Agenda of Ordinary Meeting of Council

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 14 August 2012

Present:

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

Councillors S Holland & E Malicki (Comenarra Ward)

Councillor C Szatow (Gordon Ward)

Councillor R Duncombe (Roseville Ward)

Councillors T Hall & C Hardwick (St Ives Ward)

Councillors I Cross & D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (Rocky Naickar)

Acting Director Development & Regulation (Corrie Swanepoel)

Director Operations (Greg Piconi)

Acting Director Strategy & Environment (Antony Fabbro)

Director Community (Janice Bevan)

Manager Records & Governance (Matt Ryan)

Governance Officer (Christie Spry)

Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7.03pm

The Mayor offered the Prayer

230

Apologies

File: S02194

Councillor Elise Keays tendered an apology for non-attendance [family reasons] and requested leave of absence.

NOTE: The Director Development and Regulations, Michael Miocic and Director Strategy and Environment, Andrew Watson tendered apologies for non-attendance.

Resolved:

(Moved: Councillors Szatow/Duncombe)

That the apologies from Councillor Elise Keays be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

Councillor Duncan McDonald declared (at a later stage during the meeting while debating NM1) and advised that as his son works for the firm of Lawyers that provided the legal advice for NM.1 - 2-10 Bent Street, Lindfield - Release Confidential Report, it is his understanding that there is no Conflict of Interest regarding this item and there is no need for him to leave during debate.

231

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499

Resolved:

(Moved: Councillor Malicki/Mayor, Councillor Anderson)

A. 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 report regarding C.1 Royal Bank of Scotland Principal Protected Constant Proportion Debt Obligation (PP CPDO) and Attachment 1 - Legal Advice.

B. That Attachment 2 being Financial Analysis CPDO Principal Protect to the confidential report be released to the public.

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

Against the Resolution: Councillor Malicki

Address the Council

The following member of the public addressed Council on an item not on the Agenda:

C Pillay

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:

Late Items:	Minutes of Extraordinary Meeting of Council - Meeting held 31 July 2012 - Notation on Late Items document cover - With reference to the Minutes within Business Paper Book No 13/12, it be noted that the Director Operations and Director Community did not attend the Extraordinary Meeting of Council. Refer GB.7 - Delivery Program and Operational Plan - 6th Monthly Update - Memorandum from Manager Integrated Planning, Property and Assets dated 7 August 2012 with attachment to report.
e-Mail Memorandum:	Report Withdrawn: Refer GB.3 - 1-3 Corona Avenue Roseville - Demolition of two Dwellings and Construction of two Residential Flat Buildings, Basement Car Parking and associated Landscaping - E-mail to Councillors and Directors ONLY by the Manager Development Assessment Services who is Acting Director Development & Regulation whilst the Director is on leave, advised that the application had been withdrawn by the applicant on Friday, 10 August 2012.
Memorandums:	Refer GB.4 - 5 - 15 Boundary Street, Roseville - Demolition of existing Dwellings and Construction of two Residential Flat Buildings containing 53 Units, Basement Parking, Landscaping and associated Works - Memorandum by Acting Director Development & Regulation dated 14 August 2012 advising Councillors of 2 typographical errors in the report & to address a late submission received from an adjoining property owner. Refer GB.5 – Heritage Reference Committee - Notes of Meeting held 5 March 2012 – Memorandum by Acting Director Planning & Environment dated 14 August 2012 advising Councillors of additional information to the Officer's recommendation. 43-51 Lindfield Avenue, Lindfield -Memorandum by Council's Corporate Lawyer dated 14 August 2012 regarding a letter received from Dimarco Lawyers dated 14 August 2012 in relation to their client, WZRM Pty Ltd comments about the accuracy of the Minutes of Extraordinary Meeting of Council held 31 July 2012 especially the mover and seconder of No 41 in the Minutes.
Councillors Information:	Use of Council's Mace - Question Without Notice by Councillor Elaine Malicki - Memorandum by General Manager dated 8 August 2012 in answer to a Question Without Notice raised by Councillor Elaine Malicki at the Ordinary Meeting of Council held on 17 July 2012.
Confidential Late Agenda Attachment	2-10 Bent Street, Lindfield - Confidential Memorandum to Councillors ONLY by Council's Corporate Lawyer dated 14 August 2012 regarding legal advice.

CONFIRMATION OF MINUTEs

232

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 24 July 2012

Minutes numbered 216 to 229

Resolved:

(Moved: Councillors Hall/Hardwick)

That Minutes numbered 216 to 229 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

233

Minutes of Extraordinary Meeting of Council

File: S02131

Meeting held 31 July 2012

Minute numbered EMC1

Resolved:

(Moved: Councillors Malicki/McDonald)

A. That Minute numbered EMC1 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

B. That it be noted that the Director Operations and Director Community did not attend the Extraordinary Meeting of Council.

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

Against the Resolution: Councillor Hall

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

(Moved: Councillors Hall/Duncombe)

That the Minutes be deferred for investigation into the item No 10 in the legal letter we received from Dimarco Lawyers, which says ...."Contrary to draft Minutes of the Council Meeting (as contained in the Agenda for the Meeting to be held this evening 14 August 2012) there is doubt as to whether Councillors Malicki and McDonald moved and seconded the variations to the Draft LEP insofar as it affects the above properties"...at Lindfield.

Recommendations from Committee

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/4

Vide: RC.1

NOTE: As the Minutes of the Ku-ring-gai Traffic Committee were not included with the hardcopy Business Papers Book No 13/12, the Mayor deferred the Minutes to the next Ordinary Meeting of Council to be held on 28 August 2012.

GENERAL BUSINESS

234

5 - 15 Boundary Street, Roseville - Demolition of existing Dwellings and Construction of two Residential Flat Buildings containing 53 Units, Basement Parking, Landscaping and associated Works

File: DA0053/12

Vide: GB.4

To determine Development Application DA0053/12 for demolition of existing dwellings and construction of 2 residential flat buildings containing 53 units, basement parking, landscaping and associated works.

Resolved:

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

That consideration of the demolition of existing dwellings and construction of
2 residential flat buildings containing 53 units, basement parking, landscaping and associated works at 5-15 Boundary Street, Roseville be deferred pending a site inspection.

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

Against the Resolution: Councillor Holland

235

Roads and Maritime Services Program Funding 2012 to 2013

File: S02585

Vide: GB.8

To advise Council of the Roads and Maritime Services (formerly RTA) funding program for 2012/2013 and adopt the various grants as provided by the Roads and Maritime Services.

Resolved:

(Moved: Councillors Szatow/Holland)

A. That Council accepts the grant offer of $150,000 for the Regional Roads Upgrade Program.

B. That Council accepts the Roads component of $223,000 and the Supplementary Road Component of $82,000 of the Regional Roads Block Grant for 2012/13.

C. That Council not accept the Traffic Facilities component of the Regional Road Block Grant for 2012/2013 and continues to use RMS resources to carry out traffic facilities.

CARRIED UNANIMOUSLY

Standing Orders were suspended to deal with items

where there are speakers first after a

Motion moved by Councillors Hall and Cross

was CARRIED UNANIMOUSLY

236

8A Wattle Street , Killara - Supplementary Report

File: DA0047/12

Vide: GB.2

The following members of the public addressed Council:

V Kuo

F Ringrose

T Bainbridge

To report on the site inspection of 28 July 2012 and for Council to determine Development Application DA0047/12 proposing alterations, additions and a new swimming pool.

Resolved:

(Moved: Councillors Szatow/Duncombe)

That pursuant to Section 80(1) of the Environmental Planning and Assessment Act 1979, Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to Clause 60(C) Built-upon Area of the Ku-ring-gai Planning Scheme Ordinance is well founded. Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case.

AND

THAT Council, as the consent authority, grant development consent to DA0047/12 for alterations and additions to the existing dwelling and construction of a new swimming pool on land at 8A Wattle Street, Killara for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

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

Plan no.	Drawn by	Dated
DA-000, DA-02, DA-003, DA-100, DA-101, DA-110, DA-500, DA-501, DA-502, DA-900, DA-901, DA-902, DA-903, DA-904, DA-905, DA-910 issue C	WMK Architecture	16/04/2012
Landscape plan 111209-01 issue C	Viridian Designs	18/04/2012

Document(s)	Dated
Basix certificate No.A128936-02	20/02/2012

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. Approved landscape plans

Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no.	Drawn by	Dated
111209-01 issue C	Viridian Designs	18/04/12

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

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

4. 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.

5. 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.

6. Notification of builder’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 owner/builder intending to carry out the approved works.

Reason: Statutory requirement.

7. Sediment controls

Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.

The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.

Reason: To preserve and enhance the natural environment.

8. 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.

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

9. Amendments to approved landscape plan

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:

Plan no.	Drawn by	Dated
111209-01 issue C	Viridian Designs	18/04/12

The above landscape plan(s) shall be amended in the following ways:

(a) The x Cupressocyparis leylandii (Leyland Cypress) are to be replaced with more suitable species, such as, Lilly Pilly or Viburnum, Murraya or Spartan Juniper.

(b) In order to ensure the provision of a canopy tree, the Brachychiton acerifolius (Flame tree) shall be replaced with a canopy tree from the Blue Gum High or Sydney Turpentine Ironbark Forest. The tree shall be a species that will attain 13.0 metres in height on the site and shall be planted a minimum distance of 3.5 metres from the dwelling.

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

10. 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.

11. Builder’s indemnity insurance

The applicant, builder, developer or person who does the work on this development, must arrange builder’s indemnity insurance and submit the certificate of insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Certifying Authority for endorsement of the plans accompanying the Construction Certificate.

It is the responsibility of the applicant, builder or developer to arrange the builder's indemnity insurance for residential building work over the value of $20,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $20,000, nor to work undertaken by persons holding an owner/builder's permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).

Reason: Statutory requirement.

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

12. 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.

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

13. 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.

14. 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 (ie) 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 RTA 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.

15. 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.

16. 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 comply 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.

17. 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.

18. 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.

19. Use of road or footpath

During excavation, demolition and construction phases, no building materials, plant or the like are to be stored on the road or footpath without written approval being obtained from Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.

Reason: To ensure safety and amenity of the area.

20. 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.

21. 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.

22. 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.

23. Recycling of building material (general)

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.

24. 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.

25. 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.

26. Erosion control

Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifying Authority and Council officers.

Reason: To protect the environment from erosion and sedimentation.

27. Drainage to existing system

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the existing site drainage system. The installation of new drainage components must be completed by a licensed contractor in accordance with AS3500.3 (Plumbing Code) and the BCA. No stormwater runoff is to be placed into the Sydney Water sewer system. If an illegal sewer connection is found during construction, the drainage system must be rectified to the satisfaction of Council and Sydney Water.

Reason: To protect the environment.

28. 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.

29. 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.

30. 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.

31. 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.

32. Asbestos removal

A person taking down or demolishing or causing to be taken down or demolished any building or part thereof shall, upon identifying or suspecting that asbestos is present in the building, immediately notify the Workcover Authority. The Authority is the controlling body for the safe removal, handling and disposal of asbestos. The Authority supervises and monitors contractors engaged in asbestos removal.

The requirements and standards imposed by the Authority, its consultants or contractors shall be complied with.

Reason: To ensure asbestos is removed in a safe manner.

Conditions to be satisfied prior to the issue of an Occupation Certificate:

33. Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No.A128936-02 have been complied with.

Reason: Statutory requirement.

34. Completion of landscape works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works 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.

35. Certification of drainage works (alterations/additions)

Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:

· the components of the new drainage system have been installed by a licensed contractor in accordance with the National Plumbing and Drainage Code AS3500.3 (2003) and the Building Code of Australia

· the stormwater drainage works have been completed in accordance with the approved Construction Certificate drainage plans, the nominated BASIX commitments and Ku-ring-gai Water Management DCP 47

Note: Evidence from the plumbing contractor or a qualified civil/hydraulic engineer confirming compliance with this control is to be provided to Council prior to the issue of an Occupation Certificate.

