inner protection area (IPA) in accordance with the requirements of Appendix 4 of Planning for Bush Fire Protection 2019. When establishing and maintaining an IPA the following requirements apply:

-     Tree canopy cover is to be less than 15% at maturity.

-     Trees at maturity is not to touch or overhang the building.

-     Lower limbs are to be removed up to a height of 2m above the ground.

-     Tree canopies are to be separated by 2m – 5m.

-     Preference is to be given to smooth barked and evergreen trees.

-     Large discontinuities or gaps in vegetation are to be provided to slow down or break or break the progress of fire towards buildings.

-     Shrubs are not be located under trees.

-     Shrubs are not to form more than 10% ground cover.

-     Clumps of shrubs are to be separated from windows and doors by a distance of at least twice the height of the vegetation.

-     Grass is to be kept mown (as a guide it should be kept to no more than 100mm in height).

-     Leaves and vegetation debris are to be removed.

·   New construction to the north, east and west elevations of the building must comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2018 Construction of buildings in bush fireprone areas or NASH Standard (1.7.14 updated) National Standard Steel framed construction in bushfire areas - 2014 as appropriate and Section 7.5 of Planning for bush fire protection 2019.

·   New construction to the south elevation must comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2018 Construction of buildings in bush fire prone areas or NASH Standard (1.7.14 updated) National Standard Steel framed construction in bushfire areas - 2014 as appropriate and Section 7.5 of Planning for bush fire protection 2019.

 

29.       Transport for New South Wales (TfNSW) Requirements: The development shall be carried out in accordance with the following:

-     The layout of the proposed car parking area associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths and parking bay dimensions) is to be in accordance with AS 2890.1-2004 and AS 2890.2-2002 for heavy vehicle usage.

-     The swept path of the longest vehicles entering and exiting the subject site as well as maneuverability through the site is to be in accordance with AUSTROADS. In this regard a plan is to be submitted to Council for approval which shows that the proposed development complies with this requirement.

-     A Construction Traffic Management Plan (CTMP) detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control is to be submitted to Council for approval prior to the issue of the Construction Certificate.

-     The applicant is to consult with TfNSW and bus operators regarding any potential impact to bus transport as a result of the proposed development and comply with their requirements.

 

30.       Accessibility: The development is to be carried out in accordance with the submitted Accessibility Assessment Report dated 13 May 2021 prepared by BCA Access.

 

Tree Management Conditions

 

31.      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

a)         lop or otherwise remove a substantial part of the vegetation.” Removal of trees or

b)         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.

 

            Reason: To protect the natural environment.

 

32.       Approval is granted for the removal of trees located on the site strictly in accordance with the stamped approved plans.

 

            Reason: Trees will be subject to intolerable levels of development impact

 

33.     Replacement trees are to be strictly in accordance with the stamped approved plans.

 

            Reason: To provide replenishment planting for trees removed through the development  process.

 

34.   Retained trees are to be protected in accordance with the Tree Protection Specifications contained within the Arborist report prepared by Birds Tree Consultancy dated 17th May 2021. All tree protection measures are to be included in the construction management plans and be available to all contractors on site. Tree protection is to be installed prior to the issue of the relevant Construction Certificate.

 

            Reason: To protect the natural environment and ensure no damage occurs to existing trees to be retained.

 

35.      A Project Arborist of minimal AQF Level 5 qualification is to be appointed prior to the issue of the relevant Construction Certificate to oversee/monitor trees condition during construction and sign off on tree protection measures. Trees are to be monitored throughout construction and a certificate produced upon completion demonstrating the trees have been maintained in good condition. All certificates are to be available to the Principal Certifier within five days of site  attendance and must be available to council immediately upon request; failure to produce the latest certificate will be considered a breach of conditions. Final certification is to be submitted to the Principal Certifier prior to the issue of Occupation Certificate.

            Reason: To provide monitoring to retained trees to minimise development impact

36.       The Project Arborist is to attend the site prior to the removal of any trees and mark each tree approved for removal with coloured spray paint.

 

            Reason: To ensure no trees to be retained are damaged or removed

 

37.       The project Arborist is to attend site to inspect trees and at the following intervals. Each attendance is to be followed with written certification submitted to the Principal Certifier within five days of attendance.

 

a.  Prior to the commencement of any works to mark approved trees for removal.

b.  Prior to the commencement of works to approve tree protective measures have been installed.

c.  During the demolition of any structures within the TPZ area of retained trees.

d.  During the installation of structures approved within the TPZ area of any retained tree.

e.  Prior to and during the installation of services where required within the TPZ area of retained trees.

f.   Monthly intervals during the development works.

g.  Upon the completion of the development prior to the Occupation Certificate.

 

           Reason: To provide monitoring to retained trees to minimise development impact.

 

Landscaping Conditions

 

38.      Substation

            As per LCC DCP Part E – 4 h) all front setbacks are to be landscaped to provide a high-quality street presence and the proposed substation is to either be relocated elsewhere onsite or is to have sufficient screen planting to soften its appearance along the street  frontage.

 

            Reason: To ensure a better planning outcome for the site and to comply Councils Part E & J Landscaping.

