Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 10 November 2015
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Present: |
The Mayor, Councillor C Szatow (Chairperson) (Gordon Ward) Councillors E Malicki & J Pettett (Comenarra Ward) Councillor D Citer (Gordon Ward) Councillors C Berlioz & D Ossip (St Ives Ward) Councillors J Anderson & D Armstrong (Roseville Ward) Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward) |
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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) Corporate Lawyer (Jamie Taylor) Manager Corporate Communications (Virginia Leafe) Manager Records and Governance (Amber Moloney) Governance Officer (Christine Dunand) Town Planning Consultant (Kerry Gordon) |
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The Meeting commenced at 7.00 pm
The Mayor offered the Prayer
The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.
No Interest was declared.
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:
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Late Items: |
GB.13 – Fit for the Future Update
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Memorandums: |
GB.11 – Lindfield Community Hub – Planning Proposal and site-specific DCP – Recommendations Memorandum from Manager Urban and Heritage Planning regarding changes to the recommendation in the report |
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Councillors Information: |
QWN – Transcript NM.2 – Notice of Motion by Cr Malicki – Allocation and use of Sports Fields and Courts in Ku-ring-gai – Memorandum from Director Corporate dated 5 November, 2015 in relation to a QWN from Councillor Pettett requesting a transcript of the wording used by public speakers from KNA at the OMC 27/10/2015.
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PETITIONS
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4 Binalong Street, West Pymble - Two Lot Torrens Title Subdivision - DA0543/14
File: DA0543/14 Vide: GB.6
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Two lot Torrens title subdivision
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(Moved: Councillors Berlioz/Armstrong)
A. THAT Council, as the consent authority grant consent to Development Application No. 0543/14 for subdivision to create two Torrens title lots, construction of a driveway and installation of services at Lot 1 DP 867842, No. 4 Binalong Street, West Pymble, for a period of two years from the date of the Notice of Determination, subject to the following conditions:
CONDITIONS THAT IDENTIFY APPROVED PLANS
1. Approved architectural plans and documentation (new development)
The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
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. In the event of any inconsistency between the above documents, the document with the later date shall prevail.
Reason: To ensure that the development is in accordance with the determination.
Conditions to be satisfied prior to the issue of the construction certificate:
3. 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.
4. Vegetation Management Plan (VMP)
The following Vegetation Management Plans, prepared by Cumberland Ecology, dated October 2015, is endorsed in their entirety.
· All weeding removal, weed techniques, environmental protection measures and ongoing maintenance works are to be carried out in accordance with the VMP.
· All noxious and environmental weeds are to be removed from the within the site.
· All planting works are to be undertaken.
· All vegetation works are to be conducted by a suitably qualified bush regenerator. The minimum qualifications minimum qualifications and experience (for bush regenerator) are a TAFE Certificate 2 in Bushland Regeneration and one year demonstrated experience (for other personnel). In addition the site supervisor is to be eligible for full professional membership of the Australian Association of Bush Regenerators (AABR). Reason: To ensure the protection and enhancement of ecological values within the site.
5. 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.
6. 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 THE ISSUE OF THE CONSTRUCTION CERTIFICATE
7. 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.
8. Underground services
All electrical services (existing and proposed) shall be undergrounded. Undergrounding of services must not disturb the root system of existing trees to be retained 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.
9. Long service levy
In accordance with Section 109F(i) of the Environmental Planning and Assessment Act a Construction Certificate shall not be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided to Council.
10. 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
11. 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.
12. 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.
13. Design for driveway and stormwater service
Prior to issue of the Construction Certificate, the certifying authority is to be satisfied that plans suitable for construction have been prepared for the driveway and stormwater service as shown on the approved DA plans.
Reason: To ensure that the development is in accordance with the determination.
14. Section 94 development contributions - other than identified centres
This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:
The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.
The contributions specified above are subject to indexation and 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 1 = $20,000.
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.
15. 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.
CONDITIONS TO BE SATISFIED PRIOR TO COMMENCEMENT OF WORKS
16. 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.
17. 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.
18. 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.
19. 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.
Any hay bales used on site must be wrapped to reduce the risk of weed introduction. Exotic cover crops are not to be used in proximity of the riparian corridor or conservation plantings.
Reason: To preserve and enhance the natural environment.
20. Insurances
The applicant or the applicant’s contractor shall ensure that there is adequate Worker’s Compensation policy in force for the staff carrying out the work, and shall supply a copy of such policy to Council prior to the commencement of work.
The applicant must indemnity Council against all loss of or damage to the property of others and injury or death to any persons which may arise out of or in consequence of the carrying out of the work and against all claims, demands, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto, In this regard, the applicant shall take out a public liability policy during the currency of the works in the sum of not less than $20,000,000 and to be endorsed with Ku-ring-gai Council as principal, and keep such policy in force at the applicant’s own expense. A certificate from the applicant’s insurers to this effect is to be lodged with Council before any work is commence. The amount of Common Law liability shall be unlimited.
Any hay bales used on site must be wrapped to reduce the risk of weed introduction. Exotic cover crops are not to be used in proximity of the riparian corridor or conservation plantings.
Reason: Public interest.
21. 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 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.
22. 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.
23. 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.
24. 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.
25. Nest boxes
Prior to works commencing and/or tree removal works being undertaken, three nest boxes comprising 1 small mammal, 1 microbat & 1 medium mammal, shall be installed within the retained trees within the site. 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.
26. Fauna protection
Prior to works commencing and/or tree removal works, a qualified ecologist shall investigate all trees 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.
