Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 21 April 2015
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Present: |
The Mayor, Councillor J Anderson (Chairperson) (Roseville Ward) Councillors E Malicki & J Pettett (Comenarra Ward) Councillor C Szatow (Gordon Ward) Councillors C Berlioz & D Ossip (St Ives Ward) Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward) |
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Staff Present: |
Acting General Manager (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (Greg Piconi) Director Strategy & Environment (Andrew Watson) Director Community (Janice Bevan) Manager Records & Governance (Matt Ryan) Minutes Secretary (Sigrid Banzer) |
The Meeting commenced at 7.00pm
The Mayor offered the Prayer
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File: S02194
Councillor David Citer tendered an apology for non-attendance [personal] and requested leave of absence.
Councillor David Armstrong tendered an apology for non-attendance and requested leave of absence.
NOTE: The General Manager, John McKee, tendered an apology for non-attendance.
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(Moved: Councillors Ossip/Szatow)
That the apologies by Councillors Citer and Armstrong be accepted and leave of absence granted.
CARRIED UNANIMOUSLY |
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.
No Interest was declared.
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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Memorandums: |
Refer GB.9 – Firs Cottage – Lease Renewal Submissions –Memorandum from Manager Integrated Planning, Property and Assets dated 14 April 2015 circulated to Councillors and Directors ONLY regarding submissions.
Refer GB.10 – Policy on Private Use of Road Reserves – Memorandum from Director Operations dated 17 April 2015 to Councillors and Directors ONLY advising that with the gazettal of the Principal LEP, there now may be a requirement for any encroachment on the road reserve to require a development application, therefore, the review of the Policy be deferred to incorporate the requirement in the Policy. |
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Councillors Information: |
Low Cost Housing Programme – Memorandum from Director Strategy and Environment dated 21 April 2015 in answer to a Question Without Notice raised by Councillor David Armstrong at the Ordinary Meeting of Council held 31 March 2015. |
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23 Ryde Road Pymble - Change of Use to Self-Storage Facility and Fit-out
File: DA0339/14 Vide: GB.3
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Change of use to self-storage facility and fit-out.
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(Moved: Councillors Szatow/Pettett)
A. THAT the Council, as the consent authority, is of the opinion that the objections under State Environmental Planning Policy No. 1 - Development Standards to clauses 30I and 30J of the KLEP 219 (Pymble Business Park) 2012 relating to maximum height and floor space ratio are well founded. Council is also of the opinion that strict compliance with these development standards is unreasonable and unnecessary in the circumstances of this case.
AND
B. THAT the Council, as the consent authority, being satisfied that the objections under SEPP No. 1 are well founded and also being of the opinion that the granting of consent to DA0339/14 is consistent with the aims of the Policy, grant development consent to DA0339/14 for a change of use of the existing building to a self-storage facility and associated fit out on land at 23 Ryde Road, Pymble, for a period of two 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.
Conditions to be satisfied prior to demolition, excavation or construction:
3. Asbestos works
All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.
Reason: To ensure public safety.
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. Access through public reserve not permitted
Access for construction purposes shall not be gained through the adjoining public reserve.
Reason: To protect public reserves.
7. Sediment controls
Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.
The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.
Reason: To preserve and enhance the natural environment.
Conditions to be satisfied prior to the issue of the construction certificate:
8. 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:
· Substitute Eleaocarpus for a larger native canopy tree such as Angophora costata or Syncarpia glomulifera.
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
9. 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.
10. Outdoor lighting
Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that any 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 effects on public amenity from excessive illumination levels.
11. Access for people with disabilities (commercial)
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities from the public domain and all car parking areas on site and within the building 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.
12. Stormwater management plan
Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scaled construction plans and specifications in relation to the stormwater management and disposal system for the development. The plan(s) must be based on ‘Hydraulic Services Stormwater’ Drawing No. H0001 issue ‘A’ dated 15/08/2014 prepared by Roger Chance 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, pits, grated drains, swales, kerbs, flushing facilities, subsoil drainage and all ancillary 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 tank systems and where proprietary products are to be used, manufacturer specifications and details must be provided
Details of any required on-site detention tanks required by Ku-ring-gai Water Management Development Control Plan No. 47 including dimensions, materials, location, orifice and discharge control pit details as required (refer Chapter 6 and Appendices 2, 3 and 5 for volume, PSD and design requirements).
