Present:

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

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors D Citer & C Szatow (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

Councillor C Fornari-Orsmond (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Operations (Greg Piconi)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Acting Director Development & Regulation (Corrie Swanepoel)

Acting Director Strategy & Environment (Antony Fabbro)

Manager Corporate Communications (Virginia Leafe)

Governance Officer (Christine Dunand)

Minutes Secretary (Judy Murphy)

232

Apologies

File: S02194

Councillor Duncan McDonald tendered an apology for non-attendance [business reasons ] and requested leave of absence.

Resolved:

(Moved: Councillors Fornari-Orsmond/Pettett)

That the apologies  be accepted and leave of absence granted

. CARRIED UNANIMOUSLY

Late Items:

MM.2 - VALE Barrett 'Barry' Leslie Lewis AO - Former

Ku-ring-gai Councillor 

MM.3 - VALE Andrea Coleman 1959 – 2015 Volunteer Member of Ku-ring-gai Rural Fire Service Brigade

MM.4 -  Councillor Elaine Malicki – Ku-ring-gai Council’s Longest Serving Elected Representative

PT.1 - Proposed Child Care Centre 18-20 Lady Game Drive Killara DA0588/14 - (One hundred and sixty seven [167] Signatures)

PT.2 -  Proposed Clearway at Mona Vale Road St Ives (Six Hundred and Two [602] Signatures)

Councillors Information:

Attachment 1 to GB.1  - Delivery Program 2013 – 2017 & Operational Plan 2014 – 2015 – Bi-annual Report

Traffic Management in St Ives - Memorandum from Director Operations dated 18 August 2015 in relation to QWN from Councillor Ossip regarding a report on Traffic Management in St Ives.

Stolen Sundial at Lookout Park Turramurra – Memorandum from Director Operations dated 20 August 2015 in relation to QWN from Councillor Malicki regarding the stole sundial at Lookout Park Turramurra.

Late Confidential Items:

C.1 - 2016 General Manager’s Performance Agreement

233

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 11 August 2015

Minutes numbered 220 to 231

Resolved:

(Moved: Councillors Citer/Malicki)

That Minutes numbered 220 to 231 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting, with a change to Minute No 228 Proposed Interim Heritage Order - Berrilee 25 Bushlands Avenue Gordon the reference to Sir Robert Christian Simpson be changed to Sir Robert Christian Wilson. 

That the Apologies to include ‘Cr Cheryl Szatow was also absent under a previous apology tendered to Council.’

CARRIED UNANIMOUSLY

234

VALE Jean Rixon

File: CY00455/3

Vide: MM.1

It is my sad duty to inform my Councillor colleagues and the Ku-ring-gai community of the passing of a much loved resident, Jean Rixon from Roseville.

Until her death last month, Jean was an energetic volunteer who since her retirement as an esteemed local pharmacist, had made it her life’s mission to serve Ku-ring-gai residents.

Despite being in her mid-eighties, Jean gave her time tirelessly as a volunteer pastoral worker for St Andrews Anglican Church at Roseville. She visited the sick in hospitals, the elderly in their homes and nursing homes and provided meals for anyone who needed them.

Such was her cheerfulness, energy and dedication that she inspired others to become pastoral care volunteers at the church.

Jean was also a keen tennis player, playing every week at Roseville until shortly before her death.

Despite being an only child and never marrying, Jean touched lives and brought comfort to many. She was admired for her compassion and empathy for others. Members of St Andrews Church nominated her for a Mayoral Seniors Award this year, which I was pleased to present to her in March.

The Ku-ring-gai community and her many friends have lost a great person who will be remembered long after her passing. May Jean rest in peace knowing the appreciation of the community she served well.

Resolved:

A.   That the Mayoral Minute be received and noted.

B.   That we stand for a minute’s silence to honour Jean Rixon.

C.   That the Mayor writes to Jean’s family and encloses a copy of this Mayoral Minute

CARRIED UNANIMOUSLY

235

VALE Barrett 'Barry' Leslie Lewis AO - Former Ku-ring-gai Councillor

File: CY00455/3

Vide: MM.2

I have received the sad news that former Ku-ring-gai Council alderman Barry Lewis passed away at his home in Port Macquarie on 7th July 2015 aged 87 years.

Mr Lewis was an alderman for more than 30 years at the Sutherland, Sydney City and Ku-ring-gai councils respectively. His distinguished career in local government began in 1956 when he was elected to Sutherland Council. In 1969 he was elected to Sydney City Council, serving as Deputy Lord Mayor 1973-74 and 1976-77, and where he was to meet his wife of almost 40 years, Nanette Rudge. Nanette was also a Sydney City alderman and together they continued to serve the Sydney community throughout the 1970s and early 1980s.

