Present:

The Mayor, Councillor J Anderson (Chairperson) (Roseville Ward)

Councillors S Holland & E Malicki (Comenarra Ward)

Councillors E Keays & C Szatow (Gordon Ward)

Councillor R Duncombe (Roseville Ward)

Councillors T Hall & C Hardwick (St Ives Ward)

Councillor D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Acting Director Corporate (Tino Caltabiano)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Sigrid Banzer)

163

Apologies

File: S02194

Councillor Ian Cross tendered an apology for non-attendance [health matter] and requested leave of absence.

Resolved:

(Moved: Councillors McDonald/Hall)

That the apology by Councillor Ian Cross be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

164

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499

Resolved:

(Moved: Councillors Keays/Duncombe)

That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of the confidential attachments to the following General Business reports:

GB.2     Lease to KOPWA Ltd - "Arrunga" Units - 259 - 261 Pacific Highway, Lindfield

GB.3     Marian Street Theatre, 2 Marian Street Killara - Management Options

GB.12   Tender T54/2012 - Scheduled Maintenance of Mechanical Services - Various Buildings

GB.15   T44/2011 - North Turramurra Recreation Area - Detailed Engineering Works - Slope C - Semi-Contiguous Pile Wall

CARRIED UNANIMOUSLY

Late Items:

Refer MM.1 - VALE William Henry "Harry" Oliver - Memorandum by the Mayor, Councillor Jennifer Anderson dated 21 June 2012 to Councillors with attached amended Mayoral Minute with the explanation as to why the Mayoral Minute was updated as a result of information having been added and details clarified by the family.

Refer MM.3 - RAF Bomber Command Memorial - Letter of Appreciation

Refer GB.11 - Delivery Program and Operational Plan 2012-2013 - Post Exhibition - Memorandum by Manager Integrated Planning, Property and Assets dated 22 June 2012 with attached late submissions.

Refer GB.15 - T44/2011 - North Turramurra Recreation Area - Detailed Engineering Works - Slope C - Semi-Contiguous Pile Wall - Memorandum by Manager Strategic Projects dated
22 June 2012 regarding a late report with confidential attachments.

Memorandums:

Refer GB.10 - Ku-ring-gai Bicycle Plan - Memorandum by Manager Urban and Heritage Planning dated 25 June 2012 advising of additional information and minor amendments to the draft plan prior to exhibition.

Gordon Golf Club - Correspondence to Council - Memorandum by Director Community dated 26 June 2012 advising Councillors of a proposed increase of the fee relating to the Gordon Golf Club's lease under the 2012/2013 Fees and Charges.

Councillors Information:

Lot 1 Water Street, Wahroonga - Fencing - Memorandum by Manager Open Space Services dated 21 June 2012 with an attachment in answer to a Question Without Notice raised by Councillor Duncan McDonald at the Ordinary Meeting of Council held on 12 June 2012.

Confidential Late Agenda Attachment:

Refer GB.15 - T44/2011 - North Turramurra Recreation Area - Detailed Engineering Works - Slope C - Semi-Contiguous Pile Wall - Confidential Attachments to the report.

165

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 12 June 2012

Minutes numbered 143 to 162

Resolved:

(Moved: Councillors McDonald/Szatow)

That Minutes numbered 143 to 162 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

166

VALE William Henry "Harry" Oliver

File: S04813

Vide: MM.1

On behalf of Ku-ring-gai Council, I would like to pay tribute to the life of former Lindfield resident Harry Oliver, who sadly passed away on the 31^st of May at the age of 92.

Harry was a prominent member of our community and was involved in many organisations including St David’s Uniting Church at Lindfield, Hornsby RSL Club, Killara Bowling Club and the Wolseley & Treatts Roads Residents’ Action Group.

Harry, the eldest of seven children, enlisted for World War 11 in 1940 and served in the Citizen Military Forces and the Australian Imperial Force.

He was a member of the 18^th and 30^th Australian Infantry Battalions, serving in Papua New Guinea. His war service was recognised with medals including the 1939-45 Star, the Pacific Star and the Australian Service Medal.

On returning from the war, Harry was instrumental in founding Hornsby RSL Club and was the oldest surviving founding board member.  As a proud war veteran, he never missed an Anzac Day march.

A life-long elder of St David’s Uniting Church, Harry served in several roles including Church Secretary and as a member of the Church Property Committee.

He was also an active member of the Wolseley & Treatts Roads Residents’ Action Group, helping to campaign for the retention of low density development in Lindfield and the protection of built and natural heritage.

Harry worked his entire career with miller and foodstuff firm Clifford Love and Co, makers of the famous Uncle Toby’s Oats.

His role was to source and buy ingredients such as maize, and he became a licensed pilot so he could check crops with less time away from his family than would have been possible with road trips.

He started at the bottom and worked his way up through the company, retiring in 1983.

Harry’s service to agriculture was recognised with a major award putting him in a similar league to iconic Australian agronomist William Farrer.  They were both listed on the Honour Roll of Agricultural Icons of the 20^th Century.

Harry had three children, Lyn, Gaye and Gary, and two grandchildren, Belinda and Kelton – and was married for 69 years to Noeleen, who passed away last year.  He remained in the Lindfield family home until illness necessitated a move to a nursing home in Willoughby.

He remained active in his later years.  At the age of 86, he did the Sydney Harbour bridge climb, a symbolic event considering he walked across the bridge as a child when it opened in 1932.

On behalf of Ku-ring-gai Council, I would like to pay tribute to the life of Harry Oliver and express our sincere condolences to his extended family.  He was a truly inspiring member of our community who will be sorely missed by many.

Resolved:

A.     That the Mayoral Minute be received and noted.

B.     That we stand for a minute’s silence to honour the life of Harry Oliver.

C.     That the Mayor write to Harry’s family enclosing a copy of the Mayoral Minute.

CARRIED UNANIMOUSLY

167

Queen's Birthday Honours 2012

File: S02767

Vide: MM.2

I am pleased to inform you that 10 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2012 Queen’s Birthday Honours.

We are very proud to have these dedicated and talented Australians as members of the Ku-ring-gai community.

I would like to read to you the names of these special Ku-ring-gai citizens and, on behalf of Council, congratulate them on their excellent contributions to Australian society.

Kevin Callinan of St Ives, for service to the Ku-ring-gai community through the Historical Society, the Ku-ring-gai Community Shed and St Ives Progress Association.

Peter Pickles of Killara, for service to the community through the establishment of student leadership training programs, pastoral care for Members of Parliament, contributions to Australia’s international aid programs and philanthropic support for medical research.

Lancelot Lightfoot of Wahroonga, for service to the container shipping industry, to the development and promotion of Australia’s international trade networks and as a supporter of the welfare of merchant mariners, and to the community.  

James Millar of Gordon, for service to business and commerce through executive roles with a range of organisations, and to the community through leadership and fundraising support for social welfare, cancer research and education.

Robert Jansen of Killara, for service to medical research and education domestically and overseas as an academic, clinician and author, particularly in the field of human reproductive genetics and in-vitro fertilisation.

Alanna Nobbs of Pymble, for service to education in the fields of ancient history and the classics as an educator, and through leadership roles in professional organisations, in particular, the Society for the Study of Early Christianity.

Richard Nott of West Pymble, for service to the banking and insurance industries, and to the community through the Australia-Britain Society.

Clifford Cowdroy of Lindfield, for service to remote education through the Bush Children’s Education Foundation of NSW.

Margaret Leong of St Ives, for service to youth as the co-founder and inaugural president of the Nova Youth Orchestra.

Eric Palmer of Pymble, for service to people with disabilities, particularly through the scouting movement and volunteer at the Northern Area Recreational Association.

On behalf of Council, I congratulate all these award winners on their outstanding achievements.

Ku-ring-gai should be proud that it has so many citizens being recognised at the highest levels for their selfless dedication, commitment and contribution to local, national and international communities.

Resolved:

A.     That Council acknowledge the outstanding contribution made by these recipients of 2012 Queen's Birthday Honours to the Ku-ring-gai community and to the well-being of our society.

B.     That the Mayor, on behalf of Council, write to the recipients to congratulate them.

CARRIED UNANIMOUSLY

168

RAF Bomber Command Memorial - Letter of Appreciation

File: S02024

Vide: MM.3

At our meeting on 22 May 2012, Councillors resolved to donate $10,000 towards an appeal to help local World War II veterans attend the unveiling of the RAF Bomber Command Memorial in London.

More than 55,000 members of the Bomber Command died in the war. Around 3,500 of these were Australians. To honour this sacrifice, the Queen will unveil a special memorial this coming Thursday, 28 June.

As a result of the financial assistance from Council and other sources, local veterans of the Bomber Command have been able to make the journey to London for this very special ceremony.

They include pilots, navigators and bomb aimers from Warrawee, Wahroonga and
St Ives.

I have received a kind letter from Ross Pearson OAM, 89, of Lindfield, who was a wireless operator/gunner during the war.

On behalf of the local veterans who have travelled to London, Mr Pearson has thanked Council for the donation.

In his letter, he wrote: “The elected representatives have shown compassion and a generous desire to ensure appropriate representation at the London Memorial recognising the achievements and sacrifice of the boys in Air Force Blue”.

It’s very pleasing to know that our donation has been truly appreciated and has gone towards a very worthwhile cause.

We look forward to hearing of the veterans’ experiences in London when they return.

Resolved:

That the Mayoral Minute, including the letter from Mr Ross Pearson, be received and noted.

CARRIED UNANIMOUSLY

169

Compliance Audit of Recently Completed Developments

File: CY00133/4

Vide: GB.7

To report on an audit of three recently completed residential flat developments to determine the number and type of non-compliances detected.

Resolved:

(Moved: Councillors Holland/Malicki)

That the report is received and the findings of the sample development compliance audit 2012 be received and noted.

CARRIED UNANIMOUSLY

170

Council Submission: Sydney Over the next 20 years - Discussion Paper NSW Department of Planning & Infrastructure

File: CY00349/2

Vide: GB.8

To have Council consider a submission on the Discussion Paper “Sydney Over the next 20 years”.

