Land and Environment Court Gives Go Ahead for 37 Apartments Opposite Mowbray Public School Lane Cove North

    Get ready for more construction near Mowbray Public School after the Land and Environment Court gave the go-ahead for the developer, Staldone Turramurra Pty Ltd, to construct 37 apartments at 640 – 646 Mowbray Road Lane Cove North.

    Background

    Development on the Site is controlled by the Lane Cove Local Environmental Plan 2009 (LCLEP 2009).  The site is zoned R4 High Density Residential under LCLEP 2009. 5 The proposed development for a residential flat building is permissible with consent in the R4 zone.

    The Development Application was lodged in 2019 (DA94/2019).  The initial plans were objected to by the Lane Cove Council.  Residents also objected to the development on the grounds that it was too close to Mowbray Public School and would create traffic and parking issues.

    Development Details

    On 6 October 2020, The Land and Environment Court approved the following:

    • demolition of existing structures
    • removal of 22 trees
    • construction of a 5 storey residential flat building containing 37 apartments (5 x 1 bedroom, 27 x 2 bedroom and 5 x 3 bedroom)
    • Two levels of basement car parking containing 65 car parking spaces, 5 motorcycle spaces and 15 bicycle spaces
    • associated landscaping and stormwater works.

    The original development application reviewed by the Lane Cove Planning Panel on 10 December 2019 was:

    • demolition of existing structures
    • removal of 22 trees
    • construction of a five storey residential flat building containing 39 units (10 x 1-bedroom apartments 25 x 2-bedroom apartments and 4 x 3-bedroom apartments)
    • 2 levels of basement carparking for 66 vehicles to be accessed via a driveway from Mowbray Road West.
    • associated landscaping and stormwater works.

    Traffic Management

    The plans submitted with the construction certificate application include a regulatory “No Right Turn” signage to legally enforce no right turn entry or exit to or from the basement carpark (i.e. to allow left in and left our movements only) at the driveway serving the property.

    An application to Council’s Local Traffic Committee must be submitted and approval obtained with respect to removing the existing “No Parking” restrictions along the Mowbray Roadfrontage and installing regulatory “No Stopping” signage at the driveway that achieves at least a 40m sightline to the east for emerging left-turning drivers, as measured 2.5m from the exit side of the triangular median.

    Construction Hours

    DA conditions

    All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

    Monday to Friday (inclusive) 7 am to 5.30 pm (with high noise-generating activities, including rock breaking and saw cutting must not to be carried out continuously for longer than 3 hours without a 1-hour break)

    Saturday 8am to 12 noon (with NO excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken. Failure to comply will result in the issue of a breach of consent P.I.N.)

    No work Sunday or any Public Holiday.

    COVID19 construction hours 

    Due to COVID19 orders, construction can now take place seven days a week (including public holidays).

    As part of the NSW Government’s response to COVID19 the NSW Planning Minister on 9 April 2020 made the Environmental Planning and Assessment (COVID-19 Development – Infrastructure Construction Work Days) Order 2020.

    This order allow demolition and construction work to be carried out on Saturdays, Sundays and public holidays, without any further approval.

    The reason for this amendment was to assist with social distancing on construction sites by spreading construction work over seven days and to help stimulate the economy by keeping construction sites working.

    Although construction work is permitted seven days a week, the builder/developer must comply with the times set out for construction in the applicable development application.  In other words, a builder cannot work 24 hours a day, 7 days a week.

    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.

    To find out how you can object to construction being undertaken outside approved hours, read our article here.

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