Present:

Councillor C Fornari-Orsmond (Acting Chairperson) (Wahroonga Ward)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillor D Citer (Gordon Ward)

Councillor C Berlioz (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

Councillor D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (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)

Corporate Lawyer (Jamie Taylor)

Minutes Secretary (Judy Murphy)

Governance Officer (Christine Dunand)

182

Apologies

File: S02194

The Mayor, Councillor Jennifer Anderson tendered an apology for non-attendance (family reasons) and requested leave of absence.

Councillor David Ossip tendered an apology for non-attendance (overseas) and requested leave of absence.

That leave of absence for Councillor Cheryl Szatow be noted as leave has previously been granted.

Resolved:

(Moved: Councillor McDonald/Councillor Armstrong) 

That the apologies  be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

183

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Malicki/Pettett)

A.    That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of the following Confidential report and its respective attachments:

C.1      General Manager's Performance Review

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

GB.5   Licence to Rotary Clubs of Turramurra and Ku-ring-gai to Conduct Markets in Wade Lane Car Park at Gordon

Attachment A1:    BEM Valuation Report

Attachment A2:    Representations from Rotary

Attachment A3:    Licence Fee Comparisons

GB.6   Tender RFT5-2015 - Cameron Park Extension

Attachment A1: List of Tenders received, comments and financial considerations

Attachment A2:   Tender Evaluation Panel's score and recommendation

Attachment A3: Corporate Scorecard - Tenderer A -  Financial and Performance Assessment

CARRIED UNANIMOUSLY

Memorandums:

Consideration of Submissions on the Planning Proposal to Heritage List 5 Properties in Turramurra, Wahroonga, Pymble and Killara - Memorandum from Acting Manager Urban Planning dated 7 July 2015 which alludes to hard copies of submissions to item GB.4 Consideration of Submissions on the Planning Proposal to Heritage List 5 Properties in Turramurra, Wahroonga, Pymble and Killara.

Councillors Information:

Charles Bean Oval – Lack of Parking - Memorandum from Director Operations dated 2 July 2015 in answer to a Question Without Notice raised by Councillor Elaine Malicki at the

Ordinary Meeting of Council held 26 May 2015.

184

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 23 June 2015

Minutes numbered 166 to 181

Resolved:

(Moved: Councillors McDonald/Armstrong)

That Minutes numbered 166 to 181 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

185

Queen's Birthday Honours 2015

File: S02767

Vide: MM.1

I am pleased to inform you that 7 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2015 Queen’s Birthday Honours.

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

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

Samuel Stuart CLARK   AM  of Killara, for significant services to the law, through senior roles with professional legal bodies, to strategic  reform, and to the rural fire service.

Geoffrey James FOGARTY  PSM  of St Ives, for outstanding public service to roads and maritime services in New South Wales.

Charles William FREW  OAM  of Pymble, for service to community health organisations through fundraising roles.

Richard Reynolds MILES  OAM  of Wahroonga, for service to the community, particularly through roles with education organisations.

Thomas Gordon REID  OAM  of North Turramurra, for service to the community, and to people with disability.

His Honour Judge Stephen Hugh SCARLETT RFD  OAM, resident of Ku-ring-gai, for service to the judiciary, to the law, and to professional organisations.

Stephen James  SIMPSON  AC  of Wahroonga, for eminent service to biological and biomedical science as an educator, researcher and author, particularly in the areas of human nutrition, obesity and metabolic disease, to higher education, and through roles with a range of professional scientific organisations.

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

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

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

A.       That Council acknowledge the outstanding contribution made by these recipients of 2015 Queen’s Birthday Honours to the Ku-ring-gai community and to the well-being of our society.

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

CARRIED UNANIMOUSLY

186

Petition regarding Traffic Congestion and Parking Issues in Kanoona Avenue, Collins and Cowan Roads St Ives - (Thirty-two [32] Signatures)

File: TM9/07

Vide: PT.1

“We, the undersigned residents of Kanoona Avenue and Cowan Road St Ives, petition Ku-ring-gai Council to review parking and traffic management in our area to address the issues that over the past 2 years, the amount of traffic in our streets have increased to well past its design limitations.  The issues we now experience on weekends and many weekdays are:

•        Illegal parking too close to corners.  This creates difficulty and risk leaving and entering the street;

•        Illegal parking partially blocking driveways.  Difficult to enter or leave property;

•        Amount of traffic.  Difficult to enter or leave property and street;

•        Road reduced to single lane.   Difficult to enter or leave property or street.  No street parking for visitors;

•        Abandoned shopping trolleys.

These issues appear to be caused by inadequate parking for the St Ives Village Shopping Centre and Village Green.”

Resolved:

(Moved: Councillors Berlioz/Armstrong)

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

CARRIED UNANIMOUSLY

187

General Matter Items Under Delegated Authority

File: S02738

Vide Minute No  KTC06

Advice on matters considered under Delegated Authority.

Resolved:

(Moved: Councillors Berlioz/Pettett)

That the information regarding traffic facilities approved during January and May 2015 be noted.

CARRIED UNANIMOUSLY

188

Traffic & Transport Policy Parking at Driveways

File: S02527

Vide Minute No  KTC07

To modify one of the criteria to be applied when considering requests for the installation of parking restrictions next to driveways, in order to improve the visibility of approaching traffic when driving out of properties.