Mr Lewis became an experienced and knowledgeable committee member on topics ranging from parking to health services. It was this breadth of experience that Ku-ring-gai Council was to benefit from when he and his wife Nanette were elected in 1987. Both of them served the Ku-ring-gai community between 1987 and 1991, representing Roseville Ward.

When they retired to Port Macquarie 15 years ago, they found a new community to serve. Their shared love of heritage meant they became involved in the restoration of the historic Wesleyan chapel in Horton Street. In 1998 Barry became project director of the St Thomas's Anglican Church Restoration project - a position he held until 2004.

Both Barry and Nanette were recognised for their services to the community in 2007 with the Medal of the Order of Australia. Arguably they were one of the few husband and wife duos to be awarded double honours.

Their selfless record of service to every community they have lived in deserves special mention and recognition. We acknowledge and thank Barry Lewis for his contribution to the Ku-ring-gai community and offer our condolences to his family and friends.

Resolved:

A.   That the Mayoral Minute be received and noted.

B.   That we stand for a minute’s silence to honour Barry Lewis

C.   That the Mayor writes to Barry’s family and encloses a copy of this Mayoral Minute.

CARRIED UNANIMOUSLY

236

VALE Andrea Coleman 1959 – 2015 Volunteer Member of Ku-ring-gai Rural Fire Service Brigade

File: CY00455/3

Vide: MM.3

It is my sad duty to advise my Councillor colleagues and Ku-ring-gai residents of the untimely death of a much loved member of our community, Ms Andrea Coleman.

Andrea became a volunteer with the Ku-ring-gai RFS Brigade in 2010. With her children growing older she felt she wanted to give back something to the community she lived in.

Initially she was made assistant training officer, but her organisational skills and warm engaging personality soon saw her become the brigade’s community engagement officer.

In this role, Andrea had the responsibility of putting on education displays at locations such as
St Ives Shopping Village and open days at the brigade headquarters. She also hosted community engagement activities such as street meetings and school visits to discuss bushfire prevention with the public.

Last week Ku-ring-gai RFS Brigade captain Mark Unsworth paid tribute to the positive impact Andrea had on educating residents on the dangers of bushfire. “She was a brilliant organiser, full of energy. I knew that I could give her any task and she would not only make sure it was done, but that it was a great success.”

Her passing has special poignancy for Council staff. Andrea worked closely with members of our environment and bush management team in organising educational events. Her happy nature and ability to connect with everyone she met will be sorely missed by them.

We are deeply sorry to hear of Andrea’s sudden and unexpected passing. On behalf of the Council and the Ku-ring-gai community, I extend my sincere condolences to her family – especially her children Max and Philippa – and to the members of the Ku-ring-gai RFS Brigade who knew and loved her.

Resolved:

A.   That the Mayoral Minute be received and noted.

B.   That we stand for a minute’s silence to honour Andrea Coleman

C.   That the Mayor writes to Andrea’s family and encloses a copy of this Mayoral Minute.

CARRIED UNANIMOUSLY

237

Councillor Elaine Malicki - Ku-ring-gai Council's Longest Serving Elected Representative

File: CY004553

Vide: MM.4

Tonight I would like to especially acknowledge Cr Elaine Malicki, who has achieved the distinction of becoming Ku-ring-gai Council’s longest serving elected representative.

Since her election in September 1991, Cr Malicki has impressively notched up close to 24 years of service, now surpassing the previous record of just over 23 years and eight months held by the late Tony Hall.

For the benefit of residents and those present at tonight’s meeting, here is an outline of Cr Malicki’s achievements during her long career in local government.

Cr Malicki has served three terms as Mayor, notably during centenary celebrations for the Council in 2006 and two terms as Deputy Mayor. She has served on a range of Council committees, including planning and bushfire management.

Cr Malicki has been a key driver and advocate in many large projects including the Ku-ring-gai Fitness and Aquatic Centre, North Turramurra Recreation Area, several new parks and upgrades to neighbourhood centres. She is a passionate supporter of sport in Ku-ring-gai and a committed proponent of creating a regional park on the site of Gordon Golf Course.

Cr Malicki received a Long Service Award from the Minister for Local Government in 2012 and a high commendation in the 2013 Women in Local Government Awards.

Cr Malicki’s experience on Council is reflected in her interest in local community affairs, particularly those affecting Ku-ring-gai’s beautiful natural environment. Prior to her election on Council, Elaine was president of a coalition of community groups which successfully opposed the building of a freeway through the Lane Cove Valley bushland. She was also secretary of the Ku-ring-gai Ratepayers Association and instigator of the Urban Runoff Committee. She also instigated the Ku-ring-gai Residents' Coalition, which allowed local action groups to join together for mutual support.