Resolved:

(Moved: Councillors Holland/Malicki)

That a submission to the NSW Department of Planning & Infrastructure on the Discussion Paper - “Sydney Over the Next 20 Years”,  be prepared based on the key points identified in this report.

CARRIED UNANIMOUSLY

171

Tender T54/2012 - Scheduled Maintenance of Mechanical Services - Various Buildings

File: S09277/2

Vide: GB.12

For Council to consider the tender received for scheduled maintenance of Mechanical Services Various Buildings and appoint the preferred tenderer.

Resolved:

(Moved: Councillors Holland/Malicki)

A.     That Council accept the preferred tender from Norfolk Holdings Pty Ltd (Haden) to carry out scheduled maintenance of mechanical services various buildings for a period of three (3) years with a two (2) year option.

B.     That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.

C.     That the Common Seal of Council be affixed to all necessary documents.

D.     That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.

CARRIED UNANIMOUSLY

172

60 Westbrook Avenue, Wahroonga - Amendment of Terms of Drainage Easement over Downstream Property

File: PCDC0369/11

Vide: GB.13

To consider a request by the owners of 60 Westbrook Avenue, Wahroonga, to amend the terms of the drainage easements over 62 Westbrook Avenue and 27 Morris Avenue to permit the passage of runoff from 60 Westbrook Avenue, Wahroonga.

Resolved:

(Moved: Councillors Holland/McDonald)

A.     That Council grants approval for the amendment of the terms of the drainage easements over Lot 13 DP24317, known as 62 Westbrook Avenue, and Lot 19 DP27768, known as  27 Morris Avenue, to allow the passage of private property runoff. 

B.     That Council authorise the Mayor and the General Manager to execute all documentation associated with the amendment to the terms of the existing easements.

C.     That Council authorise the affixing of the Common Seal of the Council to the amended Section 88B Instruments and if required, for any extinguishment of the existing easement.

D.     The applicant will be responsible for all costs to amend the terms of the drainage easements including but not limited to the costs of legal, survey, registration and administration.

CARRIED UNANIMOUSLY

173

100 Eton Road, Lindfield - Subdivision to Create 7 Lots for Development envisaged under Part 3A Concept Approval MP06-0130, Construction of Roads, Ancillary Site Works and new Sporting Oval - Voluntary Planning Agreement for Edgelea

File: DA0677/11

Vide: GB.5

Subdivision of land and preparation works for development envisaged under
MP06-0130.

Resolved:

(Moved: Councillors Holland/Malicki)

A.     That Council resolve to enter into the Planning Agreement with DHA for the Edgelea development, as specified within Annexure E.

B.     That the Council grant delegation to the General Manager and Mayor to execute the Planning Agreement, under Common Seal.

C.     That Council grant Development Consent to DA0677/11 for the subdivision of 100 Eton Road , Lindfield into 7 lots for development envisaged under Concept Approval MP06_0130, and lots for public facilities and asset protection zones, and for the construction of roads, ancillary site works and new soccer field, subject to the following conditions:

Conditions that identify approved plans:

1.     Approved architectural plans and documentation

The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

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

2.     Inconsistency between documents

In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

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

3.     No demolition of extra fabric

Demolition of the existing buildings shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building network which is shown to be retained.

Reason:    To ensure compliance with the development consent.

Conditions to be satisfied prior to the issue of the construction certificate:

4.     Amendments to environmental site management plan

Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved plans, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:

The following changes are required to the Environmental Site Management Plan:

1.      The plan of the site is to be provided at a legible scale.

2.      The plan is to refer to all proposed works within the above development application including, road construction and associated landscape works, laying field construction and associated parking and landscape works, and services installation.

3.      The environmental site management plan is to be prepared in accordance with Council’s DA Guide including proposed tree protection as per arborist recommendation, location of temporary truck access, site offices, parking, and material handling areas.

4.      The approval of this application will enable the requirements of an asset protection zone

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the environmental site management plan has been submitted as required by this condition.

Note:     A site management plan shall be submitted to the Certifying Authority.

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

5.     Amendments to approved landscape plans

Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved landscape plans, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:

The following changes are required to the Landscape Plan:

1.      To preserve existing vegetation as per Tree Management Plan, Section 2c (la2402/a02, DEM, 8/12/11) is to be amended to indicate the top of wall height of the proposed rock cutting or stone wall proposed along the northern side of Road 2, between chainage 200 and 275. The top of wall level is to ensure retention of existing ground levels in the vicinity of existing vegetation that is shown to be retained. 

2.       Landscape plans are to include proposed concrete headwall stormwater outlets with scour protection to southern end of Road 1(Stormwater and Utilities Coordination Plan, C5.02/1, Northrop, 16/11/11).

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended are required by this condition.

Note:     An amended plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.

Reason:       To ensure adequate landscaping of the site

6.     Long service levy

In accordance with Section 109F(i) of the Environmental Planning and Assessment Act a Construction Certificate shall not be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided to Council.

Reason:         Statutory requirement.

7.     Excavation for services

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that no proposed underground services (i.e.: water, sewerage, drainage, gas or other service) unless previously approved by conditions of consent, are located beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.

Note:       A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason:         To ensure the protection of trees.

8.     Utility provider requirements

Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained.  All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.

Reason:         To ensure compliance with the requirements of relevant utility providers.

9.     Structural stability

Prior to the issue of a Construction Certificate, a report prepared by a structural engineer in respect of the condition of the supporting structure for the suspended portion of Road 1 (known as the bus turn around bay) shall be provided to Council. Where the structure is identified to not be structurally sound, it shall be upgraded to Council’s satisfaction (with the extent of works to be determined in consultation with Council). Where upgrade / rectification works are necessary, details of these works shall be provided to the Principal Certifying Authority.

Reason:   Public interest.

10.   Road lighting

The applicant is to provide a road lighting plan for the development with due consideration given to all areas operating characteristics, proposed traffic management devices and intersection including all works within the road reserve and adjoining public spaces. The lighting plan shall be designed in accordance with Australian Standards AS/NZS 1158 - Road Lighting.  On completion of the road lighting design plans, the plans and a schedule of annual charges shall be forwarded to Council's for their acceptance of the ongoing maintenance and charges.  These plans shall include a statement by the designer certifying that the design meets all requirements of AS/NZS 1158.  The Construction Certificate for development shall not be issued prior to Council providing this letter of acceptance, unless otherwise agreed to by Council.  This letter of acceptance and approved plan shall then by submitted to Ausgrid for their approval and certification for connection to their public lighting network.

Reason:   Public safety.

11.   Sporting field surface

The surface of the sporting felid shall be designed to satisfy AS 3541.1-1988 Synthetic sporting surfaces - General principles and FIFA 1-star accreditation. Detailed plans and specifications shall be provided to, and meet the satisfaction of Council’s Sports and Recreation Planner prior to the issue of a Construction Certificate.

Reason:       To ensure a high standard of public asset.

12.   Easements

Prior to the issue of any Construction Certificate and to the satisfaction of Council, a plan shall be provided detailing the location of easements necessary for any services (including stormwater) which traverse over proposed allotment boundaries. Easements shall be sized in accordance with Council’s DCP No. 47.

Reason:       Orderly development of land.

13.   Stormwater

The applicant shall submit full hydraulic design documentation for the required interallotment drainage system from the subject property to the approved point of discharge to the public drainage system in Winchester Avenue.  Plans are to be prepared by a suitably qualified and experienced consulting civil/hydraulic engineer in accordance with Council’s Water Management DCP 47 (available on Council’s website and at Customer Services) and the Plumbing and Drainage Code (AS3500). New pipes within the downstream easement drainage system must be sized to have adequate capacity to carry design flow rates, or detention system overflows where detention systems are to be provided, from the subject property. 

The following details must be included:

·       plan view of interallotment system to scale showing dimensions, location and reduced levels of all pits, grates, pipe inverts, flushing facilities and exact point of discharge

·       the contributing catchment calculations and supporting pipe sizing information

·       longitudinal section showing existing ground levels and proposed pipe invert levels, grades and flow capacities

·       surrounding survey detail including all trees within seven (7) metres of the proposed drainage system

·       means to preserve the root systems of trees within seven (7) metres of the drainage system

Reason:         To ensure adequate provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties.

14.   Asset Protection Zones

Prior to the issue of a Construction Certificate and to the satisfaction of Council, a plan shall be provided to Council detailing the extent of vegetation clearing within the APZ’s. This plan is to clearly detail what trees are to be retained and what trees are to be removed. The plan is to also include the relevant information as required by the second last dot point of the Bushfire section within the Statement of Commitments, referenced in Condition A2(1)(b) of MP06_0130.

Reason:      Requirement of Concept Approval.

15.   Bus turn-around bay

Prior to the issue of any Construction Certificate for residential development on lot 5 or the Subdivision Certificate for the further subdivision of Lot 5 the undercroft area of the bus turn around bay associated with Road 1 is to be painted grey, with the extent of painting ensuring that all existing graffiti is not visible. These works are to be at the sole expense of the developer undertaking the works and are to be undertaken to Council’s satisfaction.

Reason:       Public benefit.

16.   Stormwater system

The outlet pipe draining the soccer oval at the south western corner is to discharge at the bottom of the rock wall that retains the soccer oval. Drainage plans subject of the Construction Certificate shall be amended in this regard, with the final design to be submitted to and approved by the certifying authority.

Reason:      To minimise environmental impact.

17.   Voluntary planning agreement

Prior to the issue of any Construction Certificate the Voluntary Planning Agreement between Ku-ring-gai Council and Defence Housing Australia titled ‘Voluntary Planning Agreement for Edgelea’ is to be executed and implemented in accordance with the timetable and terms set within the document.

Reason:       Statutory requirement.

18.   Pavement design

Pavement design for the new roads (and upgraded roads) shall be prepared in accordance with the Austroads publication ‘Guide to Pavement Technology – Part 2 Pavement Structural Design. Where the design relates to a road that is to be dedicated to Council, the design shall be submitted to Council and approved by Council Asset Engineer, prior to the issue of a Construction Certificate.

