Present:

The Mayor, Councillor E Malicki (Chairperson) (Comenarra Ward)

Councillor J Pettett (Comenarra Ward)

Councillor D Citer (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillors J Anderson & D Armstrong (Roseville Ward)

Councillor C Fornari-Orsmond (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Community (Janice Bevan)

Director Strategy & Environment (Andrew Watson)

Acting Director Corporate (John Giovinazzo)

Acting Manager Finance (Angela Apostol)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Sigrid Banzer)

368

Apologies

File: S02194

Councillor Cheryl Szatow tendered an apology for non-attendance [family reasons] and requested a leave of absence.

Councillor Duncan McDonald tendered an apology for non-attendance (illness) and requested a leave of absence.

Resolved:

(Moved: Councillors Fornari-Orsmond/Pettett)

That the apologies by Councillors Szatow and McDonald be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

369

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499

Resolved:

(Moved: Councillors Ossip/Fornari-Orsmond)

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 following Confidential reports and their respective attachments:

C.1      Open Space Acquisition - Roseville

C.2      Rembrandt Notes 2006 - 2 "SURF" CPDO

C.3      General Manager's Performance Agreement

B.     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 confidential attachments to the following General Business reports:

GB.5    5 -15 Boundary Street Roseville - Supplementary Report

Attachment 6:      Legal Advice from HWL Ebsworth dated 21 September 2012

Attachment 7:      Legal Advice from HWL Ebsworth dated 25 October 2012

Attachment 8:       Legal Advice from HWL Ebsworth dated 26 November 2012

GB.10  Easement at 6 - 8A Drovers Way, Lindfield

Attachment 2:      Confidential A2

Attachment 3:      Confidential A3

GB.11  Creation of a Temporary Easement/Licence on Council's Community Land at St Ives

Attachment 4:     A4 - Written request with financial offer

GB.12  Creation of an easement for drainage purposes over Council land, Lot 7 DP16246, Edenborough Road, Lindfield

Attachment 3:      Valuation report

GB.13  Tender T67/2012 - Road and Footpath Sweeping Contract

Attachment 1:      Tender Committee Summary Report

Attachment 2:      Evaluation Spreadsheet

Attachment 3:      Corporate Score Card Report - All Sweeper Hire Pty Ltd

Attachment 4:      Corporate Score Card Report - Specialised Pavement Services Pty Ltd

GB.14  Tender T65/2012 - Princes Street Neighbourhood Centre Upgrade Works

Attachment 1:      Tenders Received

CARRIED UNANIMOUSLY

Late Items:

Minutes of Ordinary Meeting of Council held 4 December 2012 - Minutes numbered 349 to 367.

Refer PT.1 - Petition to Rezone the Council-owned Car Park in Havilah Lane to be Operational and Facilitate the Commercial Redevelopment of Lindfield - (One Hundred and Thirty-six [136] Signatures)

Memorandums:

Minutes of Ordinary Meeting of Council held 20 November 2012 - Memorandum by Manager Records and Governance dated
10 December 2012 advising Councillors of the accuracy of the voting for Minute No 345 - Economic and Social Development Advisory
Committee - Appointment of Members.

Refer GB.5 - 5 -15 Boundary Street, Roseville - Supplementary Report - Memorandum from Director Development and Regulation dated 11 December 2012 advising Councillors of a late legal opinion submitted by the applicant on Monday, 10 December 2012.

Refer GB.5 - 5 -15 Boundary Street, Roseville - Supplementary Report - Memorandum from Director Development and Regulation dated 11 December 2012 advising Councillors of a typographical error in the recommendation on page 64 of the Council Meeting Business Paper in that the reference to "5-13 Boundary Street" in Part B of the recommendation is incorrect and should read "5-15 Boundary Street".

Councillors Information:

Bushfire Prone Land Maps - Memorandum from Manager Urban and Heritage Planning dated 11 December 2012 in answer to a Question Without Notice raised by Councillor David Ossip at the Ordinary Meeting of Council held on 4 December 2012

Traffic Flow along the Pacific Highway – Memorandum from Director operations dated 10 December 2012 in answer to a Question Without Notice raised by Councillor Duncan McDonald at the Ordinary Meeting of Council held on 4 December 2012.

Late Confidential Items:

Refer C.3 -General Manager's Performance Agreement - refer to item regarding Confidential Reports to be considered in Closed Meeting - Confidential Item circulated to Councillors ONLY

370

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 4 December 2012

Minutes numbered 349 to 367

Resolved:

(Moved: Councillors Berlioz/Armstrong)

That Minutes numbered 349 to 367 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Ordinary Meeting of Council held on 4 December 2012 and also included Minute No 351 [Vide Minute No 345] -Economic and Social Development Advisory Committee - Appointment of Members  of the Ordinary Meeting of Council held on 20 November 2012.

CARRIED UNANIMOUSLY

371

Petition to Council to Zone Council-owned Car Park in Havilah Lane as Operational and facilitate the Commercial Redevelopment of Lindfield - (Nineteen [19] Signatures)

File: S09449

Vide: PT.1

"We the residents of Ku-ring-gai listed below, petition the Council to rezone the Council-owned Car Park at 9 Havilah Lane, Lindfield to operational and allow its sale to facilitate the redevelopment of the Lindfield Avenue shops."

Resolved:

(Moved: Councillors Anderson/Armstrong)

That the petition be received and referred to the appropriate Officer of Council for attention.

CARRIED UNANIMOUSLY

372

28 Wolseley Road, Lindfield - Alterations and Additions to an Existing Dwelling including the Construction of a Cabana

File: DA0363/12

Vide: GB.4

To determine Development Application No DA0363/12 for alterations and additions to an existing dwelling including the construction of a Cabana at 28 Wolseley Road, Lindfield.

Resolved:

(Moved: Councillors Anderson/Armstrong)

That consideration of Development Application No DA0363/12 - Alterations and Additions to an existing dwelling including the construction of a Cabana at 28 Wolseley Road, Lindfield be deferred pending a site inspection.

For the Resolution:                 Councillors Armstrong, Citer, Ossip, Anderson, Berlioz and Fornari-Orsmond

Against the Resolution:           The Mayor, Councillor E Malicki and Councillor Pettett

373

Christmas/New Year Recess Delegations 2012/2013

File: CY00259/4

Vide: GB.3

To grant appropriate Delegations during the Christmas/New Year recess period for 2012/2013

Resolved:

(Moved: Councillors Anderson/Armstrong)

A.       That the following Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2011/2012 as follows:

1.       That the Mayor, Councillor Elaine Malicki, the Deputy Mayor, Councillor Cheryl Szatow and the General Manager, John McKee, be granted authority to exercise all powers, authorities, duties and functions of Council except those set out in Section 377 of the Local Government Act 1993 during the period 11 December 2012 to 5 February 2013, subject to the following conditions:

a.       Such powers, authorities and functions may only be exercised by unanimous agreement between the Mayor, Deputy Mayor and General Manager.

b.       Any such power, authority, duty or function shall only be exercised by the Mayor, Deputy Mayor and General Manager jointly where they are of the opinion that the exercise of any such power, authority, duty or function could not be deferred until the meeting of Council on 5 February 2013.

B.       That consultation, subject to their availability, be held with Ward Councillors on matters where they would normally be contacted before delegation is exercised.

CARRIED UNANIMOUSLY

374

55 Killeaton Street, St Ives - Demolition of Existing Structures and Construction of Six (6) Dwellings - SEPP (Housing for Seniors or People with a Disability)

File: DA0262/12

Vide: GB.6

Demolition of existing structures and construction of six (6) dwellings – SEPP (Housing for seniors or people with a disability).

