Present:

The Mayor, Councillor C Szatow (Chairperson) (Gordon Ward)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillors J Anderson & D Armstrong (Roseville Ward)

Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Sigrid Banzer)

424

Apologies

Councillor David Citer tendered an apology for non-attendance (ill health) and requested leave of absence.

Councillor David Ossip advised he would be late.

Resolved:

(Moved: Councillors Malicki/Armstrong)

That the apologies be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

425

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

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

C.1   Acquisition of Land - Gordon

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

C.2   2016 General Manager’s Performance Review Agreement – Monitoring Review

CARRIED UNANIMOUSLY

Late Items:

Minutes from Ordinary Meeting of Council 8 December 2015

Late Confidential Items:

C2 – General Manager’s Performance Review

Memorandums:

Memorandum from Director Corporate dated 9 December 2015 containing additional information relating to item GB.5 Destruction of Council Records

426

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 8 December 2015

Minutes numbered 394 to 423

Resolved:

(Moved: Councillors Fornari-Orsmond/Berlioz)

That Minutes numbered 394 to 423 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

427

Save Marian Street Theatre

File: S10376

Vide: PT.1

“We, the undersigned, (Seven hundred and Ninety Five (795) Signatures) urge the Council to lead the community by planning to renovate the Marian Street Theatre.”

Today Ku-ring-gai will vote on the possibility of selling the iconic Marian Street Theatre as part of resolutions to approve a civic and cultural hub at Gordon. The report makes it clear that the cultural hub cannot be funded without sale of the Marian Street Theatre, although there is no current proposal to sell the building.

This well-known building has been a theatre since 1967, cherished both by the local community and the theatre world. It is also the only theatre building on the upper North Shore, which was closed for urgent repairs two years ago, leaving Marian Street Theatre for Young People, Australia’s longest-running children’s theatre, without a permanent home, despite the theatre being renovated and reopened as recently as 2012. Marian Street Theatre would be an ideal venue for small independent theatre companies and community groups like MSTYP, desperate for an affordable dedicated theatre space. These groups cannot pay the fees charged by larger venues nearby. The proposed new Hub contains a multi-purpose performance space but not a theatre. Taking the best ideas from reports commissioned by Council over the past few years would provide these important groups with the space they need and bring Marian Street Theatre back to life.

We are urging Council to lead the community by planning to renovate the theatre, without detracting from the need for the Hub as an excellent long-range plan – but subject to making proper provision for a theatre.

Resolved:

(Moved: Councillors Armstrong/Malicki)

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

CARRIED UNANIMOUSLY

428

Code of Conduct - Complaint Statistics

File: S08447

Vide: GB.1

To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW  for the twelve months to the end of September 2015.

Resolved:

(Moved: Councillors McDonald/Pettett)

That the report pursuant to Part 12 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW  be received and noted.

CARRIED UNANIMOUSLY

429

Investment Report as at 30 November 2015

File: S05273

Vide: GB.4

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

Resolved:

(Moved: Councillors McDonald/Pettett)

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

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

CARRIED UNANIMOUSLY

430

Supplementary Report 610 Pacific Highway,  Killara

File: DA0303/14

Vide: GB.7

To determine Development Application DA0303/14 for, ‘demolition of existing residential flat building and construction of new residential flat building containing ten apartments’.

Resolved:

(Moved: Councillors McDonald/Pettett)

PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

THAT Council, as the consent authority, is of the opinion that the objections under State Environmental Planning Policy No. 1 - Development Standards to the development standards for site coverage, minimum allotment size and number of storeys in Part 3A of the Ku-ring-gai Planning Scheme Ordinance are well founded.  The Council is also of the opinion that strict compliance with the development standards is unreasonable and unnecessary in the circumstances of this case.

AND

THAT the Council, as the consent authority, being satisfied that the objections under SEPP No. 1 are well founded and also being of the opinion that the granting of consent to DA0303/14 is consistent with the aims of the Policy, grant development consent to DA0303/14 for demolition of the existing residential flat building and construction of a new residential flat building containing ten apartments on land at 610 Pacific Highway, Killara, for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

The conditions of consent are as follows:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

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

2. Inconsistency between documents

In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

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

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

3. Asbestos works

All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.

Reason:         To ensure public safety

4. Notice of commencement

At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.

Reason:    Statutory requirement.

5. Notification of builder’s details

Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.

Reason:         Statutory requirement.

6. 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 Pacific Highwayt and Spencer Road 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.

7. Dilapidation survey and report (private property)

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

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

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

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

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

8. Construction and traffic management plan

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

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

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

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

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

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

·     Demolition

·     Excavation

·     Concrete pour

·     Construction of vehicular crossing and reinstatement of footpath

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

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

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

A works zone along the Pacific Highway site frontage will not be supported by the RMS or along the frontage of Spencer Road given that the site is within 20m of a traffic signal. Construction vehicle movements for demolition, excavation and construction stages are required to be undertaken on site.

