Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 14 May 2013
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Present: |
The Mayor, Councillor E Malicki (Chairperson) (Comenarra Ward) Councillor J Pettett (Comenarra Ward) Councillors D Citer & C Szatow (Gordon Ward) Councillor C Berlioz (St Ives Ward) Councillors J Anderson & D Armstrong (Roseville Ward) Councillor C Fornari-Orsmond (Wahroonga Ward) |
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Staff Present: |
Director Development & Regulation (Michael Miocic) Director Operations (Greg Piconi) Director Community (Janice Bevan) Acting Director Strategy & Environment (Deborah Silva) Acting Director Corporate (John Giovinazzo) Acting Manager Finance (Angela Apostol) Manager Records & Governance (Matt Ryan) Governance Officer (Christie Spry) |
The Meeting commenced at 7.00pm
The Mayor offered the Prayer
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File: S02194
Councillor Duncan McDonald tendered an apology for non-attendance [business commitment] and requested leave of absence.
Councillor David Ossip tendered an apology for non-attendance (family reasons) and requested leave of absence.
NOTE: The General Manager, John McKee and the Director Strategy and Environment, Andrew Watson, tendered apologies for non-attendance.
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(Moved: CouncillorS Szatow/Fornari-Orsmond)
That the apologies by Councillors Duncan McDonald and David Ossip be accepted and leave of absence granted.
CARRIED UNANIMOUSLY
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The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.
Councillor David Citer declared a pecuniary conflict of interest in GB.1 - The Novus Foundation 2013 Gala Dinner (advised that he is the Manager of KYDS which is one of the beneficiaries of the Novus Dinner) and he will leave the Chamber during the debate and voting on the item.
Councillor Cheryl Szatow declared a pecuniary conflict of interest in GB.1 - The Novus Foundation 2013 Gala Dinner - (advised that she is a Councillor representative on the Board of KYDS which is a beneficiary of the Novus Dinner) and she will leave the Chamber during the debate and voting on the item.
The following members of the public addressed Council on items not on the Agenda:
R Younan
F Stuart
I Mahon
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:
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Late Items: |
Refer Minute No 102 of Ordinary Meeting of Council held |
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Councillors Information: |
Annual Report from NSW Government Planning and Infrastructure - Local Development Performance Monitoring 2011 - 2012 - Memorandum from Director Development and Regulation dated 7 May 2013 in answer to a Question Without Notice raised by Councillor Chantelle Fornari-Orsmond at the Ordinary Meeting of Council held on 9 April 2013. |
A Motion moved by
Councillors Armstrong and Berlioz
that a site inspection take place in relation to
GB.2 - 15 Normac Street, Roseville Chase
For the Motion: Councillors Szatow, Armstrong and Berlioz
Against the Motion: The Mayor, Councillor E Malicki, Councillors Citer, Pettett, Fornari-Orsmond and Anderson
No decision was taken in respect of the above matter as
the Motion when put to the vote was LOST
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Draft Community Strategic Plan 'Our Community - Our Future' 2030
File: FY00382/5 Vide: GB.3
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To place Council's Community Strategic Plan ‘Our Community – Our Future’ 2030 on public exhibition.
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(Moved: Councillors Berlioz/Szatow)
A. That the report on the draft Community Strategic Plan ‘Our Community - Our Future’ 2030, be received and noted.
B. That pursuant to Section 402 of the Local Government Act, 1993, the draft Community Strategic Plan ‘Our Community - Our Future’ 2030, be endorsed and placed on public exhibition for a period of 28 days commencing Friday, 17 May 2013.
C. That the draft Community Strategic Plan ‘Our Community - Our Future’ 2030, be endorsed and sent to relevant NSW State Government agencies as part of the public exhibition process.
D. That following public exhibition, a further report be submitted to Council for the adoption of the Community Strategic Plan ‘Our Community - Our Future’ 2030.
CARRIED UNANIMOUSLY
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File: FY00382/5 Vide: GB.4
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To place Council's Resourcing Strategy incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Strategy on public exhibition.