27. Council assets
Any disturbance or damaged areas adjacent to the public land or roadway shall be restored or landscaped to the satisfaction of Council’s Direction Operations, Full cost to be bourne by the developer. The total cost of all construction and restoration work shall be bourne by the applicant.
Reason: To ensure a high standard of Council asset.
28. Engineering fees
For the purpose of any development related inspections by Ku-ring-gai Council engineers, the corresponding fee set out in Councils adopted 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.
29. 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. 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).
Reason: Provision of utility services.
30. 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.
Details are to be included in the monitoring reports associated with Conservation Management Plan.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. Tree protective fencing type galvanised mesh
The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing.
Reason: To protect existing trees during construction phase.
38. Tree protection sign
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.
39. 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.
40. Tree fencing inpection
Upon installation of the required tree protection measures, an inspection of the site by the AQF5 Project Arborist and 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.
41. 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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
47. Thrust boring
Excavation for the installation of any services within the specified radius of the trunk/s of the following tree/s shall utilise the thrust boring method. Thrust boring shall be carried out at least 600mm beneath natural ground level to minimise damage to tree/s root system:
Reason: To protect existing trees.
48. Trees on nature strip
Removal/pruning of the following tree/s from Council's nature strip to permit vehicular access shall be undertaken at no cost to Council by an experienced tree removal contractor/arborist holding public liability insurance amounting to a minimum cover of $20,000,000:
Reason: To ensure protection of existing trees.
CONDITIONS TO BE SATISFIED PRIOR TO RELEASE OF SUBDIVISION CERTIFICATE
49. Issue of Subdivision Certificate
The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied and an Occupation Certificate has been issued by the Principal Certifying Authority.
Reason: To ensure that the development is completed prior to transfer of responsibility for the site and development to another person.
50. Submission of plans of subdivision (Torrens title)
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 a 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) Proof of payment of S94 contribution
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.
51. 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.
52. 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.
53. Removal of noxious plants & weed
All noxious and/or environmental weed species shall be removed from the property by ecological sustainable practices prior to the issue of the subdivision Certificate.
Reason: To protect the environment.
54. Removal of refuse
All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.
Reason: To protect the environment.
55. 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.
56. Tree protection – Section 88b instrument
Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority is to be provided with evidence of the creation of a restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the area of land shown on the Survey Plan Dwg #2 dated 31/072015, the terms of which state that any excavations, soil level changes or construction works are prohibited.
Reason: To protect existing vegetation.
57. Reinstatement of crossing
Prior to issue of the Subdivision Certificate, the principal Certifying Authority is to be satisfied that following works have been completed:
· construction of the new driveway crossing and layback in accordance with the levels and specifications issued by Council · removal of all redundant driveway crossings, pipe crossing and/or kerb laybacks. Full reinstatement of these sections to footway, and/or turfed verge and/or kerb and gutter to the satisfaction of Council · reinstatement works match surrounding adjacent infrastructure with respect to marrying of levels and materials · any sections of damaged grass verge are to be replaced with a non-friable turf of native variety to match existing · any 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) has been repaired to the satisfaction of Council and at no cost to Council
Reason: To protect public infrastructure and the streetscape.
58. 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.
59. General easement/ROW 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.
60. Driveway and stormwater service to be constructed
Prior to the issue of the Subdivision Certificate, the Principal Certify Authority is to be satisfied that the driveway and stormwater services have been constructed as shown on the approved Construction Certificate Plans.
The designing engineer is to certify that the works have been carried out in accordance with the approved Construction Certificate Plans, and a works-as-executed drawing is to be provided.
Reason: To ensure that the development is in accordance with the determination.
61. Provision of services
Prior to the 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.
CARRIED UNANIMOUSLY
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15 - 17 College Crescent, St Ives - Demolition of existing structures and construction of a multi-dwelling development of 12 units, basement car parking and landscaping
File: DA0589/14 Vide: GB.7
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To determine Development Application No.DA0589/14 for the demolition of existing structures and construction of a multi-dwelling development of 12 units, basement car-parking and landscaping.
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(Moved: Councillors Berlioz/Fornari-Orsmond)
· THAT Council, as the consent authority, grant development consent to DA0589/15 for demolition of two existing dwellings and construction of a multi dwelling housing development containing 12 townhouses, landscaping and basement car parking on land at 15 – 17 College Crescent, St Ives, for a period of two years from the date of the Notice of Determination, subject to the following conditions:
Conditions that identify approved plans:
1. Approved architectural plans and documentation (new development)
The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure that the development is in accordance with the determination.
2. Inconsistency between documents
In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.
Reason: To ensure that the development is in accordance with the determination.
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 College Crescent over the site frontage, including the full intersection · 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:
Address: 11 College Crescent (existing dwelling) 9-11 College Crescent (if in the event that construction has commenced)
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 a medium 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.
NO construction vehicles movements are to occur during the school drop-off (8.00am to 9.30am) and pick-up hours (2.30pm to 4.00pm) on school days.
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. Work zone
A work zone shall be provided along the site frontage together with a ‘No Parking’ restriction opposite the access for the construction period. The applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.
If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.
Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.
In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.
Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. Tree fencing inspection
Upon installation of the required tree protection measures, an inspection of the site by the Project Arborist and 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.
17. Noise and vibration management plan
Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority. The management plan is to identify amelioration measures to achieve the best practice objectives of AS 2436-2010 and NSW Department of Environment and Climate Change Interim Construction Noise Guidelines. The report shall be prepared in consultation with any geotechnical report that itemises equipment to be used for excavation works.