Reason: To protect the environment.

36. Infrastructure repair

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.

Reason: To protect public infrastructure.

37. Swimming pool (part 1)

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that:

C1 1. Access to the pool/spa shall be restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act, 1992:

(a) The pool shall not be filled with water or be allowed to collect stormwater until the child resistant barrier is installed; and

(b) The barrier is to conform to the requirements of AS 1926-1 2007 Fences and Gates for Private Swimming Pools.

Reason: To ensure the safety of children.

2. Any mechanical equipment associated with the swimming pool and/or spa pool shall be located in a sound-attenuating enclosure and positioned so that it is setback a minimum of 2m from the boundary of any adjoining premises. The Principal Certifying Authority shall be satisfied that the sound levels associated with the swimming pool/spa filtration system and associated mechanical equipment do not exceed 5dB(A) above the background noise level at the boundaries of the site.

Reason: To protect the amenity of surrounding properties.

38. Pool overflow to sewer

Prior to issue of the Occupation Certificate a high level overflow pipe is to be provided from the back of the skimmer box to the filter backwash line discharging to the sewer. This line must not directly vent the receiving Sydney Water sewer. This requirement is to collect stormwater overflow from the swimming pool surface only. A certificate from the installer, indicating compliance with this condition, must be submitted to the Principal Certifying Authority prior to issue of the Occupation Certificate.

Reason: To provide satisfactory drainage.

Conditions to be satisfied at all times:

39. Swimming pool (part 2)

At all times:

1. Access to the swimming pool must be restricted by fencing or other measures as required by the Swimming Pools Act 1992.

2. Noise levels associated with spa/pool pumping units shall not exceed 5dB(A) at the boundaries of the site.

3. Devices or structures used for heating swimming pool water must not be placed where they are visible from a public place.

4. For the purpose of health and amenity, the disposal of backwash and/or the emptying of a swimming pool into a reserve, watercourse, easement or storm water drainage system is prohibited. These waters are to discharge via a permanent drainage line into Sydney Water's sewer in accordance with Australian Standard AS3500.2 section 10.9. Permission is to be obtained from Sydney Water prior to the emptying of any pool to the sewer.

5. Lighting from the swimming pool and other communal facilities shall not detrimentally impact the amenity of other premises and adjacent dwellings.

Reason: Health and amenity.

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

Against the Resolution: Councillor Hall

Motions of which due Notice has been given

237	2-10 Bent Street, Lindfield - Release Confidential Report File: S04601 Vide: NM.1
	The following members of the public addressed Council: C Pillay T Irving S Irving
	Notice of Motion from Councillor Hall dated 6 August 2012 As Council adopted on 31 July 2012 (Minute No EMC1/12) the open space zoning of 2-10 Bent Street, Lindfield and in view of that decision being taken at Council's Ordinary Meeting of 13 December 2011 (Minute No 439/11) -Open Space Acquisition -Lindfield) in confidential, without debate. I move: "That, as Council has formally determined the zoning of Nos.2-10 Bent Street, Lindfield for RE1 (open space) at its Extraordinary Meeting of 31 July 2012, the earlier confidential staff report to acquire Nos. 2-10 Bent Street, Lindfield for such purpose as adopted by Council on 13 December 2011, with the exception of table 8, page 8, be released from Confidential, for press and public forthwith, in the public interest."
	Resolved: (Moved: Councillor Malicki/Mayor, Councillor J Anderson) That Council defer the matter to later on in the meeting to allow staff time to answer Councillor Hall's question. For the Resolution: The Mayor, Councillor J Anderson, Councillors Hardwick, Holland, Malicki, McDonald, Szatow and Cross Against the Resolution: Councillors Duncombe and Hall

GENERAL BUSINESS (cont)

238

Call for Motions - Local Government Association Conference 2012

File: CY00210/4

Vide: GB.1

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

Resolved:

(Moved: Councillors Malicki/Holland)

That the following motions be submitted to the 2012 Local Government Association Conference by the General Manager prior to the deadline of Wednesday, 15 August 2012:

· “Ku-ring-gai Council calls on the NSW Government, both directly and by a motion to the Local Government and Shires Association, to implement Clean Neighbourhood and Environment legislation changes similar to the provisions of the 2005 UK Act, to maintain/strengthen tidiness in local shopping precincts to provide a cleaner, safer and greener local environment”.

· “Ku-ring-gai Council is concerned with the visual clutter created by overhead power lines and other communication network cables and is seeking to have all utilities underground to help improve the visual amenity of the area. With the rollout and installation of the National Broadband Network (NBN) across Australia, Ku-ring-gai Council seeks support and lobbying from the LGSA and all other Councils to push for the undergrounding of NBN cables and household connections. This will hopefully be seen as a precedence for the relocation of power lines and communications to be underground”.

CARRIED UNANIMOUSLY

239

Heritage Reference Committee - Notes of Meeting held 5 March 2012

File: S07620

Vide: GB.5

To have Council consider the notes of the Heritage Reference Committee (HRC) Meeting held on 5 March 2012.

Resolved:

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

A. That Council receive and note the Heritage Reference Committee meeting notes and attachments of 5 March 2012.

B. If a future Development Application is approved for 7 McRae Place, North Turramurra, that Council grant $2,500 for physical works which comply with the requirements of the former Heritage Assistance Fund.

CARRIED UNANIMOUSLY

240

Sustainability Reference Committee-Notes of Meeting held 2 July 2012

File: S07619

Vide: GB.6

To bring to the attention of Council the proceedings of the Sustainability Reference Committee (SRC) Meeting held on Monday, 2 July 2012.

Resolved:

(Moved: Councillors Holland/Szatow)

That the notes and attachments of the Sustainability Reference Committee Meeting held on Monday, 2 July 2012 be received and noted.

CARRIED UNANIMOUSLY

241	Delivery Program and Operational Plan - 6th monthly update File: FY00382/3 Vide: GB.7
	To report to Council the progress over the period January to June 2012, against the 2011-2012 Operational Plan.
	During Debate on this Item, Councillor Hall was called to Order for the third time. The Mayor ruled that Councillor Hall had committed an Act of Disorder The Mayor put the Motion for Act of Disorder to the vote: For the Motion: The Mayor, Councillor J Anderson, Councillors Hardwick, Holland, Malicki, McDonald, Szatow and Cross Against the Motion: Councillors Duncombe and Hall Councillor Hall departed during debate based on the voting of the Act of Disorder as stated above
	Resolved: (Moved: Councillors Malicki/Szatow) That the report on the progress of the key performance indicators and actions contained in the 2011- 2012 Operational Plan for January – June 2012 be received and noted. CARRIED UNANIMOUSLY by those present

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN (cont)

242

2-10 Bent Street, Lindfield - Release Confidential Report

File: S04601

Vide: NM.1

Notice of Motion from Councillor Hall dated 6 August 2012

As Council adopted on 31 July 2012 (Minute No EMC1/12) the open space zoning of
2-10 Bent Street, Lindfield and in view of that decision being taken at Council's Ordinary Meeting of 13 December 2011 (Minute No 439/11) -Open Space Acquisition -Lindfield) in confidential, without debate.

I move:

"That, as Council has formally determined the zoning of Nos.2-10 Bent Street, Lindfield for RE1 (open space) at its Extraordinary Meeting of 31 July 2012, the earlier confidential staff report to acquire Nos. 2-10 Bent Street, Lindfield for such purpose as adopted by Council on 13 December 2011, with the exception of table 8, page 8, be released from Confidential, for press and public forthwith, in the public interest."

Motion:

(Moved: Councillors Hall/Duncombe)

That the above Notice of Motion, as amended, be adopted.

For the Motion: Councillor Duncombe

Against the Motion: The Mayor, Councillor J Anderson, Councillors Hardwick, Holland, Malicki, McDonald, Szatow and Cross

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

1-3 Corona Avenue Roseville - Demolition of two Dwellings and

Construction of two Residential Flat Buildings, Basement Car Parking and associated Landscaping

File: DA0700/11

Vide: GB.3

To determine Development Application No.0700/11 for demolition of two dwellings and construction of two residential flat buildings, basement car parking and associated landscaping.

Note: The Acting Director Development and Regulation advised that the matter had

been withdrawn at the request of the applicant.

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

An Inspections Committee will take place to view the following address:

5-15 Boundary Street, Roseville

Councillors will be advised of the date and time of the Inspections Committee.

Council resolved itself into Closed Meeting
with the Press and Public Excluded to deal with the following item
after a Motion moved by Councillors McDonald and Holland.

243

Royal Bank of Scotland Principal Protected Constant Proportion Debt Obligation (PP CPDO)

File: S05597

Vide: C.1

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(g), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:

(a) is a substantial issue relating to a matter in which the Council is involved

(b) is clearly identified in the advice, and

It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.

Report by Director Corporate dated 27 July 2012

Resolved:

(Moved: Councillors Malicki/Holland)

A. That Council consider the legal advice and financial analysis, including costs/risks outlined in the attached report.

B. That Council proceed no further with the legal action against Royal Bank of Scotland, unless further risks arise in relation to loss of total capital.

CARRIED UNANIMOUSLY by those present

Council resolved to return to Open Council
after a Motion moved by Councillors Szatow & Duncombe
was CARRIED UNANIMOUSLY by those present

The General Manager adverted to the consideration of the matter referred to in the Minute numbered 243, and to the resolutions contained in such Minute.

The Meeting closed at 8.55 pm

The Minutes of the Ordinary Meeting of Council held on 14 August 2012 (Pages 1 - 32) were confirmed as a full and accurate record of proceedings on 28 August 2012

__________________________ __________________________

General Manager Mayor / Chairperson

Minute Ku-ring-gai Council Page

MINUTES OF Ku-ring-gai Traffic Committee
HELD ON Thursday, 19 July 2012

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 Ku-ring-gai (Ms Mary O’Dea) Representing Member for Davidson (Mr Robert Forster)

Staff Present:	Manager Traffic and Transport (Mr George Koolik) Traffic Team Leader (Mr Deva Thevaraja) Joseph Piccoli (Strategic Traffic Engineer)

Others Present:	Representing Shorelink Buses (Mr Adrian Malanowski) Mr Geoff Hird, Westwick-Farrow Media (Item GB.3) Ms Catherine Ward, Wards Pharmacy (Item GB.3) Evelyn Stergiou, Fox Café, (Item GB.3) Julie Lines, Knox Parents Association of Knox Grammar School (Item GB.6) Ken Walker, Knox Parents Association of Knox Grammar School (Item GB.6)

Apologies:	Representing Fire & Rescue NSW (Supt Kel McNamara)

The Meeting commenced at 9.00am

DECLARATIONS OF INTEREST

No interest was declared.

CONFIRMATION OF MINUTEs

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/4

Meeting held 24 May 2012

Minutes numbered KTC01 to KTC02

The Committee Recommends:

That Minutes numbered KTC01 to KTC02 were received and confirmed as an accurate record of the proceedings of the meeting. However, the Committee noted that on 17 July 2012, Council deferred KTC02 regarding a request for traffic calming in Yarrabung Road, pending a site inspection.

GENERAL BUSINESS

KTC03

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 May to June 2012 be noted.

KTC04	2013/2014 Federal Black Spot Program File: S06118/5 Vide: GB.2
	To consider sites for inclusion in the 2013/2014 Federal Black Spot Program.
	The Committee’s Comments: The Strategic Traffic Engineer discussed the background to the proposals and informed the Committee that they are currently being finalised.
	The Committee Recommends: That application be made to the 2013/2014 Federal Black Spot Program for the projects listed in the contents of this report.