These plans shall include the removal of Tree No. 914 abutting and overhanging the bus turn-around bay.

Reason:         To ensure an appropriate standard of Construction.

Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):

19.   Infrastructure restorations fee

To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:

a)      All work or activity taken in furtherance of the development the subject of this approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

b)      The applicant, builder, developer or any person acting in reliance on this approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.

c)      The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

d)      In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.

e)      In this condition:

“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and

“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.

Reason:         To maintain public infrastructure.

20.    Traffic management

Prior to the issue of any Construction Certificate for this development, the applicant must obtain approval from Council for a Site, Pedestrian and Traffic Management Plan. This Plan must address the measures that will be implemented for the protection of adjoining properties, pedestrian safety and traffic management and other requirements as specified below.  

A PRIVATE CERTIFIER CANNOT APPROVE YOUR SITE, PEDESTRIAN & TRAFFIC MANAGEMENT PLAN

This plan shall include details of the following:

a)      Proposed ingress and egress points for vehicles to and from the construction site;

b)      Proposed protection of pedestrians, adjacent to the constructions site;

c)      Proposed hoardings, scaffolding and/or fencing to secure the construction site;

d)      Proposed pedestrian management whilst vehicles are entering/exiting the construction site;

e)      Proposed measures to be implemented for the protection of all public roads and footway areas surrounding the construction site from building activities, crossings by heavy equipment, plant and materials delivery and static load from cranes, concrete pumps and the like;

f)       Proposed method of loading and unloading excavation machines, building material, construction materials and waste containers during the construction period;

g)      Proposed traffic control measures such as advanced warning signs, barricades, warning lights, after hours contact numbers etc are required to be displayed and shall be in accordance with Council's and the NSW Roads and Maritime Service requirements and AS1742.3.

h)      Proposed method of support of any excavation, adjacent to adjoining buildings or the public road. The proposed method of support is to be certified by a Civil Engineer with National Professional Engineering Registration (NPER) in the construction of civil works.

i)       Proposed measures to be implemented in order to ensure that no soil/excavated material is transported on wheels or tracks of vehicles or plant and deposited on the public road.

j)       Proposed measures for protection of the environment including procedures to control environmental impacts of work e.g. sediment control, proper removal, disposal or recycling of waste materials, protection of vegetation and control/prevention of pollution i.e. water, air noise, land pollution.

The approved Site, Pedestrian and Traffic Management Plan is to be implemented prior to the commencement of any works on the construction site. The applicant will be required to pay for inspections by Council Officers in accordance with Council's adopted fees and charges.

It is the responsibility of the applicant to contact the RMS to determine whether the works will require a Road Occupancy Licence from the RMS.  More information can at http://www.rta.nsw.gov.au/trafficinformation/downloads/road_occupancy_manual.pdf  or searching for ‘road occupancy’ on the RMS website or contacting Planned Incident Unit (PIU) Phone: 8396 1513 Fax: 8396 1530.

Conditions to be satisfied prior to demolition, excavation or construction:

21.   Road opening permit

The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a road opening permit being obtained from Council (upon payment of the required fee) beforehand.

Reason:       Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.

22.   Notice of commencement

At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.

Reason:         Statutory requirement.

23.   Notification of contractor’s details

Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the contractor intending to carry out the approved works.

Reason:         Statutory requirement.

24.   Erosion and drainage management

Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority.  The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.

Reason:         To preserve and enhance the natural environment.

25.   Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off as per following Tree Management Plans to prevent any activities, storage or the disposal of materials within the fenced area.  The fence/s shall be maintained intact until the completion of all demolition/building work on site.

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacing’s and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing.

Reason :      To protect existing trees during construction phase.

26.   Statement of compliance with Australian Standards

The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The work plans required by AS2601: 2001 shall be accompanied by a written statement from a suitably qualified person that the proposal contained in the work plan complies with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the satisfaction of the Principal Certifying Authority prior to the commencement of any works.

Reason:         To ensure compliance with the Australian Standards.

27.   Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.

The site notice must:

·      be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted

·      display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer

·      be durable and weatherproof

·      display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice

·      be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason:         To ensure public safety and public information.

28.   Tree fencing inspection

Upon installation of the required tree protection measures, an inspection of the site by the Principal Certifying Authority is required to verify that tree protection measures comply with all relevant conditions.

Reason:         To protect existing trees during the construction phase.

Conditions to be satisfied during the demolition, excavation and construction phases:

29.   Prescribed conditions

The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

·      The work must be carried out in accordance with the requirements of the Building Code of Australia.

·      In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.

Reason:         Statutory requirement.

30.   Hours of work

Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.

Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.

Where it is necessary for works to occur outside of these hours (i.e.) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RMS from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Note:               Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.

Reason:          To ensure reasonable standards of amenity for occupants of neighbouring properties.

31.   Temporary irrigation

Temporary irrigation within the Tree Protection Fencing is to be provided.  Irrigation volumes are to be determined by the Project Arborist.

Reason:         To protect trees to be retained on site.

32.   Demolition of existing site structures

To preserve the health and condition of existing trees to be retained,  all demolition of existing building and landscape structures including tree removal, are to be undertaken within the access restricted to the existing driveways and building platforms and in accordance with Section 2, Appendix 6 and Appendix 7, Arboricultural Impact Appraisal and Method Statement, Naturally Trees, 12/12/11. Where vehicular access is required across existing soft landscape area, temporary ground protection capable of supporting the vehicles is to be constructed in accordance with Section 4.5.3, AS4970-2009 Protection of trees on development sites.

Reason:         To protect trees to be retained on site.

33.   Approved plans to be on site

A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.

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

34.   Construction noise

During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with the recommendations of the approved noise and vibration management plan.

Reason:         To ensure reasonable standards of amenity to neighbouring properties.

35.   Dust control

During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:

·      physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust

·      earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed

·      all materials shall be stored or stockpiled at the best locations

·      the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs

·      all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust

·      all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays

·      gates shall be closed between vehicle movements and shall be fitted with shade cloth

·      cleaning of footpaths and roadways shall be carried out daily

Reason:         To protect the environment and amenity of surrounding properties.

36.   Guarding excavations

All excavation, demolition and construction works shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.

Reason:         To ensure public safety.

37.   Toilet facilities

During excavation, demolition and construction phases, toilet facilities are to be provided, on the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Reason:         Statutory requirement.

38.   Protection of public places

If the work involved in the erection, demolition or construction of the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Any hoarding, fence or awning is to be removed when the work has been completed.

Reason:         To protect public places.

39.   Recycling of building material

During demolition and construction, the Principal Certifying Authority shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.

Reason:         To facilitate recycling of materials.

40.   Construction signage

All construction signs must comply with the following requirements:

·      are not to cover any mechanical ventilation inlet or outlet vent

·      are not illuminated, self-illuminated or flashing at any time

·      are located wholly within a property where construction is being undertaken

·      refer only to the business(es) undertaking the construction and/or the site at which the construction is being undertaken

·      are restricted to one such sign per property

·      do not exceed 2.5m²

·      are removed within 14 days of the completion of all construction works

Reason:         To ensure compliance with Council's controls regarding signage.

41.   Road reserve safety

All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.  Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

Reason:         To ensure safe public footways and roadways during construction.

42.  Services

Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the applicant and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the applicants’ full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services (including water, phone, gas and the like). Council accepts no responsibility for any matter arising from its approval to this application involving any influence upon utility services provided by another authority.

Reason:         Provision of utility services.

43.   Sydney Water Section 73 Compliance Certificate

The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing CoOrdinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the CoOrdinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

Reason:         Statutory requirement.

44.   Arborist’s report

The trees to be retained shall be inspected, monitored and treated by a Project Arborist who must be a qualified (AQF) Level 5 arborist in accordance with AS4970-2009 Protection of trees on development sites.  Regular inspections and documentation from the Project Arborist to the Principal Certifying Authority are required including at the following times or phases of work. All monitoring shall be recorded and provided to the Principal Certifying Authority prior to completion of the works.  

Reason:         To ensure protection of existing trees.

45.   Stockpiling of top soil

Top soil shall be stripped from areas to be developed and stock-piled within the site. Stock-piled topsoil must be located outside drainage lines and tree canopies and be protected from run-on water by suitably positioned diversion banks.  Where the period of storage will exceed fourteen (14) days, stock-piles are to be seeded or sprayed with an appropriate emulsion solution to minimise particle movement.

Reason:         To protect the environment.

46.   Canopy/root pruning

Canopy and/or root pruning of the following tree(s) which is necessary to accommodate the approved building works shall be undertaken by an experienced AQF level 3 Arborist under the supervision of the Project Arborist and in accordance with the reduction pruning clause of AS4373-2007. All other branches are to be tied back and protected during construction, under the supervision of a qualified arborist.

Reason:         To protect the environment.

47.   Treatment of tree roots

If tree roots are required to be severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist with a minimum qualification of Horticulture Certificate or Tree Surgery Certificate.  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 – Pruning of Amenity Trees.

Reason:         To protect existing trees.

48.   Excavation near trees

No mechanical excavation shall be undertaken within the specified radius of the trunk(s) of the following tree(s) until root pruning by hand along the perimeter line of such works is completed:

Reason:         To protect existing trees.

49.   Hand excavation

All excavation (excluding that associated with road construction) within the specified radius of the trunk(s) of the following tree(s) shall be hand dug under the supervision of the Project Arborist.

Reason:         To protect existing trees.

50.   No storage of materials beneath trees

No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.

Reason:         To protect existing trees.

51.   Removal of refuse

All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.

Reason:         To protect the environment.

52.   Canopy replenishment trees to be planted

The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order.  Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.

Reason:         To maintain the treed character of the area.

53.   On site retention of waste dockets

All demolition, excavation and construction waste dockets are to be retained on site, or at suitable location, in order to confirm which facility received materials generated from the site for recycling or disposal.

·      Each docket is to be an official receipt from a facility authorised to accept the material type, for disposal or processing.

·      This information is to be made available at the request of an Authorised Officer of Council.

Reason:       To protect the environment.