Resolved:

(Moved: Councillors Anderson/Berlioz)

PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

THAT the Council, as the consent authority, grant development consent to DA0262/12 for demolition of existing structures and construction of six (6) dwellings pursuant to – SEPP (Housing for seniors or people with a disability) on land at 55 Killeaton Street, St Ives, 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:

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:

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.    Construction and traffic management plan

The applicant must submit to Council a Construction Traffic Management Plan (TMP), which is to be approved prior to the commencement of any works on site.

The plan is to consist of a report with Traffic Control Plans attached.

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

The report is to contain construction vehicle routes for approach and departure to and from all directions.

The report is 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. 

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

All demolition and construction vehicles should be contained wholly within the site as a work zone permit will not be approved on Killeaton Street due to its close proximity to the traffic signals and ‘No Parking’ restriction on Killeaton Street unless approved by Roads & Maritime Services.

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.

7a.   Construction Management Requirements - RMS

All demolition and construction vehicles should be contained wholly within the site as a work zone permit will not be approved on Killeaton Street due to its close proximity to the traffic. Signals.

All construction vehicles are to enter and leave the site in a forward direction.

All work associated with the proposed development is to be at no cost to the RMS.

Reason:  To ensure RMS requirements are satisfied.

8.    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.

9.    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.

10.   Tree protection fencing

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

Reason:      To protect existing trees during the construction phase.

11.   Tree protection fencing excluding structure

To preserve the following tree/s, no work shall commence until the area beneath their canopy excluding that area of the existing driveway shall be fenced off for the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area.  The fence/s shall be maintained intact until the completion of all demolition/building work on site:

Reason:      To protect existing trees during the construction phase.

12.   Tree protective fencing type galvanised mesh

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

Reason:     To protect existing trees during construction phase.

13.   Tree protection signage

Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction.  Each sign shall contain in a clearly legible form, the following information:

Tree protection zone.

·       This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted.

·       Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report.

·       The arborist's report shall provide proof that no other alternative is available.

·       The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council.

·       The name, address, and telephone number of the developer.

Reason:      To protect existing trees during the construction phase.

14.   Tree protection mulching

Prior to works commencing and throughout construction, the area of the tree protection zone is to be mulched to a depth of 100mm with composted organic material being 75% Eucalyptus leaf litter and 25% wood.

Reason:      To protect existing trees during the construction phase.

15.   Tree protection – avoiding soil compaction

To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) as per AS4970-2009 within the specified radius of the following tree/s is/are installed:

Reason:      To protect existing trees during the construction phase.

16.   Tree fencing inspection

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

Reason:      To protect existing trees during the construction phase.

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

17.   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:

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

·       The proposed masonry courtyard wall for Unit 6 is to be deleted, existing levels and grades retained and the fence constructed as a lightweight structure (as per arborist’s recommendations).

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.

18.   Amendments to approved architectural plan/s

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

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

·       The masonry courtyard wall for Unit 6 is to be deleted, existing levels and grades retained and the fence constructed as a lightweight structure (as per arborist’s recommendations).

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the architectural plans have been amended as required by this condition.

Note:     Amended plans, prepared by a suitably qualified professional shall be submitted to the Certifying Authority.

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

19.   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.

20.   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.

21.   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.

22.   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.

23.   Stormwater management plan

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scale construction plans and specifications in relation to the stormwater management and disposal system for the development. The plan(s) must be based on Stormwater Management Plans Job No. GO120189, Drawing No. C1 to C7 issue 2, dated September 2012, prepared by ACOR Appleyard Consultants Pty Ltd and must include the following detail:

·       exact location and reduced level of discharge point to the public drainage system

·       Layout of the property drainage system components, including but not limited to (as required) gutters, downpipes, spreaders,  pits, swales, kerbs, cut-off and intercepting drainage structures, subsoil drainage, flushing facilities and all ancillary stormwater plumbing - all designed for a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence)

·       location(s), dimensions and specifications for the required rainwater storage and reuse tanks and systems and where proprietary products are to be used, manufacturer specifications or equivalent shall be provided

·       specifications for reticulated pumping facilities (including pump type and manufacturer specifications) and ancillary plumbing to fully utilise rainwater in accordance with Ku-ring-gai Council Development Control Plan 47 and/or BASIX commitments

·       details of the required on-site detention tanks required by Ku-ring-gai Water Management DCP 47, including dimensions, materials, locations, orifice and discharge control pit details as required (refer Chapter 6 and Appendices 2, 3 and 5 of DCP 47 for volume, PSD and design requirements)

·       the required basement stormwater pump-out system is to cater for driveway runoff and subsoil drainage (refer appendix 7.1.1 of Development Control Plan 47 for design)

The above construction drawings and specifications are to be prepared by a qualified and experienced civil/hydraulic engineer in accordance with Council’s Water Management Development Control Plan 47, Australian Standards 3500.2 and 3500.3 - Plumbing and Drainage Code and the Building Code of Australia.

Reason:      To protect the environment.

24.   Stormwater retention / detention

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

1.     A mandatory rainwater retention and re-use system, comprising storage tanks and ancillary plumbing is provided. The minimum total storage volume of the rainwater tank system, and the prescribed re-use of the water on site must satisfy all relevant BASIX commitments and the requirements specified in Chapter 6 of Ku-ring-gai Water Management Development Control Plan 47; and

2.     An on-site stormwater detention system must be provided to control the rate of runoff leaving the site. The minimum volume of the required on-site detention system must be determined in accordance with Chapter 6 of the Ku-ring-gai Council Water Management Development Control Plan 47 - having regard to the specified volume concession offered in lieu of installing rainwater retention tanks. The on-site detention system must be designed by a qualified civil/hydraulic engineer and must satisfy the design controls set out in Appendix 5 of DCP 47.

Reason:      To protect the environment.

24a. Stormwater discharge

Council should ensure that post-development storm water discharge from the subject site into the RMS drainage system does not exceed the pre-development discharge. Should there be changes to RMS drainage system then detailed design plans and hydraulic calculations of the stormwater drainage system are to be submitted to RMS for approval, prior to the commencement of any works.

Details should be forwarded to:

The Sydney Asset Management

Roads and Maritime Services

P0 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 the RMS Project Engineer, External Works -on (02) 8849 2114 or fax (02) 8849 2766.

Reason:  Satisfy requirements by RMS.

25.   Paving near trees

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that paving works within the specified radius of the trunk/s of the following tree/s will be of a type and construction to ensure that existing water infiltration and gaseous exchange to the tree/s root system is maintained:

Note:     Details of the paving prepared by a suitably qualified professional shall be submitted to the Principal Certifying Authority.

Reason:      To protect existing trees.

26.   Noise from plant in residential zone

Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied 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 site’s boundaries and shall not exceed the background level at night (10.00pm –6.00 am) when measured at the boundary of the site.

C1.  Note:  A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.

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

27.   Driveway crossing levels

Prior to issue of the Construction Certificate, driveway and associated footpath levels for any new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Ku-ring-gai Council. Such levels are only able to be issued by Council under the Roads Act 1993.  All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings".

Specifications are issued with alignment levels after completing the necessary application form at Customer Services and payment of the assessment fee. When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant development application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment.

This development consent is for works wholly within the property. Development consent does not imply approval of footpath or driveway levels, materials or location within the road reserve, regardless of whether this information is shown on the development application plans. The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements.  The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.

The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.

Reason:      To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.