KTC05	Fox Valley Road Car Park No. 37, Wahroonga File: S04987 Vide: GB.3
	To consider changes to parking time limits in the Fox Valley Road Shopping Village car park – Car Park No.37.
	The Committee’s Comments: Mr Geoff Hird of Westwick-Farrow Media, which fronts Kiogle Street , informed the Committee that this business occupies three of eight shops fronting Kiogle Street and the area above the shops. The business has 35 staff on site at any one time, who drive 26 vehicles. Staff are requested to park in nearby streets or in the unrestricted car park behind the shops. However, suppliers, clients and management who park for shorter periods, use the restricted spaces in Kiogle Street . He considers the parking problems as being temporary, during current hospital development work. He advised that parking is worse prior to 10am. He considers the recommended restrictions in Kiogle Street and the rear car park to be excessive and that rather the car park at the rear should remain unrestricted. Ms Catherine Ward and Ms Evelyn Stergiou, shop owners, expressed concern with all day parking at the shops. They consider that restrictions should be consistent with retail activity and that the publishing company in Kiogle Street is responsible for much of the parking problem around the shops. Local businesses are declining. They consider that shopkeepers don’t park in restricted spaces and that the hospital isn’t the major problem as the hospital provides its own parking. They also noted that the loading zone used by the shops is frequently obstructed by parked vehicles. They agreed with the recommendation but raised a security, particularly for one business owner. The Representative of the Member for Ku-ring-gai expressed concern that residents were not consulted about the proposed changes to parking restrictions at the shops. She considers that the problem is a dispute between shops and the publishing company which affects residents. She considers that residents should be consulted but acknowledged that parking is likely to continue in Kiogle Street whatever changes are made to parking at the shops. She asked whether unused parking in the medical centre could be made available to the community. The Director Operations noted that the proposed restrictions may affect residents. It would be difficult to satisfy all individual interests. He informed the Committee that the hospital is endeavouring to reduce its parking impacts on the area and that it has been in contact with him about alternative locations for staff parking that could be used, together with a shuttle service. The Committee agreed that the area considered is a retail area and that longer term on-street parking for commercial use is a luxury. It agreed that this is a dispute between the shops and the commercial business. It considered that the situation could be improved if adequate enforcement could be provided. It discussed the possibility of leasing individual spaces in the car park at the rear of the shops to a small number of individual shop owners, but also commented that shopkeepers could themselves explore the possibility of arranging parking within the medical centre. The Committee also noted that a number of residents in the area have objected to the proposed changes to parking restrictions at the shops, even though they were not directly consulted. It therefore considered that residents who have objected to the proposed changes be informed of the recommendations of this Committee to Council and be invited to address Council when this recommendation is expected to be considered.
	The Committee Recommends: A. That the 12 angle parking spaces along the Kiogle Street frontage of Car Park No.37, currently signposted ‘4P 8:30am-6pm Mon-Fri, 8:30am-12 noon Sat’ be altered to ‘2P’ and ‘½ P’, with the same hours of operation, as shown in Plan No. Fox Valley Road Car Park No.37/KTC/07/12. B. That the 16 unrestricted angle parking spaces off Kiogle Lane, at the rear of the medical and dental centre at 176 Fox Valley Road, be signposted ‘2P 8:30am-6pm Mon-Fri, 8:30am-12 noon Sat’, as shown in Plan No. Fox Valley Road Car Park No.37/KTC/07/12. C. That the need for parking restrictions in nearby streets be investigated after implementation of the foregoing proposals. D. That the business owners and medical/dental practitioners in the Fox Valley Shopping Village, and Council’s Team Leader Regulations, be informed of Council’s decision. E. That the potential of leasing car parking spaces in the Council owned car park at the rear of the shops, by individual shopkeepers, be referred to appropriate Council staff for investigation.

KTC06	Clissold Road, Wahroonga File: TM11/04 Vide: GB.4
	To consider a request from The Historic Houses Trust of NSW, to conduct the Fifties Fair at Rose Seidler House on Sunday 26 August 2012.
	The Committee’s Comments: The Representatives of LAC Kuring-gai and Roads & Maritime Services noted that, for the 2012 event, a maximum number of 2,500 pre-paid tickets will be sold, which would improve the running of the event. Neither had an objection to the Fifties Fair being held.
	The Committee Recommends: That Council approve the Fifties Fair at Rose Seidler House in Wahroonga on Sunday, 26 August 2012 and the temporary partial road closures in Clissold Road and Cherrywood Avenue between 8am and 6pm on that day, subject to: A. The Roads & Maritime Services (RMS) approving the Traffic Management Plan submitted by the Who Dares Pty Ltd for the 2012 Fifties Fair at Rose Seidler House in Wahroonga. B. The Historic Houses Trust of NSW implementing the RMS-approved Traffic Management Plan and Traffic Control Plan to alleviate traffic congestion during the event, and to address the traffic impacts that may result from the proposed traffic management in the area. C. The proposed partial road closures being advertised by Council as required by Section 116 of the Roads Act 1993. D. That temporary ‘No Parking’ restrictions be imposed on both sides of Burns Road through the usage of bollards and tapes, as shown on the Traffic Control Plan – refer to Plan No. Clissold/KTC/07/12. E. Residents in the affected area being informed by a letter, via letterbox drop, undertaken by The Historic Houses Trust of NSW, of Council’s decision. F. The Local Area Command Kuring-gai be requested to patrol the area and monitor traffic conditions during the event. G. The organiser supplying 20 million dollars Public Liability Insurance cover, naming Ku-ring-gai Council as principal. They shall also list Roads and Maritime Services as an interested party. H. A Regulatory Officer visiting the site throughout the day to ensure Council’s conditions of approval are being observed. I. The Historic Houses Trust of NSW responds in writing to Council by 17 August 2012, confirming its acceptance of Council’s decision for conducting the Fifties Fair at Rose Seidler House in Clissold Road, Wahroonga.

KTC07

General Matter - Jabulani Challenge 2012

File: S02158

Vide: GB.5

To consider a request from iSolutions International Pty Ltd to conduct the Jabulani Challenge 2012 on Sunday, 9 September 2012.

The Committee Recommends:

That Council approve the Jabulani Challenge, on Sunday, 9 September 2012, and the use of Timbarra Road, Wahroonga and Kitchener Street, St Ives between 7.00am and 12noon on the day, subject to the event organiser observing the following conditions:

A. The Roads & Maritime Services (RMS) expressing no objection for the Jabulani Challenge participants to cross Mona Vale Road at the Kitchener Street signalised intersection between 9.00am and 12noon on Sunday, 9 September 2012.

B. iSolutions International Pty Ltd implementing the submitted Event Management Plan to address any possible risks and take appropriate actions during the event.

C. The event organiser liaising with Local Area Commander Kuring-gai to seek their assistance during the event.

D. Residents of Timbarra Road, St Ives and Kitchener Street, St Ives, being informed by a letter, via letterbox drop, undertaken by iSolutions International Pty Ltd, of the event and use of their streets on the day.

E. The event organiser be responsible for deploying Marshals at each crossing points to direct participants so as to cause less inconvenience to local residents.

F. The event participants shall use footpaths where practicable and at other times run as near as practicable to the left hand side of the carriageway.

G. iSolutions International Pty Ltd supplying 20 million dollars Public Liability Insurance cover, naming Ku-ring-gai Council as principal. They shall also list Roads and Maritime Services as an interested party.

H. That Ms Cheryl Nolan, Event Coordinator of iSolutions International Pty Ltd be notified of Council’s decision, and that she be requested to respond in writing to Council by 24 August 2012, regarding the acceptance of Council’s conditions for conducting the Jabulani Challenge 2012.

KTC08	General Matter - Knox Garden Day 2012 File: S02250 Vide: GB.6
	To consider a request from Knox Parents Association of Knox Grammar School to hold its 54^th annual Knox Garden Day in Burns Road, Wahroonga, on Friday, 7 September 2012.
	The Committee’s Comments: Mr Ken Walker and Ms Julie Lines addressed the Committee on behalf of Knox Parents Association of Knox Grammar School. They informed the Committee that they have been working with the community and St Edmunds School in planning the event. St Edmunds School will have access for vehicles and the Bush School will also be accommodated. The Representative of LAC Kuring-gai noted that only a minor vehicular detour is proposed and advised that Police have no objection to the partial closure. The Representative of Shorelink Buses confirmed that the event is not expected to have adverse impacts on bus services in the area.
	The Committee Recommends: That approval be given to KPA of Knox Grammar School to close Burns Road, Wahroonga, to conduct the 54^th annual Knox Garden Day on Friday, 7 September 2012, subject to the following conditions: A. Burns Road between Grosvenor Street and Wahroonga Avenue be fully closed between 9.15am and 2.30pm. B. Burns Road between Grosvenor Street and Wahroonga Avenue be partially closed from 7.00am to 9.15am and from 2.30pm to 4.00pm to allow access to St Edmunds School and Wahroonga Public School and that this section be fully closed from 9.15am to 2.30pm. C. The Roads and Maritime Services and Police Services approving the Traffic Management Plan submitted by Adams Traffic Management Pty Ltd on behalf of KPA of Knox Grammar School. D. Adams Traffic Management Pty Ltd implementing the Traffic Management Plan approved by the Roads and Maritime Services and LAC Kuring-gai. E. Detour arrangements as detailed in the Traffic Control Plan submitted by Adams Traffic Management be implemented. F. The closure of Burns Road between Grosvenor Street and Wahroonga Avenue being advertised by Council as required by Section 116 of the Roads Act 1993. G. Residents of Burns Road and other streets in the vicinity being informed by letter, via letterbox drop, undertaken by the KPA of Knox Grammar School, of the event. Council’s Traffic staff can provide a map of the affected area to be notified of the Knox Garden Day. H. The event organiser provides adequate RMS accredited traffic controllers at appropriate positions to control traffic and parking in the event area, as suggested in the traffic study /TCP submitted by the applicant. Any directions given by the Police Service be followed promptly. I. The Local Area Commander Kuring-gai be requested to patrol the area and monitor traffic conditions during the event. J. The event organiser liaising with Council’s Director Development and Regulations in regard to sanitation provisions, the provision of adequate rubbish receptacles and cleaning of the area at the conclusion of the event. The applicant is advised that costs associated with the provision of those services will apply. K. A Council Regulatory Officer visiting the site throughout the day to ensure Council’s conditions of approval are being observed. The Officer is to report any traffic congestion or other safety issues to Council’s Director Operations within 30 days of the event. L. The KPA of Knox Grammar School responding in writing to Council by 24 August 2012, confirming its acceptance of Council’s decision for conducting the 2012 Knox Garden Day.

KTC09

General Matter - Bare Creek Trail Run

File: S02158

Vide: GB.7

To consider a request from St Ives Park Primary School to conduct the Bare Creek Trail Run on Sunday 18 November 2012.

The Committee Recommends:

That Council approve the Bare Creek Trail Run on Sunday, 18 November 2012, and the temporary closure of the eastern end of Woodbury Road between 8.00am and 8.20am on the day, subject to the event organiser observing the following conditions:

A. The Roads & Maritime Services (RMS) approving the Traffic Management Plan submitted by the Parents and Citizens’ Association of St Ives Park Primary School for the Bare Creek Trail Run 2012.

B. The Parents and Citizens’ Association of St Ives Park Primary School implementing the RMS-approved Traffic Management Plan to alleviate traffic congestion during the event and to address the traffic impacts that may result from the proposed road closure.

C. The proposed Bare Creek Trail Run and the closure of the eastern end of Woodbury Road being advertised by Council as required by Section 116 of the Roads Act 1993.

D. The event organiser liaising with Local Area Commander Kuring-gai to seek their assistance during the event.

E. Residents in the affected area being informed by a letter, via letterbox drop, undertaken by the Parents and Citizens’ Association of St Ives Park Primary School, of the event. Council traffic staff can provide a map of the affected area, which needs to be notified of the Trail Run.

F. The event organiser to be responsible for the supply and erection of barriers, road cones and the deployment of RMS accredited traffic controllers at appropriate positions and follow any directions given by the Police Service to make motorists aware of the potential danger of runners in the near vicinity.

G. Competitors to use footpaths where practicable and at other times run as near as practicable to the left hand side of the carriageway.