54.   DECC requirements

All works subject of this consent is to be undertaken in accordance with the ‘Guidelines for Developments Adjoining Department of Environment and Conservation Land’ by DECC dated August 2006.

Reason:       Requirement of Concept Approval.

55.     Rural Fire Services conditions – S.100B

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

1.     At the issue of the subdivision certificate and in perpetuity, or at any time prior to this, the landowner shall implement the required Asset Protection Zone and landscape management works in accordance with Planning for Bushfire Protection 2006 and the NSW Rural Fire Service’s document Standards for asset protection zones. The asset protection zones shall consist of an Inner Protection Area (IPA) and Outer Protection Area (OPA) in accordance with table A2.7 of ‘Planning for Bushfire Protection 2006’. The IPA requirement shall be excluded from conservation areas.

Water and utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bushfire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

2.     Water, electricity and gas are to comply with section 4.1.3 of  ‘Planning for Bushfire Protection 2006.

Access

The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area. To achieve this, the following conditions shall apply:

3.      Public road access shall comply with section 4.1.3(1) of ‘Planning for Bushfire Protection 2006’.

56.   Cut and Fill

Cut and fill across the allotments being created should be balanced. Where additional fill is necessary, this fill shall be Virgin Excavated Material (VEM). Documentation supporting this for the importation of any soil to the site shall be provided to the Principal Certifying Authority.

Reason:       Requirement of Concept Approval.

57.   Survey marks

The applicant must not remove, damage, destroy, displace, obliterate or deface any survey mark unless authorised to do so by the Surveyor-General and is to comply with Section 24(1) of the Surveying Act 2002.  Further details are contained in Surveyor General’s Direction No 11. More information can be found at http://www.lpma.nsw.gov.au/__data/assets/pdf_file/0008/25946/section11.pdf or by searching on the Lands Department website through the tags 'Survey & Maps', 'SCIMS Online', 'Survey Mark Status' to get a copy of the document.  For the purpose of this clause ‘survey mark’ means a mark that is in a form or style declared by the regulations to be the form or style for a survey mark under the Surveying Act 2002.

Reason:       Public interest.

58.   Construction Standards

All construction and restoration work shall be carried out in accordance with the approved plans (including any amendments shown in red) and with Council’s General Specification for Construction of Road Works and Drainage Works and to the satisfaction of Council's Development Engineer.

Any inspections carried out by Council do not relieve the applicant or the Applicant’s Engineer/Surveyor of their responsibility to ensure works are carried out in accordance with these approved plans and with Council’s Specification for Road Works and Drainage Work.

Reason:      Public benefit.

59.   Council assets

Any disturbed or damaged areas adjacent to the public land or roadway shall be restored or landscaped to the satisfaction of Council’s Director Operations. Full cost to be borne by the developer. The total cost of all construction and restoration work shall be borne by the applicant.

That prior to construction of the building, fencing or suitable alternative be installed around the easement perimeter to prevent loading by heavy construction machinery on the area directly above the pipelines at no cost to Council.

Reason:       To ensure a high standard of Council asset.

60.   Insurances

The applicant or the applicant’s contractor shall ensure that there is adequate Worker’s Compensation policy in force for the staff carrying out the work, and shall supply a copy of such policy to Council prior to the commencement of work.

The applicant must indemnify Council against all loss of or damage to the property of others and injury or death to any persons which may arise out of or in consequence of the carrying out of the work and against all claims, demands, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto.  In this regard, the applicant shall take out a public liability policy during the currency of the works in the sum of not less than $20,000,000 and to be endorsed with Ku-ring-gai Council as principal, and keep such policy in force at the applicant’s own expense.  A certificate from the applicant’s insurers to this effect is to be lodged with Council before any work is commenced.  The amount of Common Law liability shall be unlimited.

Reason:        Public interest.

61.   Design requirements

This approval does not confer any responsibility upon Council with respect to the accuracy of the design for which responsibility fully rests with the designing engineer.

This approval does not confer any responsibility upon Council with respect to the design meeting requirements of AS1428.

Reason:        Disability Discrimination Act requirement.

62.   Road safety

Lighting, fencing, traffic flagging and advance warning signs and other measures shall be provided in accordance with the RMS’s “Traffic Control at Work Sites Version 4”,  SAA’s “Field Guide for Traffic Control at Works on Roads – Part 1” and AS 1742.3 “Manual of uniform traffic control devices, Part 3, Traffic control devices for works on roads” and the approved Traffic Control Plan for these works.  Traffic movement in both directions and vehicular access to private properties is to be maintained at all times.

Reason:       Public safety.

63.   Necessary Council inspections – engineering

Council’s Development Engineer is to undertake an inspection of the works which will be dedicated to Council or come under Council control at the time of subdivision.  The applicant or their engineer is to give Council’s Development Engineer at least 48 hours notice of a need for inspection of the following stages:

a)    After excavation and prior to pipe laying commencing.

b)    Pipes laid and jointed, prior to backfilling.

c)     Pits formed prior to pouring.

d)    Road, excavated to sub grade and sub grade compacted.

e)    Road, base placed and compacted, prior to laying asphalt.

f)     Prior to any concrete pours.

g)    All works completed and restoration complete.

h)    Before commencement and at agreed times during piling works.

Reason:   To ensure a high standard of public asset.

64.   Construction requirements

Joins to existing asphalt to be at least 300 mm overlap of edge of excavation below asphalt.  See Council’s drawing 2004-010.

Reason:       To ensure a high standard of public asset.

65.   Completion of construction

A Consulting Civil Engineer’s Certificate is to be supplied to Council on completion of all works which is to certify that all works have been carried out in accordance with the approved plans and with Council’s “General Specification for Road Works and Drainage Works”.

Reason:       To ensure a high standard of public asset.

66.   Inspections by Sports and Recreation Planner

The following inspections during construction shall be undertaken by Council’s Sports and Recreation Planner (or his/her nominated representative) for the soccer field:

·      At completion of the sub-grade, to check size, levels, gradients and strength. This is to validate the design of the sub-base (thickness, etc).

·      At completion of the construction of the drainage system, to ensure that all connections have been made and that the correct falls have been made in pipe work and that the pipe work is free of blockage.

·      At completion of the base to check that level and thickness requirements have been met and that the materials supplied are as per tender, e.g. crushed rock, concrete, etc.

·      At completion of the shock pad to check thickness, if this is part of the final design.

·      At completion of the carpet surface to ensure consistency of infill depth across the pitch. Also to ratify lines, dimensions, etc.

·      At completion of any natural turf surrounds or associated landscaped areas.

·      At completion of the chain wire fencing, if installed.

A minimum of 48 hours notice shall be given for necessary inspections. The Subdivision Certificate shall not be issued until Council has provided the developer with written conformation that the completed works are to their satisfaction, in anticipation of hand over and dedication.

Reason:       To ensure a high standard of public asset.

67.   Works-as-executed drawings

Works-as-Executed drawings of the competed works are to be provided to Council’s Development Engineer immediately upon completion of works. To be prepared by a registered surveyor.

Reason:       To ensure works are constructed as designed.

68.   Drainage assets

That after the building construction on site and drainage in the road are completed, an inspection of the pipeline by closed circuit TV or suitable alternative be undertaken to verify the structural integrity of pipelines by the applicant at no cost to council.  Prior to the issue of any occupation certificate(s), the applicant is to obtain written acceptance from Council of the pipeline and the inspection report.

Reason:       To ensure works are constructed as designed.

69.   Aboriginal Land Council

All works associated with the subdivision shall be done with the supervision of the Metropolitan Local Aboriginal Land Council. In the event that any archaeological findings are unearthed, works are to stop immediately and they are to be referred to the NSW Heritage Office.

Reason:       To ensure compliance with the Concept Approval.

70.   Demolition / excavation requirements

Any demolition / removal of Polychlorinated Biphenylis (PCB’s) and asbestos containing material is to be removed in accordance with current NSW EPA waste classification and disposal guidelines, as well as Workcover occupational health and safety procedures. They shall also accord with the applicable Australian Standards.

Reason:      To ensure compliance with the Concept Approval.

71.   Cut and fill

Any fill required to be brought onto the site is to be certified as Virgin Excavated Material (VEM). Certification of any such fill is to be provided to the PCA.

Reason:      To ensure compliance with the Concept Approval.

72.   EPBC approval

The development and any associated works are to be undertaken in accordance with Environment Protection and Biodiversity Conservation Act 1999 (cth) approval for a Controlled Action (EPBC 2008/4083).

Reason:     To ensure compliance with the Concept Approval.

Conditions to be satisfied prior to the issue of a Subdivision certificate:

73.   Completion of landscape works

Prior to the release of the Subdivision Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.

Reason:         To ensure that the landscape works are consistent with the development consent.

74.   Completion of tree works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all tree works, including pruning in accordance with AS4373-2007 or remediation works in accordance with AS4370-2009, have been undertaken in accordance with the approved plan(s) and conditions of consent.

Reason:         To ensure that the tree works are consistent with the development consent.

75.   Sydney Water Section 73 Compliance Certificate

Prior to release of the linen plan/issue of the subdivision certificate, the Section 73 Sydney Water compliance certificate which refers to the subdivision application must be obtained and submitted to the Council.

Reason:        Statutory requirement.

76.   Requirements of public authorities for connection to services

Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority shall be satisfied that the applicant has complied with the requirements of any public authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, AGL, etc) in regard to the connection, relocation and/or adjustment of the services affected by the proposed subdivision. All costs related to the relocation, adjustment or support of services is the responsibility of the applicant.

Note:     Details of compliance with the requirements of any relevant public authorities are to be submitted to the Principal Certifying Authority.

Reason:         To ensure that services are available to the allotments of land.

77.   Infrastructure repair – subdivision works

Prior to issue of the Subdivision Certificate, any infrastructure within the road reserve along the frontage of the subject site or within close proximity, which has been damaged as a result of subdivision works, must be fully repaired to the satisfaction of Council’s Development Engineer and at no cost to Council.

Reason:         To protect public infrastructure.