28.   Drainage of paved areas

All new exposed impervious areas graded towards adjacent property and/or habitable areas are to be drained via the main drainage system. This may require the installation of suitable inlets pits, cut-off structures (e.g. kerb), and/or barriers that direct such runoff to the formal drainage system. Details of such measures shall be shown on the Construction Certificate drawings, to the satisfaction of the Certifying Authority.

Reason:      To control surface run off and protect the environment.

29.   Vehicular access and garaging

Driveways and vehicular access ramps must be designed not to scrape the underside of cars. In all respects, the proposed vehicle access and accommodation arrangements must be designed and constructed to comply with Australian Standard 2890.1 – 2004 “Off-Street car parking”. Details are to be provided to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

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

30.   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.

31.   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.

31a. Swept paths - RMS

The swept path of the longest vehicle (including garbage trucks) entering and exiting the subject site, as well as manoeuvrability through the site and loading area, shall be in accordance with AUSTROADS. In this regard, a plan shall be submitted to Council for approval, which shows that the proposed development complies with this requirement.

Reason:  To ensure requirements of RMS are satisfied.

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

32.   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.

33.   Section 94 Development Contributions - Non-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:

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 may vary at the time of payment 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.

Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.

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:

34.   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.

35.   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.

36.   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.

37.   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.

38.   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.

39.   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.

40.   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.

41.   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.

42.   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.

43.   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.

44.   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.

45.   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.

46.   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.

47.   Drainage to street

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the street drainage system.  New drainage line connections to the street drainage system shall conform and comply with the requirements of Sections 5.3 and 5.4 of Ku-ring-gai Water Management Development Control Plan No. 47.

Reason:      To protect the environment.

48.   Grated drain at garage

A 200mm wide grated channel/trench drain, with a heavy-duty removable galvanised grate is to be provided in front of the garage door/basement parking slab to collect driveway runoff. The channel drain shall be connected to the main drainage system and must have an outlet of minimum diameter 150mm to prevent blockage by silt and debris.

Reason:      Stormwater control.

49.   Sydney Water Section 73 Compliance Certificate

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

Reason:      Statutory requirement.

50.   Arborist’s report

The tree/s to be retained shall be inspected, monitored and treated by an AQF5 Arborist during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the Arborist to the Principal Certifying Authority is required at the following times or phases of work:

Reason:      To ensure protection of existing trees.

51.   Treatment of tree roots

If tree roots are severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced AQF3 Arborist/Horticulturist.  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 – Pruning of Amenity Trees.

Reason:      To protect existing trees.

52.   Cutting of tree roots

No tree roots of 30mm or greater in diameter located within the specified radius of the trunk/s of the following tree/s shall be severed or injured in the process of any works during the construction period.  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 – Pruning of Amenity Trees:

Reason:      To protect existing trees.

53.   Approved tree works

Approval is given for the following works to be undertaken to trees on the site. All trees are to be clearly tagged and numbered consistent with the arborists report prior to the removal of any trees.

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Tree Preservation Order.

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

54.   Hand excavation

All excavation within the specified radius of the trunk/s of the following tree/s shall be hand dug:

Reason:      To protect existing trees.

55.   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.

56.   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.

57.   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.

58.   Driveway removal/tree protection

To minimise adverse impacts to retained trees the following is to be undertaken;

·       The existing concrete driveway be removed in sections using small plant eg bobcat and hand tools under the direct supervision of the AQF5 project arborist

·       Existing roots under the driveway shall be covered with a minimum of 75mm depth of moistened washed river sand or soil mix to prevent drying out and desiccation until the final soil mix and mulch is added to the area.

Reason:      To protect existing trees.

59.   Existing driveway/site access

To minimise adverse impacts to existing trees, the existing concrete driveway is to be retained in situ until the completion of construction works for the new dwellings and the majority of landscape hard works.

Reason:      To protect existing trees.

60.   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.

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

61.   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.428869M_02 have been complied with.

Reason:      Statutory requirement.

62.   Mechanical ventilation

Following completion, installation and testing of all the mechanical ventilation systems, the Principal Certifying Authority shall be satisfied of the following prior to the issue of any Occupation Certificate:

1.      The installation and performance of the mechanical systems complies with:

·       The Building Code of Australia

·       Australian Standard AS1668

·       Australian Standard AS3666 where applicable

2.      The mechanical ventilation system in isolation and in association with other mechanical ventilation equipment, when in operation will not be audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest adjoining boundary.

Note:     Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

Reason:      To protect the amenity of surrounding properties.

63.   Completion of landscape works

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

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

64.   Retention and re-use positive covenant

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site stormwater retention and re-use facilities on the property.

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Water Management Development Control Plan No. 47). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

Registered title documents showing the covenants and restrictions must be submitted to and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason:      To protect the environment.

65.   Provision of copy of OSD designs if Council is not the PCA

Prior to issue of the Occupation Certificate, the following must be provided to Council’s Development Engineer:

·       A copy of the approved Construction Certificate stormwater detention/retention design for the site

·       A copy of any works-as-executed drawings required by this consent

·       The Engineer’s certification of the as-built system.

Reason:      For Council to maintain its database of as-constructed on-site stormwater detention systems.

66.   Certification of drainage works

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

·       the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans

·       the minimum retention and on-site detention storage volume requirements of BASIX and Ku-ring-gai Water Management Development Control Plan No. 47 respectively, have been achieved

·       retained water is connected and available for use

·       basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Appendix 7.1.1 of Ku-ring-gai Water Management Development Control Plan No. 47

·       all grates potentially accessible by children are secured

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

·       all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices

The rainwater certification sheet contained in Appendix 13 of the Ku-ring-gai Water Management Development Control Plan No. 47, must be completed and attached to the certification. Where an on-site detention system has been constructed, the on-site detention certification sheet contained in Appendix 4 of DCP 47 must also be completed and attached to the certification.

Note:     Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.

Reason:      To protect the environment.

67.   WAE plans for stormwater management and disposal (dual occupancy and above)

Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:

·       as built (reduced) surface and invert levels for all drainage pits

·       gradients of drainage lines, materials and dimensions

·       as built (reduced) level(s) at the approved point of discharge to the public drainage system

·       as built location and internal dimensions of all detention and retention structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site

·       the achieved storage volumes of the installed retention and detention storages and derivative calculations

·       as built locations of all access pits and grates in the detention and retention system(s), including dimensions

·       the size of the orifice or control fitted to any on-site detention system

·       dimensions of the discharge control pit and access grates

·       the maximum depth of storage possible over the outlet control

·       top water levels of storage areas and indicative RL’s through the overland flow path in the event of blockage of the on-site detention system

The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.

Reason:      To protect the environment.

68.   OSD positive covenant/restriction

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Council Water Management DCP 47). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason:      To protect the environment.

69.   Sydney Water Section 73 Compliance Certificate

Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority

Reason:      Statutory requirement.

70.   Reinstatement of redundant crossings and completion of infrastructure works

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:

·       new concrete driveway crossing in accordance with levels and specifications issued by Council

·       removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials)

·       full repair and resealing of any road surface damaged during construction

·       full replacement of damaged sections of grass verge to match existing

This inspection may not be carried out by the Private Certifier because restoration of Council property outside the boundary of the site is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (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. Repair works shall be at no cost to Council.

Reason:      To protect the streetscape.

71.   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.

72.   Mechanical ventilation

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that all mechanical ventilation systems are installed in accordance with Part F4.5 of the Building Code of Australia and comply with Australian Standards AS1668.2 and AS3666 Microbial Control of Air Handling and Water Systems of Building.