Resolved:

(Moved: Councillors Berlioz/Pettett)

A.    That Council’s Traffic & Transport Policy be amended to permit the installation of ‘No Parking’ restrictions at individual driveways, extending for up to six metres in length, particularly on the approach side, subject to installations be restricted to:

1.      Multi residential developments of at least four apartments, with their driveways being on roads with daily traffic volumes of at least 2,000 vehicles per day, and

2.      Individual requests being considered on their merit but requiring Body Corporate endorsement.

B.    That Council’s fees and charges for the installation of signs and referral to the Ku-ring-gai Traffic Committee apply from 1 July 2015.

CARRIED UNANIMOUSLY

189

Parking Adjacent to Driveway Crossings

File: TM9/07

Vide Minute No  KTC08

To consider a set of standard treatments for addressing complaints about parked vehicles obstructing the visibility of approaching traffic and restricting the available turning path when residents drive out of their properties.

Resolved:

(Moved: Councillors Berlioz/Pettett)

A.    That Council approve the treatment of marking transverse white lines at driveway crossing, as shown in Attachment 1.

B.    That Council approve the treatment of painted traffic islands between driveway crossings, as shown in Attachment 2.

C.    That Council approve the application of appropriate standard treatments in the three current cases at 46-50 Cowan Road, 132-138 Killeaton Street, and 165-167 Rosedale Road, St Ives.

CARRIED UNANIMOUSLY

190

Kochia Lane, Lindfield

File: TM6/07

Ward: Roseville

Electorate: Davidson

Vide Minute No  KTC09

To consider a request by Aqualand Projects Pty Ltd for the temporary closure of Kochia Lane, Lindfield between Lindfield Avenue and Chapman Lane during construction of a multi-storey mixed use development at 23-37 Lindfield Avenue.

Resolved:

(Moved: Councillors Berlioz/Pettett)

That Council approve the temporary closure of Kochia Lane, Lindfield, between Lindfield Avenue and Chapman Lane for approximately 27 weeks from July 2015, subject to:

A.    The Roads and Maritime Services approving the Traffic Management Plan submitted by Aqualand Project Pty Ltd.

B.    No substantial objection being received from adjacent business operators and residents.

C.    Aqualand Project Pty Ltd implementing the Traffic Management Plan approved by the Roads and Maritime Services in accordance with Australian Standards.  Appropriate detour arrangements as detailed in the Traffic Management Plan be implemented during the entire closure period.

D.    That the closure being advertised by Council as required by Section 116 of the Roads Act 1993 and no substantial objection to the proposal which cannot be addressed, being received by the closing date of the advertising.

E.    That Aqualand Project Pty Ltd provide and maintain all necessary signs, barricades and all other safety equipment at its expense to properly effect the changed traffic conditions.

F.    That Aqualand Projects Ltd submitting a copy of the 20 million dollar Public Liability insurance cover, naming Ku-ring-gai Council as an interested party.

G.    That Aqualand Projects Pty Ltd respond in writing to Council, regarding the acceptance of Council’s conditions for the temporary closure of Kochia Lane Lindfield between Lindfield Avenue and Chapman Lane.

CARRIED UNANIMOUSLY

191

General Matter - Knox Garden Day 2015

File: S02250

Ward: Wahroonga

Electorate: Ku-ring-gai

Vide Minute No  KTC10

To consider a request from the Knox Parents’ Association (KPA) of Knox Grammar School to hold its 57^th annual Knox Garden Day in Ku-ring-gai Avenue, Turramurra, on Friday 4 September 2015. 

Resolved:

(Moved: Councillor Berlioz/Councillor Pettett)

That approval be given to KPA of Knox Grammar School to close a section of
Ku-ring-gai Avenue and Wonga Wonga Street, Turramurra, to conduct the 57th annual Knox Garden Day on Friday 4 September 2015, subject to the following conditions:

A.    Ku-ring-gai Avenue, Turramurra, between Turuga Street and Boomerang Street be fully closed between 6.30am and 3pm.

B.    Wonga Wonga Street be closed between 6.30am and 3pm to facilitate detour arrangements in the area.  Access will be maintained to residents at all times.

C.    The Roads and Maritime Services approving the Traffic Management Plan submitted by Adams Traffic Management Pty Ltd on behalf of KPA of Knox Grammar School.

D.    Adams Traffic Management Pty Ltd implementing the Traffic Management Plan concurred to by the Roads and Maritime Services and LAC Ku-ring-gai in accordance with Australian Standards.

E.    Detour arrangements as detailed in the Traffic Control Plan submitted by Adams Traffic Management be implemented.  Access is to be maintained for residents and emergency vehicles at all times.

F.    The closure of a section of Ku-ring-gai Avenue  and Wonga Wonga Street being advertised by Council as required by Section 116 of the Roads Act 1993.

G.    Residents of Ku-ring-gai Avenue and other streets in the vicinity being informed of the event, via letterbox drop, undertaken by the KPA of Knox Grammar School.

H.    The event organiser provides adequate RMS accredited traffic controllers at appropriate positions to control traffic and parking in the event area, as suggested in the traffic study /TCP submitted by the applicant.  Any directions given by the Police Service be followed promptly.

I.     Appropriate advance signs to warn drivers about the road closure and the presence of traffic controllers.

J.    All barricades and signs to be provided in accordance with Australian Standards.

K.    The Local Area Commander Ku-ring-gai be requested to patrol the area and monitor traffic conditions during the event.

L.    The event organiser liaising with Council’s Manager Waste, Drainage and Cleansing Services in regard to sanitation provisions, the provision of adequate rubbish receptacles and cleaning of the area at the conclusion of the event.  A request shall be made with Council to schedule an early garbage collection for Ku-ring-gai Avenue and Wonga Wonga Street on the event day.  The applicant is advised that costs associated with the provision of those services will apply.