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(Moved: Councillors Berlioz/Pettett)
A. That the report on Council’s Resourcing Strategy 2013 – 2017, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Strategy be received and noted.
B. That the principles and framework of the 10 Year LTFP as outlined in the Resourcing Strategy be adopted, provided that capital works related to the 2010 Contributions Plan are phased in accordance with the availability of revenue from sales of Council assets which fund these works as outlined in the report.
C. That Council’s 2013/2014 budget includes the following:
i) Reductions in debt servicing costs are restricted to the Infrastructure and Facilities Reserve and fully expended on Capital Works. This amounts to $335K. ii) An amount of $308K transferred to the Infrastructure and Facilities Reserve, based on a Council policy to transfer funds to a former Building Reserve. iii) An amount of $410K transferred to the Infrastructure and Facilities Reserve for Development Application Infrastructure Restoration Fees received. iv) An amount of $323K transferred to the Infrastructure and Facilities Reserve for Street Advertising (bus shelters) receipts. v) An amount of $2.5M transferred to the Infrastructure and Facilities Reserve for 15% of depreciation charge. vi) Interest earned on the average balance of the Infrastructure and Facilities Reserve be credited to that reserve. vii) All asset sale revenue (except for 2010 Contribution Plan Asset Sales) is transferred to the Infrastructure and Facilities Reserve.
D. That Council endorse a total level of borrowing as outlined in this report as a maximum level.
E. That actual levels of borrowings will be determined in accordance with a dynamic Capital Management Strategy, as outlined in this report and in Council’s Resourcing Strategy that continuously re-assesses requirements.
F. That, in accordance with the capital management strategy, particular emphasis will be given to monitoring and estimating the working capital component so that any shortfall is made up by further borrowings (within the maximum permissible level) and any excess is transferred firstly to internal liability reserves where prudentially required, and then allocated to Council’s Infrastructure and Facilities Reserve.
G. That any estimated funds that remain, after all other resolutions of Council are incorporated into the LTFP, and would otherwise be credited to the Infrastructure and Facilities reserve, be expended on additional asset renewal strategy programs in order to address the gap between the required level of funding and that otherwise available. As the Asset Management Strategy is more fully developed, specific projects be identified that expends these funds in the most effective manner to address the asset renewal gap.
H. That following public exhibition, a further report be submitted to Council for the adoption of the Resourcing Strategy 2013 – 2017, incorporating the Long Term Financial Plan, the Asset Management Strategy and the Workforce Strategy.
CARRIED UNANIMOUSLY
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Report following Exhibition of
Catchment Mapping Amendments to
File: S05878 Vide: GB.6
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To report back following the exhibition of mapping amendments to the Ku-ring-gai Contributions Plan 2010 to ensure the catchment mapping boundaries accurately reflect all current environmental planning instruments.
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(Moved: Councillors Berlioz/Pettett)
A. That
the amended maps be adopted and incorporated within the existing
B. That any development application, the subject of a development consent issued after the gazettal of Ku-ring-gai Local Environmental Plan (Local Centres) 2012 on 25 January 2013 and prior to the consequential mapping corrections in this resolution coming into effect, that has been levied contributions on the basis of a former zone that was not in effect at the time of consent, be invited to lodge a s96 request for modification to correct the anomaly.
CARRIED UNANIMOUSLY
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Councillor Citer declared a pecuniary conflict of interest
in respect of the following item -
GB.1 - The Novus Foundation 2013 Gala Dinner
and withdrew from the Chamber taking no part
in discussion and voting on the item
Councillor Szatow declared a pecuniary conflict of interest
in respect of the following item -
GB.1 - The Novus Foundation 2013 Gala Dinner
and withdrew from the Chamber taking no part
in discussion and voting on the item
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The Novus Foundation 2013 Gala Dinner
File: S05650 Vide: GB.1
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To advise Council of a request from The Novus Foundation to purchase tickets for a Gala Dinner to be held at Miramare Gardens Function Centre, Terrey Hills on Saturday, 25 May 2013.