Reason:      To ensure adequate levels of health and amenity to the occupants of the building.

73.   Restriction on land title – seniors living development

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that restriction as to use of land under Section 88E of the Conveyancing Act 1919, has been created restricting the occupation of the premises to:

·      people 55 or over or people who have a disability

·      people who live with people 55 or over or people who have a disability

·      staff employed to assist in the administration of and provision of services to housing provided in this development

Reason:  To ensure that the development meets the provisions of the Seniors Living SEPP.

74.   Construction Standards - Housing for Seniors or People with a Disability.

Prior to the issue of an occupation certificate or occupation of the development (what ever comes first), certification shall be provided from an accredited access consultant to the certifying authority which demonstrates that the fit out and construction of the development satisfies the design criteria of SEPP (Housing for Seniors or People with a Disability) 2004.

Reason:   To ensure compliance with SEPP (Housing for Seniors or People with a Disability) 2004.

74a  Pedestrian and vehicular safety requirements - RMS

All pedestrian crossings on the subject site are to be clearly sign posted and marked on the road to ensure safety for pedestrians.

Vegetation and proposed landscaping/fencing must not hinder sight lines to and from the proposed access driveways to motorists, pedestrians and cyclists.

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

Reason:  To ensure requirements of RMS are satisfied.

Conditions to be satisfied at all times:

75.   SEPP Seniors Living Advertising

All advertising, signage, marketing or promotion of the sale of the dwellings in this development shall make clear reference to the fact that this is a SEPP Seniors Living development and that at least one occupier shall be aged 55 years or over or have a disability.

Reason:    To ensure that the development meets the provisions of the Seniors Living SEP

76.   Noise control – plant and machinery

All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays.  The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.

Reason:      To protect the amenity of surrounding residents.

77.   Car parking

At all times, the visitor car parking spaces are to be clearly identified and are to be for the exclusive use of visitors to the site. On site permanent car parking spaces are not to be used by those other than an occupant or tenant of the subject building. Any occupant, tenant, lessee or registered proprietor of the development site or part thereof shall not enter into an agreement to lease, license or transfer ownership of any car parking spaces to those other than an occupant, tenant or lessee of the building.  These requirements are to be enforced through the following:

·       restrictive covenant placed on title pursuant to Section 88B of the Conveyancing Act, 1919

·       restriction on use under Section 68 of the Strata Schemes (Leasehold Development) Act, 1986 to all lots comprising in part or whole car parking spaces

Reason:      To ensure adequate provision of visitor parking spaces.

78.     Servicing of Waste Bins

On the night prior to the waste bins being serviced by Council, the occupiers of each unit are place to the waste receptacles out the front of each unit for servicing. Where the resident is unable to undertake this, it is the responsibility of the sites owner or body corporate to undertake this.

Reason: To ensure the amenity of the development.

79.   Outdoor lighting

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Reason:  To protect the amenity of surrounding properties.

CARRIED UNANIMOUSLY

375

Community Energy Efficiency Program

File: S02679

Vide: GB.9

To seek Council’s endorsement to submit a grant application to the Commonwealth Government, under the Community Energy Efficiency Program (CEEP), for energy efficiency measures as part of the building and office refurbishment of 828 Pacific Highway, Gordon.

Resolved:

(Moved: Councillors Anderson/Fornari-Orsmond)

That Council endorses a grant application submission to the Commonwealth Government, under the Community Energy Efficiency Program (CEEP), for energy efficiency measures as part of the building and office refurbishment of 828 Pacific Highway, Gordon.

CARRIED UNANIMOUSLY

376

Creation of a Temporary Easement/Licence on Council's Community Land at St Ives

File: S04988

Vide: GB.11

For Council to consider a request for the installation of temporary rock anchors into Council-owned land at 210 Mona Vale Road, St Ives, being Lot 12 DP29167.

Resolved:

(Moved: Councillors Anderson/Berlioz)

A.     That Council approve the easement/licence for the installation of temporary rock anchors into council owned land at 210 Mona Vale Road, St Ives, being Lot 12 DP29167.

B.     That Council accept the compensation amount as determined by the valuation and the applicant is to be responsible for all costs associated with the creation and registration of the easement/licence.

C.     That Council authorise the Mayor and General Manager to execute all associated documentation for the creation and registration of the easement/licence.

D.     That Council authorise the affixing of the Common Seal to the documentation associated with the creation and registration of the easement/licence.

CARRIED UNANIMOUSLY

377

Creation of an Easement for Drainage Purposes over Council Land, Lot 7 DP16246, Edenborough Road, Lindfield

File: DA0580/09

Vide: GB.12

To seek approval to create an easement for drainage purposes over Council land described as Lot 7 DP16246, Edenborough Road, Lindfield (Edenborough Park).

Resolved:

(Moved: Councillors Anderson/Armstrong)

A.     That Council approve the creation of an easement over Lot 7 DP16246, Edenborough Road, Lindfield, benefiting Lot 4 DP438604 and Lot B DP418739.

B.     That Council request the applicant to submit an amended easement plan, Section 88B Instrument and Administration Sheet.

C.     That Council accept the compensation amount and the applicant to be responsible for all costs associated with the creation and registration of the easement.

D.     That Council authorise the Mayor and General Manager to execute all associated documentation for the creation and registration of the easement.

E.     That Council authorise the affixing of the Common Seal to the documentation associated with the creation and registration of the easement.

CARRIED UNANIMOUSLY

378

Tender T67/2012 - Road and Footpath Sweeping Contract

File: S09498/2

Vide: GB.13

To consider the tenders received for the supply of road and footpath cleaning service contract and appoint the preferred tenderer.

Resolved:

(Moved: Councillors Anderson/Pettett)

A.     That Council accepts the tender from Specialised Pavement Services Pty Ltd to carry out the road and footpath cleaning contract for seven (7) years with a three (3) year option to extend.

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

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

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

CARRIED UNANIMOUSLY

379

Tender T65/2012 - Princes Street Neighbourhood Centre Upgrade Works

File: S09415

Vide: GB.14

To consider the tenders received for Princes Street Neighbourhood Centre Upgrade, Turramurra.

Resolved:

(Moved: Councillors Ossip/Fornari-Orsmond)

A.    That Council decline to accept any of the tender submissions for T65/2012 Princes Street Neighbourhood Centre Upgrade Works on the basis all tenders received are above Council’s funds for the project.

B.    That Council approve the work to be broken into separate components with contractors, to be appointed, utilising quotations already received for the relocation of Telstra cables and pits, and relocation of underground electricity cables.

C.    That the remaining works be re-tendered through an open tender process following completion of the utility relocation works.

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

CARRIED UNANIMOUSLY

380

Open Space Acquisition - Roseville

File: S04601

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)(c), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(c) of the Act permits the meeting to be closed to the public in respect of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

The matter is classified confidential because it deals with the proposed acquisition and/or disposal of property.

It is not in the public interest to release this information as it would prejudice Council’s ability to acquire and/or dispose of the property on appropriate terms and conditions.

Report by Acting Director Strategy and Environment (Deborah Silva) dated 3 December 2012

Resolved:

(Moved: Councillors Anderson/Armstrong)

That Council proceed in the manner recommended in the report.

CARRIED UNANIMOUSLY

381

General Manager's Performance Agreement

File: CY00254/4

Vide: C.3

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)(a), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).

Confidential Mayoral Minute by the Mayor, Councillor Elaine Malicki dated 4 December 2012

Resolved:

Moved: Councillors Ossip/Armstrong

A.     That Council receive and accept the Committee’s report.

B.     That the General Manager and his staff be commended for their good work.

C.     That the Mayor and General Manager sign and date the Performance Agreement as official record of the monitoring period for the 2012/2013 year, with one copy of the document held in the Mayor’s file and the other copy given to the General Manager.