M.   A Council Regulatory Officer visiting the site throughout the day to ensure Council’s conditions of approval are being observed.  The Officer is to report any traffic congestion or other safety issues to Council’s Director Operations within 30 days of the event.

N.   Barricades are removed at the end of the event.

O.    The KPA of Knox Grammar School responding in writing to Council by 31 July 2015, confirming its acceptance of Council’s decision for conducting the 2015 Knox Garden Day.

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192

1185 Pacific Highway Turramurra - Demolition of Existing Structures and Construction of Four Townhouses including, Garages and Landscaping Works

File: DA0264/14

Vide: GB.3

To determine Development Application DA0264/14 which proposes demolition of existing structures and construction of four town houses, including garages and landscaping works

Resolved:

(Moved: Councillors Citer/Pettett)

THAT Council, as the consent authority, grant consent to Development Application No. 0264/14 for demolition of existing structures and construction of four townhouses with garages and landscaping works on land at 1185 Pacific Highway, Turramurra.

SCHEDULE A - Deferred commencement condition

Evidence required to satisfy the following condition must be submitted to Council within twelve (12) months of the date of this consent.

This consent does not operate until the following deferred commencement condition has been satisfied:

1.     Drainage easement (deferred commencement)

The applicant shall submit documentary evidence that the property benefits from a drainage easement over the downstream properties as far as the public drainage system (1183 and 1189 Pacific Highway and 10 Warrangi Street). This consent will not operate until the documentary evidence has been submitted to and approved by Council’s Development Engineer.

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

Upon receipt of written notification from Council that the abovementioned condition has been satisfied, the following conditions will apply:

SCHEDULE B - The standard conditions of consent are set out as follows:

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.     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.

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.     Archival recording of buildings

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

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

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

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

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

8.     Dilapidation photos (public infrastructure)

Prior to the commencement of any works on site the applicant must submit to Ku-ring-gai Council and the Principal Certifying Authority a photographic record on the visible condition of the existing public infrastructure over the full site frontage (in colour - preferably saved to cd-rom in ‘jpg’ format). The photos must include detail of:

·        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.

9.     Construction and traffic management plan

The applicant must submit to Council a Construction Traffic Management Plan (CTMP), which is to be approved by Council and Roads and Maritime Services 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:

·         Demolition

·         Concrete pour

·         Construction of vehicular crossing and reinstatement of footpath

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

Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users. 

When a satisfactory 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, including Roads and Maritime Services conditions.  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.   Tree protection fencing

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

Reason:      To protect existing trees during the construction phase.

12.   Tree protective fencing type galvanised mesh

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

Reason:     To protect existing trees during construction phase.

13.   Tree protection signage

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

Tree protection zone.

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

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

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

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

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

Reason:      To protect existing trees during the construction phase.

14.   Tree protection mulching

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

Reason:      To protect existing trees during the construction phase.

15.   Tree protection - avoiding soil compaction

To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction as per AS4970-2009 (eg rumble boards) within the specified radius of the following tree/s is/are installed if ANY vehicular or mechanical equipment is required to pass through the specified radius.

Reason:      To protect existing trees during the construction phase.

16.   Tree fencing inspection

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

Reason:      To protect existing trees during the construction phase.

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

17.   Materials and finishes

An amended schedule of materials and finishes shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The schedule shall include the following demonstrating:

·         the ground floor level to be constructed of face brick.  The first floor level can be rendered in accordance with the approved materials and finishes board referenced in Condition 1.

·         the roof tiles are to be a combination of two lighter grey coloured tiles which are Boral terracotta shingles, Scoria 30% and Asphalt 70%. The roofing is not to be Boral 'Eclipse'.

·         windows are to be timber framed.

Reason:     To ensure appropriate materials and finishes are used which are complementary to the streetscape and adjoining heritage item.

18.   Visitable apartments

Amended plans and specifications are required to be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate which demonstrate (3 of the 4 townhouses) are visitable in accordance with AS4299. The plans should demonstrate there is a wheel chair accessible entry and path of travel to the living room and a toilet that is either accessible (complying with the floor space requirements in AS1428.1) or visitbale (a toilet which is 1250mm in front of the toilet and is either accessible or visitable).

Reason:      To ensure 70% of the apartments are visitable in accordance with AS4299.

19.   Visitor parking space

The visitor parking space is to be constructed of permeable pavers. Amended plans and specifications are required to be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate.

Reason:     To achieve an appropriate form of development.

20.   Pedestrian entry path

Prior to the issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the architectural plans have been amended so that the level of the pedestrian entry path at the boundary is higher than the driveway level at the boundary.

Reason:     To prevent footpath runoff from entering the site via the pedestrian entry.

21.   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 as follows:

·        The planting identified as ‘Dm’ shall be deleted and replaced with a small ornamental tree species eg Lagerstroemia indica (Crepe Myrtle)with a minimum pot size of 45 litres at planting.

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

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

Reason:     To ensure adequate landscaping of the site.

22.   Amendments to approved engineering plans

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

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

The note “This plan manages stormwater runoff derived from roof and driveway surfaces only as shown on architectural drawings.  All other surface runoff water to be managed by separate system by owner in accordance with AS3500.3 and BCA Part 3.1.2”.  is to be deleted.  This is because the plan shows grated pits for surface runoff, and for tree protection reasons, additional pits not shown would not be approved

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

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

23.   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.

24.   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.

25.   Outdoor lighting

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

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

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

26.   External service pipes and the like prohibited

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

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

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

27.   Access for people with disabilities (residential)

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

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

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

28.   Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application, [dwelling 1], are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.