The above construction drawings and specifications are to be prepared by a suitably 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 BCA.
Reason: To protect the environment.
13. 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.
Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):
14. 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.
15. Section 94 Contributions - Centres.
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 will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.
Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Highway 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:
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. Drainage to natural watercourses
Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the watercourse within the site. New drainage line connections to the watercourse must conform and comply with the requirements of section 5.5 of Ku-ring-gai Water Management Development Control Plan No. 47 and in accordance with the NSW Office of Water (NOW) Controlled Activity Approval.
Reason: To protect the environment.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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:
38. Certification of Mechanical Turntable
Upon completion of the mechanical turntable installation, a traffic (or suitably qualified) engineer must certify that the device is structurally sound and has been installed in accordance with the manufacturers guidelines and confirm that the device is operating satisfactorily This certification must be provided to the Accredited Certifier prior to the issue of the Occupation Certificate.
Reason: To protect the environment.
39. Vehicle turntable positive covenant
Prior to issue of the Occupation Certificate, the applicant must create a positive covenant under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the vehicle turntable on the property.
The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument and to the satisfaction of Council (refer to Council Development Engineer for terms). For existing titles, the positive covenant is to be created through an application to the Land Titles Office. The relative location of the vehicle turntable, 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 must be submitted to and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.
Reason: To protect the environment.
40. Mechanical ventilation
Following completion, installation and testing of any 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.
41. 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.
42. 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.
43. 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 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.
44. 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 volume storage requirements of 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
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.
45. 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.
46. 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.
47. 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.
48. Mechanical ventilation
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that any 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.
49. 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, including the recommendations of the approved Bushfire Protection Assessment report, have 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:
50. Vegetation Management Plan (VMP)
The Vegetation Management Plans, prepared by ACS Environmental, dated July 2014, endorsed with Council’s stamp are approved in their entirety.
• All weeding removal, weed techniques, environmental protection measures, planting works and ongoing maintenance works are to be carried out in accordance with the VMP.
• All noxious and environmental weeds are to be removed from within the site.
• All vegetation works are to be conducted by a suitably qualified bush regenerator. The minimum qualifications minimum qualifications and experience (for bush regenerator) are a TAFE Certificate 2 in Bushland Regeneration and one year demonstrated experience (for other personnel). In addition the site supervisor is to be eligible for full professional membership of the Australian Association of Bush Regenerators (AABR).
Reason: To ensure the protection and enhancement of biodiversity and riparian lands within the site.
51. No door restricting waste collection
At all times, the garbage storage and collection area is to be accessible by Council’s Waste Collection Services. No doors, grilles, gates or other devices shall be provided in any location which would prevent this service. Where a gate, door or the like is to be erected, unimpeded access to the garbage collection point is to be provided by other means through written agreement with Council’s Waste Collection Services.
Reason: To facilitate access to the garbage collection point.
52. Loading and unloading
At all times, all loading and unloading of service vehicles in connection with the use of the premises shall be carried out wholly within the site.
Reason: To ensure safe traffic movement.
53. Unobstructed driveways and parking areas
At all times, all driveways and parking areas shall be unobstructed. Driveways and car spaces shall not be used for the manufacture, storage or display of goods, materials or any other equipment and shall be used solely for vehicular access and for the parking of vehicles associated with the use of the premises.
Reason: To ensure safe traffic movement.
54. Hours of operation
At all times, the hours of operation are to be restricted to between 6am to 10pm, 7 days a week.
Reason: To protect the amenity of the area.
55. Roads and Maritime Services Conditions
a) A strip of land has previously been vested as road along the Ryde Road frontage of the subject property, as shown by grey colour on the attached Aerial - "X".
All buildings or structures, together with any improvements integral to the future use of the site are to be clear of the Ryde Road road reserve (unlimited in height or depth).
b) The redundant driveway shall be removed and replaced with kerb and gutter to match existing.
c) The design and construction of the gutter crossing on Ryde Road shall be in accordance Roads and Maritime requirements. Details of these requirements should be obtained from Roads and Maritime Project Services Manager, Traffic Projects Section, Parramatta (telephone 8849 2138).
Detailed design plans of the proposed gutter crossing are to be submitted to Roads and Maritime for approval prior to the issue of a Construction Certificate and commencement of any road works.
A plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by Roads and Maritime.
d) All vehicles are to enter and leave the site in a forward direction.
e) A Road Occupancy Licence should be obtained from Roads and Maritime for any works that may impact on traffic flows on Ryde Road during construction activities.
f) All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Ryde Road.
g) A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, environmental impacts, access arrangements and traffic control should be submitted to Council prior to the issue of a construction certificate.
h) All works/regulatory signposting associated with the proposed development are to be at no cost to Roads and Maritime.
Reason: Roads Act 1993.
CARRIED UNANIMOUSLY |
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Planning Proposal to Allow Dual-Occupancy on 28 Clissold Road Wahroonga; 2 Loombah Avenue East Lindfield and Small Lot Subdivision on 109 Bobbin Head Road Turramurra
File: S10539 Vide: GB.4
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For Council to consider a Planning Proposal to amend the Ku-ring-gai Local Environmental Plan 2015 to allow dual occupancy on 28 Clissold Road Wahroonga and 2 Loombah Avenue East Lindfield; and to allow a small lot subdivision on 109 Bobbin Head Road Turramurra.
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(Moved: Councillors Ossip/McDonald)
That Council defer the matter pending site inspections at the following properties:
28 Clissold Road Wahroonga; 109 Bobbin Head Road Turramurra; and 2 Loombah Avenue East Lindfield.
The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was:
(Moved: Councillors Berlioz/Szatow
That Council refuse the Planning Proposal to amend the KLEP 2015 to allow dual occupancy at 28 Clissold Road Wahroonga, 109 Bobbin Head Road Turramurra and 2 Loombah Avenue East Lindfield.
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Compulsory Acquisition of Roads - Lindfield
File: S10362 Vide: GB.5
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To advise Council on matters related to roads closures within the Lindfield major project sites.
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(Moved: Councillors Fornari-Orsmond/Pettett)
A. That Council proceed with the compulsory acquisition of the unnamed public road shaded in grey and marked as ‘Proposed partial road closure’ in Figure 1 of the report to the Council dated 21 April 2015 for the purpose of creating the Lindfield Village Green in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
B. That Council make an application to the Minister and the Governor for approval to acquire the portion of the unnamed public road shaded in grey and marked as ‘Proposed partial road closure’ in Figure 1 of the report to the Council dated 21 April 2015 by compulsory process under section [186(1) and 187(1) of the Local Government Act 1993.
C. That for the purposes of section 30 of the Land Acquisition (Just Terms Compensation) Act 1991, the Council, as the owner of the road, agrees to the road being acquired for compensation in the amount of $1.00.
D. That the land is to be classified as Operational land.
E. Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days.
F. That Council proceed with the compulsory acquisition of the portion of Drovers Way Lindfield north of Beaconsfield Parade in Figure 2 of the report dated 21 April 2015 for the purpose of creating the Lindfield Community Hub in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
G. That Council make an application to the Minister and the Governor for approval to acquire the portion of Drovers Way Lindfield north of Beaconsfield Parade by compulsory process under section [186(1) and 187(1) of the Local Government Act 1993.
H. That for the purposes of section 30 of the Land Acquisition (Just Terms Compensation) Act 1991, the Council, as the owner of the road, agrees to the road being acquired for compensation in the amount of $1.00.
I. That the land is to be classified as Operational land.
J. Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days.
K. That Council delegate to the General Manager or his delegate the power to do anything further as necessary to give effect to the compulsory acquisition including obtaining any necessary approvals and publishing any necessary notices in the Gazette.
CARRIED UNANIMOUSLY |
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Wahroonga Park Toilet Block - Tender T11/2014
File: S10233 Vide: GB.6
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To consider the tenders received for the demolition and construction of a new toilet block at Wahroonga Park, Wahroonga, and appoint the preferred tenderer.
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(Moved: Councillors Berlioz/McDonald)
A. That Council accept the tender submission from Tenderer ‘A’ for construction of new toilet facilities, Wahroonga Park.
B. That Council approve the balance of funds required to be transferred from Section 94 funds to the project, as identified in Confidential Attachment 1.
C. That the Mayor and General Manager be delegated authority to execute all tender documentation on Council’s behalf in relation to the contract.
D. That the Seal of Council be affixed to the contract documents.
E. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.
CARRIED UNANIMOUSLY |
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Heritage Reference Committee Meeting Minutes
File: CY00069/7 Vide: GB.7
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Council to consider the minutes of the Heritage Reference Committee (HRC) meetings held on 10 November 2014 and 9 February 2015.