H. The event organiser liaising with Council’s Director Development and Regulations in regard to sanitation provisions, the provision of adequate rubbish receptacles and cleaning of the area at the conclusion of the event. The applicant is advised that costs associated with the provision of those services will apply.

I. The Parents and Citizens’ Association of St Ives Park Primary School supplying 20 million dollars Public Liability insurance cover, naming Ku-ring-gai Council as principal. A certificate of currency is to be sighted by Council’s Director Operations before the event is approved.

J. A Council Regulatory Officer visiting the site throughout the day to ensure Council’s conditions of approval are being observed. Council’s Regulatory Services provide a written report to the Director Operations within 30 days of the Trail Run on the impact of the event on traffic, access, parking and pedestrian movement in the area.

K. That Ms Jenny Geddes, event organiser of the Parents and Citizens’ Association of St Ives Park Primary School be notified of Council’s decision, and that she be requested to respond in writing to Council by 31 August 2012, regarding the acceptance of Council’s conditions for conducting the Bare Creek Trail Run.

general discussion

1. The Representative of the Member for Davidson informed the Committee that relatively large numbers of skateboarders use Crana Avenue, East Lindfield, resulting in road safety concerns. He asked whether appropriate signs may be used. The Chairperson suggested that Council staff write to both Roads & Maritime Services and CARES requesting them to liaise, regarding the provision of skateboarding facilities at the St Ives HART site.

2. The Representative of RMS referred to Ministerial correspondence with a Mr Blunt of Normanhurst, regarding traffic congestion through Wahroonga shopping centre. She informed the Committee of a suggestion that signals be provided on Pacific Highway at Redleaf Avenue. She noted that such signals would be expected to attract additional traffic through Wahroonga, including an increase in traffic volumes in Redleaf Avenue of 45%. She is aware of Council’s 2008 study into traffic and parking issues in Wahroonga and agreed that a practical solution to the congestion in Wahroonga would be difficult to find.

3. The Representative of RMS commented on congestion during peak periods at the intersection of Livingstone Avenue and Everton Street, Pymble and requested Council consider ‘Keep Clear’ signs in Livingstone Avenue at the intersection.

4. The Manager Traffic and Transport informed the Committee that Shorelink Buses is currently advertising changes to its routes 562, 572 and 575 between Turramurra Railway Station and Macquarie University. The Representative of Shorelink Buses confirmed that the proposed changes include route 575 using Pacific Highway and Ryde Road, and route 572 servicing South Turramurra, providing frequent services between Turramurra and Macquarie. Responses to the community consultation are due by 20 July 2012.

The Meeting closed at 10.50am

Ordinary Meeting of Council - 28 August 2012	GB.5 / 72

Item GB.5	S05273
	10 August 2012

Investment Report as at 31 July 2012

EXECUTIVE SUMMARY

purpose of report:	To present to Council investment allocations and returns on investments for July 2012.

background:	Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

comments:	The Reserve Bank of Australia (RBA) retained the official cash rate at 3.50% in July 2012.

recommendation:	That the summary of investments and performance for July 2012 be received and noted and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

Purpose of Report

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

Background

Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Comments

During the month of July, Council had a net cash outflow of $657,544 and a net investment gain (interest and capital) of $438,480. The net cash outflow was mainly due to end of financial year payments to creditors.

Council’s total investment portfolio at the end of July 2012 is $95,125,254. This compares to an opening balance of $95,782,798 as at 1 July 2012, a decrease of $657,544.

In July 2012, a significant creditor payment was made to:

· Taylor Construction Group Pty Ltd - $1,082,445 (Suakin Street Depot)

PERFORMANCE MEASUREMENT

Council’s investment portfolio is monitored and assessed based on the following criteria:

§ Management of General Fund Bank Balance

The aim is to keep the general fund bank balance as low as possible and hence maximise the amount invested on a daily basis.

§ Cash

11am Cash Rate is used and currently applies to the Westpac Business Cheque Plus Account and AMP Business Easy Saver Account.

§ Funds Performance against the UBS Bank Bill Index

This measures the annualised yield (net of fees and charges) for Council’s portfolio, except for cash and the New South Wales Treasury Corporation Long Term Growth Facility. The weighted average return for the remaining portfolio of funds is compared to the industry benchmark of the UBS Bank Bill Index.

§ Allocation of Surplus Funds

This represents the mix or allocation of surplus funds in appropriate investments that maximise returns and minimise risk.

Management of General Fund Bank Balance

During July, Council had a net outflow of funds of $657,544.

Investment Portfolio

Council’s investment portfolio consists of the following types of investments:

1. Floating Rate Notes (FRN)

FRNs are a contractual obligation whereby the issuer has an obligation to pay the investor an interest coupon payment which is based on a margin above bank bill. The risk to the investor is the ability of the issuer to meet the obligation.

The following investments are classified as FRNs

ANZ sub-debt A- purchased 18/12/07 at discount

Bendigo Bank A- purchased 9/11/07 at par

ANZ sub-debt A- purchased 17/1/08 at par

HSBC Bank AA- purchased 14/3/08 at par

Royal Bank of Scotland (Australia Branch) purchased 27/08/10 at par

senior-debt A

These FRNs are all sub-debt or senior debt which means that they are guaranteed by the bank that issues them with sub-debt notes rated a notch lower than the bank itself. The reason for this is that the hierarchy for payments of debt in event of default is:

1. Covered Bonds

2. Term Deposits

3. Senior Debt

4. Subordinated Debt

5. Hybrids

6. Preference shares

7. Equity holders

In the case of default, the purchaser of subordinated debt is not paid until the senior debt holders are paid in full. Subordinated debt is therefore more risky than senior debt.

These types of investments are classified as Held to Maturity assets and they are therefore measured at amortised cost using the effective interest method in accordance with AASB139: Financial Instruments: Recognition and Measurement.

In terms of reporting, these investments are shown at their purchase price which is then adjusted up or down each month in accordance with the amortisation of the discount or premium. The effect of this is to show the investment at face value at maturity.

2. Fixed Interest Notes, Term Deposits, Transferable Deposits and Bonds

Fixed interest notes and term deposits pay a fixed amount of interest on a regular basis until their maturity date. The following investments are held by Council:

Investec Bank Term Deposit BBB purchased 03/09/08 at par

Westpac Bank Term Deposit (5 Year) AA- purchased 12/01/10 at par

St George Bank Term Deposit (3 Year) AA- purchased 18/02/10 at par

Commonwealth Bank Term Deposit (3 Year) AA- purchased 05/03/10 at par

Bank of Queensland Term Deposit (3 Year) BBB+ purchased 31/05/10 at par

Suncorp Bank Term Deposit (3 Year) A+ purchased 04/06/10 at par

St George Bank Term Deposit (3 Year) AA- purchased 28/06/10 at par

Suncorp Bank Term Deposit (3 Year) A+ purchased 03/08/10 at par

Suncorp Bank Term Deposit (3 Year) A+ purchased 04/08/10 at par

AMP Bank Business Easy Saver Account (at-call) A purchased 30/12/10 at par

AMP Bank Term Deposit (5 Year) A purchased 01/03/11 at par

AMP Bank Term Deposit (1 Year) A purchased 14/09/11 at par

Rural Bank Term Deposit (1 Year) A- purchased 30/09/11 at par

Bendigo Bank Turramurra Branch (6 Month) A- purchased 01/03/12 at par

RaboDirect Term Deposit (6 Month) AA purchased 12/03/12 at par

BankWest Term Deposit (2 Month) AA- purchased 28/06/12 at par

As with FRNs, these investments are shown at purchase price with the discount or premium amortised over the period to maturity.

A Transferable Certificate of Deposit is a bank deposit (ie fixed interest) that may be transferred from one party to another. Council has four transferable deposits.

ANZ Transferable Deposits AA- purchased 22/04/08 at par

Deutsche Bank Transferable Certificates of purchased 04/09/09 at discount

Deposit A+

Bank of Queensland Senior Transferable Deposits purchased 06/12/10 at par

BBB+

Commonwealth Bank Floating Rate Transferable purchased 02/08/11 at par

Certificates of Deposit AA-

A bank bond is a debt security, in which the authorised bank owes the holders a debt and is obliged to repay the principal and interest (the coupon) at a later date, termed maturity.

Council has four bank bonds with senior debt obligations:

Commonwealth Bank Retail Bond AA- purchased 24/12/10 at par

Bendigo Bank Retail Bond A- purchased 15/03/11 at par

Commonwealth Bank Retail Bond Series 1 AA- purchased 20/03/12 at discount

Heritage Bank Retail Bond BBB+ purchased 20/06/12 at par

3. Collateralised Debt Obligations (CDO)

The following investment is classified as a CDO:

Maple Hill 11 CCC- (downgraded from purchased 30/08/07 at par

AA by S&P)

(Please refer to comments on Individual Investment Performance section for details.)

A CDO is a structured financial product whose returns are linked to the performance of a portfolio of debt obligations. It is split into tranches, whereby the riskiest or lowest tranche, the “equity tranche”, receives the highest returns. Higher rated tranches offer protection against the risk of capital loss, but at proportionately diminishing returns.

This investment is also classified as held to maturity investment and is therefore measured at amortised cost using the effective interest method in accordance with AASB 139: Financial Instruments: Recognition and Measurement. The investment is reported in the same manner as FRNs.

4. Constant Proportion Debt Obligations (CPDO)

The following investment is classified as a CPDO:

Royal Bank of Scotland Principal Protected CPDO A purchased 18/10/06 at par

This is an investment whose returns are based on trading credit default swap (CDS) contracts. A CDS is a contract between two parties where one agrees to accept the risk that a company will default on its loan repayment obligations in return for payment of a fee. Only contracts on investment grade organisations in the CDX (US) and ITraxx (Europe) indices are permissible.

5. Growth Investment

The following investment was purchased on the basis of an anticipated growth in asset value rather than returns being based on an interest coupon, it has been classified as a Growth Investment.

KRGC TCorp LTGF unrated purchased 20/03/2008 at par

This investment is valued at fair value where the capital gain is credited to the Income Statement and a the capital loss is debited to the Income Statement. This is a fund managed by the NSW Treasury Corporation which invests in a range of Australian shares 31%, international shares 31%, bonds, listed property and cash 38%. The return is based on the fund’s unit price at month end supplied by the fund. There is no principal guarantee with this fund and it is unrated.

Cash Performance against the 11am Cash Rate

The weighted average return for Cash year to date was 4.01% compared to the benchmark 11am Cash Rate of 3.56%.

Funds Performance against the UBS Bank Bill Index

The weighted average return for the total portfolio (except Cash & TCorp) year to date was 5.56% compared to the benchmark of the UBSWA Bank Bill Index of 3.47%.

NSW Treasury Corp against the Long Term Growth Facility Trust

The return for TCorp year to date was 12.44% compared to the benchmark Long Term Growth Facility Trust of 12.68%.

Comments on Individual Investment Performance

The following investment has matured during the month of July:

Term Deposit:

· Community First Credit Union Term Deposit AAA $1,000,000 at 6.30% pa for 1 year

NSW Treasury Corporation: The investment in the NSW TCorp Long Term Growth Facility is an approved investment under the updated Minister's Order. The Facility is designed to give investors exposure to, and the returns from, a diversified pool of growth assets i.e. shares and listed property along with a cash component.

The investment was made in October 2006. This is a fund managed by the NSW Treasury Corporation which invests in a range of Australian shares 31%, international shares 31%, bonds, listed property and cash 38%. The fund’s annualised return is 12.44% and 0.32% since purchase.

Returns from the Facility in recent times have been hard hit by volatile global markets, returns across short time frames have been poor but over the longer term they have generally outperformed capital secure products.

The investment in the Facility does provide some useful diversification to Council's portfolio and has excellent liquidity should the funds be needed quickly.

Royal Bank of Scotland Principal Protected CPDO: This is an investment whose returns are based on trading credit default swap (CDS) contracts. Only contracts on investment grade organisations in the CDX (US) and ITraxx (Europe) indices are permissible. The risk to Council is that if enough companies default on their loan payment obligations, Council’s regular payments of interest would be reduced or cease. In the event of this occurring (cash-out event), the note reverts to a risk free bond investment to guarantee principal on maturity.