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.

9. 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 Landcom manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.

Reason:    To preserve and enhance the natural environment.

10. Erosion and drainage management

Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority.  The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.

Reason:         To preserve and enhance the natural environment.

11. Tree protection fencing excluding structure

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

Reason:    To protect existing trees during the construction phase.

12. Tree protective fencing type galvanised mesh

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

Reason:       To protect existing trees during construction phase.

13. Tree protection signage

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

Tree protection zone.

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

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

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

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

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

Reason:         To protect existing trees during the construction phase.

14. Tree protection mulching

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

Reason:         To protect existing trees during the construction phase.

15. Tree fencing inspection

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

Reason:    To protect existing trees during the construction phase.

16. 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:

17. Fire egress

A second exit is to be provided from the basement carpark level in accordance with Part D1.2 of the Building Code of Australia. To provide fire egress to the street, an additional set of steps are to be provided between the externa northern fire egress path and the driveway Details are to be submitted with the Construction Certificate application.

Reason:   to ensure egress from the building.

18. Sanitary doors

Internal WC doors are to comply with Part F2.5 where there is less than 1.2m clearance, details are to be submitted with the Construction Certificate application.

Reason:  to ensure access in the event of an emergency.

19. Planter boxes

Planter boxes with a height of 1m and width of 1m and containing appropriate plant species to soften the visual appearance of the development are to be added to the western side of the terrace of Unit 301 on the second floor level. Amended plans which comply with this requirement are to be submitted to the certifying authority for approval prior to the issue of a construction certificate.

Reason:     To soften the building form and achieve successful integration of the building into the garden setting of the area.

20. Amendments to approved landscape plan

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

The above landscape plan(s) shall be amended in the following ways:

·     The plans are to be in accordance with amended architectural plans and as per relevant conditions. The proposed stormwater pits in accordance with the stormwater plan.

·     Proposed predominantly native plant species within the front setback such as Acacia myrtifolia, Carex, Lomandra and Leucopogan are to be substituted with predominantly exotic garden species to be sympathetic with the existing landscape character. Moisture loving rainforest species should also be incorporated where possible to complement the existing feature tree (Tree 2), including Lilly Pilly, Cordyline sp.and Cissus sp,

·     Proposed planting of the Gingko biloba is to be in the approximate location of Tree 1 and set back a minimum of 5 metres from the proposed building.

·     Existing edging along the existing driveway is to be shown to be retained and protected during construction. Low planting is to be carefully planted between the edging and the proposed driveway edge. Planting of shrubs within the tree protection zone of Tree 2 is to be located outside of the structural root zone (3.5m).

·     The existing trees along the western boundary to be retained and removed are to be clearly marked on the plan in accordance with the amended survey prepared by Hill and Blume, Reference 52312 Issue A, dated 23/07/15. Trees are to be numbered in accordance with the Addendum to the Arboricultural Impact Assessment prepared by Advanced Treescape Consulting, dated 8/10/15. The existing retaining wall along the western boundary at the northwest corner of the site is to be retained and protected in association with existing Trees A7, A8 and A10.

·     The proposed planting of Ceratopetalum gummiferum (NSW Christmas Bush) along the northern boundary is to be substituted with upright medium size deciduous trees such as Pyrus calleryana.

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

Note:          An amended landscape plan shall be submitted to the Certifying Authority.

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

21. Amendments to approved engineering plans

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

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

1.   To preserve the following tree, the 225mm diameter stormwater line behind the front boundary is to be thrust bored. A notation is to be provided indicating the method of installation.

2.   The existing trees to be retained are to be numbered on all stormwater plans in accordance with the landscape plan.

3.   The southern wall of the basement is to be constructed using contiguous piling to minimise encroachments into the TPZ of Tree 2 (Kauri Pine).

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

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

22. 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.

23. 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.

24. 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.

Reason:         Amenity & energy efficiency.

25. 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.

26. 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.

27. Adaptable unit

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable unit (Unit 302), has been designed as 'Adaptable house class C' in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing. At least one bedroom in the unit must be of sufficient size (without requiring any modification) to accommodate a queen size bed, a wardrobe and the circulation space requirements of AS 1428.1.

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.

28. 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.

29. Noise from road (residential only)

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

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

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

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

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

30. 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. Certification from a suitably qualified HVAC Engineer is to be provided to the Certifying Authority.

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.

31. 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.

32. 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.

33. Basement car parking details

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

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

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

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

·           the 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.