The management plan shall address, but not be limited to, the following matters:
· identification of the specific activities that will be carried out and associated noise sources · identification of all potentially affected sensitive receivers, including residences, churches, commercial premises, schools and properties containing noise sensitive equipment · the construction noise objective specified in the conditions of this consent · the construction vibration criteria specified in the conditions of this consent · determination of appropriate noise and vibration objectives for each identified sensitive receiver · noise and vibration monitoring, reporting and response procedures · assessment of potential noise and vibration from the proposed demolition, excavation and construction activities, including noise from construction vehicles and any traffic diversions · description of specific mitigation treatments, management methods and procedures that will be implemented to control noise and vibration during construction · construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency · procedures for notifying residents of construction activities that are likely to affect their amenity through noise and vibration · contingency plans to be implemented in the event of non-compliances and/or noise complaints
Reason: To protect the amenity afforded to surrounding residents during the construction process.
Conditions to be satisfied prior to the issue of the construction certificate:
18. Amendments to approved landscape plan
Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved landscape plans, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:
The above landscape plan(s) shall be amended in the following ways:
· existing ground levels and grades shall be maintained within the site frontage forward of Unit 6. The proposed ground level of 155.15 is not approved and is to be deleted from the landscape plan · notation is to be placed on plan that existing levels to the east of Unit 6 shall be maintained.
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended are required by this condition.
Note: An amended plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.
Reason: To ensure adequate landscaping of the site.
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. Design changes
The following design changes shall be indicated on the plans prior to the issue of a Construction Certificate:
· 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 · Solar protection – prior to the issue of a Construction Certificate the architectural plans shall be amended to indicate the provision of external solar protection of east and west facing openings to habitable rooms in Block A. The solar protection of openings must not include fixed unoperable louvres. · Fencing - prior to the issue of a Construction Certificate the architectural plans shall be amended to indicate courtyard fencing above 1200mm being of a suitable material that is not solid and adequately maintains privacy.
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. 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, [enter unit nos.], 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.
26. 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.
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 Council’s DCP. 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 (residential flat buildings)
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 (Volume C Part 3.4 of the Local Centres DCP for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement · no doors or gates are provided in the access driveways to the basement carpark which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area · the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans
Reason: To ensure that parking spaces are in accordance with the approved development.
33. Car parking allocation
Car parking within the development shall be allocated in the following way:
Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.
At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.
Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.
Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with federal legislation.
34. Number of bicycle spaces
The basement car park shall be adapted to provide # bicycle spaces in accordance with DCP 55. The bicycle parking spaces shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.
Reason: To provide alternative modes of transport to and from the site.
35. 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 College Crescent:
· new kerb inlet pits and new 375mm diameter reinforced concrete pipe to Council’s street drainage system. The installation of the 375mm drainage pipe be relocated a minimum setback of 2m from the kerb. The design engineer is to provide supporting hydraulic calculations to check the required capacity given that 45 degree bend is required when connecting into the new kerb inlet pits.
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.
36. Energy Australia requirements
Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.
Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.
Reason: To ensure compliance with the requirements of Energy Australia.
37. 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.
38. 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):
39. 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.
40. Section 94 Contributions - 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 will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.
Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.
Reason: To ensure the provision, extension or augmentation of the Key Community Infrastructure identified in Ku-ring-gai Contributions Plan 2010 that will, or is likely to be, required as a consequence of the development.
Conditions to be satisfied during the demolition, excavation and construction phases:
41. 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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
47. 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.
48. 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.
49. 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.
50. 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 Report prepared by STS Geo Environmental Pty Ltd dated December 2014. 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.
51. 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.
52. 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.
53. 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.
54. Maintenance period for works in public road
A maintenance period of six (6) months applies to all work in the public road reserve 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.
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. 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.
58. 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.
59. 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.
60. 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.
61. 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.
62. 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.
63. 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.
64. 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.
65. 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.
66. 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.
67. Survey and inspection of waste collection clearance and path of travel
At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:
· ascertain the reduced level of the underside of the slab at the driveway entry, · certify that the level is not lower than the level shown on the approved DA plans; and · certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area. · This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab. · No work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.
At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area. This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.
Reason: To ensure access will be available for Council’s contractors to collect waste from the collection point.
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. 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. 595860M_07 have been complied with.
Reason: Statutory requirement.
71. 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.
72. 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 Council’s Local Centres DCP Volume C Part4R.9). 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.
73. 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 Council’s Local Centres DCP Volume C Part 4B.5 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 Council’s Local Centres DCP Volume C Part 4R.6 · 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
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.
74. 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.
75. 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.
76. 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 Council’s Local Centres DCP Volume C Part 4R.9). 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.
77. 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.
78. Certification of as-constructed driveway/carpark - RFB
Prior to issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that:
· the as-constructed car park complies with the approved Construction Certificate plans
· the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 - 2004 “Off-Street car parking" and the Seniors Living State Environment Planning Policy in terms of minimum parking space dimensions
· finished driveway gradients and transitions will not result in the scraping of the underside of cars
· no doors, gates, grilles or other structures have been provided in the access driveways to the basement carpark, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area
· the vehicular headroom requirements of: - Australian Standard 2890.1 - “Off-street car parking” - The Seniors Living SEPP (as last amended) for accessible parking spaces - 2.6 metres height clearance for waste collection trucks (refer DCP 40) are met from the public street into and within the applicable areas of the basement carpark
Note: Evidence from a suitably qualified and experienced traffic/civil engineer indicating compliance with the above is to be provided to and approved by the Principal Certifying Authority prior to the issue of an Occupation Certificate.
Reason: To ensure that vehicular access and accommodation areas are compliant with the consent.
79. 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.
80. 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.