CARRIED UNANIMOUSLY

382

5 -15 Boundary Street Roseville - Supplementary Report

File: DA0053/12

Vide: GB.5

The following members of the public addressed Council:

L Priddle

G Boston

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 at 5 -15 Boundary Street, Roseville.

Resolved:

(Moved: Councillors Ossip/Anderson)

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, but the Council, as the responsible authority is not 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, refuse to 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 – 15 Boundary Street, Roseville for the following reasons:

PROHIBITED DEVELOPMENT

The development is prohibited by Clause 13(1) of the KSPO.

Particulars

(a)     The proposal seeks consent to carry out works of a permanent character on land reserved for the purposes of widening of existing country roads. The proposal includes landscaping works and retaining structures upon 5, 7, 9, 11 and
15 Boundary Street where the land is reserved for road widening.

(b)     Clause 13(1) of the KPSO prohibits works of a permanent character on an area so reserved, subject to Clause 13(2).

(c)     Clause 13(2) provides that such works may be carried out where it appears to the responsible authority that the purpose for which the land is reserved cannot be carried into effect within a reasonable time after the appointed day.

(d)     The appointed day is 1 October 1971.

(e)     Lot 19 within DP 1143956 is not a public road. Lot 19 within DP 1143956 was not compulsorily acquired for the purposes of the Roads Act 1993.

(f)      A relevant opinion for the purposes of Clause 13(2) has not been formed.

(g)     Ku-ring-gai Council as consent authority is the responsible authority for the purposes of Clause 13(2).

(h)     An opinion that the purpose for which the reserved land cannot be carried into effect within a reasonable time of the appointed day is not formed for the following reasons:

·        The road reserve is for the purpose of “widening of existing county roads”

·        The RMS advice dated 4 September 2012 indicates it is currently developing a road widening project in Boundary Street, Roseville. The RMS has indicated construction will commence in March 2014.

·        In November 2012, the Roads and Maritime Authority released a community update brochure of the concept design for the road widening of Boundary Street seeking public comment.

CARRIED UNANIMOUSLY

383

100 Eton Road, Lindfield - Construction of a 2 Storey Residential Flat Building containing 23 Units with Basement Car Parking and Associated Site Works and Landscaping

File: DA0270/12

Vide: GB.7

The following members of the public addressed Council:

D Robinson

P Wells

S Collins

Construction of a two storey residential flat building for 23 units with basement car parking and associated site works and landscaping.

Councillor Ossip withdrew during discussion

Resolved:

(Moved: Councillors Anderson/Pettett)

A.       THAT Council, as the consent authority, grant development consent to DA0270/12 for the construction of a two storey residential flat building containing 23 units, including ancillary site works, basement and landscaping on land at 100 Eton Road, Lindfield for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

The conditions of consent are as follows:

1.     Approved architectural plans and documentation

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

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

2.     Inconsistency between documents

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

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

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

3.     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.

4.     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.

5.     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.

6.     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

·          Grosvenor Road, Austral Avenue, Eton Road (Austral Avenue to site entrance).

·          Road 1 from Eton Road to Road 2.

·          Road 2 from Road 1 to the Precinct 1A site access point.

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.

7.     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:

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.

8.     Construction and traffic management plan

The applicant must submit to Council a Construction Traffic Management Plan (CTMP), which is to be approved prior to the commencement of any works on site.

The plan is to consist of a report with Traffic Control Plans attached.

The report is 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 report is to contain construction vehicle routes for approach and departure to and from all directions.

The report is 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:

o    Excavation

o    Concrete pour

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. 

When a satisfactory CTMP is received, a letter of approval will be issued with conditions attached.  Traffic management at the site must comply with the approved CTMP as well as any conditions in the letter issued by Council.  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.

9.     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.

10.   Tree protection fencing/ground protection

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

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacing’s and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing. Ground protection shall be in accordance with AS4970-2009 Protection of trees on development sites.

Reason : To protect existing trees during construction phase

11.   Tree fencing inspection

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

Reason:    To protect existing trees during the construction phase.

12.   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.

13.   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.

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

14.   Amendments to approved landscape plans

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

The following changes are required to the Landscape Plan:

1.   The proposed plant species to the raised planters and building surrounds are to be amended to be in accordance with the low screening shrubs and groundcovers shown on the Landscape Sections, Turf Design, P1A_DA-L-7/B and P1A_DA-L-8/B, 6/09/12 and in accordance with the letter from the bush fire consultant, Eco Logical, dated 16 October 2012.

2.   The proposed planting of Tristaniopsis laurina are to be substituted with a species representative of the dry sandstone ridgetop vegetation such as Elaeocarpus reticulatus or similar.

3.   Landscape plans to include levels of proposed drainage pits.

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

15.   Amendments to approved engineering plans

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

The above engineering plan(s) shall be amended as follows:

1.     An alternative failsafe overflow such as a high-level overflow is to be provided for the detention system, to prevent surcharging into the barbecue area through the grate at RL66.50.

2.     Section 1 is to be developed to reflect the actual proposed ground levels at the pit lids and the correct orifice plate and discharge control pit configuration.

The above amendments are required to ensure compliance with Ku-ring-gai Water Management Development Control Plan 47 and the approved landscape plan.

Note:              An amended engineering plan, prepared by a qualified engineer shall be submitted to the Certifying Authority.

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

16.   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.

17.   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.

18.   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.

19.   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.

20.   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, G.02, G.08 & 1.08 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.

21.   Stormwater management plan

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scale construction plans and specifications in relation to the stormwater management and disposal system for the development. The plan(s) must be in accordance with Bonacci Group Drawings 20 0127501C SK05 P4 and SK07 P3 and must also include the following detail:

·      the required basement stormwater pump-out system is to cater for subsoil drainage and driveway runoff in the event that the grated drain becomes blocked or its capacity is exceeded. (refer appendix 7.1.1 of Development Control Plan 47 for design)

Reason:    To protect the environment.

22.   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.

23.   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 carpark 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.

24.   Vehicular access and garaging

Driveways and vehicular access ramps must be designed not to scrape the underside of cars. In all respects, the proposed vehicle access and accommodation arrangements must be designed and constructed to comply with Australian Standard 2890.1 – 2004 “Off-Street car parking”. Details are to be provided to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

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

25.   Car parking allocation

Car parking required for the development shall be allocated in the following way:

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.

26.   Number of bicycle spaces

The basement car park shall be adapted to provide 8 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.

27.   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.

28.   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):

29.   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.

30.   Bush fire risk certification

Bush fire protection measures shall be carried out in accordance with the following bush fire risk assessment, report and certificate, listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Prior to the issue of the construction certificate, the principal certifying authority must be satisfied that the construction certificate is in accordance with the recommendations of the report and certificate as listed above.

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

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

31.   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.

32.     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.

33.   Temporary irrigation

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

Reason:  To protect trees to be retained on site.

34.   Demolition of existing site structures

To preserve the health and condition of existing trees to be retained,  all demolition of existing building and landscape structures including tree removal, are to be undertaken within the access restricted to the existing roads and parking areas and in accordance with Section 2, Appendix 6 and Appendix 7, Arboricultural Impact Appraisal and Method Statement, Naturally Trees, 6/09/12. Where vehicular access is required across existing soft landscape area, temporary ground protection capable of supporting the vehicles is to be constructed in accordance with Section 4.5.3, AS4970-2009 Protection of trees on development sites.

