The Pottery Lane Building is located across the road from the Lane Cove Aquatic Centre. It is both a residential apartment building containing one tower of seven storeys and a 6-level basement carpark and commercial offices.
The Department of Fair Trading has issued a building work rectification order to Lane Cove Council to “remediate the potential serious defect” as set out in the rectification order.
Failure to comply with the order is a criminal offence.
WN Developments Pty Ltd and Lane Cove Municipal Council were the developers of the Pottery Lane Buidling known as 1-5 Pottery Lane, Lane Cove NSW 2066 (SP 95221).
The rectification notice specifies:
“Defect – Waterproofing – Substrate and fall
On 10 March 2022, authorised officers of the Department conducted an inspection pursuant to s20 of the Act in the Building. At the rooftop levels of the building, the following was observed:
1. that there were areas of ponding water retained on the surface due to insufficient falls to the stormwater drain outlets.
2. that there were formwork imprints trapping water near skylights and hairline cracks throughout the membrane of the rooftop slab.
3. that there was a poor surface finish of the roof slab with exposed aggregate visible in multiple locations. The membrane has worn away at the peaks of the sharp protrusions.
4. The roof membrane has failed in multiple locations, liquid membrane on roof has emulsified in places as a result of long-term water ponding.
5. No upward termination at the doorway to the fire stairs at the roof. T
The issues described in the observations recorded above are serious because they are a defect in a building element (waterproofing).”
The order further notes:
“Lane Cove Municipal Council (ABN 42 062 211 626) must carry out building work, or cause building work to be carried out as follows:
Remediate Defect 1 by:
i. Attend plant, equipment, and ancillary fixtures to ensure continued operation throughout the remedial works.
ii. Survey the roof top substrates to determine high / low spots.
iii. Grind existing membrane from slab, prepare the substrate and ensure there are compliant falls to drain toward stormwater drain outlet
iv. Install a new UV stable waterproofing system including all termination detailing, angles, flashings, cappings, etc. 4
v. Re-position and secure the roof top plant, equipment and ancillary fixtures and re-commission to original condition.
vi. Make good any consequential damage.
The rectification work must be done within 2 months.
Why Was the Notice Only Served on Lane Cove Council?
The Department of Fair Trading obviously looked at the developers and noted that WN Developments Pty Ltd is being wound up.
Simon Napoli, a director of WN Developments, has lodged an application to wind up the company voluntarily.
He has certified that the company does not have any liabilities and is not a party to any litigation.
Mr Napoli hit the headlines in Queensland due to his involvement in a Couran Cove Development. See the Article: The Catholic Church figure, the island resort stoush and the mystery company
Lane Cove Council was given a copy of the proposed order, and on 18 May 2023, Lane Cove Council submitted, “the appropriate course for the Department to take, to remediate the relevant defects, is to issue any necessary BWRO on WN Developments and not Council”.
Lane Cove Council did not provide a justification for this course of action, and the Department of Fair Trading stated that as Lane Cove Council was the developer, it is appropriate to serve the rectification notion on the council.
Complicated Site History
The history of this site is complicated. The site was previously an outdoor car park.
This site was subject to a previous development application (DA10/172), which was lodged with Lane Cove Council on 10 August 2010 and withdrawn on 5 November 2010 as a result of a number of deficiencies identified by GM Urban Design & Architecture who independently assessed the DA on behalf of Council.
After the building was completed, ITC received complaints from residents about the fire alarms going off constantly. ITC was contacted by residents who were disappointed with the Lane Cove Council’s response to their issues.
ITC asked the Lane Cove Council to comment on the rectification notice. They advised as follows:
“Thank you for your enquiry today about the Building Work Rectification Order from the Department of Fair Trading (dated July 25). The person responsible for this matter is on leave until next week, and we are unlikely to have the work scoped and costed by your deadline of Wednesday. I will keep you informed of any further information I am able to provide.”
Questions to be answered by Lane Cove Council:
- How much will the rectification costs be?
- What budget will these costs come from?
- What programmes will have to be cut to cover the cost of the rectification works?
- Why were the costs not listed as a contingent liability in the 2023/2024 Budget Papers when the council was aware that Fair Trading NSW had issued a draft rectification notice?
- Were Lane Cove Councillors briefed on this issue before approving the 2023/2024 Budget?
This notice also calls into question a bigger issue. Should councils be developers of residential buildings?
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