 

Prior to the Issue of the relevant Construction Certificate

 

39.      Construction site management plan

                        Before the issue of a construction certificate, the applicant must ensure a construction site management plan is prepared before it is provided to and approved by the certifier. The plan must include the following matters:

·           location and materials for protective fencing and hoardings to the perimeter on the site

·           provisions for public safety

·           pedestrian and vehicular site access points and construction activity zones

·           details of construction traffic management, including proposed truck movements to and from the site and estimated frequency of those movements, and measures to preserve pedestrian safety in the vicinity of the site

·           protective measures for on-site tree preservation (including in accordance with AS 4970-2009 Protection of trees on development sites and Council’s DCP, if applicable) and trees in adjoining public domain (if applicable)

·           details of any bulk earthworks to be carried out

·           location of site storage areas and sheds

·           equipment used to carry out all works

·           a garbage container with a tight-fitting lid

·           dust, noise and vibration control measures

·           location of temporary toilets.

 

            The applicant must ensure a copy of the approved construction site management plan is kept  on-site at all times during construction.

 

            Reason: To require details of measures that will protect the public, and the surrounding environment, during site works and construction.

40.      Erosion and sediment control plan

Before the issue of a construction certificate, the applicant is to ensure that an erosion and  sediment control plan is prepared in accordance with the following documents before it is provided to and approved by the certifier:

·           Council’s development control plan,

·           the guidelines set out in the NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction Certificate’ (the Blue Book), and

·           the ‘Do it Right On-Site, Soil and Water Management for the Construction Industry' (Southern  Sydney Regional Organisation of Councils and the Natural Heritage Trust).

 

       The applicant must ensure the erosion and sediment control plan is kept on- site at all times during site works and construction.

 

            Reason: To ensure no substance other than rainwater enters the stormwater system and waterways.

41.      Location of existing utilities and services

            Before the issue of the relevant construction certificate, the applicant must submit the following written evidence of service provider location of assets and ensure that the relevant utility and service provider has confirmed the location of their asset and has provided written approval for the works.

(a)        a letter of consent from all utility and service providers to the site demonstrating that satisfactory investigative research has been undertaken by the Applicant to the approval of each provider.

(b)        a response from Sydney Water as to whether the plans proposed to accompany the application for a construction certificate would affect any Sydney Water infrastructure, and whether further requirements need to be met.

(c)         other relevant utilities or services - that the development as proposed to be carried out is satisfactory to those other service providers, or if it is not, what changes are required to make the development satisfactory to them.

 

            Reason: To ensure relevant utility and service providers requirements are provided to the  certifier.

 

42.      Pre-Construction Dilapidation report: Trees to be Retained

            Before the issue of a construction certificate, a suitably qualified Arborist with a minimum of an  AQF level 5 Degree must prepare a pre-construction dilapidation report on the health of the trees to be retained and protected following a site visit with Council’s Senior Tree Preservation Officer.  The report shall be agreed upon by both parties and shall include photographs of each tree and any existing damage, defects or areas of concern well represented.

(a)        after comparing the pre-construction dilapidation report to the post- construction dilapidation report required under this condition, there has been any structural damage to any adjoining buildings; and

(b)        where there has been structural damage to any adjoining buildings, that it is a result of the building work approved under this development consent.

           

            Before the issue of an occupation certificate, the principal certifier is to provide a copy of the post-construction dilapidation report to Council (where Council is not the principal certifier) and to the relevant adjoining property owner(s).

 

            Reason: To identify damage to existing trees retained resulting from building work on the development site.

 

43.      Works within structural root zones of existing trees

            Where works must take place within the Structural Root Zone of any tree to be retained, root mapping through hand digging shall take place and a report showing the findings shall be prepared by the Project Arborist with an AQF5 qualification and then shall be submitted to Council’s Senior Tree Assessment Officer for approval

 

Reason: To ensure that no damage occurs to the root system of trees to be retained thus ensuring their ongoing health and vigour.

 

44.      Plant supply

            All trees planted on site shall conform to Australian Standard AS 2303-2015 Tree Stock for Landscape Use.  All other plants shall conform to NATSPEC specifications and be free from  disease or defects and be in a healthy condition.

 

            Reason: To ensure the proposed planting is free of disease and defects to provide the best  chance for successful establishment and ongoing health and vigour.

 

45.      Offset Planting

            More offset planting is required onsite in response to the large amount of trees approved for removal as per the objectives of Part J landscaping. Although the applicant is not required to replace trees at a 1:1 ratio given the limitations of the site and contributions to the BDAR offset scheme, they are required to increase the amount of proposed canopy tree species ensuring that the proposed trees are capable of attaining a mature height and spread of the trees removed.

 

          Reason: To ensure the establishment of more canopy cover to offset the lost tree species onsite.

 

46.      Planting to Front Setback

            As there is a lack of substantial soil/growing material within the front setback of the proposed development as demonstrated by the Geotechnical report, the front setback is to be treated as planting on structures with a soil depth of 1.3M and within City Green Strata Vault root cell system or approved equal.

 

                Reason: To ensure the health establishment and ongoing vitality of trees for the life of the land.

 

47.      Planting of garden beds

            All garden beds shall be planted out with enough plant quantities and spacing to ensure that no areas of bare mulch remain visible following the typical 12-month landscape establishment period.

 

            Reason: For suppression of weeds and to fulfil the Landscape Design Intent.   

48.      Automatic irrigation system

            An automatic drip irrigation system is to be designed and installed to all garden bed areas that will ensure the ongoing health of the planting scheme for the life of the development.

 

             Reason: To ensure adequate moisture levels are maintained for the 12-month establishment period eliminating the threat of plants dying due to lack of water during this time of in times of future drought.

 

Prior to the Commencement of Works

 

49.      Erosion and sediment controls in place

            Before the commencement of any site or building work, the principal certifier must be satisfied the erosion and sediment controls in the erosion and sediment control plan, (as approved by the principal certifier) are in place until the site is rectified (at least 70% ground cover achieved over any bare ground on site).