The Rural Fire Service honoured Cr Malicki with an award for her work in educating the community on bushfire prevention. Cr Malicki also had the pleasure of officially opening the new RFS headquarters at Wahroonga in 2013, a project in which she played a leading role.

In conclusion, on behalf of the Council and our community, I thank Cr. Malicki for her long commitment to preserving Ku-ring-gai’s unique qualities and her dedication to local government. We extend our congratulations on her record breaking service to Ku-ring-gai Council and its community.

Resolved:

(Moved: Mayor, Councillor Anderson)

That this Mayoral Minute be received and noted.

CARRIED UNANIMOUSLY

238

Proposed Child Care Centre 18-20 Lady Game Drive Killara DA0588/14 - (One hundred and sixty seven [167] Signatures)

File: DA0588/14

Vide: PT.1

“We, the undersigned, petition the Mayor and Councillors of Ku-ring-gai  to stop the proposed change of use of the residential property located at 18-20 Lady Game Drive Killara to a Child Care Centre.”

Resolved:

(Moved: Councillors Citer/Armstrong)

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

CARRIED UNANIMOUSLY

239

Proposed Clearway at Mona Vale Road St Ives (Six Hundred and Two [602] Signatures)

File: TM1/07

Vide: PT.2

“We, the undersigned, request the Mayor and Councillors of Ku-ring-gai to petition the State Government of NSW to stop the proposed clearway for Mona Vale Road St Ives. (Six Hundred and Two [602] Signatures).”

Resolved:

(Moved: Councillors Berlioz/Ossip)

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

CARRIED UNANIMOUSLY

240

Extinguishment and Relocation of Council Easement - 6A-8 Buckingham Road Killara

File: CY00066/7

Vide: GB.2

To seek Council approval to the extinguishment and relocation of an easement in favour of Council at 6A‑8 Buckingham Road, Killara

Resolved:

(Moved: Councillors Malicki/Szatow)

A.       That the General Manager or his delegate be authorised to negotiate Council’s requirements including compensation for the extinguishment of the existing easement (J344860) and the modification/creation of a new easement in favour of Council at 6A‑8 Buckingham Road, Killara.

B.       Subject to the General Manager or his delegate completing negotiations as set out in the report that Council grant approval for the extinguishment of the existing easement and the creation of a new easement in favour of Council at 6A-8 Buckingham Road, Killara.

C.       That Council authorises the Mayor and General Manager to affix the Common Seal of the Council to the instrument for the release of the easement and the creation of the new easement and to execute all associated documentation.

CARRIED UNANIMOUSLY

241

Investment Report as at 31 July 2015

File: S05273

Vide: GB.3

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

Resolved:

(Moved: Councillors Malicki/Pettett)

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

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

CARRIED UNANIMOUSLY

242

Analysis of Land and Environment Court Costs - 4th Quarter 2014 to 2015

File: S05273

Vide: GB.4

To report legal costs in relation to development control matters in the Land and Environment Court for the year ended 30 June 2015.

Resolved:

(Moved: Councillors Malicki/Pettett)

That the analysis of Land and Environment Court costs for the year ended 30 June 2015 be received and noted.

CARRIED UNANIMOUSLY

243

90–92 Eton Road Lindfield - DA0552/14 - Construction of 13 Small Lot Dwellings, New Road, Stormwater System and Community Title Subdivision into 14 Lots

File: DA0552/14

Vide: GB.5

Construction of 13 small lot houses, new private roadway, stormwater works and Community title subdivision into 14 lots.

Resolved:

(Moved: Councillors Malicki/Pettett)

THAT the Council, as the consent authority, grant deferred development consent to DA0552/14 for the construction of 13 small lot houses and Community Title subdivision into 14 lots, being 13 residential Torrens title lots and 1 community Lot for the private road, at 90-92 Eton Road, Lindfield (formerly 100 Eton Road), for a period of two (2) years from the date on which the consent becomes operable.

SCHEDULE A: Deferred Commencement - Terms to be satisfied prior to the consent becoming operable

The following deferred commencement terms must be complied with to the satisfaction of Council within 24 months of the date of issue of this deferred commencement consent:

Approval for relocation of Council pipe and easement

In order for the consent to become operable;

(i)      The applicant must obtain a resolution from Ku-ring-gai Council, as the asset owner, that it will consent to the relocation of the existing Council easement for     drainage and underground pipe.