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(Moved: Councillors Szatow/McDonald)
A. That Council receive and note the Heritage Reference Committee meeting minutes of 10 November 2014 and 9 February 2015.
B. That Council in the review of KLEP (Local Centres) 2012, investigate the following properties for potential heritage listing:
· 15 McIntosh Street, Gordon; · 19 McIntosh Street, Gordon; · 2 Forsyth Street, Gordon; · 57 Werona Avenue, Gordon.
CARRIED UNANIMOUSLY |
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Firs Cottage - Lease Renewal Submissions
File: S07252/6 Vide: GB.9
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To advise Council on submissions made in relation to the lease renewal of the Firs Cottage, Roseville Park, to the current lessee for a five (5) year term.
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(Moved: Councillors Berlioz/Szatow)
A. That Council receive and note the submissions associated with the lease renewal of Firs Cottage.
B. That Council enter into a lease agreement with Sous Le Soleil Pty Ltd for a period of 3 years.
C. That the Mayor and General Manager are delegated authority to execute all documentation associated with the lease.
D. That Council affix the Common Seal to all necessary documents.
CARRIED UNANIMOUSLY |
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Policy on Private Use of Road Reserves
File: S03467 Vide: GB.10
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For Council to adopt a review of the Private Use of Road Reserves and Nature Strips Policy.
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(Moved: Councillors Ossip/Szatow)
That with the gazettal of the Principal LEP, there now may be a requirement for any encroachment on the road reserve to require a development application, therefore, it is recommended the review of the Policy be deferred to incorporate this requirement in the Policy.
CARRIED UNANIMOUSLY |
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Koola Park Upgrade (Stage 3) Tender T25-2014
File: S10422 Vide: GB.12
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To consider the tenders received for the rebuild and extension of Koola Park, East Killara and appoint the preferred tenderer.
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(Moved: Councillors Berlioz/Pettett)
A. That Council decline to accept any of the tender submissions for T24-2015 upgrade works to Koola Park Sportsfield, East Killara.
B. That fresh tender not be called due to the cost, time and staff resources needed for the process. It is unlikely to elicit any new submissions, and may result in less submissions than has been previously received.
C. That Council enter into negotiations with the five (5) tenderers ‘A’ to ‘E’ as identified in the Confidential Summary.
D. That the General Manager be authorised to negotiate the terms of the contract contemplated in “C” at a price not higher than that tendered by the highest price tenderer ‘A’ to ‘E’ as identified in the Confidential Summary.
E. That Council approve the balance of funds required to be transferred from Section 94 contribution funds to the project.
F. That the Major and General Manager be delegated authority to execute all tender documents on Council behalf in relation to the contract.
G. That the Seal of Council be affixed to all necessary documents.
H. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.
CARRIED UNANIMOUSLY |
BUSINESS WITHOUT NOTICE - SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS
A Motion moved by Councillors Szatow and Berlioz
to have the following matter be dealt with at the Meeting
was CARRIED UNANIMOUSLY
The Mayor ruled Urgency
and the matter was dealt with
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Proposed Interim Heritage Order - ‘Glen Brae’ 28 Cook Road, Killara
File: S10066
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Councillor Cheryl Szatow drew the Council’s attention to the fact that she seeks urgency to a Motion because a property for which Council is in receipt of a Development Application for demolition is considered by Council Staff, local residents and the Ku-ring-gai Historical Society to be likely worthy of a local heritage listing. The property is at 28 Cook Road Killara and urgency is established because it is under the threat of demolition.
"Glen Brae" located at 28 Cook Road, Killara (Lot 3, DP) 516966 is a Federation era orchardist cottage that was constructed c. 1902. The exterior of the house is mostly intact with red face brick exterior, two tall prominent chimneys with terracotta pots, boxed bay windows with multi-paned coloured top lights, deep shady verandah and large simple roof plane. The building is sited on a corner block with a substantial leafy garden and wide-lawned areas.
‘Glen Brae’, 28 Cook Road, Killara (Lot 3, DP) 516966 may have potential heritage significance for following reasons:
• Local aesthetic significance as a mostly intact example of a Federation orchardist cottage built in c.1902;
• Local
historic association with the Baker family, and in particular Robert Baker
{1852-1935) a well-known orcharding family in the area. Robert Baker owned a
• Local historic significance as evidence of the wave of development and subdivision which proceeded after the break-up of the orcharding lands; and
• Locally rare as a surviving and intact orcharding cottage.