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

Reason:      Disabled access & amenity.

29.   Interallotment drainage design

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, full hydraulic design documentation for the required interallotment drainage system from the subject property to the approved point of discharge to the public drainage system.  Plans are to be prepared by a suitably qualified and experienced consulting civil/hydraulic engineer in accordance with Ku-ring-gai Water Management Development Control Plan No. 47 and AS3500.3 (2003) Plumbing Code. New pipes within the downstream easement drainage system must be sized to have adequate capacity to carry uncontrolled runoff from the contributing catchment and an associated overland flow path is to be provided in the event of blockage of the interallotment line.

The following engineering details must be included:

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

·        the contributing catchment calculations and supporting pipe sizing information

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

·        surrounding survey detail, including all trees within 7 metres of the proposed interallotment drainage system

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

Reason:      To ensure that satisfactory design of the interallotment drainage in accordance with relevant codes and Australian Standards.

30.   Paving near trees

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

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

Reason:         To protect existing trees.

31.   Pier and beam footings near trees

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the footings of the approved retaining wall will be isolated pier or pier and beam construction within the specified radius of the trunk/s of the following tree/s:

The piers shall be located such that no roots of a diameter greater than 30mm will be severed or injured during the construction period.  The beam/s shall be of reinforced concrete or galvanised steel sections and placed in positions with the base of the beam being a minimum of 50mm above existing soil levels.

Note:           Structural details of the pier or pier and beam construction shall be submitted to the Principal Certifying Authority.

Reason:      To protect existing trees.

32.   Noise from road and rail (residential only)

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

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

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

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

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

33.   Driveway crossing levels

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

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

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

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

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

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

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

·        375mm diameter concrete pipe to connect the interallotment drainage pipe to the street drainage pit outside 14 Warrangi Street.

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

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

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

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

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

35.   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.

36.   Section 94 development contributions - other than identified centres

(For DAs determined on or after 19 December 2010).

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

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

The contributions specified above are subject to indexation and may vary at the time of payment in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index.  Prior to payment, please contact Council directly to verify the current payable contributions.

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

Notwithstanding the total above, in accordance with the s94E Direction issued by the Minister for Planning dated 3 March 2011, for so long as it remains legally in force, the maximum amount payable for the subject development application shall be $20,000 x 4= $80,000.

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.

37.   Bush fire risk certification

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

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

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

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

38.   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.

39.   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.

40.   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.

41.   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.

42.   Engineering fees

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

Reason:      To protect public infrastructure.

43.   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.

44.   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.

45.   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.

46.   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.

47.   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.

48.   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.

49.   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.

50.   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.

51.   Construction signage

All construction signs must comply with the following requirements:

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

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

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

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

·        are restricted to one such sign per property

·        do not exceed 2.5m²

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

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

52.   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.

53.   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.

54.   Sydney Water Section 73 Compliance Certificate

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

Reason:      Statutory requirement.

55.   Treatment of tree roots

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

Reason:      To protect existing trees.

56.   Cutting of tree roots

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

Reason:         To protect existing trees.

57.   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.

58.   Hand excavation

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

Reason:      To protect existing trees.

59.   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.

60.   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.

61.   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.

62.   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:

63.   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. 557840M_02 and dated 9 December 2014 have been complied with.

Reason:      Statutory requirement.

64.   Mechanical ventilation

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

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

·        The Building Code of Australia

·        Australian Standard AS1668

·        Australian Standard AS3666 where applicable

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

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

Reason:      To protect the amenity of surrounding properties.

65.   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.

66.   Accessibility

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

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

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

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

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

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

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

Reason:      Disabled access & services.

67.   Retention and re-use positive covenant

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

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

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

Reason:      To protect the environment.

68.   Certification of drainage works

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

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

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

·        retained water is connected and available for use

·        all grates potentially accessible by children are secured

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

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

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

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

Reason:      To protect the environment.

69.   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.

70.   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.

71.   Easement drainage line construction

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the required interallotment drainage system has been installed and surveyed under the supervision of a designing engineer or equivalent professional.

Note:    At the completion of the interallotment works, the following must be submitted to the Principal Certifying Authority for approval:

·        details from the supervising engineer that that the as-constructed works comply with the approved interallotment design documentation

·        a full works as executed drawing of the as built interallotment drainage line (dimensions, grades, materials, invert levels) prepared by a registered surveyor, and details from the  surveyor that all drainage structures are wholly contained within existing drainage easement(s)

Reason:      To protect the environment.

72.   Sydney Water Section 73 Compliance Certificate

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

Reason:      Statutory requirement.

73.   Reinstatement of redundant crossings and completion of infrastructure works

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

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

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

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

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

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

All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.

Reason:      To protect the streetscape.

74.   Construction of works in public road - approved plans

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Council Roads Act approval and accompanying drawings, conditions and specifications.

The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council.

The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved stamped drawings.  The works must be subject to inspections by Council at the hold points noted on the Roads Act approval.  All conditions attached to the approved drawings for these works must be met prior to the Occupation Certificate being issued. 

Reason:      To ensure that works undertaken in the road reserve are to the satisfaction of Council.

75.   Fire safety certificate

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

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

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

76.   Compliance with bush fire assessment, report and certificate

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 report below have been complied with:

Reason:      Statutory requirement.

Conditions to be satisfied at all times:

77.   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.

78.   Outdoor lighting

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 2005 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Reason:      To protect the amenity of surrounding properties.