34. Car parking allocation

Car parking within the development shall be allocated in the following way:

The adaptable dwelling must be provided with a car space complying 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.

35. Number of bicycle spaces

The basement car park shall be adapted to provide a minimum of three 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.

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 development contributions - other than identified centres

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

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

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

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

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

Notwithstanding the total above, in accordance with the s94E Direction issued by the Minister for Planning dated 3 March 2011, for so long as it remains legally in force, the maximum amount payable for the subject development application shall be $20,000 x 10 = $200,000.

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.

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. 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.

46. 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.

47. 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.

48. 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.

49. Compliance with submitted geotechnical report

A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee excavation.

Geotechnical aspects of the development work, namely:

·           appropriate excavation method and vibration control

·           support and retention of excavated faces

·           hydro-geological considerations

must be undertaken in accordance with the recommendations of the Geotechnical Report dated 12 June 2014 prepared by JK Geotechnics Pty Ltd. 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.

50. 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.

51. Guarding excavations

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

Reason:         To ensure public safety.

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. Recycling of building material (general)

During demolition and construction, the Principal Certifying Authority shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.

Reason:         To facilitate recycling of materials.

55. Construction signage

All construction signs must comply with the following requirements:

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

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

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

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

·           are restricted to one such sign per property

·           do not exceed 2.5m²

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

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

56. Approval for rock anchors

Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property.  If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.

Reason:         To ensure the ongoing safety and protection of property.

57. 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.

58. 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.

59. 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.

60. 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.

61. 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.

62. Project arborist

A suitably qualified project arborist (AQF level 5) is to be engaged to advise the Principal Certifying Authority on the protection of trees at the site and to supervise the installation and maintenance of tree protection measures required by this consent.

Prior to the commencement of any works including demolition on the site in areas required to be protected by this consent, the project arborist shall inspect the site and satisfy himself/herself that the protection measures are in accordance with the approved design and must provide a written certification to the Principal Certifying Authority to that effect.

If not satisfied, the project arborist must provide to the Principal Certifying Authority a list of works that are to be completed to ensure compliance with all conditions of consent relating to the protection of trees at the site. Those works must be undertaken to the satisfaction of the project arborist.

Reason: To ensure protection of existing trees 

63. Canopy/root pruning

Canopy and/or root pruning of the following tree/s which is necessary to accommodate the approved building works shall be undertaken by an experienced Arborist/Horticulturist, with a minimum qualification of the 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 the environment.

64. 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.

65. Hand excavation

All excavation except for the basement and driveway ramp within the specified radius of the trunk(s) of the following tree(s) shall be hand dug:

Reason:    To protect existing trees.

66. 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.

67. 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.

68. 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.

69. 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.

70. 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

·           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.

71. 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:

72. 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.

73. 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. 641610M_02 have been complied with.

Reason:         Statutory requirement.

74. Clotheslines and clothes dryers

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

Reason:         To provide access to clothes drying facilities.

75. Mechanical ventilation

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

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

The Building Code of Australia, Australian Standard AS1668, Australian Standard AS3666 where applicable

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

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

Reason:         To protect the amenity of surrounding properties.

76. 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.

77. Completion of tree works

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

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

78. Accessibility

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

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

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

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

·           international symbols have been used with specifications relating to signs, symbols and size of lettering complying with AS 1428.2 - 1992

·           the height of lettering on signage is in accordance with AS 1428.1 - 2009

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

Reason:         Disabled access & services.

79. Retention and re-use positive covenant

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

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

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

Reason:         To protect the environment.

80. Certification of drainage works

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

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

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

·           retained water is connected and available for use

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

·           all grates potentially accessible by children are secured

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

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

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

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

Reason:         To protect the environment.

81. 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.

82. 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.

83. OSD positive covenant/restriction

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Council Water Management DCP 47). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:         To protect the environment.

84. 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.

85. Infrastructure repair

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.

Reason:         To protect public infrastructure.

86. Fire safety certificate

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

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

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

Conditions to be satisfied at all times:

87. Outdoor lighting

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

Reason:      To protect the amenity of surrounding properties.

88. 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.

CARRIED UNANIMOUSLY

431

Planning Proposal to include 25 Bushlands Avenue, Gordon
as an item of local heritage under KLEP 2015

File: S10066

Vide: GB.9

To have Council consider 25 Bushlands Avenue, Gordon  as a potential heritage item under the Ku-ring-gai Local Environmental Plan 2015.

Resolved:

(Moved: Councillors McDonald/Anderson)

A.       That Council proceeds to prepare a planning proposal to amend KLEP 2015 to include:

25 Bushlands Avenue, Gordon (Lot 3, DP 578395) as a potential heritage item in Schedule 5 and on the Heritage Map.

B.       That the Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.

C.       That in order to facilitate an expedient Gateway Determination, the NSW Heritage Office be consulted prior to submitting the Planning Proposal to the Department of Planning and Environment. Should comments not be received within 21 days, the Planning Proposal is to be submitted regardless.