On 20 December 2011, Council received a notice of “Strategy Unwind Event” from RBS Morgans Ltd for Council’s Principal Protected CPDO ($6,000,000) issued by the Royal Bank of Scotland (RBS).

Under the terms of the unwind event the bank has advised that the security has ceased to pay interest effective from December 2011.

CDOs: The risk of losing principal in a CDO is based on the number of defaults in the portfolio of debt obligations combined with weighting of the entity in the portfolio and the recovery rate of the entities that default. The following information is provided for Council’s remaining CDO:

Maple Hill II

As a result of the global financial market crisis, in particular the collapse of Lehman Brothers, and the release of S&P CDO Evaluator 5.0 (a set of analytical tools that evaluates an entire CDO transaction), Maple Hill II was downgraded to CCC - from AA by S&P.

· Losses absorbed: 2.77%

· Losses remaining: 2.77%

· Recovery: Floating

· Portfolio: 139 (unequal weight)

· Credit events to date: 6 (Lehman Brothers, Fannie Mae, Freddie Mac, Idearc, CIT Group & PMI)

· Credit events supported: 11.5 average sized, assuming average 33% recovery

· Credit events remaining: 6 average sized, assuming average 33% recovery. The note can withstand 5% of the portfolio defaulting, after allowing for recoveries.

· Maturity: 20 December 2014

There was no credit event in Council’s CDO during the month.

Allocation of funds

The following charts show the allocations of Council’s investment funds by various categories:

1) Credit Rating: Actual level of investment compared to proportion permitted by policy.

Investment Rating - Proportion

AAA to AA-	45.97%
A+ to A	31.39%
A- to BBB	17.34%
Less than BBB	5.30%

2) Proportional Split of Investments by Investment Institution: Actual portion of investments by investment institutions.

Council’s Investment Policy requires that the maximum proportion of its portfolio invested with any individual financial institution is 25%.

3) Investment type and YTD return: Actual proportion of investments by type and year to date return.

4) Duration: Strategic allocation of investments by duration.

Cumulative Investment Return

The following table shows Council’s total return on investments for the month of July 2012. This is split into capital and interest components and compared to budget:

At the end of July 2012, the net return on investment totalled $438,000 against a budget of $376,000 giving a positive variance for the year of $62,000.

Total Investment Portfolio

The following chart illustrates the year to date investment portfolio balance for 2012/2013.

During July 2012 Council’s investment portfolio decreased by $657,544.

Some key points in relation to investments and associated markets during July are:

International Market

· The U.S. employment data was weaker than expected with June payrolls up just 80,000 delivering an unchanged unemployment rate of 8.2%. In addition, retail sales dropped sharply and GDP data came in at an uninspiring rise of just 1.5% for the second quarter on an annualised basis. This was a drop from the first quarter which was at an annualised rate of 2% growth. The chairman of the Federal Reserve of United States (Ben Bernanke), expressed the widely held view that the recovery in the U.S. was "decelerating" and reiterated that the Federal Reserve stood ready to take any appropriate actions.

· The Peoples Bank of China again cut its benchmark rate to 6.00% (a drop of 35bps) which follows on from the cut last month which was its first cut since 2008.

Domestic Market

· The cash rate was left unchanged at 3.50% in July. The RBA is adopting a cautious wait and see approach before delivering further rate cuts. This was in line with market expectations.

· Australian employment data for June showed a decrease in employment of 27,000 people driving up the unemployment rate by 0.1% to 5.2% even as the participation rate dropped slightly.

· Inflation releases during July for the second quarter put inflation squarely at the very low end of the RBA’s target 2-3% range. The actual reading for underlying inflation was 2% on a year-on-year basis with the headline rate coming in at just 1.2% on the same basis.

· The Australian dollar was again significantly stronger over July consolidating gains made in June. On a trade weighted basis it improved by 3.1% (June up 3.9%) whilst against the Euro it was up over 5.5% during the month.

Governance Matters

Council’s investments are made in accordance with the Local Government Act (1993), the Local Government (General) Regulation 2005 and Council’s Investment Policy which was adopted by Council on 20 April 2010.

Section 212 of the Local Government (General) Regulation 2005 states:

(1) The responsible accounting officer of a council:

(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

(i) if only one ordinary meeting of the council is held in a month, at that meeting, or

(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and

(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.

(2) The report must be made up to the last day of the month immediately preceding the meeting.

Risk Management

The risk associated with investing Council funds is the loss of income and/or assets from investment failure and/or poor investment performance. The level of risk with Council’s new investments is considered low, as investments are made only in a form of investment notified by order of the Minister for Local Government and Council’s adopted Investment Policy, which as a consequence of the Minister’s Order, is considered conservative. Also, all investments are made with consideration of advice from Council’s appointed investment advisor, Denison Financial Advisory.

Financial Considerations

The budget for interest on investments for the financial year 2012/2013 is $4,512,400. Of this amount approximately $2,972,400 is restricted for the benefit of future expenditure relating to developers’ contributions, $583,300 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $956,700 is available for operations.

At the end of July 2012, the net return on investment totalled $438,000 against a budget of $376,000 giving a positive variance for the year of $62,000.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government General Regulation 2005 and Council’s Investment Policy which was adopted by Council on 20 April 2010.

Summary

As at 31 July 2012:

Ø Council’s total investment portfolio is $95,125,254. This compares to an opening balance of $95,782,798 as at 1 July 2012, a decrease of $657,544.

Ø Council’s year to date net return on investments (interest and capital) totals $438,000. This compares to the year to date budget of $376,000, giving a positive variance of $62,000.

Ø The weighted average return for Cash year to date was 4.01% compared to the benchmark 11am Cash Rate of 3.56%.

Ø The weighted average return for the total portfolio (except Cash & TCorp) year to date was 5.56% compared to the benchmark of the UBSWA Bank Bill Index of 3.47%.

Ø The weighted average return for TCorp year to date was 12.44% compared to the benchmark Long Term Growth Facility Trust of 12.68%.

Recommendation

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

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

Rocky Naickar

Director Corporate

Tino Caltabiano

Manager Finance

Tony Ly

Financial Accounting Officer

Ordinary Meeting of Council - 28 August 2012	GB.10 / 213

Item GB.10	DA0053/12
	20 August 2012

5 - 15 Boundary Street Roseville - Supplementary Report

EXECUTIVE SUMMARY

purpose of report:	To report on the site inspection of 18 August 2012 and for Council to determine Development Application DA0053/12 proposing demolition of existing dwellings and construction of two residential flat buildings containing 53 units, basement parking, landscaping and associated works.

background:	An assessment report was prepared and considered by Council on 14 August 2012 where Council resolved to defer determination pending a site inspection. A site inspection was carried out on Saturday, 18 August 2012.

comments:	Matters raised on the site inspection are addressed within this report.

recommendation:	That the application be approved.

Purpose of Report

To report on the site inspection of 18 August 2012 and for Council to determine Development Application DA0053/12 proposing demolition of existing dwellings and construction of two residential flat buildings containing 53 units, basement parking, landscaping and associated works.

Background

An assessment report and recommendation was considered by Council at its meeting on 14 August 2012. Council resolved to defer the determination pending a site inspection. The site inspection took place on Saturday, 18 August 2012.

Matters raised on the site inspection are addressed below.

Comments

1. Traffic

A copy of the Roads and Maritime Services (RMS) referral is to be provided to all Councillors

A copy of the Roads and Maritime Services letters are identified in Attachment A1 and A2. The letter dated 4 April 2012 grants concurrence to the proposed development.

2. Right of way

The ownership of land burdened by the existing right of way is to be clarified.

The right of way varies in width but is generally 3.05 metres and runs between 3 and 5 Victoria Street and along the rear boundary of 5 and 7 Boundary Street.

The properties which benefit and are burdened by the right of way include 3, 5 and 7 Victoria Street and 3, 5, 7 and 9 Boundary Street. These properties are known as:

Lot and Deposited Plan	Address
Lot 1 within DP 667611	3 Victoria Street
Lot 2 within DP 13310	5 Victoria Street
Lot 3 within DP 13310	7 Victoria Street
Lot 5 within DP 13310	5 Boundary Street
Lot 6 within DP 13310	7 Boundary Street
Lot 7 within DP 13310	9 Boundary Street
SP 11664 (formerly lot 4 of DP13310)	3 Boundary Street

Covenant B277241 states:

a) The registered proprietor of Lot 2 (adjoining Victoria Street) and servants or others authorised by her from time to time may pass and repass with or without horses and other animal carts and carriages over and along lots 1, 5 and 6 and

b) The registered proprietors of lots 3, 4, 5 and 6 and 7 have the same reciprocal rights over Lot 2.

The right of way appears to have been created prior to the subdivision of Lot 1 within DP 13310 into three separate lots and prior to the strata subdivision of the heritage item at 3 Boundary Street.

Lots 5 and 6 in DP 13310 (5 and 7 Boundary Street) are burdened by the right of way. The covenant B336470 entitles Lot 3, 4, 6 and 7 to a right of way over Lot 5.

Lots 6 and 7 (7 and 9 Boundary Street) utilise the right of way for vehicular access.

Which other lots outside of the site currently benefit from the right of way and how will they be affected by proposed draft Condition No. 35 with respect to the rear boundary fence that has been recommended by staff?

Condition 35 requires a rear boundary fence to be constructed along the rear northern boundary of the subject site. The fence will not be constructed upon the right of way and therefore will not impact use by adjoining properties. The fence will however, prevent 5, 7 and 9 Boundary Street (part of the site under consideration) from accessing the right of way.

Is any part of the Right of Way included in the site coverage calculation?

The proposed development does not rely upon the right of way. Consent is not being sought for works on the right of way.

The site does not include the right of way. Therefore, as it does not contribute to the site area, it does not form part of the calculation of site coverage. Clause 25B defines site area as follows:

Site area, in relation to proposed development, means the areas of land to which an application for consent to carry out the development relates, excluding the area of any access handle.

5. Condition 13 - Dilapidation survey and report (private property)

Proposed draft Condition No. 13 is to be amended to acknowledge Strata Plan No. 11664 known as No. 3 Boundary Street, Roseville

Condition 13 has been amended to refer to 3 Boundary Street, Roseville.

6. Deep soil landscape area calculation

Council staff are requested to confirm that it is permissible to include the area within private courtyards in deep soil area calculations.

Clause 25I(2)(a) defines deep soil landscaping having a minimum width of 2 metres. Clause 25B defines deep soil landscaping as follows:

Deep soil landscaping means a part of a site area that:

(a) is not occupied by any structure whatsoever, whether below or above the surface of the ground (except for paths up to 1 metre wide) and

(b) is not used for car parking.

The deep soil landscape area would not include a private open space area which is above the basement footprint. Therefore, the design change required by Condition 35 does not alter the deep soil landscape area calculation, as the private open space is above the basement slab. If a private open space is not located above the basement and has a width of 2 metres it can be included in the deep soil landscape area.

7. Impact on items of heritage significance

If Strata Plan No. 11664 (No. 3) Boundary Street, Roseville was not an item of heritage significance, what setbacks and building separation controls would apply in this instance?

The site is zoned Residential 2(a) under the KPSO as the site contains a heritage item. If the site did not contain a heritage item it would be zoned Residential 2(d3). Under the Draft LEP (Local Centres) 2012, the site is proposed to be zoned Residential R4.

DCP 55, requires increased side setbacks of 10 metres to the first and second floors and 15 metres to the third and fourth floors because of the adjacent heritage item. The side and rear setbacks required would be 6 metres if the adjacent property did not contain a heritage item.