79.   Noise control - plant and machinery

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

Reason:      To protect the amenity of surrounding residents.

CARRIED UNANIMOUSLY

193

Licence to Rotary Clubs of Turramurra and Ku-ring-gai to Conduct Markets in Wade Lane Car Park at Gordon

File: S02618/2

Vide: GB.5

To seek approval to review the terms of Council’s resolution of 28 October 2014 in respect of the proposed licence fee for the Rotary Clubs of Turramurra and Ku-ring-gai’s use of the mid-level of the Wade Lane Car Park.

Resolved:

(Moved: Councillors Citer/McDonald)

A.      That Council grant the renewal of a 5 year licence to the Turramurra Rotary Club Incorporated and the Ku-ring-gai Rotary Club Incorporated.

B.      That Council endorse the licence fee being established in accordance with Council’s Policy for the Management of Community and Recreational Land and Facilities and that an 80% rebate be applied to the market rate assessed by independent valuation as set out in the report.

C.      That Council notes that public advertising of the intent to grant the licence as prescribed by Sections 47 and 47A of the Local Government Act 1993 has been carried out and no public submissions were received.

D.       That Council confirms the Mayor and General Manager are authorised to execute all  documentation associated with the licence agreement.

E.       That Council authorise the Common Seal of Council to be affixed to licence documentation.

CARRIED UNANIMOUSLY

194

General Manager's Performance Review

File: CY00254/7

Vide: C.1

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

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

Confidential Mayoral Minute by the Mayor, Councillor Jennifer Anderson dated 25 June 2015.

Resolved:

(Moved Councillors Citer/McDonald)

A.   That Council recognises that overall the General Manager’s performance achieved a MORE THAN SATISFACTORY result for the 2014/2015 performance cycle.

B.   That Council grant a discretionary increase in total remuneration package of 4%.

C.   That the General Manager be formally advised of Council’s decision.

CARRIED UNANIMOUSLY

195

107 Junction Road, Wahroonga - Demolish Existing Structures and Construct 8 Self-Contained Dwellings over Basement Parking - SEPP (Housing for Seniors or People with a Disability) 2004

File: DA0294/14

Vide: GB.2

The following members of the public addressed Council:

G Cusack

C Blyth

To determine Development Application No. 0294/14 for the demolition of existing structures and construction of eight self-contained dwellings pursuant to SEPP (Housing for Seniors or People with a Disability) 2004.

Resolved:

(Moved: Councillors McDonald/Berlioz)

That Council, as the consent authority, grant development consent to DA0294/14 for the demolition of existing structures and construction of eight self-contained dwellings pursuant to SEPP (Housing for Seniors or People with a Disability) 2004 on land at 107 Junction Road, Wahroonga 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.     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.

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 survey and report (public infrastructure)

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

Public infrastructure

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

·        All driveway crossings and laybacks opposite the subject site.

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

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

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

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

8.     Dilapidation survey and report (private property)

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

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

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

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

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

9.     Construction and traffic management plan

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

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

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

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

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

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

·        Demolition

·        Excavation

·        Concrete pour

·        Construction of vehicular crossing and reinstatement of footpath

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

Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users. 

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

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.   Temporary construction exit

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

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

11.   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.

12.   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.

13.   Tree protection fencing

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

Reason:      To protect existing trees during the construction phase.

14.   Tree protective fencing type galvanised mesh

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metres 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.

15.   Tree protection signage

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

Tree protection zone.

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

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

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

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

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

Reason:      To protect existing trees during the construction phase.

16.   Tree protection mulching

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

Reason:      To protect existing trees during the construction phase.

17.   Tree protection - avoiding soil compaction

To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) beneath the canopy of the following tree/s is/are installed between the required tree protection fencing and the development works:

Reason:      To protect existing trees during the construction phase.

18.   Tree fencing inspection

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

Reason:      To protect existing trees during the construction phase.

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

19.   Long service levy

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

Reason:      Statutory requirement.

20.   Builder’s indemnity insurance

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

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

Reason:      Statutory requirement.

21.   Outdoor lighting

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

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

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

22.   Air drying facilities

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

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

Reason:      Amenity & energy efficiency.

23.   External service pipes and the like prohibited

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

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

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

24.   Access for people with disabilities (residential)

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

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

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

25.   Excavation for services

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

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

Reason:      To ensure the protection of trees.

26.   Pier and beam footings near trees

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the footings of the approved front fence/masonry wall will be isolated pier or pier and beam construction within the specified radius of the trunk/s of the following tree:

The piers shall be located such that no roots of a diameter greater than 30mm will be severed or injured during the construction period.  The beam/s shall be of reinforced concrete or galvanised steel sections and placed in positions with the base of the beam being a minimum of 50mm above existing soil levels.

Note:           Structural details of the pier or pier and beam construction shall be submitted to the Principal Certifying Authority.

Reason:      To protect existing trees.

27.   Recycling and waste management

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

The responsibility for:

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

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

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

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

Reason:      Environmental protection.

28.   Noise from plant in residential zone

Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00pm -6.00 am) when measured at the boundary of the site.

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

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

29.   Location of plant

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

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

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

30.   Driveway crossing levels

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

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

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

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

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

31.   Driveway grades - basement carparks

Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement floor level. The traffic engineer shall provide specific written certification on the plans that:

·           vehicular access can be obtained using grades of 20% (1 in 5) maximum and

·           all changes in grade (transitions) comply with Australian Standard 2890.1 -“Off-street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles. 

If a new driveway crossing is proposed, the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application.