 

            Reason: To ensure runoff and site debris do not impact local stormwater systems and  waterways.

 

50.       Tree protection measures

            Before the commencement of any site or building work, the principal certifier must ensure the measures for tree protection detailed in the construction site management plan are in place.

 

            Reason: To protect and retain trees.

 

51.      Offset Requirements

             Prior to the commencement of works, the detailed ecosystem credit obligations detailed under  the relevant documentation of this application and the submitted Biodiversity Development  Assessment Report are to be met. Prior to operational commencement, the class and number of credits as calculated must be retired to offset the residential biodiversity impacts of the  development. The requirement to retire credits is to be satisfied by payment and evidence of the retirement of credits including payment in satisfaction of this condition must be provided to Council prior to operational commencement.

 

            Reason: Compliance with environmental legislation.

 

During Construction

52.       Erosion and sediment controls in place

            Before the commencement of any site or building work, the principal certifier must be satisfied the erosion and sediment controls in the erosion and sediment control plan, (as approved by the principal certifier) are in place until the site is rectified (at least 70% ground cover achieved over any bare ground on site).

 

            Reason: To ensure runoff and site debris do not impact local stormwater systems and waterways.

53.      Tree protection

            While site or building work is being carried out, the applicant must maintain all required tree protection measures in good condition in accordance with the construction site management  plan required under this consent, the relevant requirements of AS 4970-2009 Protection of  trees on development sites and any arborist’s report approved under this consent. This includes maintaining adequate soil grades and ensuring all machinery, builders refuse, spoil and materials remain outside tree protection zones.

 

             Reason: To protect trees during construction.

54.       Cut and fill

             While building work is being carried out, the principal certifier must be satisfied all soil removed from or imported to the site is managed in accordance with the following requirements:

(a)        All excavated material removed from the site must be classified in accordance with the EPA’s Waste Classification Guidelines before it is disposed of at an approved waste management facility and the classification and the volume of material removed must be reported to the principal certifier.

 

            All fill material imported to the site must be Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material identified  as being subject to a resource recovery exemption by the NSW EPA.

 

             Reason: To ensure soil removed from the site is appropriately disposed of and soil imported to the site is safe for future occupants.

 

55.      Uncovering relics or Aboriginal objects

            While demolition or building work is being carried out, all such works must cease  immediately if a relic or Aboriginal object is unexpectedly discovered. The applicant must notify the Heritage Council of NSW in respect of a relic and notify the Secretary of the Department of Planning, Industry and Environment and the Heritage Council of NSW in respect of an Aboriginal object. Building work may recommence at a time confirmed by either the Heritage Council of NSW or the Secretary of the Department of Planning, Industry and Environment.

 

           In this condition:

·        “relic” means any deposit, artefact, object or material evidence that:

(a)        relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b)        is of State or local heritage significance; and

                        “Aboriginal object” means any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction and includes Aboriginal remains.

             Reason: To ensure the protection of objects of potential significance during works.

 

Prior to the Issue of the Occupation Certificate

 

            Note: Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to the attention of via e-mail at service@lanecove.nsw.gov.au within five (5) working days of the date of issue.

 

            Reason: To meet Council Statutory Regulations.

 

56.      Works-as-executed plans and any other documentary evidence

            Before the issue of the relevant occupation certificate, the applicant must submit, to the  satisfaction of the principal certifier, works-as-executed plans, any compliance certificates and any other evidence confirming the following completed works:

(a)        All stormwater drainage systems and storage systems

 

            The principal certifier must provide a copy of the plans to Council with the occupation certificate.

 

            Reason: To confirm the location of works once constructed that will become council assets.

 

57.      Post Construction Dilapidation report: Trees to be Retained

          Before the issue of a construction certificate, a suitably qualified Arborist with a minimum of an AQF level 5 Degree must prepare a post-construction dilapidation report on the health of the trees to be retained and protected following a site visit with Council’s Senior Tree Preservation Officer. The report shall be agreed upon by both parties and shall include photographs of each tree and any existing damage, defects or areas of concern well represented.

(a)        after comparing the pre-construction dilapidation report to the post- construction dilapidation report required under this condition, there has been any structural damage to any adjoining buildings; and

(b)        where there has been structural damage to any adjoining buildings, that it is a result of the building work approved under this development consent.

 

           Before the issue of an occupation certificate, the principal certifier is to provide a copy of the post-construction dilapidation report to Council (where Council is not the principal certifier)  and to the relevant adjoining property owner(s).

 

           Reason: To identify damage to existing trees retained resulting from building work on the development site.

58.      Repair of infrastructure

            Before the issue of an occupation certificate, the applicant must ensure any tree to be  retained or surrounding public open space or landscape areas damaged as a result of the carrying out of building works (including damage caused by, but not limited to, delivery  vehicles, waste collection, contractors, sub-contractors, concreting vehicles) is fully repaired to the written satisfaction of Council, and at no cost to Council.

            Note: If the council is not satisfied, the whole or part of the bond submitted will be used to  cover the rectification work.

 

           Reason: To ensure any damage to public infrastructure is rectified.

 

59.      Practical Completion Report - Landscape works

           A landscape practical completion report must be prepared by the consultant landscape  architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. This report must certify that all  landscape works have been completed in accordance with the landscape working drawing.   A copy of the report must be submitted to Council.

 

           Reason: To ensure the landscape works have been carried out in accordance with the stamped approved construction documents.