78.   Provision of services

Prior to issue of the Subdivision Certificate, separate underground electricity, gas and phone or appropriate conduits for the same, must be provided to each allotment to the satisfaction of the utility provider. A suitably qualified and experienced engineer or surveyor is to provide certification that all new lots have ready underground access to the services of electricity, gas and phone. Alternatively, a letter from the relevant supply authorities stating the same may be submitted to satisfy this condition.

Reason:         Access to public utilities.

79.   Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied and a Final Certificate of Compliance has been issued by the Principal Certifying Authority. The Subdivision Certificate shall not be issued until the standard of asset to be dedicated to Council as part of the subdivision process is to Council’s satisfaction.

Reason:         To ensure that the development is completed prior to transfer of responsibility for the site and development to another person.

80.   Submission of 88b instrument

Prior to the issue of the Subdivision Certificate, the applicant must submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies to Council. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the burdens. The instrument is to include the following terms:

In accordance with Condition B9(2) of  MP06_0130, the plan of subdivision shall be accompanied by a written instrument burdening each lot being created as part of the subdivision with the Vegetation Management Plan, prepared by ERM, Report No. 0137046_VMP_Final, dated 8 December 2011. This written instrument shall detail the responsibility of each action by the owners of the new lots required by the VMP.

Reason:         To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.

81.   Submission of plans of subdivision

For endorsement of the subdivision certificate, the applicant shall submit an original plan of subdivision plus 6 copies, suitable for endorsement by Council. The following details must be submitted with the plan of subdivision and its copies:

a)     the endorsement fee current at the time of lodgement

b)     the 88B instrument plus 6 copies

c)     all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent

d)     The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

e)     proof that an easement benefiting lot 6 over properties fronting Winchester Avenue has been secured

f)      relevant Council approvals for the intended dedication’s to Council.

Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees. Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.

Reason:         Statutory requirement.

82.   General easement/R.O.W. provision and certification

Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.  Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required, then proof to this effect must be submitted to the Principal Certifying Authority.

Reason:         To ensure that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.

83.   Easement draining Lot 6

Prior to the issue of a Subdivision Certificate, documentary evidence shall be provided to Council that demonstrates than an easement to drain stormwater (benefiting Lot 6) has been obtained over properties facing Winchester Avenue, Lindfield. This easement shall be clearly documented on the plan of subdivision.

Reason:         Orderly development of land.

84.   Bus stop

Prior to the issue of the Subdivision Certificate, the existing bus stop shall be cleaned, painted (with the existing colours) and made good (with the repair of any visible damage). The Subdivision Certificate shall not be issued until the upgrade to the bus stop is to Council’s satisfaction.

Reason:       To ensure a high standard of public asset.

Conditions to be satisfied at all times:

85.   Encroachment over burdens

At all times for the life of the approved development, no part of any structure shall encroach over any easement and no loadings shall be imposed to utilities within any easement unless approved by the owner(s) appurtenant to the burden.

This development consent does not set aside or affect in any way the exercise of any rights-at-law which may be conferred upon any parties by the existence and/or terms of the grant of any easements or rights-of-carriageway on or over the subject lot(s). It is the applicant’s full responsibility to ensure that any rights-at-law are investigated and upheld. Council accepts no responsibility whatsoever, at any time, for any claim for any matter or thing arising from its approval to this application involving any encroachment or other influence upon any easement or right-of-carriageway. 

The applicant’s attention is directed to the rights of persons benefited by any easement or right-of-carriageway concerning the entry and breaking up of a structure approved by this consent. In the event that such a structure causes damage, blockage or other thing requiring maintenance to infrastructure within the easement or right-of-carriageway, or access is required to carry out maintenance, Council accepts no responsibility in this regard.

Reason:    To ensure compliance with the development consent.

CARRIED UNANIMOUSLY

174

7 Chase Avenue, Roseville Chase - Encroachment on Managed Land

File: S08422

Vide: GB.1

To respond to questions raised at the Council site inspection and for Council to consider its position in relation to existing encroachments on Crown Land under the care, control and management of Council adjacent to 7 Chase Avenue, Roseville Chase.

Resolved:

(Moved: Councillors Holland/Duncombe)

That Council write to the Minister of Planning and Infrastructure, as owner of the subject land, seeking written advice of his intention as regards the continued unauthorised use of the land, and advising that if his advice is not received within six weeks, Council will take such further action as may be appropriate in relation to the matter in accordance with Council’s obligations as manager and relevant policies.

CARRIED UNANIMOUSLY

175

T44/2011 - North Turramurra Recreation Area - Detailed Engineering Works - Slope C - Semi-Contiguous Pile Wall

File: S08942/2

Vide: GB.15

To consider the tenders received for T44/2011 Detailed Engineering Works Slope C Semi-Contiguous Pile Wall and seek to negotiate, expedite and undertake landfill drainage and slope stabilisation works as “emergency works” as per s55(3)(k) of the Local Government Act, 1993.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.     That Council decline to accept any of the tenders for contract T44/2011 Detailed Engineering Slope C - Semi-Contiguous Pile Wall.

B.     That Council enter into negotiations with the tenderers or any suitable contractor, whether or not the contractor was a tenderer, with a view to entering into a contract with a suitable contractor to carry out the works contemplated by the Request for Tenders for such contract with or without modification.

C.     That the reason for declining to invite fresh tenders for the Contract is that instability of the access track to the works contemplated by the contract has lately been increased by rain and that it is urgent that the works be undertaken before that track's condition becomes too unstable for necessary equipment to use it for access to the proposed works. The delay in a tender process will increase the risk that the track will become too unstable for the works to be done without major additional cost in stabilising the track.

D.     That the proposed contract be entered into by reason of the “emergency” exemption in s.55(3) (k) of the Local Government Act, 1993.

E.     That the General Manager be authorised to negotiate the terms of the contract contemplated above.

F.     That the Mayor and General Manager be delegated authority to execute all necessary documents on Council’s behalf in relation to the contracts.

G.     That the Seal of Council be affixed to all necessary documents.

H.     That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.

CARRIED UNANIMOUSLY

176

Marian Street Theatre, 2 Marian Street, Killara - Management Options

File: S08766

Vide: GB.3

The following members of the public addressed Council:

D Castle

M McCrae

D Newman

W Blaxland

For Council to consider management options following negotiations for a licence with Marian Street Theatre for Young People Inc. (MSTYP) for the premises located at
2 Marian Street, Killara, being Marian Street Theatre (the Premises).

Resolved:

(Moved: Councillors Malicki/Keays)

A.     That Council not accept the EOI and proposed alternative leasing arrangements as offered by Marian Street Theatre for Young People Inc to be the licensed Head User for the Marian Street Theatre.

B.     That Council’s Director Community, Economic Development Manager and relevant staff, in conjunction with MSTYP, conduct a review of alternative Management models for the Marian Street Theatre, ensuring the facility is accessible to the wider community and as financially viable as possible for Council.

C.     That a report come to Council recommending alternative Management models.

D.     That the recommended Management model and business plan support MSTYP at the Marian Street Theatre within a financially sustainable model.

E.     That Marian Street Theatre for Young People Inc enters a 12 month temporary licence agreement with Council, to include use of the downstairs area from July 2012 to hire the Marian Street Theatre at a rate of $6,000pa.

CARRIED UNANIMOUSLY

The above Resolution was subject to an Amendment which was LOST. The Lost Amendment was:

(Moved: Councillors Szatow/McDonald

A.     That Marian Street Theatre for Young People Inc (MSTYP) enters into a 5 year licence agreement with Council from 1 July 2012 to hire the Marian Street Theatre at the rate of $6,000 pa.

B.     That MSTYP have pre-eminent use of and manage, the upstairs theatre subject to maximum external use as arranged by them, with proceeds from external theatre hire going to Council, after expenses.

C.     Council to manage the hiring of the downstairs component of the building within the agreed time frames as currently set out in the EOI pages 5 and 6, Council’s Draft Licence Agreement, pages 3 to 6 and paragraph 6 of Attachment 2 (letter to General Manager - 24 May 2012).

D.     Council to pay all outgoings except electricity and telephone charges (as at present).

E.     Council to divide and secure the premises to permit use of the downstairs area and the upstairs toilets, separately from the upstairs theatre, backstage and administrative areas.

F.     The licence agreement containing these terms and conditions to be signed by the parties not later than 1 September 2012.

177

Delivery Program and Operational Plan 2012-2013 - Post Exhibition

File: FY00382/4

Vide: GB.11

The following member of the public addressed the Council:

G Inglis

For Council to adopt the revised Delivery Program and draft Operational Plan 2012-2013, incorporating the budget, capital works program and fees and charges for 2012/2013.

Resolved:

(Moved: Mayor, Councillor J Anderson/Councillor Malicki)

A.     That Council adopt the Delivery Program and draft Operational Plan 2012-2013, incorporating the Budget, Capital Works Program and Fees and Charges for 2012-2013.

B.     That an ordinary rate in the dollar of $0.00094362 on the unimproved capital value of all rateable land categorised as residential in the Council area be made for the period of 1 July 2012 to 30 June 2013.

C.     That an ordinary rate in the dollar of $0.00621143 on the unimproved capital value of all rateable land categorised as business in the Council area be made for the period of 1 July 2012 to 30 June 2013.

D.     That an environmental special rate in the dollar of $0.00010512 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a zero base amount, be made for the period of 1 July 2012 to 30 June 2013.

E.     That an infrastructure special rate in the dollar of $0.00046881 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $270 base amount for an infrastructure category, be made for the period of 1 July 2012 to 30 June 2013.

F.     That a new facilities special rate in the dollar of $0.00006636 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a zero base amount, be made for the period of 1 July 2012 to 30 June 2013.

G.     That the minimum rate for both residential and business be set at $458.00 for the period 1 July 2012 to 30 June 2013.

H.     That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 11% of total rates and charges in 2012/2013.

I.      That the charge for the Domestic Waste Management base service with green waste be set at $350.00 per residential property per annum excluding flats and home units.

J.     That the charge for Domestic Waste Management base service without green waste be set at $255.00 per annum.

K.     That the charge for Domestic Waste Management service be set at $310.00 per residential property per annum for flats and home units.