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

32.   Basement car parking details

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

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

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

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

·           the dimensions of all parking spaces, including lengths and widths, comply with the State Environmental Planning Policy for Senior Living relating to height clearances and space dimensions

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

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

33.   Drainage of paved areas

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

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

34.   Vehicular access and garaging

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

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

35.   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.

36.   Underground services

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

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

37.   Privacy

To mitigate privacy impacts on adjoining properties, the following measures shall be implemented:

·        A fixed privacy screen shall be installed along the entire length of the western elevation of the balcony to Unit 7. The privacy screen shall have a height of 1.6 metres above the finished floor level. The privacy screen shall be constructed of a durable material, appropriately integrated and shall be designed so as to prevent direct overlooking of neighbouring properties.

·        A fixed privacy screen shall be installed along the entire length of the eastern elevation of the balcony to Unit 8. The privacy screen shall have a height of 1.6 metres above the finished floor level. The privacy screen shall be constructed of a durable material, appropriately integrated and shall be designed so as to prevent direct overlooking of neighbouring properties.

Reason:      To maintain neighbour amenity.

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

38.   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.

39.   Section 94 development contributions - other than identified centres

        (For DAs determined on or after 19 December 2010).

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:

40.   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.

41.   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.

42.   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.

43.   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.

44.   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.

45.   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.

46.   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.

47.   Post-construction dilapidation report

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

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

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

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

Reason:      Management of records.

48.   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 Investigation Ref: 14/03631 dated 31 March 2013 prepared by Michael Adler & Associates. 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.

49.   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.

50.   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.

51.   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.

52.   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.

53.   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.

54.   Construction signage

All construction signs must comply with the following requirements:

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

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

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

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

·        are restricted to one such sign per property

·        do not exceed 2.5m²

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

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

55.   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.

56.   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.

57.   Structures to be clear of drainage easements

During all phases of demolition, excavation and construction, it is the full responsibility of the applicant and their contractors to:

·        ascertain the exact location of the Council drainage pipe traversing the site in the vicinity of the works

·        take full measures to protect the in-ground Council drainage system

·        ensure dedicated overland flow paths are satisfactorily maintained through the site

Drainage pipes can be damaged through applying excessive loading (such as construction machinery, material storage and the like). All proposed structures and construction activities are to be sited fully clear of Council drainage pipes, drainage easements, watercourses and trunk overland flow paths on the site. Trunk or dedicated overland flow paths must not be impeded or diverted by fill or structures unless otherwise approved. 

If a Council drainage pipeline is uncovered during construction, all work is to cease and the Principal Certifying Authority and Council must be contacted immediately for advice. Any damage caused to a Council drainage system must be immediately repaired in full as directed and at no cost to Council.

Reason:      To protect existing Council infrastructure and maintain over land flow paths.

58.   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.

59.   Sydney Water Section 73 Compliance Certificate

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

Reason:      Statutory requirement.

60.   Arborist’s report

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

Reason:      To ensure protection of existing trees.

61.   Treatment of tree roots

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

Reason:      To protect existing trees.

62.   Cutting of tree roots

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

Reason:      To protect existing trees.

63.   Approved tree works

Approval is given for the following works to be undertaken to trees on the site. ALL trees shall be clearly tagged and identified consistent with the Arboricultural Impact Assessment Report by Landscape Matrix dated 11/04/2014, prior to ANY tree works being undertaken.

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.

64.   Excavation near trees

No mechanical excavation shall be undertaken within the specified radius of the trunk/s of the following tree/s until root pruning by hand by an AQF3 Arborist along the perimeter line of such works is completed:

Reason:      To protect existing trees.

65.   Hand excavation

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

Reason:      To protect existing trees.

66.   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.

67.   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.

68.   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:

69.   Easement for waste collection

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

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

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

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

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

71.   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. 537335M_03 have been complied with.

Reason:      Statutory requirement.

72.   Clotheslines and clothes dryers

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

Reason:      To provide access to clothes drying facilities.

73.   Mechanical ventilation

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

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

·        The Building Code of Australia

·        Australian Standard AS1668

·        Australian Standard AS3666 where applicable

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

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

Reason:      To protect the amenity of surrounding properties.

74.   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.

75.   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.

76.   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.

77.   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.

78.   Certification of drainage works

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

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

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

·        retained water is connected and available for use

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

·        all grates potentially accessible by children are secured

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

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

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

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

Reason:      To protect the environment.

79.   WAE plans for stormwater management and disposal

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.

80.   Basement pump-out maintenance

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

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

Reason:      To protect the environment.

81.   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.

82.   Sydney Water Section 73 Compliance Certificate

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

Reason:      Statutory requirement.

83.   Reinstatement of redundant crossings and completion of infrastructure works

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

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

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

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

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

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

All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.

Reason:      To protect the streetscape.

84.   Construction of works in public road - approved plans

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Council Roads Act approval and accompanying drawings, conditions and specifications.

The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council.

The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved stamped drawings.  The works must be subject to inspections by Council at the hold points noted on the Roads Act approval.  All conditions attached to the approved drawings for these works must be met prior to the Occupation Certificate being issued. 

Reason:      To ensure that works undertaken in the road reserve are to the satisfaction of Council.

85.   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.

86.   Fire safety certificate

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

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

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

87.   Restriction on land title - seniors living development

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

·        people 55 or over or people who have a disability

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

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

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

Conditions to be satisfied at all times:

88.   Outdoor lighting

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 2005 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Reason:      To protect the amenity of surrounding properties.

89.   Noise control - plant and machinery

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

Reason:      To protect the amenity of surrounding residents.