60.      Practical Completion Report - Landscape maintenance and establishment

           At the completion of the landscape maintenance period, the consultant landscape architect/ designer must submit a final report to Council or the accredited certifier, certifying that all plant material has been successfully established, that all of the outstanding maintenance works or defects have been rectified prior to preparation of the report and that a copy of the 12 month landscape maintenance strategy has been provided to the Owner/ Occupier.  A copy of the report must be submitted to Council.

 

            Reason: To ensure the landscape works have been carried out in accordance with the stamped approved construction documents.

 

Engineering Conditions

 

61.       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.

 

62.       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.

 

63.       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.

 

64.       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 4 working days for approval.

 

Reason:  To ensure public safety.

 

65.   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.

 

66.       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.

 

67.       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.

 

68.       Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be reconstructed or relocated to be clear of the proposed building works. Developer must lodge Stormwater Inspection Application form to Council. All costs associated with the reconstruction or relocation of the stormwater line are to be borne by the applicant. Applicant is not permitted to carry out any works on existing Council and private stormwater pipe lines without Council’s approval.

 

   Reason:  To protect public infrastructure.

 

69.       Services: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

   Reason: To protect and maintain infrastructure assets.

 

70.       Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping, driveway and stormwater drainage plans and shall be obtained prior to the issue of the relevant Construction Certificate.

 

   Applicant has to lodge Vehicular Crossing Application form with application fee as shown in the form.

 

  Reason:   To provide consistent street alignment levels.

 

71.       Work Zone: A Construction Traffic Management Plan and an application for a Work Zone adjacent the development shall be submitted to Lane Cove Council for determination, prior to  the commencement of the demolition and prior to any works that require construction vehicle and machinery movements to and from the site. If the development has access to a State Road, the Construction Management Plan and Work Zone need to be referred to RMS for approval. The approval of the Traffic Construction Management Plan and application for a Work Zone by Council’s Traffic Section must be submitted to the Principal Certifying Authority prior to the issue of the relevant Construction Certificate.  

 

   Reason:  To provide safer working environment and minimize interruption to pedestrians and motorists.

 

Engineering conditions to be complied with prior to relevant Construction Certificate

 

72.       Council Infrastructure Damage Bond: The applicant shall lodge with Council a $25000.00  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 relevant Construction Certificate.

 

   Reason:  To protect and maintain public infrastructure.

 

73.        Excavation Greater Than 1m depth: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

   The applicant shall: -

(a)   seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

(b)   detail what measures are to be taken to protect those properties from undermining during construction

(c)   provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties

   The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the relevant Construction Certificate.

(d)   Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the relevant Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

 All recommendations of the suitably qualified engineer are to be carried out during excavation. The applicant must give at least seven (7) days’ notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

   Reason: To protect surrounding properties and identify vulnerable structures.

 

74.       Drainage Plans Amendments: The stormwater drainage plan prepared by Costin Roe  Consulting, reference No: 12503.02-DA06, revision E and dated on 15/07/21 is to be  amended as detailed below by a qualified practising hydraulic engineer and certified by  him/her. This amended plan shall show full details of new pipe network amended as follows  and satisfying part O of the Council’s stormwater DCP;

1.    Proposed drainage system should show down pipes, pits, pipe sizes and all invert levels up to connection point; confirming pipe system satisfies part O of Council’ storm water DCP.

2.    Clean out pits are required at all low points of charged drainage line if charged pipe system is proposed.

3.    Sediment control fence shall be placed around the construction site and shown in plan

4.    Subsoil agg-line drainage is required around proposed retaining wall, building, or it is necessary and connected to proposed drainage system

5.    Stormwater runoff from driveway shall be collected by grated driveway pit and connected to stormwater system

6.    If charged system is proposed, it shall satisfy section 5.1 in Council DCP. The details of design level difference shall be shown in plan.

7.    As per submitted stormwater plan, the applicant is planning to connect stormwater discharge pipe to the pit in Orion Rd. As per this plan, the proposed orifice invert is 39.60. The top of kerb at Council pit RL is 40.60.  This indicates that the orifice will be fully submerged. Council does not support an OSD system with submerged orifice(about 1.0m).

8.    During heavy storm and gutter flow runs at full, the GPT will be fully under water and overflows. The pit between GPT and OSD will overflow. These overflows shall enter into the building through pedestrian entry and to the basement.

9.    And also, these overflows seep into basement, pump out system and finally circulates back to OSD. Council does not support this circulation.

10.     By considering all these issues, Council recommends improving existing pipe system in Orion Rd satisfying Council’s Stormwater DCP to accommodate future stormwater from this proposal. The applicant shall install one kerb inlet pit on lower point at right corner of the site and extend the pipe system to this pit from existing Council’s street drainage system.

11.     A plan with longitudinal section of this proposed pipe system on Orion Rd from the site to the existing Council pipe system with relevant calculations are required for further assessment and/or approval. This plan should show pipe sizes, invert levels, hydraulic grade line and existing surface levels to confirm that the pipe system satisfies section 12 of part O, Council’s DCP.

12.     The pump out system in basement shall satisfy section 5.4 of part O of Council’s stormwater DCP. The full details of the hydraulic calculation for pump out system shall be included in stormwater management plan submitted to Council.

13.     The proposed basement shall be constructed with water-proof walls around it. A gross pollutant trap suitable for this site needs to be designed and added to the amended plans within the property boundary prior to the connection to the street system. The details of this GPT shall be shown in stormwater plan. The access to the GPT for future maintenance is required.

14.     The OSD calculation shall be based on the calculation shown in Appendix 14 in part O of Council stormwater DCP.

15.     The detailed cross section of the OSD is required and shall show levels, sizes, depths and widths.

16.     CCTV reports of the existing street pipe system in Orion Rd are to be submitted to Council prior to the construction starts and after completion of construction work.