(ii)     A full hydraulic design for the relocation of the pipe is to be prepared in accordance with the requirements of Chapter 9 of Council’s DCP 47 Water Management and submitted to Council with the relevant application and fees.  The design must be suitable for construction.

(iii)    Council’s resolution is required for the relocation of the pipe, extinguishment of the existing easement and where required, the creation of a new easement.

Reason:      To protect the environment and Council's assets.

Once the consent becomes operable, the following conditions apply:

SCHEDULE B – Conditions of Development Consent

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.

4.     Amendments to approved plans

The approved plans including architectural, landscaping and engineering shall be amended as follows:

-        The proposed sandstone retaining wall to the landscape easement between the private open space of Precinct 5 and the adjoining Asset Protection Zone is to follow the     existing contours to ensure compliance with maximum 1 metre height and avoid          conflicts with rock outcropping (5.7.5 Edgelea Urban Design Guidelines February 2012).

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

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

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

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

5.     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

6.     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.

7.     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.

8.     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, including kerb and gutter, of Eton Road from Abingdon Road to the southern extremity of the subject site, including the bus bay.

          Tubbs View, full road pavement.

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.

9.     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.

10.   Access through public reserve not permitted

Access for construction purposes shall not be gained through the adjoining public reserve.  Should no alternative access exist, an application for access to the construction site via the public reserve shall be submitted to Council for consideration and approval prior to the commencement of works.

Reason:    To protect public reserves.

11.   Construction and traffic management plan

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

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

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

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

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

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

o   Excavation

o   Concrete pour

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

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

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

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

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 fencing inspection

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

Reason:    To protect existing trees during the construction phase.

14.   Construction waste management plan

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

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

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

Reason:    To ensure appropriate management of construction waste.

15.   Noise and vibration management plan

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

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

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

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

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

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

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

·           noise and vibration monitoring, reporting and response procedures

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

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

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

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

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

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

16.   CCTV report of existing Council pipe system near works

Prior to the commencement of any works on site, qualified practitioners must undertake a closed circuit television inspection and then report on the existing condition of the Council drainage pipeline through Lots 8 to 14. The report must be provided to Council’s, Development Engineer and is to include a copy of the video footage of the pipeline. A written acknowledgment from Council’s Development Engineer (attesting to this condition being appropriately satisfied) shall be obtained and submitted to the Principal Certifying Authority prior to the commencement of any works on site.

Reason:    To protect Council’s infrastructure.

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

17.   Project ecologist

A Project Ecologist shall be commissioned prior to the release of the Construction Certificate to ensure all bushland/environmental protection measures are carried out in accordance with the conditions of consent.

The Project Ecologist shall have a minimum qualification of TAFE Certificate III in Bush Regeneration or Conservation and Land Management - Natural Area Restoration. He/she shall have at least 4 years experience in the management of native bushland in the Sydney region. Details of the arborist including name, business name and contact details shall be provided to the Principal Certifying Authority with a copy to Council.

Reason:    To ensure the protection of existing biodiversity values of the site

18.   Fauna protection

Prior to works commencing and/or tree removal works a qualified ecologist shall investigate all trees within the development for fauna occupation. In accordance with appropriate licensing requirements the ecologist shall supervise the relocation of any fauna found within the trees approved for removal.

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment and Heritage.

Evidence of engagement of the qualified ecologist and the required licensing must be provided to the Private Certifying Authority with a copy to Council prior to the trees being removed.

Reason:    To ensure protection of fauna species.

19.   Nest boxes

Prior to works commencing and/or tree removal works being undertaken eighteen nest boxes comprising of 6 small mammal & 6 medium mammal, 6 microbat boxes shall be installed within the retained (bushland) area to the south of the proposed development. The nest boxes shall be constructed of durable wood material (marine ply) and installed at a minimum height of 6 metres from the ground and positioned under the direction of a qualified ecologist.

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment and Heritage.

Reason:      To ensure protection of fauna species.

20.   Amendments to approved tree protection plan

Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved tree protection 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 tree protection plan(s) shall be amended in the following ways:

1. Tree protection and ground protection is to be provided to the bushland edge directly southeast of the proposed access road, retaining wall to Lot 14 and stormwater works. The fencing is to connect to that shown in association with Trees 830 and 831. Sediment fencing is to be relocated along the line of the tree protection fencing.

Note:                   An amended plan, prepared by a qualified arborist and verified by the Project Arborist and Project Ecologist shall be submitted to the Certifying Authority.

Reason : To protect existing trees during construction phase

21.   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.

22.   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.

23.   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.

24.   Tree protection fencing/ground protection

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

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

Reason : To protect existing trees during construction phase

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

If the design for the new Council pipe from Eton Road to the bioretention basin has not been approved with the Council report, then 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

Development consent does not give approval to these works on Council's asset.  The applicant must obtain a separate approval under sections 138 and 139 of The Roads Act 1993 for the works 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.