90.   Car parking

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

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

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

Reason:      To ensure adequate provision of visitor parking spaces.

91.   Height of fences, walls and screens

The overall height of any and all proposed fences, walls and courtyard or balcony screens shall not exceed 1800mm above the existing ground level.

Reason:     To maintain the established streetscape and ensure consistency of fencing to the development and area.

92.   Delete reference to fencing

All reference to the prefinished picket fence along the eastern side boundary is to be deleted as side and rear fencing is a civil matter under the Dividing Fences Act.

CARRIED UNANIMOUSLY     

196

Consideration of Submissions on the Planning Proposal to Heritage List 5 Properties in Turramurra, Wahroonga, Pymble and Killara

File: S10453

Vide: GB.4

The following members of the public addressed Council:

S Judd

For Council to consider the submissions received during the public exhibition of the planning proposal to heritage list 5 properties in Turramurra, Wahroonga, Pymble and Killara.

Resolved:

(Moved: Councillors Citer/Berlioz)

A.             That Council endorse the Planning proposal to list additional properties in Schedule 5 and the Heritage Map of the Ku-ring-gai Local Environmental Plan 2015; subject to the proposal being varied to only apply to 12 Bobbin Head Road, Pymble and 88 Fox Valley Road, Wahroonga.

B.            That Council proceed to make the Plan under delegated authority under Section 59 of the Environmental Planning and Assessment Act 1979.

C.            That those who made a submission be notified of Council’s resolution.

D.            That a condition of consent for any application to demolish 4-6 Neringah Avenue South, Wahroonga be as follows:

Interpretation Plan (Special Condition CNDD001)

Prior to any demolition works commencing on the site, the Principal Certifying Authority shall be satisfied that an Interpretation Plan has been submitted to and endorsed by Council.

An Interpretation Plan is a document that provides policies and details advice for interpreting the heritage significance of the building and includes detail about the interpretation media. Media can include signs, installations, displays, films, brochures or other means of communication. The Interpretation Plan shall be prepared by a suitably qualified and experienced person.

The media chosen is to clearly help the public understand and convey the significance of the building and shall be approved prior to any works occurring on site.  The Media is to be installed within 14 days of demolition being completed.

Reason:  To ensure the identified heritage significance of the building is interpreted via appropriate media for future generations.

E.             That Council defers any decision in regards to 6 Caithness Street and 33 Grandview Street for a Council briefing from a Heritage expert.

CARRIED UNANIMOUSLY

197

Ku-ring-gai Art Society - Annual Awards Exhibition and Purchase of Art Works

File: S02173

Vide: GB.1

To respond to the resolution of Council on 7 October 2014 requesting a report to Council about the annual purchase of art works from the Ku-ring-gai Art Society (KAS).

Resolved:

(Moved: Councillors Malicki/Pettett)

A.      That Council continues the annual practice of the Mayor purchasing art work from the Ku-ring-gai Art Society to the value of $1,000 and this to be reflected in the Mayor’s Delegations of Authority.

B.      That there is to be a Councillor discussion held with all interested Councillors on Council’s art collection and the use and future of the items in the collection.

CARRIED UNANIMOUSLY

198

Tender RFT5-2015 - Cameron Park Extension

File: S10025

Vide: GB.6

To consider the tenders received for the rebuild and extension of Cameron Park, Turramurra, and appoint the preferred tenderer.

Resolved:

(Moved: Councillors McDonald/Berlioz)

A.       That Council accept the tender submission from Tenderer ‘A’ to carry out the upgrade and extension works which includes improved children’s play area, BBQ facilities, shelter, outdoor table tennis facility, increased lawn areas and improved landscaping at Cameron Park, Turramurra.

B.       That Council approve the balance of funds required to be transferred from Section 94 funds as detailed in Attachment 1 to the project.

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

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

E.       That all tenderers be advised of Councils decision in accordance with Clause 178 of the Local Government Act and Tender Regulation.

CARRIED UNANIMOUSLY

199

205 Eastern Road Wahroonga - 102 Place Child Care Centre (DA0179/15)

File: DA0179/15

Vide: QN.1

Question Without Notice from Councillor Duncan McDonald.

Would the Director please advise (now or if you could please get back to me) the progress of this Development Application. I would like to bring this to Council for debate if it is considered as approval.

I already have some major concerns with traffic, around that site and I don’t know if I am allowed to embellish this any further than this statement.

Answer by Director Development and Regulations

The Director advised he will provide a progress report.

In relation to calling the matter to Council that shouldn’t really form part of a Question Without Notice as there is a separate process for that. If Councillor McDonald wishes to do so there is a process you can follow separately.

Deputy Mayor Chantelle Fornari-Orsmond advised she is also getting a briefing on this application on Wednesday 15 July 2015.(

200

Stolen Sundial – Lookout Park Turramurra

File: S05258

Vide: QN.2

Question Without Notice from Councillor Elaine Malicki.

There used to be a sundial in Lookout Park at Turramurra and the bronze sundial was stolen several years ago. When is this to be replaced on its column please?

Answer by Director Operations

The Director Operations will respond with a memorandum with regards to where it is. It was actually stolen and Council is in the process of obtaining a replacement.

201

Update regarding Upgrades and Leasing of 828 Pacific Highway Gordon

File: S09582

Vide: QN.3

Question Without Notice from Councillor Elaine Malicki.

Can Councillors have an update on 828 Pacific Highway, any upgrades and leasing proposed?

Answer by General Manager

The General Manager advised he will review it with the Directors and provide an update to Councillors.