The amended design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the relevant Construction Certificate.

The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, for the issue of the relevant Construction Certificate.

 

Reason:    To ensure the proposed stormwater designs meet and satisfy Part O, Council DCP.

 

75.    Geotechnical Report: A geotechnical report is to be completed for the excavation proposed for the development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of the relevant Construction Certificate.

 

Reason:     To protect the environment and required for any excavation greater than 2m.

 

76.    Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with approved plan.

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the relevant Construction Certificate.

The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the relevant Construction Certificate plans, for the issue of the relevant Construction Certificate.

 

Reason:    To maintain the stormwater management of the property.

 

77.   Construction Methodology Report: There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principal Certifying Authority prior to issue of the relevant Construction Certificate. The details must include a geotechnical report to determine the design parameters appropriate to the specific development and site.

The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

           

Reason:    To protect neighbouring properties.

 

78.     Dilapidation Report: The applicant is to provide a dilapidation report of all adjoining properties, roads and any of Councils and public infrastructure located within the zone of influence of the proposed excavation.

Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principal Certifying Authority prior to issue of the relevant Construction Certificate.

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an Occupation Certificate.

 

 Reason:   To provide a record of public and private infrastructure.

 

79.       Dilapidation Report: The applicant is to provide a dilapidation report on the existing Council stormwater pipeline affecting this property.

   The dilapidation report must be conducted by a suitably qualified person and a CCTV survey of the pipeline needs to be conducted. The Initial dilapidation report and CCTV footage must be submitted to Principal Certifying Authority prior to issue of the relevant Construction Certificate.

 

   A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an Occupation Certificate.

 

   Reason: To provide a record of Council’s drainage infrastructure.

 

80.      Road Dilapidation Survey: The applicant is to prepare a dilapidation survey and a dilapidation report that includes details of the existing state of repair / condition of the road  surface of Orion Road and provide that survey and report to the Council prior to the issue of the first relevant Construction Certificate. Following completion of construction of the development and prior to the issue of the first occupation certificate, the applicant is to cause to be prepared a second dilapidation survey and a dilapidation report that includes details of all changes and  damage caused to the surface of the said public roads as a consequence truck movement  associated with the construction of the development. The Council may apply funds from the  security deposits paid in favour of this consent to meet the cost of making good any damage  caused to the surface of the said public road as a consequence truck movement associated with the construction of the development to which the consent relates.

   The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers (Australia).

  Reason: To provide a record of Council’s infrastructure and protect them.

 

81.       Council Construction Requirements: The applicant shall construct / reconstruct the following  to Council’s satisfaction;

1.    New footpath adjacent the entire frontage of Orion Road

2.    New Kerb and Gutter along the entire frontage of Orion Road

3.    Reconstruct the pedestrian access ramp

4.    Extension of existing street drainage system up to site

5.    Reinstate all adjustments to the road surfaces.

6.    Reinstate all existing nature-strips with turf and soil on road reserve.

7.    Reinstate all damages identified in dilapidation report

8.    Reinstate all damages identified in CCTV report.

 

  Reason:  In accordance with Council’s requirements to restore site.

 

82.       A $80,000 cash bond or bank guarantee shall be lodged with Council to cover the satisfactory  construction of the above requirements. Lodgement of this bond is required prior to the issue  of the relevant Construction Certificate. The Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the Occupation Certificate. All costs associated with the construction of the above works are to be borne by the applicant.

 

   Reason: In accordance with Council’s requirements to restore site.

 

83.       Cast in Situ Drainage Pits: Any drainage pit within a road reserve, a Council easement, or  that may be placed under Council’s control in the future, shall be constructed of cast in situ concrete and in accordance with Part O Council’s DCP- Stormwater Management.

 

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

 

84.       Council Inspection Requirements: The following items are to be inspected

 

·      Proposed stormwater drainage works on Orion Rd

·      All footpath, kerb/gutter and landscaping works

·      Any adjustment works in Council road reserve 

 

            Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / set out requirements.

 

  An Inspection fee ($205 for one inspection) is to be paid prior to the issue of the relevant Construction Certificate.

 

  Reason:  To ensure completion of work satisfying Council.

 

85.       Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to cover the registration of a Positive Covenant over the onsite detention system. Lodgement of this bond is  required prior to the issue of the relevant Construction Certificate

 

   Reason: To protect stormwater infrastructure and confirm future maintenance.

 

86.       Positive Covenants OSD and Pump Out System:  Documents giving effect to the creation of a positive covenants over the on-site detention system and over the basement pump out  system shall be registered on the title of the property prior to the issue of the Occupation  Certificate. The wordings of the terms of the positive covenants shall be in accordance with  part O Council’s DCP-Stormwater Management.

 

  Reason:  To protect stormwater infrastructure and confirm future maintenance.

 

87.       On-Site Stormwater Detention System - Marker Plate:  The on-site detention system shall  be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x  75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be   fixed in a prominent position to the nearest concrete or permanent surface or access grate.

            The wording on the marker plate is described in Council’s DCP-Stormwater management. An  approved plate may be purchased from Council's customer service desk.

 

   Reason: To ensure clear identification of onsite stormwater infrastructure.

 

88.       On-Site Stormwater Detention Tank: All access grates to the onsite stormwater detention tank  are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted  with step irons.

 

   Reason: To prevent unauthorised access and ensure safe access to stormwater infrastructure.

 

89.       Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, ramps, garage opening widths, parking space dimensions and any associated vehicular maneuvering facilities shall be submitted to the Principal Certifying Authority. 