Under the Residential Design Flat Code and DCP 55 the following separation distances are required regardless of the zoning:

- up to four storeys/ 12 metres:

· 12 metres between habitable rooms/balconies

· 9 metres between habitable/balconies and non-habitable rooms

· 6 metres between non habitable rooms

- five to eight storeys/ up to 25 metres

· 18 metres between habitable rooms/balconies

· 13 metres between habitable/balconies and non-habitable rooms

· 9 metres between non habitable rooms

The compliance would be dependant upon the redevelopment of 3 Boundary Street. However, the proposal provides half the required separation distance and compliance could be attained.

8. DCP No. 55 – Setbacks

Is it appropriate to measure the side setback from the main building when there are stairs located closer which constitute a “structure” for the purposes of DCP No. 55?

Clause 1.12 Definitions of DCP 55 defines setback as follows:

Setback means the distance between any given boundary of an allotment and the external plane of the building being erected or proposed to be erected, including the external plane of any balcony, carport or the like.

The setback is calculated from the external wall (and planter box) of Building A to the main external wall of the heritage item, consistent with the definition. The definition refers to the external plane of balconies because these project from the external wall and are used for amenity. The staircase is a secondary access point and for fire access and not an area residents will spend an extended time.

Council’s Heritage Adviser considers the measured distance appropriate and is satisfied that the proposal will not dominate the heritage item. The five storey scale is consistent with the zoning of the site. While the adjacent heritage item is of a height equivalent to three storeys (including pitched roof form), the upper levels of the proposal are set back to provide greater separation from the heritage item commensurate with the additional height and is consistent with the DCP control requirements.

9. Additional matters

The assessment report previously considered by Council incorrectly stated that 5 Victoria Street is zoned Residential 2(d3) in stead of Residential A.

A late submission was received from Laurence Priddle from 3 Victoria Street on 14 August 2012 prior to the Council meeting. The following issues were raised and are addressed as follows:

The proposed driveway is unapproved and unsafe.

RMS has not approved the development.

RMS granted concurrence to the development application in a letter dated 4^th April 2012. Council as part of its preliminary assessment requested further information which was then referred to RMS for consideration. RMS in its letter dated 1 August 2012, provided additional conditions of consent to be included in the determination along with those identified in their letter dated 4^th April 2012.

1.2 Insufficient vehicle swept path plans

The objector refers to a request from RMS dated 14^th July 2011 which relates to another application (note that this application was lodged on 29 February 2012). The RMS did not ask for additional information regarding the entry driveway design in either of their responses for DA0053/12 and considers the proposed design satisfactory in this regard.

1.3 Driveway below natural ground level

To maintain pedestrian access along Boundary Street, the future footpath cannot rise up at a steep gradient from the location of the driveway, where it will be close to the driveway level. The nature strip and footpath along most of the frontage will have to be regraded (lowered) by Roads and Maritime Services. The driveway will not be below the ground level. The substation will be at the lower level as well (the landscape plan shows the retaining wall around it) and there will be a sight line past it. Council’s Development Engineers and the RMS considers the application satisfactory in this regard.

1.4 Portal move not feasible

The condition requires relocation of the security gate if it is necessary in the future. The security gate would be relocated to beyond the garage collection area which does not require a 2.6 metres clearance height.

1.5 Insufficient access for service vehicles

The restriction on the size of vehicles which can be used for deliveries is a consequence of the site's zoning, location and the applicable controls. The 2.6 metres clearance height is to enable a small truck, such as a waste collection vehicle to access the basement.

1.6 Traffic congestion at the “pinch point”

Council’s Development Engineer and RMS has not raised this as an issue.

1.7 Defer until RMS plan for Boundary Street widening available

Development consent cannot be lawfully withheld awaiting the future development by a State Authority. The land has been reserved for road widening since 1971. The proposed development is permissible, is largely compliant with the relevant controls and concurrence has also been issued by RMS for the proposed development, including the location of the driveway access.

Building A location contrary to DCP 55 and too dominant

Clause 1.12 Definitions of DCP 55 defines setback as follows:

Council’s Heritage Adviser is satisfied that the proposal will not dominate the heritage item. The five storey scale is consistent with the zoning of the site. While, the adjacent heritage item is three storeys (including pitched roof form). The upper levels of the proposal are set back to provide greater separation from the heritage item with the additional height and is consistent with the DCP control requirements.

Insufficient deep soil planting area

The proposal complies with the development standard of Clause 25I(2) with a deep soil landscape area of 50%. Condition 35 requires paving to courtyards which are located above the basement, and do not form part of the deep soil landscape area in the first instance.

The deep soil landscape area has been calculated by staff who concur with the calculation plan submitted to demonstrate compliance with this standard.

Removal of Tree 50

Tree 50 is centrally located within the rear setback and conflicts with the proposed development. The current size and canopy spread of the tree effectively sterilises a large portion of the site from development. The tree while native is not endemic. Council’s Senior Landscape Assessment Officer, states while its retention is preferred, its removal due to other site constraints can be supported.

Absence of prior geotechnical report

A geotechnical report is required to be submitted prior to the issue of a Construction Certificate. The site is not vacant, and contains five existing dwelling and associated structures. These structures render parts of the site inaccessible to conduct the necessary bore hole drilling. It is common for geotechnical investigation to be under taken prior to the Construction Certificate after demolition of existing structures and not at the development application stage.

It is recommended that Condition 13 be amended to correctly refer to 3 Boundary Street (and not 1-3 Hill Street) to have a dilapidation report prepared.

Illegal rear lane access

The current landscape plans still show access to the right of way and Condition 35 requires the landscape plans to be amended to address the inconsistency with the architectural plans. The condition also requires a rear boundary fence to be erected with no gates to prevent access to the right of way.

Councillors cut out of consideration for some vital plans

The submission suggests that the Geotechnical Report required by Condition 14, the Sight Distance Report for the driveway required by Condition 27 and the amendments to the landscape plans as required by Condition 35 should be submitted to Councillors to approve and not the Principal Certifying Authority.

Council is satisfied that these matters can be adequately dealt with at Construction Certificate stage and do not require Council approval. The additional reports and minor amendments to the landscape plans are required to be prepared prior to the issue of a Construction Certificate. The applicant has not prepared a Construction Certificate and has not nominated a Principal Certifying Authority at this stage. The applicant is free to elect Council or a Private Certifier for this role. These conditions must be satisfied prior to construction commencing and the Construction Certificate and in the event Council is not the Principal Certifying Authority, Council is provided with a copy of this documentation and plans.

General remarks about “summary sheet”

a) The summary sheet should have contained a Table of Contents. Only four days were available for public examination of the 87 page Summary Sheet.

b) Comparisons are drawn in several places to the contents of LEP 2010 and LEP 2012 but they are not part of the current assessment framework.

The Draft Local Environmental Plan (Local Centres) 2012 is a Draft Environmental Planning Instrument and is a valid consideration under Section 79C of the Environmental Planning and Assessment Act 1979. The reference to LEP 2010, is made in relation to submissions which incorrectly refer to this LEP for consideration. The application is assessed under the KPSO and does not rely upon LEP 2010.

Summary

The Roads and Maritime Services granted concurrence to the proposed development on 4 April 2012. The proposal does not involve works upon the right of way and will not interfere with adjoining properties’ use of the right of way. Condition 13 has been amended to refer to 3 Boundary Street, Roseville.

The proposed development is compliant with the relevant development standard within the KPSO including deep soil landscape area and site coverage. The proposal results in a non compliance with the visual separation requirements of the RFDC and DCP 55. The non compliance is not considered significant, and on merit the proposal is not considered to result in any adverse impacts upon the visual privacy to adjoining properties.

The proposal is consistent with the relevant Council statutory and policy controls. The application is consistent with the objectives of these controls and it is recommended that it be approved.

Recommendation:

A. That the Council, as the consent authority, is of the opinion that the proposal includes works of a permanent character on land reserved for the purposes of widening of existing county roads and in accordance with Clause 13(2) of the KPSO, the Council, as the responsible authority is of the opinion that the purpose for which the land is reserved cannot be carried into effect within a reasonable time after the appointed day, 1 October 1971.

AND

B. That the Council, as the consent authority, grant development consent to DA0053/12 for the demolition of existing dwellings and construction of 2 residential flat buildings containing 53 units, basement parking, landscaping and associated works at 5 – 13 Boundary Street, Roseville for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

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:

Plan no.

Drawn by

Dated

Site Plan DA00 Amendment D

Ground floor plan existing DA01 Amendment D

Ground floor plan future DA02 Amendment D

Plans -1 DA03 Amendment D

Plans -2 DA04 Amendment D

Plans -3 DA05 Amendment D

Elevations -1 DA06 Amendment D

Elevations -2 DA07 Amendment D

Sections -1 DA08 Amendment D

Sections -2 DA09 Amendment D

Compliance Diagrams -1 Amendment D

Excavation Plan DA14 Amendment D

Environment Management Plan DA15 Revision C

Site Analysis DA16 Amendment D

Street Elevation DA17 Amendment D

Ground floor landscape plan and plant schedule L01A

Second and fourth floor plans & section C L02A

Specifications and Details L03

Area landscape calculations L04A

Gelder Architecture

janebrittdesign

24/05/2012

28/02/2012

24/05/2012

01/6/12

25/5/12

25/02/12

01/06/12

Structural concept plan S01 Revision 2

Stormwater Management basement D01 Revision B

Stormwater Management ground level D02 Revision B

Stormwater Management Notes & Details D03 Revision B

Stormwater Management tank details D04 Revision B

Stormwater Management first and second floor D05 Revision A

Stormwater Management third, fourth & roof D06 Revision B

Northrop

Northern Beaches Consulting Engineers Pty Ltd

08.06.12

23/05/2012

17/05/2012

28/02/2012

23/05/2012

Document(s)	Dated
Colours and finishes schedule 2-1423-E08-02 prepared by Gelder Architecture	date stamped received by Council 8 June 2012
Basix certificate No. 417099M_03	06/07/2012
Access Report prepared by Mark Relf Development Impact Assessment Report prepared by Earthscape Horticultural Services Road Traffic Noise and Vibration Assessment Report No. nss 21751 Revision A - Final prepared by Noise and Sound Services Report 07196 prepared by Transport and Traffic Planning Associates Assessment of Traffic and Parking Implications Reference 07196 (B) prepared by Transport and Traffic Planning Associates Engineering Assessment 120314 prepared by Northrop Construction Traffic Management Plan 2243011145 prepared by Gelder & Associates Solar Study 2/1423/C03/07 prepared by Gelder Architecture Crime Risk Assessment 1423/C03/05DS prepared by Gelder Architecture Waste Management Plan 2-1423-C03-04-WMP prepared by Gelder Architects	amended 4th June 2012 May 2012 May 2012 24 May 2012 February 2012 7 June 2012 4 June 2012 February 2012 February 2012 Received by Council 28/02/2012
BCA compliance report J120065 prepared by Vic Lilli & Partners Geotechnical Assessment Ref 441 prepared by D. Katauskas Consulting Geotechnical Engineer Statement of Heritage Impact prepared by NBRS + Partners	20 February 2012 9 February 2012 February 2012

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. Approved landscape plans

Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no.	Drawn by	Dated
L01A, L02A L04A and L03	Jane Britt Design	25/02/2012

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

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

4. Road opening permit

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

5. Post-development stormwater discharge

Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to Roads and Maritime Services (RMS) for approval, prior to the commencement of any works.

Details should be forwarded to :

The Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124

A plan checking fee will be payable and a performance bond may be required before RMS' approval is issued. With regard to the Civil Works requirement please contact RMS' Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

Reason: To ensure RMS' assets function effectively.

6. Road widening

The subject property is affected by a road proposal. New buildings or substantial structures are not to be erected on the land required for future road widening or encroach on RMS land acquired for road.

The area affected by the proposed road widening should be identified as a separate lot in any proposed plan of subdivision.

Reason: To allow any future widening of the road to be carried out in a timely and cost effective manner.

7. Demolition traffic management plan

No demolition, remediation or other work is to occur on site until such time as Roads and Maritime Services have been provided with, and approved, a Demolition Traffic Management Plan detailing vehicle routes, number of trucks, hours of operation, access arrangements and traffic control arrangements associated with the demolition and/or remediation of the site.