An Interim heritage order is recommended for ‘Glen Brae’ to allow further for heritage research and assessment of the property's potential heritage significance.
Ku-ring-gai Council has the delegation from the State Government Minister to make Interim Heritage Orders. The effect of the Interim Heritage Order is that under the NSW Heritage Act 1977 (Division 2) Controlled Activities will apply to the property and Ku-ring-gai Council will be responsible for any approvals required under the NSW Heritage Act for all applications that seek to demolish, damage, despoil, move, develop, alter or destroy the item or place covered by the order (see Section 57(1) of the NSW Heritage Act).
It can be construed that the property 28 Cook Road, Killara NSW, Lot 3 DP 516966 is potentially under threat of harm or demolition, as a development application has been lodged and recently notified DA0090/15 to demolish the existing structures and construct a new dwelling, including garage, pool and associated landscaping. There is currently no formal statutory planning protection of the potential heritage item. The property is not located within a Heritage conservation area.
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(Moved: Councillors Szatow/Berlioz)
That Council resolve to place an Interim Heritage Order under Section 25 of the NSW Heritage Act 1977 on 'Glen Brae', 28 Cook Road, Killara, Lot 3 DP 516966, to enable full and proper evaluation of the heritage significance and prevent any harm to the site in the interim.
For the Resolution: The Mayor, Councillor J Anderson, Councillors McDonald, Szatow, Malicki, Fornari-Orsmond, Ossip and Berlioz
Against the Resolution: Councillor Pettett
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Maintenance required to Chairs and Horse-shoe Desk in Chamber
File: S05195 Vide: QN.1
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Question Without Notice from Councillor David Ossip
I am concerned about the state of equipment in the Council Chamber. To my knowledge, two chairs belonging to Councillors are broken and the handle of my drawer has gone missing – a great mystery and a source of frustration to me. Can this be fixed?
Answer by the Acting General Manager
Yes, we will certainly get our maintenance people onto fixing that straight away.
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Request for an Acknowledgement Letter to Ku-ring-gai SES and Volunteer Teams
File: S04085 Vide: QN.2
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Question Without Notice from Councillor Chantelle Fornari-Orsmond
Over the past 48 hours, Sydney and the northern regions have experienced extraordinary weather conditions, so much so here in our electorate, for example, local schools requested parents to collect their children ASAP – before normal finish times. We have also heard and seen the destruction of the rain and winds that have caused gum trees crashing down on 2 cars at Eastern Road shops in Turramurra.
So, due to the intensity and impact of this storm in Ku-ring-gai, I request that the Mayor send a thank you letter to the Ku-ring-gai SES and the volunteer teams?
Answer by the Mayor
Director Piconi – we can organise that together, can we?
Answer by Director Operations
Happy to draft that for you, Madam Mayor.
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File: S09436 Vide: QN.3
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Questions Without Notice from Councillor Elaine Malicki
Question 1:
When Council set up the ESDAC Committee, it had a charter and had to meet every 2 months.
As you are Chair, Madam Mayor, can you tell me why ESDAC has not met for many months, certainly not this year, and when might we expect to meet?
Answer by the Mayor
My understanding is that one of the main staff members in the ESDAC area has left Council and, unfortunately, Virginia Leafe has been unable to cope with the load to have meetings sooner. Nevertheless, I believe the new appointment is taking place early next month and that should bring things back to the forefront.
Question 2:
Can Councillors be informed please about things like this because it’s a committee that a lot of us consider to be very important?
Answer by the Mayor
Yes and I must say that I was only speaking to Ms Leafe about that earlier today and she did tell me today she, you know, staff was handling it as an operational matter and hadn’t informed Councillors but I will certainly pass on your request about that to her.
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Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS
An Inspections Committee will take place to view the following properties:
28 Clissold Road Wahroonga
109 Bobbin Head Road Turramurra
2 Loombah Avenue East Lindfield
Councillors will be advised of the date and time of the Inspections Committee.
The Meeting closed at 8.14 pm
The Minutes of the Ordinary Meeting of Council held on 21 April 2015 (Pages 1 - 60) were confirmed as a full and accurate record of proceedings on 28 April 2015.
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General Manager Mayor / Chairperson