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(Moved: Councillors Berlioz/Anderson)
A. That Council determined to purchase tickets for The Novus Foundation Gala Dinner on 25 May 2013.
B. That any Councillors who would like to attend The Novus Foundation 2013 Gala Dinner advise the General Manager by Friday, 17 May 2013.
CARRIED UNANIMOUSLY by those present
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Councillor Citer returned
Councillor Szatow returned
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15 Normac Street, Roseville Chase
File: DA0259/12 Vide: GB.2
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The following member of the public addressed Council:
L Fletcher
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To determine Development Application No. DA0259/12 for Demolition of an Existing Dwelling and Construction of a New Dwelling.
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(Moved: Councillors Anderson/Fornari-Orsmond)
PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979
A. THAT Council, as the consent authority, is of the opinion that the proposal includes works of a permanent character on land reserved for the purpose of County Open Space and in accordance with Clause 10(2) of the KPSO, the Council, as the responsible authority is of the opinion that the purpose for which the land is reserved cannot be carried into effect within a reasonable time after the appointed day, 1 October 1971.
AND
B. THAT Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to clause 46(2) – maximum height of the Ku-ring-gai Planning Scheme Ordinance is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as the objectives of the standard are achieved not withstanding the failure to achieve compliance with the development standard.
AND
C. THAT Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to DA0259/12 is consistent with the aims of the Policy, grant development consent to DA0259/12 for ‘demolition of existing dwelling and construction of new dwelling house including swimming pool and landscape works’ on land at 15 Normac Street Roseville Chase, 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. Dilapidation photos (public infrastructure)
Prior to the commencement of
any works on site the applicant must submit to · The existing footpath · The existing kerb and gutter · The existing full road surface between kerbs · The existing verge area · The existing driveway and layback where to be retained · Any existing drainage infrastructure including pits, lintels, grates. Particular attention must be paid to accurately recording any pre-developed damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing damage to public infrastructure caused as a result of the development (which is not to be repaired by the Applicant as part of the development). The developer may be held liable to all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated under the requirements of this condition prior to the commencement of any works.
Reason: To protect public infrastructure.
8. Access through public reserve not permitted
Access for construction purposes shall not be gained through the adjoining public reserve. Should no alternative access exist, an application for access to the construction site via the public reserve shall be submitted to Council for consideration and approval prior to the commencement of works.
Reason: To protect public reserves.
9. 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 Demolition o Excavation o Concrete pour o Construction of vehicular crossing and reinstatement of footpath o 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 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.
10. 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.
11. Bushland protection fencing
To preserve the adjoining bushland reserve, no work shall commence until the following area is fenced off 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 preserve the natural environment during the construction phase.
12. Bushland 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. 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.
14. Boundary fence adjoining a reserve
A permanent, 1.5 metres high, cyclone wire (or similar) boundary fence, shall be constructed along the common boundary (from RL8.00 contour to RL10.00 contour) with the adjoining reserve to the north-west of the site prior to any work commencing.
Reason: To protect the adjoining reserve.
Conditions to be satisfied prior to the issue of the construction certificate:
15. Approval for wastewater management system
Prior to the issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the applicant has obtained a Section 68 approval from Ku-ring-gai Council to operate the pump-out sewage system.
Reason: To maintain health and amenity
16. Deed of release
The landowner enter into a deed of release with the acquisition authority prohibiting the landowner and their successors in title from claiming compensation for the works associated with this development consent prior to the issue of a construction certificate to the extent that the works increase the value of the land and its improvements over and above its present value.
Reason: Department of Planning requirement.
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 existing hedge of Cupressocyparis x leylandii (Leyland Cypress) planted within the garden area on the southern side of the new dwelling shall be removed as they will impede the new landscaping proposal.
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended are required by this condition.
Note: An amended plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.
Reason: To ensure adequate landscaping of the site
18. 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.
19. 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.
20. Landscape plan
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that a landscape plan has been completed in accordance with Council’s DA Guide, relevant development control plans and the conditions of consent by a Landscape Architect or qualified Landscape Designer.
Note: The Landscape Plan must be submitted to the Principal Certifying Authority.