D.       That Council requests the plan making delegation under Section 23 of the EP&A Act for this Planning Proposal.

E.       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.

CARRIED UNANIMOUSLY

432

Planning Proposal to Heritage List
140 Pentecost Avenue, Turramurra

File: S10066

Vide: GB.11

To have Council reconsider the Planning Proposal to list 140 Pentecost Avenue, Turramurra as a heritage item under KLEP 2015.

Resolved:

(Moved: Councillors McDonald/Anderson)

A.   That Council no longer proceeds with the planning proposal to heritage list 140 Pentecost Avenue, Turramurra as a heritage item under KLEP 2015.

B.   That the Department of Planning and the Office of Environment & Heritage be notified of Council’s decision.

CARRIED UNANIMOUSLY

433

Notification of Proposed Unconstructed Road Closure - West Pymble

File: 88/05863/01

Vide: GB.12

To advise Council of the proposed road closure of unconstructed local Council and Crown road in West Pymble.

Resolved:

(Moved: Councillors McDonald/Malicki)

That Council write to advise the Minister for Lands and Water through the Department of Primary Industries that it does not object to the closing of a portion of unconstructed local road adjacent to 21 Doncaster Avenue, West Pymble.

CARRIED UNANIMOUSLY

434

Acquisition of Land - Gordon

File: S08130/6

Vide: C.1

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

Section 10A(2)(c) of the Act permits the meeting to be closed to the public in respect of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

The matter is classified confidential because it deals with the proposed acquisition and/or disposal of property.

It is not in the public interest to release this information as it would prejudice Council’s ability to acquire and/or dispose of the property on appropriate terms and conditions.

Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:

(a)        is a substantial issue relating to a matter in which the Council is involved

(b)        is clearly identified in the advice, and

(c)        is fully discussed in that advice.

It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.

Report by Manager Integrated Planning, Property & Assets dated 27 November 2015

Resolved:

(Moved: Councillors McDonald/Anderson)

A.   That Council proceeds in the manner outlined in the report.

CARRIED UNANIMOUSLY

435

Destruction of Council Records

File: FY00248/8

Vide: GB.5

To inform Councillors of procedures undertaken in regards to maintaining and disposing of Council’s records, with particular reference to records relating to Council’s recreation areas, in response to a Notice of Motion dated 17 August 2015.

Resolved:

(Moved: Councillors Malicki/Pettett)

That the report is received and noted.

CARRIED UNANIMOUSLY

436

2016 General Manager's Performance Agreement - Monitoring Review

File: CY00254/7

Vide: C.2

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

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

Confidential Mayoral Minute by the Mayor, Councillor Cheryl Szatow dated 11

December 2015.

Resolved:

(Moved: Councillor Ossip/Fornari-Orsmond)

A.      That Council receive and accept the report.

B.      That the General Manager be officially advised by the Mayor of the outcome of the Performance Review.

C.      That the General Manager and his staff be commended for their good work.

CARRIED UNANIMOUSLY

437

Amendments to Sports Facilities Plan of Management - Post-Exhibition Report

File: S10342

Vide: GB.8

Y Jayawardena

To rectify an anomaly in the Sports Facilities Plan of Management (SFPOM) by bringing the permitted hours of sportsground clubhouse use into line with the permitted hours of sportsground use and longstanding clubhouse lease and licence arrangements, so that future lease and licence renewals and any other usage agreements with sporting clubs can be negotiated in accordance with the Plan of Management, before coming to the elected Council for approval. Also to permit earlier tennis court hiring times at appropriate locations.

Resolved:

(Moved: Councillors Malicki/ Armstrong)

A.       That Council adopts an amendment to the Sports Facilities Plan of Management to permit the use of clubhouses and amenities until 10.00pm on Fridays and Saturdays, and until 12.00 midnight on Friday and Saturday nights for club functions, at locations other than those with alternative agreements or Operational Management Plans in place that further limit clubhouse use, as follows:

        Scale

          Limited to the hours the facility is booked. Agreement via lease, license or           approval from Council, subject to the hours and terms of use set out in any           site specific lease, licence or  other approval from Council, such as an           Operational Management Plan.

        Intensity

          Monday – Thursday 8.00am - 10.00pm.

          Friday – Saturday 8.00am – 10.00pm plus time for ground setup, except Council-approved midnight functions and club committee meetings, and subject to Council approval in accordance with any site specific lease, licence or Operational Management Plan.

          Sunday 9.00am - 6.00pm, plus time for ground setup.