26.   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.

27.   Underground services

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

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

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

28.   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 hat 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.

29.   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:

30.   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.

31.   Prescribed conditions

The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

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

·        In the case of residential building work for which the Home Building Act 1989           requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.

Reason:    Statutory requirement.

32.   Hours of work

Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.

Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.

Where it is necessary for works to occur outside of these hours (ie) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RTA from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Note:         Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.

Reason:    To ensure reasonable standards of amenity for occupants of neighbouring properties.

33.   Rural Fire Service conditions

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

1. At the commencement of building works, and in perpetuity, the site shall be managed as an Inner Protection Area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Water and utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

2. The provision of water, electricity and gas shall comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

3. The proposed shared property access road shall comply with section 4.1.3 (2) of ‘Planning for Bush Fire Protection 2006’.

Design and construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

4. The north-east, south-east and south-west elevations of dwellings proposed on lots 11-14 (as shown on drawing no. P5_DA02.001[1], prepared by BatesSmart, revision 1, dated 26/9/2014) shall comply with section 3 and section 7 (BAL 29) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection' 2006’.

5. The north-west elevations of dwellings proposed on lots 11-14 and north-east and south-east elevations of dwellings proposed on lots 8-10 (as shown on drawing no. P5_DA02.001[1], prepared by BatesSmart, revision 1, dated 26/9/2014) shall comply with section 3 and section 6 (BAL 19) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone area’ and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection' 2006’.

6. The south-west and north-west elevations of dwellings proposed on lots 8-10 and all elevations of dwellings proposed on lots 2 to 7 (as shown on drawing no. P5_DA02.001[1], prepared by BatesSmart, revision 1, dated 26/9/2014) shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

Reason:   statutory requirement

34.   Temporary irrigation

Temporary irrigation within the Tree protection fencing is to be provided where necessary during all stages of works.  Irrigation volumes are to be determined by the Project Arborist.

Reason:  To protect trees to be retained on site.

35.   Demolition of existing site structures

To preserve the health and condition of existing trees to be retained,  all demolition of existing structures including tree removal, are to be undertaken within the access restricted to the existing roads and in accordance with Section 2, Appendix 6 and Appendix 7, Arboricultural Impact Appraisal and Method Statement, Naturally Trees, 8/04/15(Rev B). Where vehicular access is required across existing soft landscape area, temporary ground protection capable of supporting the vehicles is to be constructed in accordance with Section 4.5.3, AS4970-2009 Protection of trees on development sites.

Reason:  To protect trees to be retained on site.

36.   Approved plans to be on site

A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.

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

37.   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.

38.   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.

39.   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.

40.   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.

41.   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.

42.   Use of road or footpath

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

Reason:    To ensure safety and amenity of the area.

43.   Guarding excavations

All excavation, demolition and construction works shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.

Reason:    To ensure public safety.

44.   Toilet facilities

During excavation, demolition and construction phases, toilet facilities are to be provided, on the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Reason:    Statutory requirement.

45.   Certification of footings & excavation adjacent to easements

During demolition and construction, the Principal Certifying Authority shall be satisfied that:

·         footings, and any required permanent excavation or drainage easement support, are constructed in accordance with the conditions of this consent relating to footings and excavation adjacent to drainage easements and/or drainage pipes

·         footings allow for complete future excavation over the full width of the easement to a depth of the invert of the pipe, without the need to support or underpin the subject structure

Reason:    Safety.

46.   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.

47.   Maintenance period for works on Council asset

A maintenance period of six (6) months applies to all work on Council's assets carried out by the applicant - after the works have been completed to the satisfaction of Ku-ring-gai Council. In that maintenance period, the applicant shall be liable for any section of the public infrastructure work which fails to perform in the designed manner, or as would reasonably be expected under the operating conditions. The maintenance period shall commence once the applicant receives a formal letter from Council stating that the works involving public infrastructure have been completed satisfactorily.

Reason:    To protect public infrastructure.

48.   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.

49.   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.

50.   Footings and excavation near easements

Footings to be located adjacent to easements and/or Council drainage pipes shall be sited and constructed so that all footings are located outside of easement boundaries.

The applicant shall refer to Council Plan 80-011 concerning such works. Footings must extend to at least the depth of the invert of the adjacent pipe within the easement unless the footings are to be placed on competent bedrock.  If there is no pipe within the easement, a future depth of pipe of 1.6 metres is to be assumed for future pipe placement.  If there is a Council pipe without an easement a future easement width of 1.8 metres centred on the pipeline is to be adopted. 