Reason: To ensure adequate landscaping of the site.
21. 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.
Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):
22. 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.
23. Rural Fire Service requirements
Water and utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:
1. Water, electricity and gas are to comply with the following requirements of section 4.1.3 of 'Planning for Bush Fire Protection 2006'.
Design and construction The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:
2. New construction on the northwest elevation(s) shall comply with section 9 (BAL FZ) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'. However, where any material, element of construction or system when tested to the method described in Australian Standard AS1530.8.2 ‘Methods for fire tests on building materials, components and structures’ Part 8.2: ‘Tests on elements of construction for buildings exposed to simulated bushfire attack—Large flaming sources’, it shall comply with Clause 13.8 of the Standard except that flaming of the specimen is not permitted and there shall be no exposed timber.
3. Window assemblies on the northwest elevation(s) shall comply with one of the following:
a) Clause 9.5.2 of AS 3959-2009 as modified above; or
b) They shall comply with the following:
(i) Completely protected by a non-combustible and non perforated shutter that complies with Section 3.7 of AS3959-2009 excluding parts (e) & (f). (ii) Window frames and hardware shall be metal. (iii) Glazing shall be toughened glass minimum 6mm. (iv) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5 or from silicone. (v) The openable portion of the window shall be screened internally or externally with screens that comply with Clause 9.5.1A.
4. External Doors and door frames (not including garage doors) on the northwest elevation(s) shall comply with one of the following:
a) Clause 9.5.3 or 9.5.4 of AS 3959-2009 as modified above; or
b) They shall comply with the following:
(i) Completely protected by a non-combustible and non perforated shutter that complies with Section 3.7 of AS3959-2009 excluding parts (e) & (f). (ii) Doors shall be non-combustible. (iii) Externally fitted hardware that supports the panel in its function of opening and closing shall be metal. (iv) Where doors incorporate glazing, the glazing shall be toughened glass minimum 6mm. (v) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5 or from silicone. (vi) Door frames shall be metal. (vii) Doors shall be tight fitting to the doorframe and to an abutting door if applicable. (viii) Weather strips, draught excluders or draught seals shall be installed at the base of side-hung external doors.
5. New construction on the northeast, southeast and southwest elevation(s) shall comply with section 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'.
General advice Roofing shall be gutterless or guttering and valleys are to be screened to prevent the build up of flammable material. Any materials used shall be non-combustible.
Reason: Conditions imposed by the Rural Fire Service under Section 79BA of the Environmental Planning and Assessment Act 1979.
24. Bush fire risk assessment and conditions
Bush fire protection measures shall be carried out in accordance with the following bush fire risk assessment listed below and endorsed with Council’s stamp and all bush fire conditions:
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 listed above and all bush fire conditions.
Reason: To ensure that the development is in accordance with the determination.
25. Conditions to be satisfied during the demolition, excavation and construction phases:
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.
26. 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.
27. Availability of car parking
During construction of the development a minimum of 20 on site car parking spaces are to be available for the exclusive use of marina patrons. Vehicles associated with the construction of the development are not to be parked in the 20 on site spaces that are to be made available for the exclusive use of marina patrons.
Reason: To ensure that construction of the development does not have an adverse impact on the local road network.
28. 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.
29. 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.
30. 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.
31. 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 dated 6 June 2012. Over the course of the works, a qualified geotechnical engineer/ engineering geologist 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.
32. 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 dated 6 June 2012. 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).
Reason: To ensure the safety and protection of property.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. Approved tree works
Approval is given for the following works to be undertaken to trees on the site:
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.
39. 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.
40. 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.
41. 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.
42. 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:
43. Sydney Water approval
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that Sydney Water has given approval to the disposal of sewerage and pool backwash to the main in accordance with the Section 68 approval issued by Ku-ring-gai Council.
Reason: To maintain health and amenity.