          Allocated on a seasonal basis.

B.       That the Council adopts the Lindfield Oval Clubhouse Operational Management Plan (Attachment A3)

C.       That Council amend the St Ives Football Club licence for the use of the Warrimoo Oval Clubhouse to limit the number of midnight functions on Friday or Saturday nights to six (6) per year, as agreed by the Club and the neighbouring Aurora St Ives Community Association.

D.       That the Sports Facilities Plan of Management and future renewal of club leases and licences require clubs to give at least seven days’ notice in writing to all residents in adjacent streets on any occasion that a club function to be held at its clubhouse is expected to extend past 10.00pm. This notification is to include a contact phone number for a responsible person who will be present at the event. It is also to include the contact number for Council’s security service.

E.       That the Sports Facilities Plan of Management be amended to permit tennis courts to be booked from 7.00am seven days per week at certain locations where it is considered appropriate, subject to Council staff approval, other than at Hamilton Park tennis courts and Turramurra Memorial Park tennis courts, where bookings may not commence until 8.00am seven days, and Killara Park, where bookings may not commence until 8.00am on Sundays.

F.       That Council continually monitors tennis court bookings prior to 8.00am, and if any issues arise at any particular location, bookings at that location shall revert back to 8.00am.

G.       That the issue of hours of use be a matter of consideration by the Canoon Road Consultative Committee.

For the Resolution:                The Mayor, Councillor Szatow, Councillors McDonald, Pettett, Malicki, Armstrong, Berlioz, Fornari-Orsmond and Ossip

Against the Resolution:         Councillor Anderson

The above Resolution was subject to an Amendment which was LOST. The Lost Amendment was:

(Moved: Councillors Anderson/McDonald)

A.       That Council adopts an amendment to the Sports Facilities Plan of Management to permit the use of clubhouses and amenities until 10.00pm on Fridays and Saturdays, and until 12.00 midnight on Friday and Saturday nights for club functions, at locations other than those with alternative agreements or Operational Management Plans in place that further limit clubhouse use, as follows:

        Scale

          Limited to the hours the facility is booked. Agreement via lease, license or           approval from Council, subject to the hours and terms of use set out in any           site specific lease, licence or  other approval from Council, such as an           Operational Management Plan.

        Intensity

          Monday – Thursday 8.00am - 10.00pm.

          Friday – Saturday 8.00am – 10.00pm plus time for ground setup, except Council-approved midnight functions and club committee meetings, and subject to Council approval in accordance with any site specific lease, licence or Operational Management Plan.

          Sunday 9.00am - 6.00pm, plus time for ground setup.

          Allocated on a seasonal basis.

B.       That the Council adopts the Lindfield Oval Clubhouse Operational Management Plan (Attachment A3)

C.       That Council amend the St Ives Football Club licence for the use of the Warrimoo Oval Clubhouse to limit the number of midnight functions on Friday or Saturday nights to six (6) per year, as agreed by the Club and the neighbouring Aurora St Ives Community Association.

D.       That the Sports Facilities Plan of Management and future renewal of club leases and licences require clubs to give at least seven days’ notice in writing to all residents in adjacent streets on any occasion that a club function to be held at its clubhouse is expected to extend past 10.00pm.

E.       That the Sports Facilities Plan of Management be amended to permit tennis courts to be booked from 7.00am seven days per week at certain locations where it is considered appropriate, subject to Council staff approval, other than at Hamilton Park tennis courts and Turramurra Memorial Park tennis courts, where bookings may not commence until 8.00am seven days, and Killara Park, where bookings may not commence until 8.00am on Sundays.

F.       That Council continually monitors tennis court bookings prior to 8.00am, and if any issues arise at any particular location, bookings at that location shall revert back to 8.00am.

G.       That Council’s contact number and the police number be added to the notifications.

For the Amendment:             Councillors Anderson and McDonald

Against the Amendment        The Mayor, Councillor Szatow, Councillors Pettett, Malicki, Armstrong, Berlioz, Fornari-Orsmond and Ossip

438

Gordon Cultural and Civic Hub - Update Report - Post Site Visit and Briefing

File: S10376

Vide: GB.10

J Brennan-Horley

W Blaxland

To update Council on the progress of planning of the site and present the findings of Phase 1 – Project Definition & Feasibility and resolve to proceed to Phase 2 - Business Case and Master Plan for the Gordon Cultural and Civic Hub site, at 818 Pacific Highway, Gordon.

Resolved:

(Moved: Councillors Anderson/Ossip)

A.      That the matter be deferred until a tour of a range of cultural and civic facilities around Sydney is organised for Councillors.

B.      That council pursues discussions and investigation of the proposal by the Department of Education for council to undertake long-term leases of a variety of existing facilities on the UTS site.