Reason:       To protect trees to be retained on site.

35.   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.

36.   Construction noise

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

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

37.   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.

38.   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.

39.   Post-construction dilapidation report

The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:

·      compare the post-construction dilapidation report with the pre-construction dilapidation report

·      have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.

A copy of this report is to be forwarded to Council at the completion of the construction works.

Reason:         Management of records.

40.   Further geotechnical input

The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by Douglas Partners. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:

·      further geotechnical investigations and testing recommended in the above report(s) and as determined necessary

·      further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary

·      written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs

Reason:         To ensure the safety and protection of property.

41.   Compliance with submitted geotechnical report

A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee excavation.

Geotechnical aspects of the development work, namely:

·      appropriate excavation method and vibration control

·      support and retention of excavated faces

·      hydro-geological considerations

must be undertaken in accordance with the recommendations of the geotechnical report prepared by Douglas Partners. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Consultation should be held with Screen Australia regarding any specific vibration tolerances for their specialised equipment, as recommended in the geotechnical report.

Reason:         To ensure the safety and protection of property.

42.   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.

43.   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.

44.   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.

45.   Recycling of building material

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

Reason:         To facilitate recycling of materials.

Reason:         To ensure the ongoing safety and protection of property.

46.   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.

47.   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.

48.   Sydney Water Section 73 Compliance Certificate

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

Reason:         Statutory requirement.

49.   Arborist’s report

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

Reason:         To ensure protection of existing trees.

50.   Canopy/root pruning

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

Reason:         To protect the environment.

51.   Treatment of tree roots

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

Reason:         To protect existing trees.

52.   Hand excavation

All excavation except for basement and driveways within the specified radius of the trunk(s) of the following tree(s) shall be hand dug under the supervision of the Project Arborist.

Reason:         To protect existing trees.

53.   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.

54.   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.

55.   Canopy replenishment trees to be planted

All trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereafter 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.

56.   Survey and inspection of waste collection clearance and path of travel

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:

·      ascertain the reduced level of the underside of the slab at the driveway entry,

·      certify that the level is not lower than the level shown on the approved DA plans; and

·      certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area.

·      This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab.

·      No work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area.  This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

Reason:       To ensure access will be available for Council’s contractors to collect waste from the collection point.

57.   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.

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

58.   Construction of roads and stormwater infrastructure

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that Roads 2, 4A and 4B and stormwater pipework for Precinct 1 associated with DA0677/11 have been completed and that the subject development is connected to this infrastructure.

Reason:         To provide for legal and physical vehicular access and stormwater disposal.

59.   Easement for waste collection

Prior to issue of the Occupation Certificate, an easement for waste collection is to be created under Section 88B of the Conveyancing Act 1919. This is to permit legal access for Council, Council’s contractors and their vehicles over the subject property for the purpose of collecting waste from the property.  The terms of the easement are to be generally in accordance with Council’s draft terms for an easement for waste collection and shall be to the satisfaction of Council’s Development Engineer.

Reason:         To permit legal access for Council, Council’s contractors and their vehicles over the subject site for waste collection.

60.     Maintenance of water quality measures

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the water quality measures (Stormfilter cartridges) on the lot.

For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the cartridges, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason:         To protect the environment.

61.   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. 432458M_04 have been complied with.

Reason:         Statutory requirement.

62.   Clotheslines and clothes dryers

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the units either have access to an external clothes line located in common open space or have a mechanical clothes dryer installed.

Reason:         To provide access to clothes drying facilities.

63.   Mechanical ventilation

Following completion, installation and testing of all the mechanical ventilation systems, the Principal Certifying Authority shall be satisfied of the following prior to the issue of any Occupation Certificate:

1.     The installation and performance of the mechanical systems complies with:

·       The Building Code of Australia

·       Australian Standard AS1668

·       Australian Standard AS3666 where applicable

2.     The mechanical ventilation system in isolation and in association with other mechanical ventilation equipment, when in operation will not be audible within a habitable room in any other residential premises adjoining the development site before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit(s) outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest adjoining boundary.

Note:              Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

Reason:         To protect the amenity of surrounding properties.

64.   Completion of landscape works

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

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

65.   Completion of tree works

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

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

66.   Accessibility

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

·      the lift design and associated functions are compliant with AS 1735.12 & AS 1428.2

·      the level and direction of travel, both in lifts and lift lobbies, is audible and visible

·      the controls for lifts are accessible to all persons and control buttons and lettering are raised

·      international symbols have been used with specifications relating to signs, symbols and size of lettering complying with AS 1428.2

·      the height of lettering on signage is in accordance with AS 1428.1 – 1993

·      the signs and other information indicating access and services incorporate tactile communication methods in addition to the visual methods

Reason:         Disabled access & services.

67.   Retention and re-use positive covenant

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site stormwater retention and re-use facilities on the property.

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Water Management Development Control Plan No. 47). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

Registered title documents showing the covenants and restrictions must be submitted to and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason:         To protect the environment.

68.   Provision of copy of OSD designs if Council is not the PCA

Prior to issue of the Occupation Certificate, the following must be provided to Council’s Development Engineer:

·      a copy of the approved Construction Certificate stormwater detention/retention design for the site

·      a copy of any works-as-executed drawings required by this consent

·      the Engineer’s certification of the as-built system.

Reason:         For Council to maintain its database of as-constructed on-site stormwater detention systems.

69.   Certification of drainage works

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

·      the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans

·      the minimum retention and on-site detention storage volume requirements of BASIX and Ku-ring-gai Water Management Development Control Plan No. 47 respectively, have been achieved

·      retained water is connected and available for use

·      basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Appendix 7.1.1 of Ku-ring-gai Water Management Development Control Plan No. 47

·      all grates potentially accessible by children are secured

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

·      all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices

The rainwater certification sheet contained in Appendix 13 of the Ku-ring-gai Water Management Development Control Plan No. 47, must be completed and attached to the certification. Where an on-site detention system has been constructed, the on-site detention certification sheet contained in Appendix 4 of DCP 47 must also be completed and attached to the certification.

Note:              Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.

Reason:         To protect the environment.

70.     WAE plans for stormwater management and disposal (dual occupancy and above)

Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:

·      as built (reduced) surface and invert levels for all drainage pits

·      gradients of drainage lines, materials and dimensions

·      as built (reduced) level(s) at the approved point of discharge to the public drainage system

·      as built location and internal dimensions of all detention and retention structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site

·      the achieved storage volumes of the installed retention and detention storages and derivative calculations

·      as built locations of all access pits and grates in the detention and retention system(s), including dimensions

·      the size of the orifice or control fitted to any on-site detention system

·      dimensions of the discharge control pit and access grates

·      the maximum depth of storage possible over the outlet control

·      top water levels of storage areas and indicative RL’s through the overland flow path in the event of blockage of the on-site detention system

The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.

Reason:         To protect the environment.

71.   Basement pump-out maintenance

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a maintenance regime has been prepared for the basement stormwater pump-out system.

Note:              A maintenance regime specifying that the system is to be regularly inspected and checked by qualified practitioners is to be prepared by a suitable qualified professional and provided to the Principal Certifying Authority.

Reason:         To protect the environment.

72.   Sydney Water Section 73 Compliance Certificate

Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority

Reason:      Statutory requirement.

73.   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.

74.   Fire safety certificate

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a Fire Safety Certificate for all the essential fire or other safety measures forming part of this consent has been completed and provided to Council.

Note:              A copy of the Fire Safety Certificate must be submitted to Council.