L.     That the charge for an additional green waste service be set at $120.00 per   container, per annum.

M.    That the charge for a 240 litre waste bin with green waste be set at $465.00 per annum, excluding flats and home units.

N.    That the charge for a 240 litre waste container without green waste be set at $370.00 per annum, excluding flats and home units.

O.     That the charge for a 240 litre waste container for flats and home units be set at $455.00 per annum.

P.     That the charge for the provision of an additional 120 litre waste bin, per bin, per annum be set at $145.00.

Q.     That the charge for Domestic Waste Management on vacant land be charged at $150.00 per annum, per residential property.

R.     That the annual waste management charge be set at $220.00 per business service provided or proposed to be provided.

S.     That the Stormwater Management Charge be set as follows:

- Strata / Company titled residential home units:     $12.50 per unit

- Strata / Company titled business units:                   $12.50 per unit

- Other residential property:                                       $25.00 per rateable property

- Business rateable property:                                     $25.00 per 350 square metres of Land area (a maximum charge of $1,500 applies to land area greater than 21,000 square metres).

T.     That Council acknowledge the formal submissions made on the Delivery Program and draft Operational Plan 2012-2013, and respond to the authors with the outcomes.

U.     The General Manager and Director Corporate be delegated to negotiate and establish Council’s new borrowings up to a maximum of $31.368M and the Common Seal be affixed to all required documents.

V.     That the Fees and Charges 2012/13 be amended to drop the twilight rate from $13.50 to $13.00 for the Gordon Golf Course.

For the Resolution:                 The Mayor, Councillor J Anderson, Councillors Duncombe, Holland, Keays, Malicki, McDonald and Szatow

Against the Resolution:           Councillors Hardwick and Hall

178

Proposed Reclassification of Council Land, St Ives

File: S09318

Vide: NM.1

The undermentioned members of the public addressed the Council:

P Moate

J Watts

C Berlioz

Notice of Motion from Councillor Rakesh Duncombe dated 15 June 2012

The draft Ku-ring-gai Local Environmental Plan (Local Centres) 2012 now has been given a gateway determination by the Department of Planning & Infrastructure and the draft plan is now on formal exhibition until 18 June 2012.  It is noted at this stage there are no proposed reclassification of Council-owned land in the Draft Plan.

On 8 May 2012, Council considered the Delivery Program and draft Operational Plan 2012-2013 incorporating the Budget and Capital Works Program.  The program includes a special loan proposed for the purchase of a Council new operational building of $23.8M.

Council is a strategic land holder within the St Ives precinct.  Reclassification of Council’s land (see map - Proposed Reclassification of Land in St Ives) from community to operational will assist in the first steps of Council both achieving its objectives under both the Delivery Program and draft Operational Plan 2012-2013 and attaining the significant public benefit which could arise from the inclusion of Council’s landholdings within the St Ives precinct within the planning and redevelopment process.

I therefore move:

"A.   That Council adopts the following sites for the purpose of reclassification from community to operational land status in an amendment to the Draft Ku-ring-gai Local Environmental Plan (Local Centres) 2012;

1.      Council Car Park - known as 176 Mona Vale Road, St Ives being Lot 103 DP627012 & Lot 105 DP629388.

2.      St Ives Village Green Parade and St Ives Library, Early Childhood Centre and Neighbourhood Centre St Ives Lot 201 in DP 1164994.

3.      Council’s Car Park known as 11-21 Cowan Road, St Ives being:

·       Lot 200 in DP 1164994,

·       Lot A in DP336206,

·       Lot B in DP336206,

·       Lot 1 DP504794,

·       Lot A DP321567,

4.      Occasional Child Care Centre - known as 261 Mona Vale Road, St Ives being Lot 31 DP719052."

Motion:

(Moved: Councillor Duncombe/Mayor, Councillor J Anderson)

That the above Notice of Motion as printed be adopted.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Duncombe and Holland

Against the Resolution:         Councillors Hardwick, Keays, Malicki, McDonald, Szatow and Hall

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

179

Council Car Park - Woodford Lane, Lindfield - Reclassification

File: CY00337/2

Vide: GB.9

To have Council consider the reclassification of Council Car Park – Woodford Lane, Lindfield to Operational land.

Resolved:

(Moved: Mayor, Councillor J Anderson/Councillor Holland)

A.     That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify Woodford Lane Car Park (1b Beaconsfield Parade & 19 Drovers Way), Lindfield - being Part Lot 1 DP929131 & Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 DP1099330 from Community land to Operational land either via an amendment the Ku-ring-gai Planning Scheme Ordinance (KPSO) or the draft Ku-ring-gai Local Centres LEP (2012)

B.     That Council undertake a public hearing under the provisions of the Local Government Act, 1993 for the proposed reclassification of Woodford Lane Car Park (1b Beaconsfield Parade & 19 Drovers Way), Lindfield from Community land to Operational land.

C.     That Council formally seek to discharge all interests for Woodford Lane Car Park (1b Beaconsfield Parade & 19 Drovers way), Lindfield - being Part Lot 1 DP929131 & Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 DP1099330.

D.     That the Planning Proposal by submitted to the Department of Planning and Infrastructure for a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979.

E.     That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements.

F.     That a report be brought back to Council at the end of the exhibition and public hearing processes.

G.     That a further report be brought back to Council regarding the arrangements with Transport for NSW for the delivery of a commuter car park at Woodford Lane, Lindfield.

For the Resolution:                 The Mayor, Councillor J Anderson, Councillors Duncombe, Holland, Keays, Malicki, McDonald and Szatow

Against the Resolution:           Councillors Hardwick and Hall

The above Resolution was subject to an Original Motion which was LOST. The Lost Motion was:

(Moved: Councillors Hall/McDonald

That Council note the approach made by the Department and that a further report be brought back to Council regarding the arrangements with Transport for NSW for the delivery of a commuter car park at Woodford Lane, Lindfield.

180

Lease to KOPWA Ltd - "Arrunga" Units - 259 to 261 Pacific Highway, Lindfield

File: S07470

Vide: GB.2

For Council to consider the granting of a lease to KOPWA Ltd (formerly Ku-ring-gai Old People's Welfare Association) for the premises located at 259–261 Pacific Highway, Lindfield, being the 14 Arrunga Aged Care Self Contained Units (the Premises).

Resolved:

(Moved: Mayor, Councillor JAnderson/Councillor Malicki)

A.     That a lease be granted to KOPWA Ltd for a period of five years with two options to renew for further five years each giving a total term of 15 years.

B.     That the lease be granted on the terms outlined in the report.

C.     That this approval is subject to the public notice provisions under section 47 of the Local Government Act 1993 and that Council advertise and publish the said public notice.

D.     That the Mayor and the General Manager be authorised to execute and sign all necessary documents.

E.     That the Council Seal be affixed to the lease agreements.

CARRIED UNANIMOUSLY by those present

The above Resolution was subject to an Original Motion which was LOST. The Lost Motion was:

(Moved: Councillors Hall/Hardwick

That the renewal of the lease stand deferred for consideration by the incoming Council.

181

Investment Report as at 31 May 2012

File: S05273

Vide: GB.4

To present to Council investment allocations and returns on investments for May 2012.

Resolved:

(Moved: Councillors Hall/McDonald)

A.    That the summary of investments and performance for May 2012 be received and noted.

B.    That the Certificate of the Responsible Accounting Officer be noted and the report adopted.

CARRIED UNANIMOUSLY

182

33 Marian Street, Killara - Torrens Title Subdivision of Heritage Item

File: DA0061/12

Vide: GB.6

To determine Development Application No DA0061/12 for the Torrens title subdivision of 33 Marian Street, Killara.

Resolved:

(Moved: Mayor, Councillor J Anderson/Councillor Malicki)

THAT Council, as the consent authority, refuse development consent to Development Application No. 0061/12 for Torrens title subdivision of an existing lot into two lots on land at 33 Marian Street Killara, for the following reasons:

1.     The development is contrary to the aims and objectives for residential zones as outlined in Schedule 9 of the Ku-ring-gai Planning Scheme Ordinance.

Particulars

i.       The proposal will not maintain or enhance the amenity and environmental character of the residential area.

ii.      The proposal will prevent the establishment of screening vegetation on the western side of the heritage item and is incompatible with the landscaped character of the area.

iii.     The proposed vehicular access arrangement for proposed lot 1 does not maintain or encourage replacement of tree cover to ensure the predominant landscape quality of the Ku-ring-gai Municipality is maintained and enhanced.

iv.     An insufficient proportion of proposed Lot 2 is available for soft landscaping as evidenced by the failure to comply with the development standard for built-upon area.

3.     The development does not comply with the development standard for built-upon area contained within cl.60C(2) of the Ku-ring-gai Planning Scheme Ordinance. A SEPP 1 objection to the development standard for built-upon area was not submitted with the development application.

Particulars

i.       The building footprint calculations on drawing No. SK02 fail to include the areas occupied by eaves overhangs and retaining walls.

ii.      Eaves overhangs are an integral part of a building and must be included as built-upon area.

iii.     Retaining walls are built structures and must be included as built-upon area.

iv.     The built-upon area for proposed Lot 2 is 63.77% which does not comply with the maximum built-upon area development standard of 60%.

4.     The development does not comply with the development standard for access corridor width contained within cl.58B(3)(b)(iii) of the Ku-ring-gai Planning Scheme Ordinance. The SEPP 1 objection to the development standard for access corridor width is not well founded because it is based on a misunderstanding of the meaning of the term ‘access corridor’.

Particulars

i.       The SEPP 1 objection states that the access corridor has a width of 4.14m, in truth, the access corridor has a width of 1m.

ii.      The wording of cl.58(3)(b)(iii) makes it clear that an access corridor must be part of the battleaxe allotment. An access corridor cannot be part of another allotment.

iii.     If an access corridor can be part of another allotment, the area of proposed lot 1 is 1,073.43m², which does not satisfy the minimum battleaxe allotment area standard of 1170m². A SEPP 1 objection to the development standard for the minimum area of a battleaxe allotment was not submitted with the application.