81. 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 at all times:
82. No door restricting internal waste collection in basement
At all times, the basement garbage storage and collection area is to be accessible by Council’s Waste Collection Services. No doors, grilles, gates or other devices shall be provided in any location which would prevent this service. Where a gate, door or the like is to be erected, unimpeded access to the garbage collection point is to be provided by other means through written agreement with Council’s Waste Collection Services.
Reason: To facilitate access to the garbage collection point.
83. 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.
84. 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.
85. Annual fire safety statement
Each 12 months after the installation of essential fire or other safety measures, the owner of a building must cause the Council to be given an Annual Fire Safety Statement for the building. In addition a copy of the statement must be given to the NSW Fire Commissioner and a copy displayed prominently in the building.
Reason: To ensure statutory maintenance of essential fire safety measures.
For the Resolution: The Mayor, Councillor Szatow, Councillors Citer, McDonald, Pettett, Malicki, Armstrong, Berlioz, Anderson, Fornari-Orsmond
Against the Resolution: Councillor Ossip
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Update Report on the Development Contributions System
File: S06785/3 Vide: GB.10
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The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system over the past six months and anticipated actions and highlights for the coming twelve months.
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(Moved: Councillors Berlioz/McDonald)
A. That the latest update report on the development contributions system in Ku-ring-gai be received and noted.
B. That Ku-ring-gai Council commends the residents in the streets surrounding Greengate Park in Bruce Avenue Killara for their initiative and commitment in forging a new community.
CARRIED UNANIMOUSLY
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T14/2015 - NTRA - Stage 4B Turf Sportsfields and Surrounds
File: S09880 Vide: GB.12
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To consider the tenders received for the construction of North Turramurra Recreation Area (NTRA) Stage 4B Turf Sportsfields and Surrounds and appoint the preferred tenderer.
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(Moved: Councillors Berlioz/McDonald)
A. That Council accepts the tender from Tenderer “A” as listed in the confidential attachment from the Tender Evaluation Committee to award a contract for T14-2015 Stage 4B Turf Sportsfields and Surrounds.
B. That the tender documents be referred to Council’s solicitor to assist in preparing contract documents that is in Council’s best interest.
C. That the Major 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 Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.
CARRIED UNANIMOUSLY
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Standing Orders
were suspended to deal with items
where there are speakers first after a
Motion moved by Councillors Armstrong and McDonald
was CARRIED UNANIMOUSLY
Councillor Ossip withdrew during discussion
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Marian Street Theatre - Community Engagement Outcomes
File: S10577 Vide: GB.2
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The following members of the public addressed Council
M Inglis W Blaxland
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To report to Council the outcomes of the community engagement program undertaken for the Marian Street Theatre.
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(Moved: Councillors Citer/Fornari-Orsmond)
A. That the outcomes from the community engagement program for the Marian Street Theatre, undertaken by Straight Talk, be received and noted by Council.
B. That the Straight Talk community engagement and communications report be placed on Council’s website.
C. That the outcomes from the community engagement program for the Marian Street Theatre, undertaken by Straight Talk, be used to inform any future master planning for cultural facilities, including live theatre, in Ku-ring-gai.
CARRIED UNANIMOUSLY
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Councillor Ossip returned
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Marian Street Theatre for Young People - Request for Financial Assistance
File: S10095/2 Vide: GB.3
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The following members of the public addressed Council
M McCrae J Blaxland-Ashby
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To advise Councillors of a request from the Marian Street Theatre for Young People (MSTYP) for financial assistance to support their operations throughout 2016.
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(Moved: Councillors Berlioz/Malicki)
A. That Council provide the MSTYP financial assistance of $30,000 to support its operations to June 30 2016.
B. That, should Council provide financial assistance to the MSTYP, Council prepare a funding agreement between Council and the MSTYP prior to funding being issued to the MSTYP.
C. That the funding agreement include a condition for MSTYP to provide a detailed 3-year long term financial plan to council by the end of May 2016.
D. That the 3-year long term financial plan be reported back to council by 30 June 2016.
For the Resolution: Councillors McDonald, Pettett, Malicki, Berlioz, Anderson and Fornari-Orsmond
Against the Resolution: The Mayor, Councillor Szatow, Councillors Citer, Armstrong, Ossip
The Amendment became the Motion
For the Motion Councillors Fornari-Orsmond, McDonald, Anderson, Armstrong, Berlioz, Citer, Malicki, Pettett
Against the Motion The Mayor, Councillor Szatow
The above was subject to a Motion which was put
Moved: by Councillors Ossip/Citer
CARRIED UNANIMOUSLY
The above Resolution was CARRIED as an Amendment to the Original Motion.
The Original Motion was:
(Moved: Councillors Citer/Armstrong)
A. That Council provide the MSTYP financial assistance of $60,000 (plus GST) to support its operations throughout 2016.
B. That the $60,000 (plus GST) be paid in two equal instalments of $30,000 (plus GST) in March and July 2016.
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Lindfield Local Centre - Commuter Car Parking
File: S10377 Vide: GB.9
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The following member of the public addressed Council
G Hosier
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The purpose of this report is to seek Council’s approval to submit a proposal to Transport for NSW (TfNSW); the proposal will form the basis for commencing negotiations and completing an agreement between the parties for the provision of commuter car parking spaces in Lindfield local centre.
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(Moved: Councillors Armstrong/Fornari-Orsmond)
A. That Council submit a formal proposal to TfNSW for the provision of commuter car parking in Lindfield based on the following key terms:
- Provision of 100 car spaces on the east side of Lindfield as part of the Lindfield Village Green project; - Provision of 140 car spaces on the west side of Lindfield as part of the Lindfield Community Hub project; - Car parking to be provided as a stratum within multi-level basement car park; - Current time frame for delivery of the Lindfield Village Green is mid 2018 assuming a 12 month construction program and 12 month development approval process; and - Current time frame for delivery of the Community Hub is mid-2020 assuming a 30 month construction program and 12 month development approval process.