44. Consolidation of allotments
Prior to the issue of any Occupation Certificate, the Principal Certifying Authority is to be satisfied that the three allotments which form the property known as 15 Normac Street Roseville Chase (Lot 91 DP 13450, Lot 92 DP 13450 and Lot 93 DP 13450) have been consolidated into one allotment and that the plan of consolidation has been registered with the Department of Lands:
Reason: To ensure that the development of the site is undertaken in an orderly manner and that the configuration of the site reflects its current use.
45. 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. 427299S_02 have been complied with.
Reason: Statutory requirement.
46. 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.
47. 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.
48. 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.
49. Certification of drainage works (new single dwellings)
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 volume storage requirements of BASIX and Ku-ring-gai Water Management Development Control Plan No. 47, respectively, have been achieved in full · retained water is connected and available for use · the drainage system has been installed by a licensed 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 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 at 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.
50. 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.
51. Swimming pool (part 1)
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that:
1. Access to the pool/spa shall be restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act, 1992:
(a) The pool shall not be filled with water or be allowed to collect stormwater until the child resistant barrier is installed; and (b) The barrier is to conform to the requirements of AS 1926-1 2007 Fences and Gates for Private Swimming Pools.
Reason: To ensure the safety of children.
2. Any mechanical equipment associated with the swimming pool and/or spa pool shall be located in a sound-attenuating enclosure and positioned so that it is setback a minimum of 2m from the boundary of any adjoining premises. The Principal Certifying Authority shall be satisfied that the sound levels associated with the swimming pool/spa filtration system and associated mechanical equipment do not exceed 5dB(A) above the background noise level at the boundaries of the site.
Reason: To protect the amenity of surrounding properties.
52. Pool overflow to sewer
Prior to issue of the Occupation Certificate a high level overflow pipe is to be provided from the back of the skimmer box to the filter backwash line discharging to the sewer. This line must not directly vent the receiving Sydney Water sewer. This requirement is to collect stormwater overflow from the swimming pool surface only. A certificate from the installer, indicating compliance with this condition, must be submitted to the Principal Certifying Authority prior to issue of the Occupation Certificate.
Reason: To provide satisfactory drainage.
53. Compliance with bush fire assessment report and conditions
Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all recommendations listed in the bush fire risk assessment and any conditions regarding bush fire protection have been complied with:
Reason: Statutory requirement.
Conditions to be satisfied at all times:
54. Wastewater management
Wastewater management for the residence is to be installed and operated in accordance with the separate approval granted by Council under Section 68 of the Local Government Act.
Reason: To maintain health and amenity.
55. Compliance with bush fire assessment, report and certificate In accordance with the recommendations listed in the bush fire risk assessment and report below, all on going recommendations must be complied with at all times.
Reason: To protect against bush fire.
56. Swimming pool (part 2)
At all times:
1. Access to the swimming pool must be restricted by fencing or other measures as required by the Swimming Pools Act 1992.
2. Noise levels associated with spa/pool pumping units shall not exceed 5dB(A) at the boundaries of the site.
3. Devices or structures used for heating swimming pool water must not be placed where they are visible from a public place.
4. For the purpose of health and amenity, the disposal of backwash and/or the emptying of a swimming pool into a reserve, watercourse, easement or storm water drainage system is prohibited. These waters are to discharge via a permanent drainage line into Sydney Water's sewer in accordance with Australian Standard AS3500.2 section 10.9. Permission is to be obtained from Sydney Water prior to the emptying of any pool to the sewer.
5. Lighting from the swimming pool and other communal facilities shall not detrimentally impact the amenity of other premises and adjacent dwellings.
Reason: Health and amenity.
CARRIED UNANIMOUSLY
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MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN
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Interpretive Signage - Firs Estate Cottage, Roseville Park
File: S06604/2 Vide: NM.1
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The following member of the public addressed Council:
B Walker
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Notice of Motion from Councillor Jennifer Anderson dated 30 April 2013
Firs Estate Cottage is located within Roseville Park, Clanville Road, Roseville, is owned by Ku-ring-gai Council and is a listed heritage item. It is currently leased and operates as Sous le Soleil Cafe.