If permanent excavation is proposed beneath the obvert of the pipe within the easement, suitable means to protect the excavation from seepage or other water flow from the pipe and trench and means to retain the easement and associated pipe cover are to be provided at no cost to Council.  Council accepts no liability for such seepage or water flows now or at any time in the future resulting from such excavation.

Reason:    To ensure structural stability.

51.   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.

52.   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 CoOrdinator. 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 CoOrdinator, 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.

53.   Arborist’s report

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

Reason:    To ensure protection of existing trees.

54.   Treatment of tree roots

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

Reason:    To protect existing trees.

55.   No storage of materials beneath trees

No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.

Reason:    To protect existing trees.

56.   Removal of refuse

All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.

Reason:    To protect the environment.

57.   On site retention of waste dockets

All demolition, excavation and construction waste dockets are to be retained on site, or at suitable location, in order to confirm which facility received materials generated from the site for recycling or disposal.

·        Each docket is to be an official receipt from a facility authorised to accept the    material type, for disposal or processing.

·        This information is to be made available at the request of an Authorised Officer of    Council.

Reason:   To protect the environment.

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

58.   Concept approval

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

Reason:   To ensure compliance with the Concept Approval.

59.   Positive covenant and easement over bioretention basin

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that an easement or equivalent has been created over the bioretention basin in terms which allow its maintenance by the community association together with a positive covenant and restriction on use describing how it is to be maintained.  The terms of the positive covenant and restriction on use can be generally in accordance with Council's "draft terms of Section 88B Instrument for the protection of on site detention facilities".

Reason:  To protect the environment.

60.   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. 577084M have been complied with.

Reason:    Statutory requirement.

61.   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.

62.   Completion of tree works

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

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

63.   Retention and re-use positive covenant

Prior to issue of the Final Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88B or 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site stormwater retention and re-use facilities and water quality measures (such as rain-gardens) 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 the Final Occupation Certificate.

Reason:    To protect the environment.

64.   Certification of drainage and roadworks

Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that the stormwater drainage and roadworks have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans.

Note:  A suitably qualified engineer is to provide evidence documenting the above.

Reason:    To protect the environment.

65.   WAE plans

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 and the new road and retaining structures. 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.

66.   CCTV report of pipe after work

Prior to issue of the Occupation Certificate, a closed circuit television inspection and report on the Council drainage pipeline traversing the site is to be undertaken by appropriate contractors and provided to Council’s Development Engineer.  The report is to include a copy of the footage of the inside of the pipeline.  Any damage that has occurred to the section of the pipeline since the commencement of construction on the site must be repaired in full to the satisfaction of Council’s Development Engineer at no cost to Council.

Reason:    To protect the environment.

67.   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.

68.   Construction of infrastructure works - approved plans

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved drainage works have been completed 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 on Council's assets are to the satisfaction of Council.

69.   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.

Conditions to be satisfied prior to the issue of a Subdivision certificate:

70.   Easement for waste collection

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.

71.   Sydney Water Section 73 Compliance Certificate

Prior to release of the linen plan/issue of the subdivision certificate, the Section 73 Sydney Water compliance certificate which refers to the subdivision application must be obtained and submitted to the Council.

Reason:    Statutory requirement.

72.   Requirements of public authorities for connection to services

Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority shall be satisfied that the applicant has complied with the requirements of any public authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, AGL, etc) in regard to the connection, relocation and/or adjustment of the services affected by the proposed subdivision. All costs related to the relocation, adjustment or support of services are the responsibility of the applicant.

Note:         Details of compliance with the requirements of any relevant public authorities are to be submitted to the Principal Certifying Authority.

Reason:    To ensure that services are available to the allotments of land.

73.   Provision of services

Prior to issue of the Subdivision Certificate, separate underground electricity, gas and phone or appropriate conduits for the same, must be provided to each allotment to the satisfaction of the utility provider. A suitably qualified and experienced engineer or surveyor is to provide certification that all new lots have ready underground access to the services of electricity, gas and phone. Alternatively, a letter from the relevant supply authorities stating the same may be submitted to satisfy this condition.

Reason:    Access to public utilities.

74.   Submission of 88b instrument

Prior to the issue of the Subdivision Certificate, the applicant must submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies to Council. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the burdens.

Reason:    To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.

75.   Submission of plans of subdivision

For endorsement of the subdivision certificate, the applicant shall submit an original plan of subdivision plus 6 copies, suitable for endorsement by Council. The following details must be submitted with the plan of subdivision and its copies:

a)       the endorsement fee current at the time of lodgement

b)       the 88B instrument plus 6 copies

c)       all surveyor’s and/or consulting engineers’ certification(s) required under this           subdivision consent

d)       The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

e)       The Precinct Plan

Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees. Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.