B. That the basis on which Council commences negotiations with TfNSW, with a view to completing an agreement between the parties, be an “in principle” cost as identified in Confidential Attachment A3 subject to further clarification of assumptions, limitations, exclusions and risks identified by RLB in Lindfield Village Green – Design Competition Concept Design Stage - Supplementary Estimate Report JMD / TZG Alternative Design Options, 5th March 2015; and an additional sum (to be quantified) for consultancy fees for quantity surveyor, transport planner and designers for preparation of concept design work on the second basement level of car park to date. Further, the agreement shall take into account the project risk, land ownership, maintenance and operating costs, and future rights of access to the parties.
C. That the General Manager and his delegates be delegated authority to negotiate an “in principle” agreement with TfNSW;
D. That a report be bought back to Council with the results of negotiations once an “in principle” agreement has been reached between the parties for Council approval.
CARRIED UNANIMOUSLY
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Councillor Fornari-Orsmond withdrew during discussion
Councillor Fornari-Orsmond returned
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Lindfield Community Hub - planning proposal and site-specific DCP
File: S10749 Vide: GB.11
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The following member of the public addressed Council
G Hosier
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To update Council on the requirement to prepare a planning proposal to amend Ku-ring-gai LEP (Local Centres) 2012 (KLEP 2012) and to prepare a site-specific DCP to reflect the adopted preferred master plan option for the Lindfield Community Hub site.
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(Moved: Councillors Berlioz/Armstrong)
A. That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to amend the Ku-ring-gai LEP (Local Centres)2012 as it applies to the Lindfield Community Hub site as follows:
i. Rezone the site, excluding the R4 zoned portion of 12 Bent Street, from part Zone B2 Local Centres, part Zone RE1 Public Recreation and part Zone SP2 Local Road to Zone B2 Local Centre; ii. Amend the Height of Buildings Map to increase the maximum height of buildings for the site, excluding the R4 zoned portion of 12 Bent Street, from 11.5 metres to 26.5 metres; iii. Amend the Floor Space Ratio map to increase the maximum FSR for the site from 1:1 to 1.3:1 iv. Amend the Land Reservation Acquisition Map to delete the reservation for Public Recreation applying to the land at 2-10 Bent Street and reservation for Local Road applying to land at 12 Bent Street, Lindfield.
B. That the Planning Proposal be submitted to the Department of Planning and Environment for a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979.
C. That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements
D. That a report be brought back to Council at the end of the exhibition processes.
E. That a site-specific DCP be prepared for the site in accordance with the adopted preferred master plan (Option 2 - revised EOI version). The site specific DCP provisions are to take the form of an amendment to the Ku-ring-gai Local Centres DCP and to be incorporated into Volume B Part 1 of that DCP.
F. That Council authorises the General Manager and/or his delegate to commence the process to subdivide the lot at 12 Bent Street Lindfield to excise that part of the lot zoned R4 High Density Residential with the view for future divestment.
G. That a revised program for the Lindfield Community Hub project be reported to Council on 8 December 2015.
H. That Council adopt in principle the Traffic Management Option 1C of the Lindfield Local Centre Transport Network Model Study 2013/14 and submit it to Roads and Maritime Services for concurrence.
I. That Council include an additional mandatory element within the project scope for the Lindfield Community Hub as follows: · Construction of a new urban plaza with a minimum size of 900sqm · The urban plaza is to directly adjoin the proposed park and be accessible from Woodford Lane.
CARRIED UNANIMOUSLY
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Councillor Szatow withdrew during discussion
Councillor Ossip took the Chair
Councillor Szatow returned
Councillor Ossip withdrew from the Chair
Councillor Pettett withdrew during discussion
Councillor Pettett returned
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File: TM1/07 Vide: NM.2
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The following members of the public addressed Council
A Abroon M Akberian M Sher S Sher
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Notice of Motion from Councillors Berlioz and Ossip dated 2 November 2015 The RMS has proposed to install a 7 day clearway on Mona Vale Road through St Ives. The local shops and businesses on Mona Vale Road located between Stanley Street and Rosedale Road depend heavily on passing motorists and drop-in trade. Any decision to implement a clearway on Mona Vale Road between Stanley Street and Rosedale Road would cause untold impact to the viability of these small businesses. Observation of traffic flows in this segment of Mona Vale Road shows that traffic flows freely except when stopped by the traffic light on the intersection of Mona Vale Road and Stanley Street. Consequently, it would appear, prima facie, that there is no justification for the implementation of such a clearway. We therefore move that: 1. Council writes to RMS and requests that, in relation to the segment of Mona Vale Road between Stanley Street and Rosedale Road, it abandons plans to implement a clearway.
2. Council writes to RMS and requests that RMS provide Council with all data relevant to this particular segment of Mona Vale Road including traffic studies on the volume and speed of traffic, an economic impact study for the businesses which would be affected by the proposed clearway and traffic modelling to demonstrate the benefits of a clearway in this section on traffic flow.'
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(Moved: Councillors Ossip/Berlioz)
That the above Notice of Motion as printed be adopted.