5.     The proposed development is contrary to the requirements of cl. 61D(2) of the Ku-ring-gai Planning Scheme Ordinance.

Particulars

i.       The proposed development will have a negative impact of the heritage significance of the heritage item.

6.     The proposed development is inconsistent with the requirements of DCP 38 – The Ku-ring-gai Residential Design Manual.

Particulars

i.       In contravention of the requirements of part 4.4, the proposed driveway would have an unacceptable impact on the visual and acoustic privacy of Cameron House.

ii.      In contravention of the requirements of part 4.5.5, the proposed access arrangements for the battleaxe allotment will have an unacceptable impact on the heritage values of Cameron House.

iii.     In contravention of the requirements of part 4.3.7, the proposal included excavation to a depth of 670mm within 2m of the side boundary. The proposal has an unacceptable impact on the ability of the site to sustain landscaping which maintains or enhances the character of the area.

7.     The proposed development is inconsistent with the requirements of DCP 40 – Construction and Demolition Waste Management

Particulars

i.       In contravention of the requirements in part 3.2 a waste management plan was not submitted with the application.

8.     The proposed development is inconsistent with the requirements of DCP 47 – Water Management

Particulars

i.       In contravention of the requirements in part 6.4, a rainwater tank has not been provided for the existing dwelling.

9.     The proposed development is inconsistent with the requirements of Draft LEP 218.

Particulars

i.       The proposed development will have an adverse impact on the heritage significance of the draft Marian Street Conservation Area.

CARRIED UNANIMOUSLY by those present

183

Ku-ring-gai Bicycle Plan

File: S02777

Vide: GB.10

To have Council consider the draft Ku-ring-gai Bicycle Plan for formal public exhibition.

Resolved:

(Moved: Councillors McDonald/Malicki)

That the following amendments be made to the draft Ku-ring-gai Bicycle Plan:

a.     Further detailed information be provided on the types of facilities/works that are covered by the range of estimated costs as outlined in section 7.1.

b.      Section 2.1.3 (Crash Data Review) to be further reviewed to incorporate more information on accident black spots and road safety considerations.

That the draft Ku-ring-gai Bicycle Plan be placed on formal public exhibition for a minimum of 28 days and then a report be brought back to Council at the conclusion of the exhibition period.

CARRIED UNANIMOUSLY

184

Open Space Reference Committee - Meeting held on 21 May 2012

File: S07618

Vide: GB.14

To advise Council of the notes from the Open Space Reference Committee Meeting held on 21 May 2012.

Resolved:

(Moved: Councillors Keays/Holland)

That the notes of the Open Space Reference Committee held on 21 May 2012 be received and noted.

CARRIED UNANIMOUSLY

185

No Hunting in our National Parks

File: S09069

Vide: BN.1

Councillor Tony Hall advised that he had received in the mail, details of a public rally being held at Wahroonga Park in our own area next Sunday - No Hunting in Our Parks, Our Parks and animals are not fair game.  Councillor Hall advised that we need to identify ourselves with this rally particularly as we have 3 major National Parks surrounding us and that we should ensure that there is no declaration for hunting in those particular Parks.

Resolved:

(Moved: Councillors Hall/Hardwick)

That this Council:

1.     View with concern the amendments to the Game and Feral Animal Control Act 2002 to permit hunting in NSW Parks.

2.     Support the Public Rally on Sunday, 1 July 2012 at 11am in Wahroonga Park to condemn hunting in our Parks.

3.     Call on the Premier and local member to ensure the responsible Minister makes no declaration of land areas in those Parks and Nature Reserves in and adjoining this Local Government Area permitting hunting in these metropolitan parks.

For the Resolution:                 The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Keays, Malicki, McDonald, Szatow and Hall

Against the Resolution:           Councillor Holland

186

House With No Steps Special Needs Team - Cowan Creek, St Ives

File: S03325

Vide: QN.1

Question Without Notice from Councillor Duncan McDonald

Could the Director Operations please confirm that the House With No Steps Special Needs Team that have been working for the Council along Cowan Creek, St Ives Bushland Maintenance Program will be cancelled in July 2012?

Will there be another program that Council is considering for the House with No Steps?

Answer by Director Operations

I have actually written to them today indicating that I will give them the 12 months extension to the program and there are conditions associated with that as well.

187

Return on Investments - Sporting Fields in Local Government Area

File: S02182

Vide: QN.2

Question Without Notice from Councillor Cheryl Szatow

What return is Council achieving for its investment dollar into sporting fields in the LGA?

What is the total input, in dollars, of Council into sporting fields in the LGA?

Answer by Director Operations

I will have to take that on notice and get back to Council.

Present:

Ku-ring-gai Council (Councillor Elise Keays, Chairperson)

Director Operations (Mr Greg Piconi)

Roads & Maritime Services (Ms Kathryn Hawkins)

Representing Police Local Area Command Kuring-gai

    (Snr Const Debbie Birmingham)

Representing Police Local Area Command North Shore (Sgt Glen Marks)

Representing Member for Davidson (Mr Robert Forster)

Staff Present:

Manager Traffic and Transport (Mr George Koolik)

Traffic Team Leader (Mr Deva Thevaraja)

Others Present:

Councillor Tony Hall

Resident – David Gentle (Item 2)

Apologies:

Representing Bicycle NSW (Mr Robert Chambers)

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/3

Meeting held 1 December 2011

Minutes numbered KTC17 to KTC19

Councillor Hall raised General Discussion Item 1, Eastern Arterial Road, St Ives.  He referred to concerns from residents expressed to him regarding implementation of the lane merge and the reported use by buses of the previous kerbside lane.  Director Operations undertook to raise the concern of buses reportedly using the parking lane for driving on, with the bus operator involved.

The Committee Recommends:

That Minutes numbered KTC17 to KTC19 were received and confirmed as an accurate record of the proceedings of the meeting.

KTC01

General Matter Items Under Delegated Authority

File: S02738

Vide: GB.1

Advice on matters considered under Delegated Authority.

The Committee Recommends:

That the information regarding traffic facilities approved during November 2011 to April 2012 be noted.

KTC02

Yarrabung Road, St Ives

File: TM9/04

Vide: GB.2

To consider a request for traffic calming in Yarrabung Road, between Killeaton Street and Stanley Street, St Ives.

The Committee’s Comments:

Resident, David Gentle, addressed the Committee with a submission which argues for traffic management in Yarrabung Road.  He noted that there are seven schools in the area and that there are 4,500 vehicles daily in Yarrabung Road.  He expressed concerns with measured vehicles speeds, the fact that Yarrabung Road is used as a connecting road, and the number of pedestrians using the street.  He also expressed concern with the future impact of the current development at 132-138 Killeaton Street.  He discussed the score under Council’s criteria, and suggested specific treatments and how they might be funded from the nearby development.  He suggested a half-road closure in Yarrabung Road at Killeaton Street and signals at Mona Vale Road at Killeaton Street be considered.

Director Operations discussed Council’s criteria and the basis of allocating scores for individual sites.  He suggested that traffic conditions in Yarrabung Road be reviewed after the development is completed and occupied.

Councillor Hall reminded the Committee that Yarrabung Road is used by residents east of Mona Vale Road and by school traffic from Masada College and Corpus Christi School.

The Representatives of the Roads & Maritime Services and the Police agreed with the low priority of Yarrabung Road for treatment under Council’s criteria, particularly in view of the relatively low number of recorded collisions.

The Committee noted that a closure of Yarrabung Road as suggested would impact on numerous residents and that closures are not normally supported by Council.  It agreed with the Chairperson’s suggestion that a VMS visual display unit might be helpful in making drivers aware of their speeds.

The Representative of Roads & Maritime Services (RMS) informed the Committee that signals on Mona Vale Road at Killeaton Street are unlikely to be approved because of their proximity to existing signals at Link Road and the impact such signals would have on traffic congestion on Mona Vale Road .

The Representative of Member for Davidson informed the Committee that the Member agrees with the recommendation.

The Committee Recommends:

A.     That resident concerns with traffic conditions, data obtained regarding those conditions and the low ranking of Yarrabung Road under Council’s traffic management criteria, be noted.

B.     That in view of the low ranking of Yarrabung Road, between Killeaton Street and Stanley Street, under Council’s priority ranking system, that no traffic management or road closure be undertaken nor supported.

C.     That the ranking of Yarrabung Road be monitored in future reviews of Council’s
10 Year Traffic and Transport Plan.

D.     That the Roads & Maritime Services be requested to consider the residents’ request for improved access onto Mona Vale Road from Killeaton Street.

E.     That the two residents who have been in contact with Council regarding their concerns with Yarrabung Road and Masada College, be informed of Council’s decision.

Ordinary Meeting of Council - 17 July 2012

GB.1 / 60

Item GB.1

S02355

3 July 2012

purpose of report:

To propose an amendment to Council’s adopted meeting cycle for 2012 to cancel the proposed Ordinary Meeting of Council scheduled to be held on Tuesday, 11 September 2012.

background:

Council adopted a meeting cycle for 2012 at the Ordinary Meeting of Council held on the 8 November 2011. In the meeting cycle it was adopted to hold an Ordinary Meeting of Council on Tuesday, 11 September 2012.

comments:

Due to the Local Government Elections being held on Saturday, 8 September 2012 it is recommended to cancel the Ordinary Meeting of Council scheduled to be held on Tuesday, 11 September 2012.

recommendation:

That the Ordinary Meeting of Council scheduled to be held on Tuesday, 11 September 2012 be cancelled and that public notice of the cancellation be placed on Council’s website.

Recommendation:

That the Ordinary Meeting of Council scheduled to be held on Tuesday, 11 September 2012 be cancelled and that public notice of the cancellation be placed on Council’s website.