The following historical summary is taken from the Firs Estate Conservation Management Plan. (Rod Howard Heritage Conservation Pty Ltd, 1999):
"The land on which the Firs Estate Cottage and its environs is located was once part of a 400 acre property granted to Daniel Dering Mathew (1788-1856) in 1819 who was reported to be the first trained architect to reach Australia. The property became known as "Clanville".
Mathew sold the property to Richard Archbold (1791-1836) in 1824. Ownership was to pass through many members of the Archbold family until in 1850 when the land was divided between Archbold's children.
It is not known when the first part of the Firs Estate Cottage was constructed, although it has been estimated to be in the last quarter of the nineteenth century.
The property was eventually sold to the Fowler family in 1905 where the cottage became a permanent residence for some of the family members.
In 1918 the Council of the Shire of Ku-ring-gai purchased part of the estate to form a large part of what is now known as Roseville Park. Council has owned the Firs Estate Cottage continuously since this period, and at one time it served as a caretaker’s cottage."
Local resident group, the Archbold Estate Inc. is keen to see interpretive signage at the site, in order to provide information to the public about its historical significance. The early parts of the cottage may be the oldest surviving building in Ku-ring-gai. The Archbold Estate Inc. has indicated it is willing to provide a financial contribution towards the signage. Council officers have indicated that a resolution of Council would be required to progress the matter.
I move:
"That Council support the concept of erecting interpretive signage on the history of Firs Estate Cottage at the site and that Council officers progress this by entering into discussions with the Archbold Estate Inc., obtaining quotes and providing a report back to Council for consideration. The lease holders, Sous le Soleil, be apprised of the proposal."
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(Moved: Councillors Anderson/Armstrong)
That the above Notice of Motion as printed be adopted.
CARRIED UNANIMOUSLY
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GENERAL BUSINESS (cont)
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Draft Delivery Program 2013-2017 and Draft Operational Plan 2013-2014
File: FY00382/5 Vide: GB.5
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To place Council's draft Delivery Program 2013-2017 and draft Operational Plan 2013-2014, incorporating the Budget, Capital Works Program and Fees and Charges for 2013-2014, on public exhibition.
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(Moved: Councillors Szatow/Armstrong)
A. That the report on Council’s draft Delivery Program 2013-2017 and draft Operational Plan 2013-2014, incorporating the Budget, Capital Works Program and Fees and Charges for 2013-2014, be received and noted.
B. That Council gives notice of its intention, should IPART approve Council's application for a special rate variation for the five year infrastructure levy program, to:
(i) Make and levy an ordinary rate to comprise a minimum rate and ad valorem rating structure for both Residential and Business categories, make and levy a special rate to comprise an ad valorem with a zero base rate for Environmental and New Facilities categories and make and levy a special rate to comprise an ad valorem with a $280 base charge for an infrastructure category. (ii) Increase its rate income by the maximum 8.4% approved by IPART. (iii) Future rates (other than special rate variations) are levied as 59% General and 41% Infrastructure levy, with the Infrastructure levy consisting of a 50% base charge component. (iv) That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 11% of total rates and charges in 2013-2014.
C. That Council gives notice of its intention, should IPART not approve Council's application for a special rate variation for the five year infrastructure levy program, to:
(i) Make and levy an ordinary rate to comprise a minimum rate and ad valorem rating structure for both Residential and Business categories, make and levy a special rate to comprise an ad valorem with a zero base rate for Environmental and New Facilities categories and make and levy a special rate to comprise an ad valorem with a $280 base charge for an infrastructure category. (ii) Increase its rate income by the maximum 3.4% approved by IPART. (iii) Future rates (other than special rate variations) are levied as 54% General and 46% Infrastructure levy, with the Infrastructure levy consisting of a 50% base charge component. (iv) That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 8% of total rates and charges in 2013-2014.
D. That pursuant to Sections 404 and 405 of the Local Government Act, 1993, the draft Delivery Program 2013-2017, and draft Operational Plan 2013-2014, incorporating the Budget, Capital Works Program and Fees and Charges for 2013-2014, as amended, be endorsed and placed on public exhibition for a period of 28 days commencing Friday, 17 May 2013.