For the Resolution: The Mayor, Councillor Szatow, Councillors Citer, Malicki, Armstrong, Berlioz, Anderson, Fornari-Orsmond and Ossip
Against the Resolution: Councillors McDonald and Pettett
The above resolution was subject to an Amendment which was LOST. The Lost Amendment was:
(Moved: Councillors Malicki/Fornari-Orsmond
The RMS has proposed to install a 7 day clearway on Mona Vale Road through St Ives. The local shops and businesses on Mona Vale Road located between Stanley Street and Rosedale Road depend heavily on passing motorists and drop-in trade. Any decision to implement a clearway on Mona Vale Road between Stanley Street and Rosedale Road would cause untold impact to the viability of these small businesses. Observation of traffic flows in this segment of Mona Vale Road shows that traffic flows freely except when stopped by the traffic light on the intersection of Mona Vale Road and Stanley Street. Consequently, it would appear, prima facie, that there is no justification for the implementation of such a clearway. We therefore move that: 1. Council writes to RMS and requests that, in relation to the segment of Mona Vale Road between Stanley Street and Rosedale Road, it abandons plans to implement a clearway.
2. Council writes to RMS and requests that RMS provide Council with all data relevant to this particular segment of Mona Vale Road including traffic studies on the volume and speed of traffic, an economic impact study for the businesses which would be affected by the proposed clearway and traffic modelling to demonstrate the benefits of a clearway in this section on traffic flow.'
3. Should the RMS insists that a clearway is needed, then Council asks the RMS to investigate replicating the solution put in place in North Ryde benefiting McDonalds and KFC where an additional lane was created to retain the parking outside this very small retail centre.
For the Resolution Councillor Malicki
Against the Resolution: The Mayor, Councillor Szatow, Councillors Citer, Armstrong, Berlioz, Anderson, Fornari-Orsmond, Ossip McDonald and Pettett
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST.
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Project update - 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase
File: S10065 Vide: GB.8
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To provide an update to Council on the progress of the disposal of part of 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase and to seek final approval for their disposal.
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A Motion was moved by Councillors Malicki and McDonald that voting on the item be in seriatum was CARRIED UNANIMOUSLY
A1. That Council approves the divestment of 90 Babbage Road, Roseville Chase by public auction.
For the Resolution: The Mayor, Councillor Szatow, Councillors Citer, McDonald, Pettett, Malicki, Anderson, Fornari-Orsmond and Ossip
Against the Resolution: Councillors Armstrong and Berlioz
A2. That Council approves the divestment of proposed Lot 11 or any future property identification of this parcel of land created by subdivision of 4 Binalong Street, West Pymble by public auction.
CARRIED UNANIMOUSLY
B. That Council authorises the General Manager and/or his delegate to set the reserve price established by way of two independent valuation reports for each property.
C. That in the event that the properties do not achieve the reserve prices set at auction, that Council authorise the General Manager and/or his delegate to negotiate a contract price.
D. That Council authorises the Mayor and General Manager to execute all documentation and affix the Council Seal, if required, to all documents associated with the sale of these two parcels of land.
E. That following the subdivision of 4 Binalong Street, West Pymble the balance of the land (nominally known as Lot 10) be reclassified as Community land.
F. That net proceeds are allocated to Council’s Infrastructure and Facilities Reserve.
CARRIED UNANIMOUSLY
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Standing Orders
were suspended to deal with
NM.1 Extra fencing at Edenborough Oval to stop dogs getting ticks and
also protect native flora and fauna, and
NM.3 – Emeritus Mayor Jennifer Anderson
after a Motion
moved by
Councillors Ossip and Berlioz
For the Motion: The Mayor, Councillor Szatow, Councillors McDonald, Malicki, Armstrong, Berlioz, Anderson, Fornari-Orsmond and Ossip
Against the Motion: Councillors Citer and Pettett
Motions of which due Notice has been given
Councillor Ossip withdrew during discussion
Councillor Malicki withdrew during discussion
Councillor Ossip returned
Councillor Malicki returned
Councillor Berlioz withdrew during discussion
Councillor Ossip withdrew during discussion
Councillor Berlioz returned
Councillor Ossip returned
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Extra fencing at Edenborough Oval to stop dogs getting ticks and also protect native flora and fauna
File: S02347 Vide: NM.1
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Notice of Motion from Councillor Armstrong dated 2 November 2015
Please Councillors: I am putting forward this NOM due to the very deadly situation which is occurring at Edenborough Oval which is fully fenced on only 3 sides and needs the final side fenced to stop dogs from getting ticks which are in enormous numbers and are very deadly if not detected early.
The oval is hugely popular with not only the dog lovers, but also cricket, soccer, archery and touch football (on Sunday afternoons).
I have attended young cricket matches on Saturdays and have seen for myself the amount of lost balls and wasted time searching for balls when a young batsman/batswoman hits a ball which goes straight into the bush. A fence would stop this from happening and would be a positive addition to the other activities that take place at this oval.
Council Staff have already received quotes for the extra fencing which is roughly 100 metres, and the price guide is about $10-15,000.
I realise that the fencing may not be a major issue compared to others we may be facing, but this is an issue that only local council can achieve and I think something that all local Councillors would feel is important.
I ask that the fencing be put in the 2015-16 fencing program.
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(Moved: Councillors Armstrong/McDonald)
That the above Notice of Motion as printed be adopted.
For the Resolution: The Mayor, Councillor Szatow, Councillors Citer, McDonald and Armstrong
Against the Resolution: Councillors Pettett, Malicki, Berlioz, Anderson, Fornari-Orsmond and Ossip
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
The above was subject to a Motion which was put
(Moved: by Councillors Fornari-Orsmond/Ossip)
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Councillor Citer withdrew during discussion
Councillor Citer returned
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Emeritus Mayor Jennifer Anderson
File: S09602 Vide: NM.3
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Notice of Motion from Councillor Fornari-Orsmond dated 3 November 2015
Background Councillor Jennifer Anderson was formally congratulated at the last Ordinary Meeting of Council (27th October 2015), following the Local Government Association of NSW conferring upon her the title of Emeritus Mayor.