Ordinary Meeting of Council - 28 July 2015

GB.1 / 77

Item GB.1

S08654

14 July 2015

purpose of report:

To advise Council of an invitation from the Hornsby Ku-ring-gai Women’s Shelter Inc. to purchase tickets for their Annual Gala Dinner on Saturday 15 August 2015.

background:

The Hornsby Ku-ring-gai Women’s Shelter fills a much needed gap in emergency housing for victims of domestic violence and homelessness. Since the official launch in December 2014 and opening its doors to clients in January 2015, the shelter has been at capacity.

comments:

The Women’s Shelter receives no government funding and is entirely dependent on donations. Proceeds raised from the Gala Dinner will help in providing temporary supported accommodation for women in times of crisis such as homelessness and/or domestic violence.

recommendation:

That Council purchase a table of 10 tickets for the Hornsby Ku-ring-gai Women’s Shelter Annual Gala Dinner for $650.00, and that Councillors who are interested in attending the dinner advise the General Manager by Friday 31 July 2015.

Recommendation:

A.       That Council purchase a table of 10 tickets for $650.00 for The Hornsby Ku-ring-gai Women’s Shelter Annual Gala Dinner on Saturday 15 August 2015.

B.       That any Councillors who would like to attend The Hornsby Ku-ring-gai Women’s Shelter Annual Gala Dinner advise the General Manager by Friday 31 July 2015.

Virginia Leafe

Manager Corporate Communications

Janice Bevan

Director Community

Attachments:

A1View

The Hornsby Ku-ring-gai Women's Shelter Annual Gala Dinner Flyer - 15 August 2015

2015/181150

APPENDIX No: 1 - The Hornsby Ku-ring-gai Women's Shelter Annual Gala Dinner Flyer - 15 August 2015

Item No: GB.1

Ordinary Meeting of Council - 28 July 2015

GB.2 / 82

Item GB.2

S10123

26 August 2014

purpose of report:

To consider the tenders received for the offsite storage and retrieval services for Council’s records.

background:

Council currently stores a significant portion of its records at an off-site storage facility with the Government Records Repository. In anticipation of a move of Council’s administration building to 828 Pacific Highway Gordon, a tender was called for the offsite storage and retrieval services of Council’s records.

comments:

The tender was advertised from 29 April 2014 to 22 May 2014 with a total of four (4) submissions received.

The Tender Evaluation Committee conducted a preliminary assessment of the tenders. However a number of significant assumptions for the tender were based on Council’s intended move at the time into the building at 828 Pacific Highway Gordon. Council’s recent decision to defer the move significantly impacts on the financial and other calculations used in the assessment of the tender as advertised.

recommendation:

That Council, in accordance with clause 178(3)(a) of the Local Government (General) Regulation 2005, declines to accept any of the tenders and cancels the proposal for the contract for offsite records storage and retrieval services.

Recommendation:

That Council, in accordance with clause 178(3)(a) of the Local Government (General) Regulation 2005, declines to accept any of the tenders and cancels the proposal for the contract for offsite records storage and retrieval services.

Matt Ryan

Manager Records & Governance

David Marshall

Director Corporate

Attachments:

A1

Tender T04/2014 - Offsite Records Storage and Retrieval Services - Tender Evaluation Committee Report

Confidential

A2

Tender T04/2014 - Offsite Records Storage and Retrieval Services - Evaluation Worksheet - All Submissions

Confidential

A3

Tender T04/2014 - Offsite Records Storage and Retrieval Services - Short-listed Firms

Confidential

Ordinary Meeting of Council - 28 July 2015

GB.3 / 88

Item GB.3

S05273

15 July 2015

purpose of report:

To present Council’s investment portfolio performance for June 2015.

background:

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

comments:

The net return on investments for the financial year to June 2015 was $3,898,000 against a revised budget of $3,699,000 giving an annual favourable variance of $199,000.

recommendation:

That the summary of investments performance for June 2015 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted. 

Recommendation:

A.       That the summary of investments and performance for June 2015 be received and noted.

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1View

Investments definitions specific to Council’s investment portfolio

2015/017138

APPENDIX No: 1 - Investments definitions specific to Council’s investment portfolio

Item No: GB.3

Ordinary Meeting of Council - 28 July 2015

GB.4 / 97

Item GB.4

S02046/8

8 July 2015

purpose of report:

To advise Councillors that the Local Government NSW Annual Conference will be held from 11 – 13 October 2015 at Rosehill Gardens Racecourse (James Ruse Drive Rosehill)

background:

The Conference is the annual policy-making event for the 152 councils of NSW. The Conference is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way we are governed.

Local Government NSW would now like to receive input from Councils to guide the content of the business sessions. Councils are requested to identify the most important issues which they believe are causing concern to the Council and/or the community and provide these details to them prior to Monday, 24 August 2015.

comments:

A draft program has been developed for the Conference and is attached for information.

recommendation:

The Councillors advise the General Manager by Friday, 31 July 2015, identifying any issues including appropriate solutions that they would like to see raised for discussion at the 2015 Conference and that a further report be brought back to the Ordinary Meeting of Council on Tuesday, 11 August 2015 for Council’s consideration, prior to the referral to Local Government NSW by the deadline.

Recommendation:

A.   That Councillors advise the General Manager by Friday, 31 July 2015 of identified issues, including appropriate solutions, that they would like to see raised for discussion at the 2015 Conference.

B.   That a further report be brought back to the Ordinary Meeting of Council to be held on Tuesday, 11 August 2015 for Council’s consideration, prior to the referral to Local Government NSW by the deadline.

Christine Dunand

Governance Officer

Matt Ryan