E. That following public exhibition, a further report be submitted to Council for the adoption of the draft Delivery Program 2013-2017, and draft Operational Plan 2013-2014, incorporating the Budget, Capital Works Program and Fees and Charges for 2013-2014.
CARRIED UNANIMOUSLY
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Motions of which due Notice has been given (cont)
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Tree Works Review Application - 12 Wellesley Road, Pymble
File: EM00003/51 Vide: NM.2
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Notice of Motion from Councillor David Ossip dated 3 May 2013
Council is in receipt of a Tree Works Review Application RMTR13/01938 for removal of one Sequoia Sempervirens at 12 Wellesley Road, Pymble. This follows an earlier refusal by Council.
The applicant has submitted the review application with additional technical information from consultants to augment the previous application. Issues of public safety have been raised in the application.
I move:
"1. That Council officers provide a report with recommendations to an Ordinary Meeting of Council so that full Council can determine the application.
2. That a site inspection of the tree be organised for Councillors."
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(Moved: Councillors Anderson/Fornari-Orsmond)
That the above Notice of Motion as printed be adopted.
For the Resolution: Councillors Szatow, Fornari-Orsmond and Anderson
Against the Resolution: The Mayor, Councillor E Malicki, Councillors Armstrong, Citer, Pettett and Berlioz
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
The above Motion was subject to an Amendment which was LOST. The Lost Amendment was:
(Moved: Councillors Fornari-Orsmond/Anderson
A. That Council officers provide a report with recommendations to an Ordinary Meeting of Council so that full Council can determine the application.
B. That a site inspection of the tree be organised; and
C. That this Notice of Motion only be applied if the staff recommendation is for refusal of permission to remove the tree.
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File: S09292 Vide: QN.1
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Question Without Notice from Councillor Chantelle Fornari-Orsmond
I note in GB.5 the report mentions the 'impact of the carbon tax' - depending on the outcome of the Federal Election, would Council anticipate a reduction of costs to Council?
If so, could there be potential reductions to the Ku-ring-gai Council ratepayers?
Answer by Acting Director Strategy and Environment
This afternoon I sent an IPART document to all Councillors in relation to the decisions of the potential impact of the carbon tax. I haven't had the opportunity to review that document as I only received that today myself, so I am happy to take that on notice and find out what the actual impacts will or won't be. The IPART document actually refers to the whole local government area not just Council's facilities.
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Barometer of Dwelling Yields on Council's Website
File: S03624 Vide: QN.2
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Question Without Notice from Councillor Christiane Berlioz
With regard to a question put to Director of Strategy at the Ordinary Meeting of Council four weeks ago, when will the barometer of increase dwelling numbers approved and dwellings constructed since 2004 be made available and put up on Council website?
Answer by Manager Corporate Communications
It is still being updated at this time but it will be going back up.
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Queen Elizabeth Tennis Courts Cleaning
File: S02946 Vide: QN.3
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Question Without Notice from Councillor David Armstrong
Can there be any meeting organised with the gentleman who spoke earlier regarding the issues?
Answer by Director Operations
Normally, with a Question Without Notice, it relates to coming back with some information but more than happy to arrange a meeting with the tennis coach and my relevant staff and also the staff from Community in regards to all the activities and what we can do and things like that as well. I will have to send an invitation to see what time is suitable to every one.
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Queen Elizabeth Tennis Courts - Maintenance
File: S02946 Vide: QN.4
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Question Without Notice from Councillor Jennifer Anderson
Would the Director of Operations please advise Council regarding Mr Younan's comments that the Queen Elizabeth Tennis Court toilets have not been cleaned since July 2012 and apprise Council of maintenance works undertaken at the facility by Council at the location over recent years?
Answer by Director Operations
Happy to provide a memo to the Councillors on that matter.
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The Meeting closed at 8pm
The Minutes of the Ordinary Meeting of Council held on 14 May 2013 (Pages 1 - 34) were confirmed as a full and accurate record of proceedings on 28 May 2013.
__________________________ __________________________
General Manager Mayor / Chairperson