During my congratulatory comments, I stated that Cr Anderson had achieved the title of Emeritus Mayor faster than any previous Ku-ring-gai mayor. Cr Malicki, thereafter, stated that, in the interest of accuracy, she was rising to inform Council that my statement was incorrect and that former Cr Ian Cross had achieved the same title faster than Cr Anderson.
Thus, I now feel compelled, in the interest of accuracy, to inform Council that, in fact, it is Cr Malicki who is incorrect.
Ian Cross was elected to Council in 1999 and served as mayor 2002-2004 (2 years) and again 2009-2011 (2 years). A councillor is eligible for the title of Emeritus Mayor after completing three terms as mayor. Ian Cross achieved that at the end of his 2010 mayoral year. That was more than ten years after he was elected to Council.
Cr Anderson was elected to Council in 2006 and therefore has not yet served ten years, served as mayor in 2011/12, 2013/14 and 2014/15 . This, of course, means that Cr Anderson has achieved the title of Emeritus Mayor faster than any previous Ku-ring-gai Mayor.
I move:
That, in the interest of accuracy, Council receive and note the facts stated above and thereby confirms Cr Jennifer Anderson has been conferred the title of Emeritus Mayor faster than any previous Ku-ring-gai mayor.
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(Moved: Councillors Fornari-Orsmond/McDonald)
That the above Notice of Motion as printed be adopted.
For the Resolution: Councillors Citer, McDonald, Pettett, Berlioz, Anderson, Fornari-Orsmond and Ossip
Against the Resolution: The Mayor, Councillor Szatow, Councillors Malicki and Armstrong
The above Resolution was subject to an Amendment which was LOST. The Lost Amendment was:
(Moved Councillors Malicki/Szatow
1. That Council notes that Cr Anderson achieved the title of Emeritus Mayor faster than any previous Ku-ring-gai Mayor.
2. That in the interests of accuracy Council notes that Cr Ian Cross was Mayor 3/9/2002-13/4/2004, a term of 19 months. Then again 8/9/2009 - 14/9/2010 and 14/9/2010 -6/9/2011. He was thus Mayor a total of 3 years and 7 months.
3. That Council notes that the Award of Emeritus Mayor only commenced in 2002, and that ten Presidents and Mayors who predated that award achieved three years in office in a shorter period than any current Emeritus Mayor, these being:
1. Paul Clipsham – elected 1911 President 1911, 12, 13
2. William Fitzsimons – elected 1911 President 1917, 18, 19 20, Dec 20
3. James Young – elected 1912 President 1914, 15, 16
4. Christopher Thistlethwayte – elected 1922 President 1924, 5, 6
5. Walter O’Reilly – elected 1928 Mayor 1929, 30, 32, 33
6. Robert Rutledge – elected 1937 Mayor 1941, 42, 44
7. Herbert Cornish – elected 1949 Mayor 1952,3,4,5
8. Richard Lennon – elected 1975 Mayor 1977, 78, 80, 87, 88, 89, 90
9. Ronald Yeates – elected 1980 Mayor 1984, 85, 86/7
10. Peter Derwent – elected 1985 Mayor 1991, 92, 93, 94/5
For the Resolution: The Mayor, Councillor Szatow, Councillors Malicki and Berlioz
Against the Resolution: Councillors Citer, McDonald, Pettett, Armstrong, Anderson, Fornari-Orsmond and Ossip
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
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At 10:45 pm a
Motion was moved by
Councillors Citer and Berlioz for Council
to adjourn for a short interval
For the Motion: The Mayor, Councillor Szatow, Councillors Citer and Berlioz
Against the Motion: Councillors McDonald, Pettett, Malicki, Armstrong, Anderson, Fornari-Orsmond and Ossip
No decision was taken in respect of the above matter as
the Motion when put to the vote was LOST
Councillor McDonald withdrew during discussion
Councillor McDonald returned
Councillor Armstrong withdrew during discussion
Councillor Armstrong returned
Council resolved that the meeting be closed during the discussion of the matter GB.13 – Fit for the Future Update in accordance with section 10A(2)(g)of the Local Government Act 1993 on the basis that the item involves the receipt and discussion of information that would, if disclosed, concert advice regarding litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. The advice concerns legal matters that are substantial issues relating to a matter in which the Council is involved, and are clearly identified in the advice, and are fully disclosed in that advice. This resolution was moved by Councillors Ossip and Berlioz and was CARRIED UNANIMOUSLY
On balance, the public interest in preserving the confidentiality of information about GB.13 – Fit for the Future Update outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would affect Council’s ability to claim privilege from production on the ground of legal professional privilege, thereby prejudicing Council's legal position.
During
debate, Council resolved itself into Open Council
prior to the vote after a Motion
moved by Councillors Berlioz/Citer.
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File: S09638 Vide: GB.13
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To provide Council with an update on Fit for the Future matters since the Ordinary Meeting of Council on 27 October 2015.
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(Moved: Councillors McDonald/Malicki)
A. That Council receive and note outcomes of the joint meeting held with LGNSW on 4 November.
B. That Council note the contents of the legal advice received on amalgamations.
C. That Council note the communications program outlined in this report an authorise the General Manager to take further action as appropriate to inform and advocate for Council’s position on Fit for the Future and amalgamation.
D. That the General Manager write to LGNSW in regards to the matter discussed in closed session.
E. That the General Manager be granted delegated authority to pursue legal avenues in the event that Council is suspended or dismissed.