Reason: To comply with Roads and Maritime Services requireemnts for concurrence.

8. Dilapidation Report on RailCorp Infrastructure

Prior to the commencement of works and prior to the issue of the Occupation Certificate, a joint inspection of the rail infrastructure and property in the vicinity of the project (especially the retaining wall and rail track formation) is to be carried out by representatives from RailCorp and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless other notified by RailCorp.

Reason: To satisfy RailCorp’s requirements.

9. Notice of commencement

Reason: Statutory requirement.

10. Notification of builder’s details

Reason: Statutory requirement.

11. Dilapidation survey and report (public infrastructure)

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council:

Public infrastructure

· Full road pavement width, including kerb and gutter, of Boundary Street over the site frontage.

The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.

The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.

Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.

Reason: To record the structural condition of public infrastructure before works commence.

12. Archival recording of buildings

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that an archival report has been submitted to Council’s Heritage Advisor.

The report must consist of an archival standard photographic record of the building (internally and externally), its garden and views of it from the street illustrating its relationship to neighbouring properties and the streetscape. Recording shall be undertaken in accordance with the guidelines for “Photographic Recording of Heritage Items Using Film or Digital Capture (2006)” prepared by the New South Wales Heritage Office.

Information shall be bound in an A4 report format. It shall include copies of photographs, referenced to plans of the site. Two (2) copies (one (1) copy to include negatives or CD of images shall be submitted to Council's Heritage Advisor. The recording document will be held in the local studies collection of Ku-ring-gai Library, the local historical society and Council’s files.

Reason: To ensure the proper management of historical artefacts and to ensure their preservation.

13. Dilapidation survey and report (private property)

Prior to the commencement of any demolition or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:

Address

· 3 Boundary Street, Roseville and 17 Boundary Street

· 3, 5, 7, 9 and 11 Victoria Street, Roseville

The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that professional based on the excavations for the proposal and the recommendations of the submitted geotechnical report.

In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.

Note: A copy of the dilapidation report is to be provided to Council prior to any excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.

Reason: To record the structural condition of likely affected properties before works commence.

14. Geotechnical report

Prior to the commencement of any bulk excavation works on site, the applicant shall submit to the Principal Certifying Authority, the results of the detailed geotechnical investigation comprising a minimum of three cored boreholes to at least 1 metre below the proposed basement level. The report is to address such matters as:

· appropriate excavation methods and techniques

· vibration management and monitoring

· dilapidation survey

· support and retention of excavates faces

· hydrogeological considerations

The recommendations of the report are to be implemented during the course of the works.

Reason: To ensure the safety and protection of property.

15. Construction and traffic management plan

The applicant must submit to Council separate Demolition and Construction Traffic Management Plans, which are to be approved prior to the commencement of any works on site.

Each of these must also be approved by Roads and Maritime Services as required by other conditions of this consent.

The plans are to consist of a report with Traffic Control Plans attached.

The reports are to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The CTMP applies to all persons associated with demolition, excavation and construction of the development.

The reports must contain hours of construction and must include and comply with Roads and Maritime Services requirements that no heavy vehicle movements are to occur in the AM and PM peak traffic periods and "School Zone" periods.

The reports are to contain construction vehicle routes for approach and departure to and from all directions.

The reports are to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for an 11 metre long heavy rigid vehicle.

The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:

· Demolition

· Excavation

· Concrete pour

· Construction of vehicular crossing and reinstatement of footpath

· Traffic control for vehicles reversing into or out of the site.

Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users. Traffic controllers are not to stop traffic on Boundary Street and are only to indicate breaks in traffic on Boundary Street.

When each satisfactory plan is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved plans as well as any conditions in the letter issued by Council and any conditions issued by Roads and Maritime Services. Council’s Rangers will be patrolling the site regularly and fines may be issued for any non-compliance with this condition.

Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.

16. Temporary construction exit

A temporary construction exit, together with necessary associated temporary fencing, shall be provided prior to commencement of any work on the site and shall be maintained throughout the duration and progress of construction.

Reason: To reduce or eliminate the transport of sediment from the construction site onto public roads.

17. Erosion and drainage management

Reason: To preserve and enhance the natural environment.

18. Construction waste management plan

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s DCP 40 – Construction and Demolition Waste Management.

The plan shall address all issues identified in DCP 40, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.

Note: The plan shall be provided to the Certifying Authority.

Reason: To ensure appropriate management of construction waste.

19. Noise and vibration management plan

Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority. The management plan is to identify amelioration measures to achieve the best practice objectives of AS 2436-2010 and NSW Department of Environment and Climate Change Interim Construction Noise Guidelines. The report shall be prepared in consultation with any geotechnical report that itemises equipment to be used for excavation works.

The management plan shall address, but not be limited to, the following matters:

· identification of the specific activities that will be carried out and associated noise sources

· identification of all potentially affected sensitive receivers, including residences, churches, commercial premises, schools and properties containing noise sensitive equipment

· the construction noise objective specified in the conditions of this consent

· the construction vibration criteria specified in the conditions of this consent

· determination of appropriate noise and vibration objectives for each identified sensitive receiver

· noise and vibration monitoring, reporting and response procedures

· assessment of potential noise and vibration from the proposed demolition, excavation and construction activities, including noise from construction vehicles and any traffic diversions

· description of specific mitigation treatments, management methods and procedures that will be implemented to control noise and vibration during construction

· construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency

· procedures for notifying residents of construction activities that are likely to affect their amenity through noise and vibration

· contingency plans to be implemented in the event of non-compliances and/or noise complaints

Reason: To protect the amenity afforded to surrounding residents during the construction process.

20. Support for Council roads, footpaths, drainage reserves

Council property adjoining the construction site must be fully supported at all times during all excavation and construction works. Details of shoring, propping and anchoring of works adjoining Council property, prepared by a qualified structural engineer or geotechnical engineer, must be submitted to and approved by the Principal Certifying Authority (PCA), before the commencement of the works. A copy of these details must be forwarded to Council. Backfilling of excavations adjoining Council property or any void remaining at completion of construction between the building and Council property must be fully compacted prior to the completion of works.

Reason: To protect Council’s infrastructure.

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

21. Consolidation of lots

Prior to issue of the Construction Certificate, the applicant must consolidate the existing Torrens Title lots which will form the development site. Evidence of lot consolidation, in the form of a plan registered with Department of Lands, must be submitted to the Principal Certifying Authority.

Reason: To ensure continuous structures will not be placed across boundaries.

22. Road traffic noise

Prior to the issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the development has been designed such that road traffic noise from Boundary Street is mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102 subdivision 2 of State Environmental Planning Policy (Infrastructure) 2007.

Reason: To comply with EPA requirements.

23. Gutter crossing

The design and construction of the gutter crossing on Boundary Road shall be in accordance with Roads and Maritime Services (RMS) requirements. Details of these requirements should be obtained from RMS' Project Services Manager, Traffic Projects Section, Parramatta.

Detailed design plans of the proposed gutter crossing are to be submitted to RMS for approval prior to the commencement of any road works.

It should be noted that a plan checking fee (amount to be advised) and lodgment of a performance bond may be required from the applicant prior to the release of the approved road design plans by RMS.

Reason: To comply with RMS requirements for concurrence.

24. Vehicular access to and from development

All ingress and egress from Boundary Street shall be restricted to left turn movements only. Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the specific design of the driveway incorporates an angled physical barrier in the form of a raised concrete island to restrict vehicular movements to left in/left out and to prohibit right turn vehicular movements into and out of the development.

Reason: To maintain the classified road network capacity and efficiency.

25. Demolition traffic management plan

Prior to the issue of any Construction Certificate, the Principal Certifying Authority shall be satisfied that the Demolition Traffic Management Plan required by other conditions of this consent has been approved by Roads and Maritime Services.

Reason: To comply with the requirements of Roads and Maritime Services for concurrence.

26. Construction traffic management plan

A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council prior to the issue of a Construction Certificate by the Principal Certifying Authority.

Reason: To maintain the classified road network capacity and efficiency and to comply with RMS requirements for concurrence.

27. Sight distance

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that any proposed landscaping and/or fencing will not restrict sight distance to pedestrians and cyclists travelling along the footpath of Boundary Street.

Reason: To maintain pedestrian safety.

28. Geotechnical and Structural Report

Prior to the issuing of a Construction Certificate the applicant shall prepare and provide to RailCorp for approval/certification the following items:

1. A final detailed Geotechnical and Structural report/drawings that meet RailCorp’s requirements. The Geotechnical Report must be based on actual borehore testing conducting on the site closet to the rail corridor.

2. Final construction methodology with construction details pertaining to structural support during excavation based on the Final Geotechnical Report. The Applicant is to be aware that RailCorp will not permit any rock anchors/bolts (whether temporary or permanent) within its land or easements.

The applicant is also advised that the following will be required:

a. Final cross sectional drawing showing ground surface, rail tracks, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the Rail Corridor.

b. If required by RailCorp, an FE analysis which assesses the different stages of loading-unloading of the site and its effect on the rock mass surrounding the rail corridor.

c. If required by RailCorp, a tunnel/track monitoring plan (including instrumentation and the monitoring regime during excavation and construction phases).

d. If required by RailCorp, a Rail Safety Management Plan and Construction Vibration Management Plan

e. Machinery to be used during excavation/construction.

The Principle Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has been satisfied.

Any conditions issues as part of RailCorp’s approval/certification of the above documents will also form part of the consent conditions that the Applicant is required to comply with.

Reason: To satisfy RailCorp’s requirements.

29. Acoustic assessment

An acoustic assessment assessing rail noise and vibration from the adjoining rail tunnel is to be submitted to Council prior to the issue of a Construction Certificate demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads Interim Guidelines.” The Applicant must incorporate in the development all measures recommend in the report.

Reason: To satisfy RailCorp’s requirements.

30. Electrolysis Risk Assessment

Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

Reason: To protect the amenity of future occupants from stray currents.

31. Safe Work Method Statement

Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to RailCorp for review and comment on the impacts on rail corridor. The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has been satisfied.

Reason: To ensure no adverse impacts upon the rail corridor.

32. Demolition safety/vibration/movement control plan

Prior to the issue of a Construction Certificate a demolition safety/vibration/movement control plan is to be submitted to RailCorp for review and endorsement. The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has been satisfied.

Reason: To satisfy RailCorp’s requirements.

33. Aerial Operations

Prior to the issuing of a Construction Certificate the Applicant is to submit to RailCorp a plan showing all craneage and other aerial operations for the development and must comply with all RailCorp requirements. The Principal Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has been satisfied.

Reason: To ensure the use of machinery does not interfere with the rail corridor.

34. Privacy screen

Amended plans and specifications are required to be submitted prior to the issue of a Construction Certificate showing horizontal privacy screens 1.5 metres in height above the finished floor level of the balconies associated with units 36, 37, 48, 49, 53. The combined height of the screen may be inclusive of the balustrade if it is solid.

Reason: To maintain privacy to the swimming pool area of 11 Victoria Street.

35. Amendments to approved landscape plan

Plan no.	Drawn by	Dated
L01A	Jane Britt Design	25/02/2012

The above landscape plan(s) shall be amended in the following ways:

· The proposed planting of Eucalyptus saligna (Sydney Blue Gum) adjacent to the western site boundary are to be amended and replaced with exotic tree species capable of attaining a minimum height of 13.0m eg Nyssa sylvatica (Tupelo), Ulmus parvifolia (Chinese Elm), Ginkgo biloba (Maidenhair Tree), Michelia champaca (Golden Champa), or similar.

· The proposed lawn areas within the private courtyards of Units 3, 4 & 5 is to be deleted and replaced with paving.

· For landscape amenity the private courtyard areas for units 3, 4 & 5 is to be reduced to the basement line consistent with the Ground Floor Plan DA02’E’ by Gelder Architects. The courtyard fence is to be relocated to be on top of the retaining wall.