 

            The plans shall be prepared and certified by a suitably qualified engineer. The design is to be  certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the relevant Construction Certificate.  

 

  Reason: To ensure compliance with Australian Standards and Council’s standards.

 

90.       Traffic Management Plan: Prior to submission to the principle certifying authority a traffic  management plan is to be submitted to and approved by the following consent authorities, Lane Cove Council

 

   The traffic management plan shall be prepared and certified by a suitably qualified person. The plan is to fully comply with AS-1742.3 and the consent authority’s requirements.

 

            The plans and certification shall be submitted to the Principal Certifying Authority prior to the issue of the relevant Construction Certificate.

 

   Reason: To ensure safety of pedestrian and motorist around work site.

 

91.       Temporary Footpath Crossing:  A temporary footpath crossing must be provided at the Vehicular access points. It is to be 1.5m in width, made of sections of hardwood with chamfered ends and strapped with hoop iron.

 

   Reason: To ensure safety vehicular movement to and from site.

 

92.       Deleted

.

93.       Car Parking and Driveway: All parking and associated facilities are to be designed to stop  road runoff entering the property and constructed in accordance with AS 2890.2.2004 “Off  Street Car Parking”. The width of the driveways at the face of the kerb shall be determined by the Council’s engineer in consultation with the applicant, in the interest of pedestrian safety.. The driveway shall be 300mm away from  existing power pole and existing stormwater pit. The following plans shall be prepared and certified by a suitably qualified engineer demonstrating:

- Longitudinal section along the extreme wheel paths of the driveway/access ramp at a scale of 1:20 demonstrating compliance with the scaping provisions of AS2890.2. It shall include all levels and grades, including those levels stipulated at boundary levels, both existing and proposed from the centre line of the roadway through to the parking area clearly demonstrated that the driveway complies with Australian Standards 2890.2-2004 “Off Street Car Parking”. This is to address the following;

a.         Transitional grades in accordance with AS2890 to be provided.

b.         If a gradient in excess of 25% is proposed, the engineer must certify that this design is safe and environmentally sustainable.

- Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.2.

The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the relevant Construction Certificate.

 

   Reason: To ensure compliance with Australian Standards.

 

94.       Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design  is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the relevant Construction Certificate

 

   Reason: To ensure the safety and viability of the retaining structures onsite.

 

Engineering condition to be complied with prior to commencement of construction

 

95        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.

 

   Reason: To ensure worksite pollutions are controlled accordingly to protect the environment.

 

Engineering Conditions to be complied with prior to the commencement of demolition

 

96.       Safety fence along the boundary of the property: Before commencement of any works,  barrier or temporary fencing is to be provided along the full frontage of the property. This fence   is for the safety of pedestrians on the public footpath.

 

    Reason: To ensure worksite pollutions are controlled accordingly to protect the environment.

 

Engineering condition to be complied during construction

 

97.       Heavy Vehicle Duty Employee and Truck Cleanliness: The applicant shall

·      Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site.

·      Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times.

·      Place an employee within close proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site.

          Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.

 

  Reason: To protect the environment.

 

98.       Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited  onto the roadway during transit. It is a requirement under the Protection of the Environment  Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this  shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

 

   Reason:  To ensure worksite pollutions are controlled accordingly to protect the environment.

 

99.       Truck Shaker:  A truck shaker ramp must be provided at the construction exit point. Fences  are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto  the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

  Reason: To protect the environment.

 

Engineering condition to be complied with prior to Occupation Certificate

 

100.     Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and  excavations have been carried out in accordance with the relevant Australian Standards and  Codes of Practice.

  The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.

 

  Reason:  To ensure retaining walls are constructed according to approved plan.

 

101.     Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, part O Council’s DCP-Stormwater Management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:

 

(a)   Be signed by a registered surveyor, &

(b)   Clearly show the surveyor’s name and the date of signature.

 

            All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.

 

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

 

102.     Engineering Certification: A suitably qualified engineer shall certify that following has been  constructed in accordance with the approved plans and is within acceptable construction   tolerances.

·    OSD system

·    Pump out system

·    GPT system

·    All repair works identified in Dilapidation report

  Certification is to be submitted to the Principle Certifying Authority prior to the   issue of the Occupation Certificate.

 

   Reason: Statutory requirement.

 

103      Positive Covenants OSD and Pump Out System:  Documents giving effect to the creation  of a positive covenants over the on-site detention system and over the basement pump out system shall be registered on the title of the property prior to the issue of the Occupation  Certificate. The wordings of the terms of the positive covenants shall be in accordance with part O Council’s DCP-Stormwater Management.

 

   Reason: Statutory requirements.

 

104.     Works as Executed Drawings for OSD:  A works as executed survey of the onsite detention facility will need to be prepared and certified to demonstrate that the OSD system functions as  per the intention of the approved design. A suitably qualified engineer must certify that the construction system is satisfactory.

 

   Reason: Statutory requirements.

 

105.   Works as Executed Drawings for street drainage construction:  A works as executed  survey of the proposed street drainage works on Orion Rd will need to be prepared and certified by qualified engineer to demonstrate that the drainage system is accordance with the approved plan.

 

  Reason:  Statutory requirements.