For the Resolution: The Mayor, Councillor Szatow, Councillors McDonald, Pettett, Malicki, Armstrong, Berlioz and Ossip
Against the Resolution: Councillors Citer, Anderson and Fornari-Orsmond
The Amendment became the Motion
For the Motion: The Mayor, Councillor Szatow, Councillors McDonald, Pettett, Malicki, Armstrong, Berlioz and Ossip
Against the Motion: Councillors Citer, Anderson and Fornari-Orsmond
The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was:
(Moved: Councillors Anderson/Citer)
A. That Council receive and note outcomes of the joint meeting held with LGNSW on 4 November.
B. That Council note the contents of the legal advice received on amalgamations.
C. That Council notes the communications program outlined in this report.
D. That Council’s submission to the government indicates a first preference as a standalone council, with a second preference a merger with Willoughby Council and third preference a merger with one or more northern beaches councils.
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File: CY00490/2 Vide: QN.1
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Question Without Notice from Councillor Chantelle Fornari-Orsmond
I just wanted to know on the record through to the General Manager, I just note the Mayor broke a 2 year lease on the mayoral car to get a new black Audi. I now note it seems the Mayor has another new mayoral car.
Could the General Manager please explain why the Mayor broke a lease in the first instance and now another new car – meaning two (2) new cars in less than two (2) months.
Answered by General Manager
The General Manager advised he has circulated correspondence to Councillors and he is happy for all Councillors to see it. If a Mayor requests a car that is within the financial threshold of our policy, the Mayor is entitled to a car. You are correct in the present circumstance that the car that the Mayor got had not run its two years and was due for changeover. That car would now be recirculated as a leaseback for staff, so it won’t actually go to auction early, it will be driven around as a leaseback car for staff.
In relation to the second car, the Mayor does not have a second car.
The Mayor stated, regarding the mayoral vehicle, the Audi that she had, she had a small accident on weekend and that vehicle is now being repaired, and so she has a substitute car which is the car you see down there.
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File: CY00438/3 Vide: QN.2
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Question Without Notice from Councillor Chantelle Fornari-Orsmond
A second question regarding the Council meeting handouts that we received, there was a public speaker that came in to hand them out.
Could I ask that when the speakers sign in, they are asked if they have any material to be distributed? If they do, they have to hand it over to staff to put in the blue folders.
If they say no, then they cannot have the opportunity at Council to hand out. They only have that opportunity at the very beginning at sign-in.
Answered by General Manager
The General Manager stated he would be happy to do that, he knows that some councils have an expressed prohibition about distributing any information, because it is basically information without notice to Councillors, and it is not fair to the decision making process. As a minimum it disrupts the meeting and he will be happy to pursue that suggested action.
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Aldi Proposal - Eastern Road Turramurra
File: S10748 Vide: QN.3
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Question Without Notice from Councillor Duncan McDonald
Has there been any progress in the assessment of the DA, is it likely to be coming to Council soon?
Answered by Director Strategy & Environment
The Director Strategy & Environment advised it is not a DA it is a Planning Proposal.
The Director advised a substantial amount of assessment has been done, with an independent retail specialist reviewing the material submitted by Aldi, and there is currently an independent review of their traffic study. It is likely that sometime in the next couple of days the Director will try and schedule an afternoon site inspection out on-site with the retail consultant to discuss issues.
The matter will be coming to Council before the end of the year, at this stage that is likely to be the last meeting of the year, which is not intentional, and not ideal.
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Public Apology to General Manager
File: S02211 Vide: QN.4
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Question Without Notice from Councillor Duncan McDonald
I refer to the undated memo from Cr Malicki issued as an apology to the General Manager regarding Cr Malicki’s challenge of his advice to Council during our last council meeting, that it was permitted for a mover to speak to their Notice of Motion.
The challenge to the GM’s advice was made in the public council meeting but the apology has been issued by way of a memo. Would Cr Malicki like to take the opportunity now to offer a public apology and acknowledge that the GM’s advice was accurate?
And would Cr Malicki also please offer an apology to the vulnerable in our community for any interference that a Community Services Forum aimed at addressing their needs is a ‘motherhood’ or ‘grandstanding’ exercise?
Answered by Cr Malicki
Cr Malicki asked the Mayor if the General Manager wanted an apology in public Council?
The General Manager advised that since it has already been put on the public record it is probably a nebulous response, but he had responded to Cr Malicki to say thank you, apology accepted.
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File: CY00490/2 Vide: QN.5
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Question Without Notice from Councillor Elaine Malicki
Did Cr Anderson change the mayoral vehicle when she followed me into the Mayoralty, noting that the vehicle was only about 10 months old, and if so, why was this allowed?
Answered by Cr Anderson
Cr Anderson advised that staff offered her a used staff vehicle, she did not demand a brand new vehicle after 12 months. She used an older staff vehicle, probably much older than a year old by the look of the interior of it.
Cr Anderson advised she has never demanded nor received a brand new vehicle after 12 months, nor did she ask for a European car.
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File: CY00490/2 Vide: QN.6
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Question Without Notice from Councillor Elaine Malicki
I am wondering if the previous Mayor was driving quite an old vehicle why it was considered a problem for you to have a new one, Madam Mayor. I don’t understand.
Answered by General Manager
The General Manager stated that he thought the vehicle Cr Anderson referred to was not the latest vehicle she drove.
Cr Anderson stated that was correct, she received a new car at the two (2) year period as is the norm, that has been the norm.
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The Meeting closed at 11:56 pm
The Minutes of the Ordinary Meeting of Council held on 10 November 2015 (Pages 1 - 76) were confirmed as a full and accurate record of proceedings on 24 November 2015.
__________________________ __________________________
General Manager Mayor / Chairperson