C.      That a report come back to council following discussions with the Department of Education, including details on proposed facilities, costings arrangements, maintenance costs and operation model.

CARRIED UNANIMOUSLY

439

Economic and Social Development Advisory Committee - Update and Future Direction

File: S09436

Vide: GB.2

To provide Councillors with updated information about the Economic and Social Development Advisory Committee (ESDAC).

Resolved:

(Moved: Councillors Malicki/ Berlioz)

That ESDAC be dissolved.

For the Resolution:                Councillors McDonald, Pettett, Malicki, Berlioz and Fornari-Orsmond

Against the Resolution:         The Mayor, Councillor Szatow, Councillors Armstrong, Anderson and Ossip

The above Resolution was subject to an Amendment which was LOST. The Lost Amendment was:

(Moved: Councillor Anderson and the Mayor, Councillor Szatow)

That Council endorse the proposed direction and focus, as outlined in this report, for the Economic and Social Development Advisory Committee (ESDAC) for 2016.

For the Amendment:             The Mayor, Councillor Szatow, Councillors Armstrong, Anderson and Ossip

Against the Amendment:       Councillors McDonald, Pettett, Malicki, Berlioz and Fornari-Orsmond

440

Small Business Friendly Councils Program and Small Business Forums

File: S09436

Vide: GB.3

To provide Council with information about the Small Business Friendly Council program and Small Business Forums.

Resolved:

(Moved: Councillors Malicki/Ossip)

A.   That Council receive and note this report.

B.   That Council wishes to join the Small Business Friendly Councils Program.

C.   That as one of the regular events the Business Breakfasts be included as our contribution.

CARRIED UNANIMOUSLY

441

Supplementary Report 9 - 17 Eastern Road Turramurra

File: DA0162/15

Vide: GB.6

To report on the site inspection of 2 December 2015 and to determine Development Application No.0162/15 for demolition of existing structures and construction of a residential flat building consisting of 54 units, basement carparking and associated landscaping works

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

A.   THAT Council as the consent authority, is satisfied that the requests under Clause 4.6 of Ku-ring-gai Local Centres LEP 2012 to vary the building height and floor space ratio development standards are well founded. Council is also satisfied that the proposed development will be in the public interest and is consistent with the objectives of the development standards and the R4 High Density Residential zoning.

B.   THAT Council as the consent authority, grant consent to Development Application No. 0162/15 for demolition of existing structures and construction of a residential flat building comprising 54 units, basement parking and associated landscaping works on land at 9 – 17 Eastern Road, Turramurra.

SCHEDULE A - Deferred commencement condition

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

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

1.     Drainage easement (deferred commencement)

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

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

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

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

Conditions that identify approved plans:

1.     Approved architectural plans and documentation (new development)

The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

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

2.     Inconsistency between documents

In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

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

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

3.     Asbestos works

All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.

Reason:      To ensure public safety.

4.     Notice of commencement

At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.

Reason:      Statutory requirement.

5.     Notification of builder’s details

Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.

Reason:      Statutory requirement.

6.     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 Eastern Road over the site frontage.

·        All driveway crossings and laybacks opposite the subject site.

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

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

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

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

7.     Dilapidation survey and report (private property)

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

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

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

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

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

8.     Geotechnical report

Prior to the commencement of any bulk excavation works on site, the applicant shall submit to the Principal Certifying Authority, the results of the detailed geotechnical investigation comprising a minimum of two cored boreholes to at least 3 metre below the proposed basement level. The report is to address such matters as:

·           appropriate excavation methods and techniques

·           vibration management and monitoring

·           dilapidation survey

·           support and retention of excavates faces

·           hydrogeological considerations

The recommendations of the report are to be implemented during the course of the works.

Reason:      To ensure the safety and protection of property.

9.     Access through public reserve not permitted

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

Reason:      To protect public reserves.

10.   Construction and traffic management plan

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

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

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

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

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

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

o    Demolition

o    Excavation

o    Concrete pour

o    Construction of vehicular crossing and reinstatement of footpath

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

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

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

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

11.   Work zone

A Works Zone is to be provided in Eastern Road subject to the approval of the Ku-ring-gai Local Traffic Committee.  

No loading or unloading must be undertaken from the public road or nature strip unless within a Works Zone which has been approved and paid for.

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.

12.   Erosion and drainage management

Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority.  The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction". Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.

Reason:      To preserve and enhance the natural environment.

13.   Tree protection fencing

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

Reason:         To protect existing trees during the construction phase.

14.   Tree protection fencing excluding structure

To preserve the following tree/s, no work shall commence until the area beneath their canopy excluding that area of the approved driveway shall be fenced off for the specified radius from the trunk 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.