Matt Ryan

Manager Records & Governance

Rocky Naickar

Director Corporate

Ordinary Meeting of Council - 17 July 2012

GB.2 / 63

Item GB.2

CY00210/4

22 June 2012

purpose of report:

To consider an invitation from the Local Government and Shires Association (LGSA) to submit motions to the 2012 Local Government Association (LGA) Conference.

background:

The Local Government and Shires Associations are the peak industry bodies for Local Government in NSW. The LGA Conference is held annually. This year, the 2012 LGA conference is being held in Dubbo between the 28 and
30 October 2012. Over 600 delegates from member councils, as well as representatives of county councils and associate member councils, meet to discuss and set policy for the coming year.

comments:

The LGSA has advised that motions for the conference are now ready to be received. Motions before the conference shall be classified into two categories by the Executive Committee, prior to the conference as follows:

Category 1: motions must seek to establish a new policy or position or amend existing policy and it must be of regional, state or national significance.

Category 2: motions are motions which are already covered by existing policy or subject to ongoing lobbying and/or representation. Category 2 motions will be dealt with by the Executive and not by the Conference.

recommendation:

That Councillors consider whether they propose to submit any motions to the conference and supply those to the General Manager by Tuesday, 31 July 2012 who will then provide a further report to Council on Tuesday, 14 August 2012.

Recommendation:

That Councillors consider whether they propose to submit any motions to the conference and supply those to the General Manager by Tuesday, 31 July 2012 who will then provide a further report to Council on Tuesday, 14 August 2012.

Matt Ryan

Manager Records & Governance

Rocky Naickar

Director Corporate

Attachments:

A1View

Call for Local Government Association conference motions 2012

2012/153364

APPENDIX No: 1 - Call for Local Government Association conference motions 2012

Item No: GB.2

Ordinary Meeting of Council - 17 July 2012

GB.3 / 70

Item GB.3

S03662

9 July 2012

purpose of report:

To give consideration to setting the date for the 2012/2013 election of the Mayor and Deputy Mayor.

background:

Section 290 of the Local Government Act 1993 provides that the election of the Mayor by the Councillors is to be held within three (3) weeks after the ordinary election.

Section 231 of the Act empowers the Council to elect a Deputy Mayor.

comments:

Traditionally, Council has held the Mayoral election early in September.

recommendation:

That the 2012/2013 election of Mayor and Deputy Mayor be held at the Ordinary Meeting of Council on Tuesday, 18 September 2012 and that Council consider which Reference and Advisory Committees they wish to hold during the term at the Ordinary Meeting of Council to be held on Tuesday, 9 October 2012 and that the 2012/2013 election of Chairpersons and Deputy Chairpersons of Council’s Reference and Advisory Committees, be held at the Ordinary Meeting of Council to be held on Tuesday, 23 October 2012 and that Council consider the appointment of various Community Committee members/delegates to Council’s Reference and Advisory Committees at the Ordinary Meeting of Council to be held on Tuesday, 23 October 2012.

Recommendation:

A.       That the 2012/2013 election of Mayor and Deputy Mayor be held at the Ordinary Meeting of Council on Tuesday, 18 September 2012.

B.       That Council consider which Reference and Advisory Committees they wish to hold during the term at the Ordinary Meeting of Council to be held on Tuesday, 9 October 2012.

C.       That the 2012/2013 election of Chairpersons and Deputy Chairpersons of Council’s Reference and Advisory Committees, be held at the Ordinary Meeting of Council to be held on Tuesday, 23 October 2012.

D.       That Council consider the appointment of various Community Committee members/delegates to Council’s Reference and Advisory Committees at the Ordinary Meeting of Council to be held on Tuesday, 23 October 2012.

Matt Ryan

Manager Records & Governance

Rocky Naickar

Director Corporate

Ordinary Meeting of Council - 17 July 2012

GB.4 / 74

Item GB.4

S08820

6 July 2012

purpose of report:

To advise Councillors of a Division of Local Government (DLG) Circular regarding use of Council resources and electoral material in relation to the upcoming 2012 local government elections.

background:

With the upcoming local government elections in September 2012 the DLG has provided a reminder of the obligations of council officials in relation to the use of council resources and the potential for council publications to be considered ‘electoral material’.

comments:

To ensure transparency, accountability and community confidence in councils during the local government elections it is important that council officials observe their obligations in relation to the use of council resources.

recommendation:

That the advice from the Division of Local Government on the use of Council resources and electoral material be received and noted.

Recommendation:

That the advice from the Division of Local Government on the use of Council resources and electoral material be received and noted.

Matt Ryan

Manager Records & Governance

Rocky Naickar

Director Corporate

Attachments:

A1View

Circular to Councils 12 / 20 - September 2012 Local Government Elections - Use of Council Resources and Electoral Material

2012/166698

APPENDIX No: 1 - Circular to Councils 12 / 20 - September 2012 Local Government Elections - Use of Council Resources and Electoral Material

Item No: GB.4

Ordinary Meeting of Council - 17 July 2012

GB.5 / 79

Item GB.5

S02531

23 March 2012

purpose of report:

For Council to consider granting a ten (10) year lease to Playgroup NSW Incorporated (Pymble Playgroup) for the premises located at 57 Merrivale Road, Pymble (the Premises).

background:

Pymble Playgroup has been in continuous occupation since 1973 and is keen to renew its lease for another ten (10) years. The current lease has expired and the playgroup is holding over on the provisions of the former lease.

comments:

Pymble Playgroup would like to formalise its continued usage by entering into a new ten (10) year lease. The information provided to Council by Pymble Playgroup shows their compliance with Council’s requirements to lease.

Pymble Playgroup has also shown that it is able to undertake its obligations to Council under the terms of the proposed lease, ensuring the long term provision of this valuable service to the community of Ku-ring-gai Local Government Area.

recommendation:

That Council grant to Playgroup NSW Incorporated a ten (10) year lease of the premises located at 57 Merrivale Road, Pymble and that the Mayor and General Manager sign the documentation and affix the Common Seal to the lease documents.

Recommendation:

A.       That a lease be granted to Playgroup NSW Incorporated (Pymble Playgroup) for 57 Merrivale Road, Pymble for a period of ten (10) years.

B.       That the lease be granted on the terms outlined in this report.

C.       That Council grant Playgroup NSW Incorporated a concessional waiver of the payment of the legal fees of $1,500 (plus GST)

D.       That the granting of the leases are subject to the public notice provisions under section 47 of the Local Government Act 1993 and that Council advertise and publish the said public notices.

E.       That the Mayor and the General Manager be authorised to execute and sign all necessary documents.

F.       That the Council Seal be affixed to the lease agreement.

Guy McDonald

Leasing and Contracts Officer

Mark Taylor

Manager Community & Recreation Services

Janice Bevan

Director Community

Attachments:

A1View

Offer to Lease and three attachments

2012/074546

A2

Corporeal Valuation dated 26 July 2011

Confidential

APPENDIX No: 1 - Offer to Lease and three attachments

Item No: GB.5

Ordinary Meeting of Council - 17 July 2012

GB.6 / 95

Item GB.6

S07621

20 June 2012

purpose of report:

To advise Council of the minutes of the Community Reference Committee meeting held on 2 May 2012.

background:

The Community Reference Committee was established to provide a forum for interested residents and people with specialist knowledge to play an active role in the formulation of Community Department policies and programs.

comments:

The main focus of the committee meeting was to obtain feedback from committee members about a number of Community Department initiatives.

recommendation:

That Council receive and note the Community Reference Committee meeting minutes from 2 May 2012.

Recommendation:

That Council receive and note the Community Reference Committee meeting minutes of 2 May 2012.

Danny Houseas

Manager Community

Janice Bevan

Director Community

Attachments:

A1View

Minutes of Meeting held 2 May 2012

2012/158069

APPENDIX No: 1 - Minutes of Meeting held 2 May 2012

Item No: GB.6

Ordinary Meeting of Council - 17 July 2012

GB.7 / 105

Item GB.7

FY00275/4

25 June 2012

purpose of report:

To advise Council of a sponsorship request from the Combined Churches to present Carols in the Park.

background:

Council has supported Carols in the Park, a Christmas event held in Bicentennial Park, for over 20 years. Approximately 3,000 people attended the event last year.

comments:

The Combined Churches has requested $16,000 for sponsorship for Carols in the Park, on Saturday 8 December 2012 at Bicentennial Park, West Pymble. This is $1,000 more than the sponsorship provided in 2011 and 2010. Prior to this, Council has sponsored the event for $10,000 each year.

recommendation:

That Council determine whether to sponsor Carols in the Park for 2012, and should Council agree to sponsor Carols in the Park, Council also determine the amount for sponsorship.

Recommendation:

A.       That Council determine whether to sponsor Carols in the Park for 2012

B.       That, should Council support Recommendation A, that Council determine the amount for sponsorship for Carols in the Park 2012.  Options include:

$10,000 – the same as prior to 2010

$15,000 – the same as 2010 and 2011

$16,000 – the requested amount  for 2012

Tiffiny Kellar

Manager Communications

Janice Bevan

Director Community

Attachments:

A1View

Carols in the Park request for sponsorship

2012/140707

APPENDIX No: 1 - Carols in the Park request for sponsorship

Item No: GB.7

Ordinary Meeting of Council - 17 July 2012

GB.8 / 113

Item GB.8

DA0626/11

19 January 2012

Report title:

31 - 33 Millewa Avenue & 24 Neringah Avenue North Wahroonga - Demolition of existing structures, consolidation of allotments and construction of a residential flat development for 53 dwellings, including basement car park and landscaping.

ITEM/AGENDA NO:

GB.8

Application No:

DA0626/11

Property Details:

31 – 33 Millewa Avenue & 24 Neringah Avenue North Wahroonga

Lot & DP No:      Lot 1 DP 726100; Lot 80 DP 2666; Lot 90B DP 339613

Site area (m²):   3064m²

Zoning: 2(d3) – KPSO  

Ward:

Wahroonga

Proposal/Purpose:

Demolition of existing structures, consolidation of allotments and construction of a residential flat development for 53 dwellings, including basement car park and landscaping.

Type of Consent:

Local

Applicant:

Mackenzie Architects

Owner:

John Foster, Michelle Ritchie, Anne Knight, Diana Connelly, Shirley Read, Margaret Davidson

Date Lodged:

25 November 2011

Recommendation:

Approval.