Reason:    Statutory requirement.

76.   General easement/R.O.W. provision and certification

Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.  Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required, then proof to this effect must be submitted to the Principal Certifying Authority.

Reason:    To ensure that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.

CARRIED UNANIMOUSLY

244

Proposed Exhibition of Draft Percentage Levy Contributions Plan

File: S10604

Vide: GB.6

The purpose of this report is to present a draft percentage levy (indirect) contributions plan to Council and to seek a recommendation that the draft document be exhibited.

Resolved:

(Moved: Councillors Malicki/Pettett)

A.   That the draft indirect s94A Contributions Plan be placed on statutory exhibition for a minimum of 28 days and that a report be prepared back to Council following the completion of the exhibition period.

B.   That delegation be granted to the General Manager to make any typographical changes of an explanatory or clarifying nature to the draft Contributions Plan that do not alter the intent of the s94A Contributions Plan as reported to Council.

CARRIED UNANIMOUSLY

245

Destruction of Council records

File: S04882

Vide: NM.1

Notice of Motion from Councillor Malicki dated 17 August 2015

I have been informed by staff that all records connected with Ku-ring-gai's recreation areas prior to 1997 no longer exist. This includes Development and Building Applications which as we know contain conditions of consent and other important and relevant information.

I move that council receive a report on this matter including where the documents went, the extent of the cull which occurred, whether other areas of council records have likewise been removed, who authorised the removal or destruction of these records and when, and any other relevant matter.

Resolved:

(Moved: Councillors Malicki/Szatow)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

246

Angle parking St Ives Village Green

File: S07533

Vide: NM.2

Notice of Motion from Councillor Berlioz dated 17 August 2015

The Masterplan for St Ives Village Green adopted 11/05/2010 includes the provision of right angle (perpendicular) parking spaces on Memorial Avenue and Cowan Road. This method of parking provides more parking spaces than the tradition parallel parking.

One major drawback of perpendicular parking however is that it is a lot more hazardous to get out of a perpendicular spot compared to a parallel spot. Traffic vision is generally much more constrained (by adjacent vehicles, mostly) and you tend to have to stick yourself right into the flow.

Angle parking is a compromise solution with a better view of the roadway for leaving, and better angle for faster switching from parked mode to traffic mode.

Since the adoption of the St Ives Village Masterplan four years ago, development of multi unit dwellings in both Memorial Avenue and Cowan Road roads and in surrounding areas means Cowan and Memorial roads have become more heavily used and vehicle volumes have increased and are likely to continue to do so.

Both streets are undergoing multi-unit development and both streets carry increased traffic resulting from local development as well as development outside our local area

Competing needs of parking versus efficient vehicle movement can impede mobility and compromise safety. Given the increased traffic volumes in Memorial Avenue and Cowan Road, I move that:

A.      A comparative study be undertaken of three parking scenarios on Memorial Avenue and Cowan Road (perpendicular parking, 60degree angle parking and indented Parallel parking) using updated traffic data to assess the safety factors and the potential impacts on traffic flow.

B       For each of the three scenarios, the study should include:

·          Concept drawings of required dimensions of car spaces and width of maneuverability.

·          An overlay demonstrating the square metreage of St Ives Village Green and trees which will be lost.

·          The yield or loss of car spaces compared with the existing number available.

·          For each option an estimate of cost.

C.      A report comes back to council within the first quarter of 2016.

Resolved:

(Moved: Councillors Berlioz/Ossip)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

247

2016 General Manager Performance Agreement

File: CY00254/7

Vide: C.1

Confidential Mayoral Minute by the Mayor, Councillor Jennifer Anderson dated 21 August 2015

Resolved:

(Moved: Councillor Malicki/Pettett)

That the 2016 General Manager Performance Agreement be deferred for until the next Ordinary Meeting of Council to be held on Tuesday 8 September 2015. 

CARRIED UNANIMOUSLY

248

Delivery Program 2013-2017 and Operational Plan 2014-2015 - Bi-annual Report

File: FY00382/7

Vide: GB.1

To report to Council on the progress of the Revised Delivery Program 2013-2017 and Operational Plan 2014-2015, for the period January to June 2015.  

Resolved:

(Moved: Councillors Malicki/Pettett)

A.      That the report on the six (6) monthly progress review of the Revised Delivery Program, 2013-2017 and Operational Plan 2014/2015 for the period of January 2015 to June 2015 be received and noted.