15.   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.

16.   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.

17.   Tree fencing inspection

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

Reason:      To protect existing trees during the construction phase.

18.   CCTV report of existing Council pipe system near works

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

Reason:      To protect Council’s infrastructure.

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

19.   Private courtyards

Prior to the issue of a Construction Certificate the Landscape Plans LDA-001 and LDA-002 and Drawing D1.03 Ground Floor Revision A shall be amended so that the private courtyards of Apartments 001, 002, 003 and 006 achieve a 8 metres setback from the front boundary. Amended plans and specifications are to be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate.

Reason:     To achieve the desired landscape outcome within the front setback.

20.   Amendments to approved landscape plan

Prior to the issue of a Construction Certificate, the 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:

1.       The plans are to be in accordance with amended architectural plans and as per relevant conditions.

2.       To achieve the landscape objectives the private courtyards to Apartments 1, 2, 3 and 6 are to be reduced in size so that they do not encroach within 8 metres of the front boundary.

3.       Tree numbers are to be shown on the Detailed Landscape Plan.

4.       The existing mature Syzigium is incorrectly shown on the detailed landscape plan. The following tree is to be accurately shown on the landscape plan and a notation added requiring existing levels to be retained within approximately 2.5m of the site boundary within the tree protection zone, Syzygium paniculatum (Brush Cherry) This mature tree is located within the adjoining property, no 10 Gilroy Street Turramurra, towards the southeast corner.

5.       The proposed retaining wall along the southern boundary is to follow the alignment of the existing concrete retaining wall within the tree protection zone of Tree 2 to ensure excavation within the structural root zone is avoided.

6.       The rear communal open space is to be connected to the fire access within southern setback to Eastern Road.

7.       The drainage pits and tanks should be shown.

8.       Planting between the private courtyard fence of Apartments 3 and 6  and the entry ramp is to be provided within the common area.

9.       Without external access the proposed lawn areas within Apartments 1,2 3,6,8 and 9 are to be substituted with groundcover plants.

10.     Proposed planting of Robinia pseudoacacia (Black Locust) are to be substituted with a canopy tree species that is protected under Council’s DCP such as Gleditsia triacanthos (Honey Locust) or similar.

11.     The proposed planting of Morus nigra and Mangifera indica along the site boundary to the eastern elevation of the building are to be substituted or planted in associated with tall tree planting such as Pyrus calleryana or similar.

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

Note:            An amended landscape plan shall be submitted to the Certifying Authority.

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

21.   Amendments to approved architectural plans

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

1.       To achieve the landscape objectives the private courtyards to Apartments 1, 2, 3 and 6 are to be reduced in size so that they do not encroach within 8 metres of the front boundary.

2.       To preserve the health and condition of the following trees, the proposed location of the fire hydrant as well as the water and gas mains at the southwest corner of the site are to be relocated so that they are not within the specified radius of the following trees,

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

Note:            An amended architectural plan shall be submitted to the Certifying Authority.

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

22.   Amendments to approved engineering plans

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

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

A sealed junction pit is to be constructed at the point of connection of the property stormwater system to Council's trunk drainage pipeline.

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

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

23.   Long service levy

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

Reason:      Statutory requirement.

24.   Builder’s indemnity insurance

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

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

Reason:      Statutory requirement.

25.   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.

26.   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.

27.   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, [004, 012,104,204, 304, 406], 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.

28.   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.

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 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 17 bicycle spaces (6 allocated as visitor spaces) in accordance with 7B.2 Bicycle Parking Provision of Ku-ring-gai Town Centres DCP. 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.

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

35.   Infrastructure restorations fee

To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:

a)      All work or activity taken in furtherance of the development the subject of this approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

b)      The applicant, builder, developer or any person acting in reliance on this approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.

c)      The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

d)      In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.

e)      In this condition:

“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and

“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.

Reason:       To maintain public infrastructure.

36.   Section 94 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:

37.   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.

38.   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.

39.   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.

40.   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.

41.   Engineering fees

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

Reason:      To protect public infrastructure.

42.   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.

43.   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.

44.   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.

45.   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.

46.   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.

47.   Further geotechnical input

The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by Environmental Investigations dated 14 May 2015 and the report submitted prior to commencement of works. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:

·           further geotechnical investigations and testing recommended in the above report(s) and as determined necessary

·           further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary

·           written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs

Reason:      To ensure the safety and protection of property.

48.   Compliance with submitted geotechnical report

A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee excavation.

Geotechnical aspects of the development work, namely:

·           appropriate excavation method and vibration control

·           support and retention of excavated faces

·           hydro-geological considerations

must be undertaken in accordance with the recommendations of the geotechnical report prepared by Environmental Investigations dated 14 May 2015 and the report submitted prior to commencement of works. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Reason:      To ensure the safety and protection of property.