 

Environment & Health Conditions

 

106.    Demolition Works and Asbestos Removal/Disposal: The demolition of any existing  structure is to be carried out in accordance with Australian Standards AS 2601-2001: The  Demolition of Structures.  All vehicles leaving the site carrying demolition materials are to   have the loads covered and are not to track any soil or waste materials into the road.  Pursuant to Section 27A of the Occupational Health and Safety Act 1983 “notification to Commence Demolition Work” form is to be submitted to Workcover at least seven days prior  to work commencing. All asbestos, hazardous and/or intractable wastes are to be disposed  of in accordance with the Workcover Authority and EPA guidelines and requirements.  The asbestos must be removed by a bonded asbestos licensed operator. Dockets/ receipts verifying recycling/disposal must be kept and presented to Council when required.

 

107.     Stabilised Access Point

            A stabilised all weather access point is to be provided prior to commencement of site works,   and maintained throughout construction activities until the site is stabilised.  These  requirements shall be in accordance with Managing Urban Stormwater – Soils and  Construction produced by the NSW Department of Housing (blue Book).

 

108.     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.

 

109. Storage of Potentially Contaminated Soils: All stockpiles of potentially contaminated soil   must be stored in an environmentally acceptable manner in a secure area on the site.

 

110.     Offsite Disposal of Contaminated Soil: All contaminated soil removed from the sire must  be disposed at a waste facility that can lawfully receive that waste. Copies of all test results  and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.

 

111.      Environmental Reports Certification

             Prior to the issue of an Occupation Certificate, written certification from a suitably qualified person(s) shall be submitted to the Principal Certifier and Council, stating that all  works/methods/procedures/control measures/recommendations approved by Council’s  Environmental Health Officer and the following reports have been completed:

 

a)         Construction Noise Management Plan – dated on 16 June 2021 prepared by Acoustic Logic. Reference number: 2021073.1/1706B/R0/LL

b)         Remedial Action Plan - at the completion of all remediation works as described within the Remediation Action Plan (RAP) prepared by EI Australia (dated 14 May 2021, report reference number: E25022.E06_Rev0) , a NSW EPA Accredited Site Auditor is to review the RAP and Validation Report and provide a Site Audit Statement confirming that the site is suitable for its proposed use.

           Note: It is recommended that the Site Audit Statement be submitted prior to

           construction works commencing.

c)         Air Quality Report  - dated 16 June 2021, prepared by Northstar Air Quality. Reference number: 21.1133.FL1V1

d)         Sediment and erosion control plan – dated May 2021, prepared by Costin Roe Consulting Pty. Ltd. Reference number: CO12503.02.- DA 01

e)         Environmental management plan – for the construction phase that addresses treatment and disposal of deep excavation water and dust management can be conditioned prior to the Construction Certificate.

f)          Traffic management plan – dated 19 May 2021, prepared by COLSTON BUDD ROGERS & KAFES PTY LTD. Reference number: 11749

 

112.     Waste Management Plan

            Prior to the issue of a Construction Certificate, a Waste Management Plan shall be submitted  to and approved by the Certifier.  The Waste Management Plan shall be prepared in  accordance with the requirements of the Waste Not DCP.  The Waste Management Plan  shall address the type of materials expected from demolition/construction; estimated volumes  or tonnes of materials; proposed reuse or recycling methods; the contractors to be used; and the recycling outlet and/or landfill site.

 

113.     Erosion and Sediment Control Plan

            Prior to the issue of a Construction Certificate, an Erosion and Sediment Control Plan shall   be submitted to and approved by the Certifier.  The Erosion and Sediment Control Plan shall  be prepared in accordance with the requirements of the ‘Blue Book’ Soils & Construction –  Managing Urban Stormwater Soils Construction Volume 1.  The Erosion and Sediment Control Plan shall clearly show and demonstrate how erosion is to be minimised and how  sediments are to be trapped on the site and prevented from escaping, transported, carried or discharged across and outside the boundaries of the site of the development or building activity.

 

114.     Construction Site – Water Management Plan

            Prior to the issue of a Construction Certificate, a water management plan shall be submitted  to and approved by the Certifier.  The Plan shall be prepared in accordance with the requirements of the ‘Blue Book’ Soils & Construction – Managing Urban Stormwater Soils Construction Volume 1.  The Erosion and Sediment Control Plan shall clearly show and  demonstrate how water that accumulates on site in excavated areas is managed, captured,  treated and disposed of offsite and how these actions will comply with the provisions of the  Protection of the Environment Operations Act,1997.

 

115.     Construction Noise Management Plan

            Prior to the issue of a Construction Certificate, a Construction Noise Management Plan shall   be submitted to and approved by Council.  The Plan shall be prepared in accordance with the requirements of the NSW EPA’s Interim Construction Noise Management Guidelines by  an appropriately qualified acoustic consultant

 

 

116.     Bund Wall

            A bund wall shall be constructed around all work and liquid storage areas to prevent any spillage entering into the stormwater system.  The bunded area shall provide a volume equal  to 110% of the largest container stored and graded to a blind sump so as to facilitate  emptying and cleaning.

 

117.     Trafficable Bund

            A trafficable bund, capable of preventing the escape of any pollutant into Council's stormwater drainage system, shall be provided to all exits from the factory building.

 

118      Storage of Hazardous Chemicals

            Should any ‘hazardous chemicals’ proposed to be stored on the premises exceed the  manifest quantity as prescribed in Schedule 11 of the Work Health Safety Regulation 2011,  Notification of schedule 11 hazardous chemicals is required to be submitted to SafeWork  NSW.

 

119.     External Areas

            All external areas to the building shall be kept free of shipping/storage containers and pallets   at all times.

 

120.    Drain Stencilling

            All stormwater drains/pits on the site shall be provided and maintained with the message;  “This pit drains to Sydney Harbour”.  Lettering shall be 100mm high block bold yellow painted lettering.  Paints used shall be of road line marking standard.