· For resident and neighbour amenity an additional deciduous tree eg Pyrus nivalis (Snow Pear), Pyrus usseriensis (Manchurian Pear) is to be planted centrally adjacent to the private courtyards of Units 3 & 4 within the communal garden area, between the courtyard fence and the proposed path.

· For resident and neighbour amenity the proposed planting of a Lagerstroemia ‘Natchez’ (Crepe Myrtle) to the north of Unit 5 is to be amended to an Angophora costata (Sydney Redgum).

· The proposed planting of Acmena smithii (Lillypilly) when used as a screening hedge is to be replaced with a hybrid Lillypilly shrub species.

· The proposed planting of Phormium ‘Purpureum’ immediately adjacent to the western site boundary is to be replaced with an evergreen shrub species capable of attaining a height of 4.0m eg Camellia sasanqua (Chinese Camellia), Viburnum odoritissimum (Sweet Viburnum).

· A timer paling fence 1.8 metres in height is to be provided along the rear northern boundary. No gates are permitted within the fence to provide pedestrian access to the right of way. Consent is not granted to the pedestrian access to the right of way.

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended as 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

36. Materials and Finishes

Prior to the issue of a Construction Certificate, an amended schedule of materials and finishes is to be submitted to the Principal Certifying Authority. The schedule should include the following:

(a) The smooth faced stone shall be replaced with rock faced sandstone

(b) The rendered walls using Dulux ‘Soft Dove’ shall be replaced with a darker earthier tone such as Dulux ‘Pale Grey’, ‘Sandstone’, ‘Buff’ or ‘Deep Sienna’

(c) The windows are not to be white. The windows are to be consistent with the tone of the rendered walls as described in (b) but a shade lighter.

Reason: To ensure an acceptable aesthetic presentation in the streetscape.

37. Long service levy

Reason: Statutory requirement.

38. Builder’s indemnity insurance

Reason: Statutory requirement.

39. Outdoor lighting

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that all outdoor lighting will comply with AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Note: Details demonstrating compliance with these requirements are to be submitted prior to the issue of a Construction Certificate.

Reason: To provide high quality external lighting for security without adverse affects on public amenity from excessive illumination levels.

40. Air drying facilities

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that a common open space area dedicated for open air drying of clothes is provided. This area is to be located at ground level behind the building line and in a position not visible from the public domain.

In lieu of the above, written confirmation that all units will be provided with internal clothes drying facilities prior to the Occupation Certificate is to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason: Amenity & energy efficiency.

41. External service pipes and the like prohibited

Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building. Details confirming compliance with this condition must be shown on construction certificate plans and detailed with construction certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on construction certificate plans and detailed with construction certificate specifications. External vents or roof vent pipes must not be visible from any place unless detailed upon development consent plans. Where there is any proposal to fit external service pipes or the like this must be detailed in an amended development (S96) application and submitted to Council for determination.

Vent pipes required by Sydney Water must not be placed on the front elevation of the building or front roof elevation. The applicant, owner and builder must protect the appearance of the building from the public place and the appearance of the streetscape by elimination of all external services excluding vent pipes required by Sydney Water and those detailed upon development consent plans.

Reason: To protect the streetscape and the integrity of the approved development.

42. Access for people with disabilities (residential)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities to and from and between the public domain, residential units and all common open space areas is provided. Consideration must be given to the means of dignified and equitable access.

Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act, and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.

Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.

43. Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application, 4,10, 16, 22, 36, 42 are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.

Note: Evidence from an appropriately qualified professional demonstrating compliance with this control is to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

Reason: Disabled access & amenity.

44. Excavation for services

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that no proposed underground services (ie: 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.

45. Recycling and waste management

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the development provides a common garbage collection/separation area sufficient in size to store all wheelie garbage bins and recycling bins provided by Council for the number of units in the development in accordance with DCP 40. The garbage collection point is to be accessible by Council’s Waste Collection Services.

The responsibility for:

· the cleaning of waste rooms and waste service compartments; and

· the transfer of bins within the property, and to the collection point once the development is in use.

shall be determined when designing the system and clearly stated in the Waste Management Plan.

Note: The architectural plans are to be amended and provided to the Certifying Authority.

Reason: Environmental protection.

46. Noise from road and rail (residential only)

Prior to the issue of the Construction Certificate, the Certifying Authority shall submit evidence to Council demonstrating that the development will be acoustically designed and constructed to ensure that the following LAeq levels are not exceeded:

(a) in any bedroom in the building—35 dB(A) at any time between 10 pm and 7 am,

(b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

Plans and specifications of the required acoustic design shall be prepared by a practicing acoustic engineer and shall be submitted to the Principal Certifying Authority.

Reason: To minimise the impact of noise from the adjoining road or rail corridor on the occupants of the development.

47. Noise from plant in residential zone

Prior to the issue of the Construction Certificate an acoustic design report shall be prepared by an appropriately qualified acoustic consultant identifying all mechanical ventilation equipment and other noise generating plant including, but not limited to car park exhaust, proposed as part of the development. The report shall provide acoustic design detailing and recommendations to address any potential noise impacts to ensure that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the nearest adjoining residential property boundary and shall not be audible within a habitable room in any residential premises between the hours of 10.00pm and 7.00am.

Reason: To comply with best practice standards for residential acoustic amenity.

48. Location of plant (residential flat buildings)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.

C1. Note: Architectural plans identifying the location of all plant and equipment shall be provided to the Certifying Authority.

Reason: To minimise impact on surrounding properties, improved visual appearance and amenity for locality.

49. Basement car parking details

Prior to issue of the Construction Certificate, certified parking layout plan(s) to scale showing all aspects of the vehicle access and accommodation arrangements must be submitted to and approved by the Certifying Authority. A qualified civil/traffic engineer must review the proposed vehicle access and accommodation layout and provide written certification on the plans that:

· all parking space dimensions, driveway and aisle widths, driveway grades, transitions, circulation ramps, blind aisle situations and other trafficked areas comply with Australian Standard 2890.1 – 2004 “Off-street car parking”

· a clear height clearance of 2.6 metres (required under DCP40 for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement

· no doors or gates are provided in the access driveways to the basement car park which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area

· the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans

Reason: To ensure that parking spaces are in accordance with the approved development.

50. Car parking allocation

Car parking within the development shall be allocated in the following way:

Resident car spaces	57
Visitor spaces	14
Total spaces	71

Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 – parking spaces for people with disabilities.

At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 – parking spaces for people with disabilities.

Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.

Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with federal legislation.

51. Number of bicycle spaces

The basement car park shall be adapted to provide 18 bicycle spaces in accordance with DCP 55. The bicycle parking spaces shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.

Reason: To provide alternative modes of transport to and from the site.

52. Design of works in public road (Roads Act approval)

Prior to issue of the Construction Certificate, the Certifying Authority shall be satisfied that engineering plans and specifications prepared by a qualified consulting engineer have been approved by Roads and Maritime Services and Council’s Development Engineer. The plans to be assessed must be to a detail suitable for construction issue purposes and must detail the following infrastructure works required in Boundary Street:

· new vehicular crossing and driveway.

· changes to footpath to accommodate new driveway and maintain pedestrian access in Boundary Street.

Development consent does not give approval to these works in the road reserve. The applicant must obtain a separate approval under sections 138 and 139 of The Roads Act 1993 for the works in the road reserve required as part of the development. The Construction Certificate must not be issued, and these works must not proceed until Council has issued a formal written approval under the Roads Act 1993.

The required plans and specifications are to be designed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Roads Act approval issued by Council.

A minimum of three (3) weeks will be required for Council to assess the Roads Act application. Early submission of the Roads Act application is recommended to avoid delays in obtaining a Construction Certificate. An engineering assessment and inspection fee (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number and the approval of Roads and Maritime Services.

Reason: To ensure that the plans are suitable for construction purposes.

53. Energy Australia requirements

Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.

Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.

Reason: To ensure compliance with the requirements of Energy Australia.

54. 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.

55. Underground services

All electrical services (existing and proposed) shall be undergrounded from the proposed building on the site to the appropriate power pole(s) or other connection point. Undergrounding of services must not disturb the root system of existing trees and shall be undertaken in accordance with the requirements of the relevant service provided. Documentary evidence that the relevant service provider has been consulted and that their requirements have been met are to be provided to the Certifying Authority prior to the issue of the Construction Certificate. All electrical and telephone services to the subject property must be placed underground and any redundant poles are to be removed at the expense of the applicant.

Reason: To provide infrastructure that facilitates the future improvement of the streetscape by relocation of overhead lines below ground.

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

56. Infrastructure restorations fee

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

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.

e) In this condition:

Reason: To maintain public infrastructure.

57. Section 94 Contributions - Centres.

(For DAs determined on or after 19 December 2010)

This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:

Key Community Infrastructure	Amount
Local parks and local sporting facilities	$496,847.10
Local recreation and cultural facilities; Local social facilities	$82,851.86
Local roads, local bus facilities & local drainage facilities (new roads and road modifications)	$41,640.42
Local roads, local bus facilities & local drainage facilities (townscape, transport & pedestrian facilities)	$483,941.50
Total:	$1,105,280.88

The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.

The contributions specified above are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.

Ku-ring-gai Contributions Plan 2010 may be viewed at www.kmc.nsw.gov.au and at the Council Chambers.

Reason: To ensure the provision, extension or augmentation of the Key Community Infrastructure identified in Ku-ring-gai Contributions Plan 2010 that will, or is likely to be, required as a consequence of the development.

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

58. Prescribed conditions

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

Reason: Statutory requirement.

59. Hours of work

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.

60. Vibration

Vibration emitted from activities associated with the demolition, excavation, construction and fitout of buildings and associated infrastructure shall satisfy the values referenced in Table 2.2 of the DECC Environmental Noise Management Assessing Vibration a Technical Guideline'.

Reason: To protect the amenity of surrounding residents during the construction process.

61. Recycling of building materials (special condition)

During demolition and construction, the PCA shall be satisfied that in addition to building materials generally suitable for recycling being forwarded to an appropriate registered business dealing in recycling of materials the following materials have been retained on site and reused in landscaping or new building works:

Stone salvaged from footings and retaining walls.

Reason: To facilitate recycling of materials.

62. Road Occupancy Licence

A Road Occupancy Licence should be obtained from Transport for NSW, Traffic Management Centre, for any works that may impact in traffic flows in Boundary Street during construction activities. Application forms and information can be obtained from the Roads and Maritime Services website at http://www.rta.nsw.gov.au.

Reason: To comply with Roads and Maritime Services' requirements.

63. Vehicles entering the site

All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Boundary Street.

Reason: To reduce the impact of construction vehicles on existing road users as required by Roads and Maritime Services.

64. Signposting

All works/regulatory signposting associated with the proposed development are to be at no cost to Roads and Maritime Services.

Reason: To comply with Roads and Maritime Services' requirements.

65. Public Utility Works

The developer shall be responsible for all public utility adjustment/relocation works necessitated by the above work and as required by the various public utility authorities and/or their agents.

Reason: To comply with Roads and Maritime Services' requirements.

66. Piling and excavation works

All piling and excavation works with 25m of rail corridor are to be supervised by a geotechnical engineer experience with such excavation projects.

Reason: To satisfy RailCorp’s requirements.

67. Approved plans to be on site

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

68. Engineering fees

For the purpose of any development related inspections by Ku-ring-gai Council engineers, the corresponding fees set out in Councils adopted Schedule of Fees and Charges are payable to Council. A re-inspection fee per visit may be charged where work is unprepared at the requested time of inspection, or where remedial work is unsatisfactory and a further inspection is required. Engineering fees must be paid in full prior to any final consent from Council.

Reason: To protect public infrastructure.

69. Statement of compliance with Australian Standards

Reason: To ensure compliance with the Australian Standards.

70. Construction noise

During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with best practice objectives of AS 2436-2010 and NSW Department of Environment and Climate Change Interim Construction Noise Guidelines and the recommendations of the approved noise and vibration management plan.

Reason: To protect the amenity of surrounding residents during the construction process.

71. 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

· 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.

72. Dust control