Reason:         To ensure suitable fire safety measures are in place.

Conditions to be satisfied at all times:

Reason:      To protect the amenity of surrounding properties.

75.   Car parking

At all times, the visitor car parking spaces are to be clearly identified and are to be for the exclusive use of visitors to the site. On site permanent car parking spaces are not to be used by those other than an occupant or tenant of the subject building. Any occupant, tenant, lessee or registered proprietor of the development site or part thereof shall not enter into an agreement to lease, license or transfer ownership of any car parking spaces to those other than an occupant, tenant or lessee of the building. 

The use of Visitor’s Spaces and Tenant Spaces are to be protected and are to be enforced through the following:

·          restrictive covenant placed on title pursuant to Section 88B of the Conveyancing Act, 1919

·          restriction on use under Section 39 of the Strata Schemes (Freehold Development) Act, 1973  to all lots comprising in part or whole car parking spaces

Reason:         To ensure car parking is available for residents and their visitor’s.

76.   Concept approval

All works associated with the development and its ongoing use shall have regard to, and be undertaken in accordance with the Conditions and supporting documentation of Concept Approval MP06_0130.

Reason:   To ensure compliance with the Concept Approval.

CARRIED UNANIMOUSLY by those present

384

Councillor Representation on KOPWA Board

File: S03086

Vide: GB.1

To provide Councillors information in relation to its Councillor nomination to KOPWA (formerly Ku-ring-gai Old People's Welfare Association).

Resolved:

(Moved: Councillors Anderson/Fornari-Orsmond)

That Council receive and note the report.

CARRIED UNANIMOUSLY

385

Investment Report as at 30 November 2012

File: S05273

Vide: GB.2

To present to Council investments portfolio performance for November 2012.

Resolved:

(Moved: Councillors Ossip/Berlioz)

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

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

CARRIED UNANIMOUSLY

386

Ku-ring-gai Bicycle Plan

File: S02777

Vide: GB.8

To consider the submissions from the public exhibition of the draft Ku-ring-gai Bicycle Plan.

Resolved:

(Moved: Councillors Fornari-Orsmond/Citer)

A.     That the Ku-ring-gai Bicycle Plan be adopted, to guide the provision of cycling facilities and to support a culture of cycling in Ku-ring-gai.

B.     That the Ku-ring-gai Bicycle Plan be used as a tool to lobby for regional and state cycling improvements and funding opportunities.

C.     That persons who made a submission during the exhibition be notified of Council’s decision.

CARRIED UNANIMOUSLY

387

Easement at 6 - 8A Drovers Way, Lindfield

File: DA0085/12

Vide: GB.10

To consider a request in relation to the extinguishment of the existing easement and creation of a new easement at 6 - 8A Drovers Way, Lindfield, benefiting Council for drainage purposes.

Resolved:

(Moved: Councillors Anderson/Armstrong)

A.     That the General Manager is delegated to negotiate Council’s requirements including compensation for the extinguishment of the existing easement and creation of the new easement at 6 – 8A Drovers Way Lindfield.

B.     Subject to the General Manager completing negotiations that Council grant approval for the extinguishment of the existing easement and creation of the new easement at 6 – 8A Drovers Way, Lindfield.

C.     That authority is given to the General Manager and the Mayor to affix the Common Seal of the Council to the Instrument for the release of the easement and creation of the new easement any other relevant documents.

CARRIED UNANIMOUSLY

388

Draft Pymble Business Park Development Control Plan- Exhibition

File: S09007

Vide: GB.15

To have Council consider the Draft Pymble Business Park Development Control Plan for public exhibition.

Resolved:

(Moved: Councillors Fornari-Orsmond/Berlioz)

A.     That Council adopt the Draft Development Control Plan - Pymble Business Park for exhibition.

B.     That the Draft Development Control Plan - Pymble Business Park be exhibited in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and Regulations.

C.     A report is brought back to Council at the conclusion of the exhibition period.

CARRIED UNANIMOUSLY

389

Request for a Pedestrian Bridge over Pacific Highway at Lindfield

File: S09064

Vide: QN.1

Question Without Notice from Councillor Jennifer Anderson

I refer to a recent Community Ideas Forum held in Lindfield at which residents called for a pedestrian bridge over the Pacific Highway at Lindfield, noting that Council is currently preparing a Pedestrian Access and Mobility Plan, and ask, bearing in mind the NSW State Government's recent announcement of a new commuter car park on the Woodford Lane Car Park on the western side of the Highway, that is, on the opposite side of the Highway to the rail station, whether Council officers will review the potential need for a pedestrian overbridge in the event of imminent construction of the commuter car park?

Answer by Director Strategy and Environment

I am happy to raise that matter with Transport for NSW in our discussions, if Councillors are OK with that.

390

Rembrandt Notes 2006 - 2 "SURF" CPDO

File: S05597

Vide: C.2

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

(c)   is fully discussed in that advice.

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 the General Manager dated 3 December 2012

Resolved:

(Moved: Councillors Anderson/Fornari-Orsmond)

That Council proceed in accordance with Option A.

CARRIED UNANIMOUSLY

Ordinary Meeting of Council - 5 February 2013

MM.1 / 73

Item MM.1

S09408

23 January 2013

Recommendation:

That Council hold Emergency Services Forums in conjunction with the Emergency Services.

Elaine Malicki

Mayor

Ordinary Meeting of Council - 5 February 2013

MM.2 / 74

Item MM.2

FY00430/4

29 January 2013

Recommendation:

That Council’s Financial Assistance Program categories and guidelines be amended to incorporate a category for Economic and Social Development Initiatives Grants.

Elaine Malicki

Mayor

Ordinary Meeting of Council - 5 February 2013

GB.1 / 75

Item GB.1

S02235

4 January 2013

purpose of report:

To advise Council of the Local Government and Shires Association (LGSA) 2013 Tourism Conference.

background:

The 2013 LGSA Tourism Conference will be held at Shoal Bay from 11–13 March and will be hosted by Port Stephens Council.

comments:

The theme of this year’s conference is “Leadership and Innovation”.  The program also includes site visits, workshops, key notes, panel discussions and creative networking opportunities.

recommendation:

That any Councillors interested in attending the 2013 LGSA Tourism Conference at Shoal Bay advise the General Manager by Friday, 8 February 2013.

Recommendation:

That any Councillors interested in attending the 2013 LGSA Tourism Conference at Shoal Bay advise the General Manager by Friday, 8 February 2013.

Don Sutherland

Manager Economic and Social Development

John McKee

General Manager

Attachments:

A1View

Conference Invitation, Draft Program and Registration details

2013/014191

APPENDIX No: 1 - Conference Invitation, Draft Program and Registration details

Item No: GB.1

Ordinary Meeting of Council - 5 February 2013

GB.2 / 87

Item GB.2

FY00275/5

21 January 2013

purpose of report:

To advise Council of a sponsorship request from the Ku-ring-gai Philharmonic Orchestra (KPO).

background:

Ku-ring-gai Council helped to establish the Ku-ring-gai Philharmonic Orchestra in 1971 and has supported it through the Financial Assistance to Community Groups program. In 2008 Council decided to sponsor the orchestra, which provided a more structured approach and agreed upon mutual benefits.

comments:

The KPO has requested $25,000 in sponsorship to support its activities including symphony concerts, musical education in local child care centres and pre-schools, free community concerts, a school competition and choral concert. The KPO also would like to purchase acoustic shields to protect their players from hearing loss.

recommendation:

That Council provide sponsorship of $20,000 to the Ku-ring-gai Philharmonic Orchestra.