 

Traffic Conditions

 

Parking and Servicing

121.     The proposed Car Park design shall comply with AS 2890.1-2004. This includes all parking  spaces, ramps, aisles, disabled parking and loading areas. All other aspects of the Car  Parking areas are required to comply with AS 2890.2-2002 for Loading Facilities and  Services Vehicles.

 

122.   The access to the car park shall comply with Australian Standards. AS 2890.1-2004.

 

123.    All accessible car spaces in the car park are to be adequately signposted and line marked  and provided in accordance with AS2890.6: 2009 including the adjacent shared space and  the height clearance.

 

124.     Visibility requirements of the proposed access must comply with AS 2890.1-2004.

125.     Car spaces to be sign posted and adequately line marked.

126.   Car share spaces within the development must be accessible to the public at all times.

127.  On site garbage collection must be provided for with sufficient headroom in accordance with AS2890.2: 2002 and to allow the vehicle to enter and exit in a forward direction. The waste collection and holding area are to be clearly signposted and line marked.

 

128.    Install wheel stops on all car parking spaces to prevent any collision with structures or  objects.

 

129.    Loading bays, motorcycle parking, visitor and accessible parking to be sign posted and  adequately line marked.

130.     All vehicles must front in/ front out to/ from the development.

131.     Motorcycle parking space to be sign posted and adequately line marked.

132.    The proposed modification to pedestrian refuge must be constructed on Orion Rd as per the  plan dated May 2021, subject to Traffic Committee approval.

 

133.     Separate application shall be made to Council’s Urban Services Division for approval to complete, any associated works on Council property. Application shall be submitted prior to  the start of any works on Council property.

 

Pedestrian/Cycling Access

134.     All cycling racks and secure bike parking provided on-site must meet the minimum standards  as outlined in Section 4.3 in Part R of the DCP and designed in accordance with AS 2890.3: 2015. Alternative designs that exceed the Australian Standards will also be considered appropriate.

 

135.     The bicycle facilities are to be clearly labelled, and advisory/directional signage is to be provided at appropriate locations.

 

Construction Traffic Management Plan

136.     A Construction Management Plan must be lodged with Council prior to the issuing of a  Construction Certificate. As per DCP Part R, the Construction Management Plan should  address (but not necessarily be limited too) issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles, and any conflict with other  road users in the street including public transport. Heavy vehicles will not be permitted to  travel on local roads unless prior Council permission is obtained from Council’s Traffic  section. Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of preparation of the Construction Traffic Management Plan. 

 

137.     The Construction Management Plan should specify proposed Work/Construction Zones and  the impact of the construction traffic activities to all road users including pedestrians and  cyclists. The Construction Management Plan may contain issues requiring the attention and  approval of the Lane Cove Traffic Committee (LTC). The Construction Management Plan  should also assess and address the impact of construction vehicles travelling through the  surrounding road network.

 

Demolition Traffic Management Plan.

 

138.     As a result of the site constraints, limited vehicle access and parking, a Demolition Traffic Management Plan (DTMP) and report shall be prepared by a Transport for NSW accredited person and submitted to and approved by Council prior to commencing any demolition work.

  The DTMP must: -

 

i.                 Make provision for all construction materials to be stored on site, at all times.

ii.            Specify construction truck routes and truck rates. Nominated truck routes are to be distributed over the surrounding road network where possible.

iii.            Provide for the movement of trucks to and from the site, and deliveries to the site. Temporary truck standing/ queuing locations in a public roadway/ domain in the vicinity of the site is not permitted unless a Works Zone is approved by Council.

iv.           Include a Traffic Control Plan prepared by an RMS accredited ticket holder for any activities involving the management of vehicle and pedestrian traffic.

v.            Specify that a minimum seven (7) days notification must be provided to adjoining property owners prior to the implementation of any temporary traffic control measures.

Include a site plan showing the location of any site sheds, location of requested Work Zones, anticipated use of cranes, structures proposed on the footpath areas (hoardings, scaffolding or temporary shoring) and extent of tree protection zones around Council street trees.

i.       Take into consideration the combined construction activities of other development in the surrounding area. To this end, the consultant preparing the DTMP must engage and consult with developers undertaking major development works within a 250m radius of the subject site to ensure that appropriate measures are in place to prevent the combined impact of construction activities. These communications must be documented and submitted to Council prior to work commencing on site.

ii.     The DTMP shall be prepared in accordance with relevant sections of Australian Standard 1742 – “Manual of Uniform Traffic Control Devices”, RMS’s Manual – “Traffic Control at Work Sites”.

                        NOTE:  This condition is to ensure public safety and minimise any impacts to the adjoining pedestrian and vehicular traffic systems. The DTMP is intended to minimise impact of construction activities on the surrounding community, in terms of vehicle traffic (including traffic flow and parking) and pedestrian amenity adjacent the site.

 

Works Zones

 

139.     Due to requirements for safe traffic and pedestrian movement, loading or unloading of any  vehicle or trailer carrying material associated with the development must not take place on  the public road unless within an approved Works Zone.

 

140.     If the Works Zone is required, the developer must give the Council written notice of at least  six (6) weeks prior to the date upon which use of the Works Zone will commence and the duration of the Works Zone approval shall be taken to commence from that date. All vehicle  unloading/loading activities on a public roadway/footway are to be undertaken within an  approved Works Zone.

 

Panel Reasons

 

The Panel supports the findings contained in the Assessment Report and endorses the reasons for approval contained in that Report.

 

 

 

The decision of the Panel was unanimous

 

 

The meeting closed at 4.10pm

 

 

CHAIRPERSON

 

 

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