B.      That 2014-2015 Tasks as listed in the report be carried over or included for completion in Council’s 2015-2016 Operational Plan.

C.      That Council receive  and note the report having regard that comments contained therein reflect achievements across Council for the last twelve months.

D.      That the final paragraph in the Key Achievements section of P1.1.1.1 page 67 Book 1 relating to the Canoon Road Recreation Area Master Plan being:

            ‘Following facilitated meetings between user groups and residents the Canoon Road Recreation Area Master Plan (as part of the Plan of Management) has become more than a statutory document. It has established some common ground between the local residents and users, and will establish a framework that involves all parties in the management of the land into the future.’

         be removed from the Revised Delivery Program 2013-2014 & and Operational Plan 2014/2015 attachment.

CARRIED UNANIMOUSLY

249

Proposed Imminent Clearway for Mona Vale Road St Ives

File: TM1/07

Vide: BN.1

Councillor David Ossip drew Council’s attention to the RMS plans to implement a seven (7) days a week clearway on Mona Vale Road between the Pacific Highway, Pymble and Kitchener Street, St Ives. This clearway will include the segment of Mona Vale Road between Stanley Street and Rosedale Road in St Ives, with consequential impacts upon the strip of shops adjacent to Mona Vale Road which currently benefit from street parking opportunities available outside their stores.

The strip of shops on Mona Vale Rd between Stanley Street and Rosedale Road is a focal point for the St Ives community. For decades, residents of St Ives and Ku-ring-gai have been well served by this collection of small businesses. I am personally aware of the substantial risks many of these business owners have taken to set up their businesses and refit their stores. Some owners have mortgaged their own family home or made other sacrifices in order to establish businesses which enliven our community and invigorate our local economy. We must never forget this sacrifice and must always remember that these small businesses add to the amenity of living in Ku-ring-gai by providing the goods and services we all desire and by providing a source of local employment.

With this mind, I would like to formally note my concern about the impact the proposed clearway will have on the strip of shops which occupy this part of Mona Vale Road. The owners of the various stores estimate that they will lose significant revenue as a result of this clearway, putting their future at risk. This is because of their reliance on passing trade, which they believe will be lost should the clearway proceed. This is particularly distressing to a few business owners who have either recently entered into new leases for their premises or spent hundreds of thousands of dollars on new fit-outs for their respective stores.

Given the risks that are taken to establish such businesses and the substantial benefits that the community as a whole derive from such risk, government has a role in creating an environment in which small business can succeed. Certainly, it is not government’s role to ensure the success of every small business – the fact that some businesses succeed and some fail is a natural feature of the capitalist system. But equally, it’s not government’s job to make life more difficult for small business.

This is certainly the view of Jonathan O’Dea MP who has been a very strong advocate for these businesses and who has done everything within his power thus far to ensure that all viewpoints have been taken into consideration and appropriate process has been followed.

Resolved:

(Moved: Councillors Ossip/Berlioz)

A.      That Council formally notes its concern about the potential adverse impact of the proposed clearway on the strip of shops on Mona Vale Road, between Stanley Street and Rosedale Road in St Ives, and formally asks if further consideration can be given to reducing the impact of the proposed clearway on these businesses.

B.     That a copy of this motion be sent as a matter of urgency to the local State member of parliament, Jonathan O’Dea MP and to the appropriate RMS representative.

CARRIED UNANIMOUSLY

250

Educating Residents to the Recent Changes to 10/50

File: S10321

Vide: QN.1

Question Without Notice from Councillor Elaine Malicki

What are we going to do to educating residents to the recent changes to 10/50?

Answer by Acting Director Strategy and Environment

The Acting Director Strategy and Environment advised he will take the question on notice.

251

Notification of Changes to 10/20

File: S10321

Vide: QN.2

Question Without Notice from Councillor Elaine Malicki

Can we put out a Press Release or in other ways use the website or use any other method to make this clear (relating to changes to 10/50)?

Answer by Manager Corporate Communications

The Manager Corporate Communications advised a media release and website update were in hand.

252

Update on the Net Additional Dwellings Constructed in Ku-ring-gai since April 2004

File: S07685/2

Vide: QN.3

Question Without Notice from Councillor Christiane Berlioz

Could we be provided with an update on the net additional dwellings constructed in Ku-ring-gai since April 2004, specifying additional dwellings for each suburb and specifying dwellings inside and outside the town centres as we used to get, making sure it is delivered the way I’d like it delivered.

Answer by Acting Director Strategy and Environment

The Acting Director Strategy and Environment advised he will take that on notice. Noting that the Metropolitan Urban Development Program is now the formal and official calculator for development yields in Ku-ring-gai, but we can look at what data we have to furnish the question.