Recommendation:

That Council provide sponsorship for the Ku-ring-gai Philharmonic Orchestra for $20,000 in 2013.

Tiffiny Kellar

Manager Communications

Janice Bevan

Director Community

Attachments:

A1View

Ku-ring-gai Philharmonic Orchestra - sponsorship proposal 2013

2013/015451

A2View

Ku-ring-gai Philharmonic Orchestra - sponsorship evaluation report - 2012

2013/015453

APPENDIX No: 1 - Ku-ring-gai Philharmonic Orchestra - sponsorship proposal 2013

Item No: GB.2

APPENDIX No: 2 - Ku-ring-gai Philharmonic Orchestra - sponsorship evaluation report - 2012

Item No: GB.2

Ordinary Meeting of Council - 5 February 2013

GB.3 / 94

Item GB.3

CY00043/5

4 January 2013

purpose of report:

To advise Councillors of the 2013 Local Government Managers Australia (LGMA) National Congress and Business Expo to be held in Hobart, Tasmania between 19 and 21 May 2013.

background:

The LGMA hosts an annual National Congress and Business Expo. The 2013 Congress theme is Great Society: what is local government’s role?

Delegates will hear from speakers on what the future will hold for most local governments, review the existing indicators that measure the value of cities, explore the elements that make societies great and focus on what is local government’s role in the creation of a great society.

comments:

The Congress will provide a platform for Councillors to hear and discuss the issues facing many local governments in the future.

recommendation:

That any Councillors interested in attending the 2013 LGMA National Congress and Business Expo in Hobart advise the General Manager by Friday, 15 February 2013.

Recommendation:

That any Councillors interested in attending the 2013 LGMA National Congress and Business Expo in Hobart advise the General Manager by Friday, 15 February 2013.

Matt Ryan

Manager Records & Governance

John Giovinazzo

Acting Director Corporate

Attachments:

A1View

2013 LGMA National Congress and Business Expo - Hobart - 19 - 21/05/2013

2012/307397

APPENDIX No: 1 - 2013 LGMA National Congress and Business Expo - Hobart - 19 - 21/05/2013

Item No: GB.3

Ordinary Meeting of Council - 5 February 2013

GB.4 / 100

Item GB.4

S08820

9 January 2013

purpose of report:

To consider the invitation from the Parliament of NSW Committee on Electoral Matters to make a submission to the Inquiry into the 2012 Local Government Elections.

background:

The 2012 Local Government Elections were held on Saturday, 8 September 2012. The Joint Standing Committee on Electoral Matters has been referred an Inquiry into the 2012 Local Government Elections. The Committee will examine matters relating to the cost of the elections, the experience of councils that conducted their own elections, and any issues arising from non-residential voting. The Committee will also consider possible legislative changes to improve the efficiency of the election processes, and remove any barriers to candidate participation. Complete terms of reference of the Committee have been included in the attachment.

comments:

The Committee has invited Council to make a submission addressing the specific terms of reference.

recommendation:

That Council consider whether to make a submission to the Committee, provide any comments for possible inclusion into the submission to the General Manager by Friday, 8 February 2013 and that a further report containing the draft submission be referred to the Ordinary Meeting of Council to be held on the 26 February 2013 for endorsement by Council before being referred to the Committee.

Recommendation:

A.       That Council consider whether to make a submission to the Committee.

B.       That Councillors provide any comments for possible inclusion into the submission to the General Manager by Friday, 8 February 2013.

C.       That a further report containing the draft submission be referred to the Ordinary Meeting of Council to be held on the 26 February 2013 for endorsement by Council before being referred to the Committee.

Matt Ryan

Manager Records & Governance

John Giovinazzo

Acting Director Corporate

Attachments:

A1View

Invitation to make submission - Committee on Electoral Matters Inquiry into the 2012 Local Government Elections

2012/312190

APPENDIX No: 1 - Invitation to make submission - Committee on Electoral Matters Inquiry into the 2012 Local Government Elections

Item No: GB.4

Ordinary Meeting of Council - 5 February 2013

GB.5 / 107

Item GB.5

S02355

10 January 2013

purpose of report:

To propose an amendment to Council’s adopted meeting cycle for 2013 to avoid Meetings being held during school holiday periods.

background:

Council adopted a meeting cycle for 2013 at the Ordinary Meeting of Council held on the 9 October 2012. There was an error in the recommendation of the report which has Council Meetings scheduled during three of the school holiday periods.

comments:

A draft amendment to the 2013 Council Meeting Cycle has been prepared for Council’s consideration.

recommendation:

That the amendments to Council’s Meeting Cycle for 2013 be adopted.

Recommendation:

The proposed amendment to the 2013 meeting cycle is as follows:

For 2013:

February:                   5 February 2013              Ordinary Meeting of Council

                                 26 February 2013              Ordinary Meeting of Council

March:                     12 March 2013                  Ordinary Meeting of Council

                                 26 March 2013                  Ordinary Meeting of Council

April:                          9 April 2013                     Ordinary Meeting of Council

                                 30 April 2013                     Ordinary Meeting of Council

May:                         14 May 2013                      Ordinary Meeting of Council

                                 28 May 2013                      Ordinary Meeting of Council

June:                        11 June 2013                     Ordinary Meeting of Council

                                 25 June 2013                     Ordinary Meeting of Council

July:                         16 July 2013                      Ordinary Meeting of Council

                                 30 July 2013                      Ordinary Meeting of Council

August:                    13 August 2013                 Ordinary Meeting of Council

                                 27 August 2013                 Ordinary Meeting of Council

September:             10 September 2013          Ordinary Meeting of Council

                                 17 September 2013          Ordinary Meeting of Council

October:                     8 October 2013                Ordinary Meeting of Council

                                 22 October 2013                Ordinary Meeting of Council

November:              12 November 2013           Ordinary Meeting of Council

                                 26 November 2013           Ordinary Meeting of Council

December:                 3 December 2013            Ordinary Meeting of Council

                                 10 December 2013            Ordinary Meeting of Council

Christie Spry

Governance Officer

Matt Ryan

Manager Records & Governance

John Giovinazzo

Acting Director Corporate

Attachments:

A1View

Previous Report - Council Meeting Cycle for 2012

2013/006394

APPENDIX No: 1 - Previous Report - Council Meeting Cycle for 2012

Item No: GB.5

Ordinary Meeting of Council - 5 February 2013

GB.6 / 117

Item GB.6

S06748/3

17 January 2013

purpose of report:

To consider the request from Sutherland Shire Council to a number of Councils for a financial contribution to engage expertise by the way of a consultant to prepare a submission on behalf of the involved Councils to the review of Financial Assistance Grants (FAGs) being held by the Commonwealth Grants Commission.

background:

A number of Councils which are currently on the minimum per capita FAG’s are concerned at the potential outcome of the Commonwealth Grants Commission’s 2013 Inquiry into Improving Local Government Financial Sustainability. The Commission has been asked to identify tangible measures for improving the impact of the Local Government FAGs on the effectiveness of local governments and their ability to provide service and asset renewal obligations. There is a growing movement for redistribution of FAG’s and if this occurs it may have a serious impact on these Councils.

Sutherland Shire Council is seeking the support from other ‘per capita minimum’ councils to engage the services of a consultant to prepare the submission.

comments:

The cost of the contribution will be dependant upon the number of Council’s participating, however it has been estimated that it could be between $4,000 to $5,000 per Council.

recommendation:

That Council considers whether it would like to contribute to this request for financial support from Sutherland Shire Council to engage the services of a consultant to prepare a submission to the Commission on the Financial Assistance Grants.