49.   Use of road or footpath

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

Reason:      To ensure safety and amenity of the area.

50.   Guarding excavations

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

Reason:      To ensure public safety.

51.   Toilet facilities

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

Reason:      Statutory requirement.

52.   Certification of footings & excavation adjacent to easements

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

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

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

Reason:      Safety.

53.   Recycling of building material (general)

During demolition and construction, the Principal Certifying Authority shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.

Reason:      To facilitate recycling of materials.

54.   Construction signage

All construction signs must comply with the following requirements:

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

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

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

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

·           are restricted to one such sign per property

·           do not exceed 2.5m²

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

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

55.   Approval for rock anchors

Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property.  If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.

Reason:      To ensure the ongoing safety and protection of property.

56.   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.

57.   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.

58.   Temporary rock anchors

If the use of temporary rock anchors extending into the road reserve is proposed, then approval must be obtained from Council and/or the Roads and Traffic Authority in accordance with Section 138 of the Roads Act 1993.  The Applicant is to submit details of all the work that is to be considered and the works are not to commence until approval has been granted.  The designs are to include details of the following:

·           How the temporary rock anchors will be left in a way that they will not harm or interfere with any future excavation in the public road

·           That the locations of the rock anchors are registered with Dial Before You Dig

·           That approval of all utility authorities likely to use the public road has been obtained. All temporary rock anchors are located outside the allocations for the various utilities as adopted by the Streets Opening Conference.

·           That any remaining de-stressed rock anchors are sufficiently isolated from the structure that they cannot damage the structure if pulled during future excavations or work in the public road.

·           That signs will be placed and maintained on the building stating that de-stressed rock anchors remain in the public road and include a contact number for the building manager.  The signs are to be at least 600mm x 450mm with lettering on the signs is to be no less than 75mm high.  The signs are to be at not more than 60m spacing.  At least one sign must be visible from all locations on the footpath outside the property.  The wording on the signs is to be submitted to Council’s Director Technical Services for approval before any signs are installed.

Permanent rock anchors are not to be used where any part of the anchor extends outside the development site into public areas or road reserves.

All works in the public road are to be carried out in accordance with the Conditions of Construction issued with any approval of works granted under Section 138 of the Roads Act 1993.

Reason:      To ensure the ongoing safety and protection of property.

59.   Footings and excavation near easements

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

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

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

Reason:      To ensure structural stability.

60.   Structures to be clear of drainage easements

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

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

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

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

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

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

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

61.   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.

62.   Project arborist

A suitably qualified project arborist (AQF level 5) is to be engaged to advise the Principal Certifying Authority on the protection of trees at the site and to supervise the installation and maintenance of tree protection measures required by this consent.

Prior to the commencement of any works including demolition on the site in areas required to be protected by this consent, the project arborist shall inspect the site and satisfy himself/herself that the protection measures are in accordance with the approved design and must provide a written certification to the Principal Certifying Authority to that effect.

If not satisfied, the project arborist must provide to the Principal Certifying Authority a list of works that are to be completed to ensure compliance with all conditions of consent relating to the protection of trees at the site. Those works must be undertaken to the satisfaction of the project arborist.

Reason: To ensure protection of existing trees 

63.   Arborist’s report

All trees to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required during all works within the canopy spread of all existing trees on site and overhanging from adjoining sites, including date, brief description of the works inspected, and any mitigation works prescribed. 

All monitoring shall be provided to the Principal Certifying Authority prior to issue of the Occupation Certificate.

All works as recommended by the project arborist are to be undertaken by an experienced arborist with a minimum AQF Level 3 qualification.  

Reason:    To ensure protection of existing trees.

64.   Relocation of fire hydrant and services outside of tree protection zones

To preserve the health and condition of the above tree, the proposed location of the fire hydrant as well as the water and gas mains at the south western corner of the site are to be relocated so that they are not within the specified radius of the following trees,

Reason:    To protect existing trees.

65.   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 $10,000,000:

Reason:      To ensure protection of existing trees.

66.   Canopy/root pruning

Canopy and/or root pruning of the following tree/s which is necessary to accommodate the approved building works shall be undertaken by an experienced Arborist/Horticulturist, with a minimum qualification of the 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 the environment.

67.   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.

68.   Excavation near trees

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

Reason:      To protect existing trees.

69.   Hand excavation

All excavation, except for the basement, driveway ramp and communal open space beyond the existing retaining wall along the southern boundary and the proposed retaining wall along the eastern boundary, within the specified radius of the trunk(s) of the following tree(s) shall be hand dug:

Reason:      To protect existing trees.

70.   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.

71.   Tree planting on nature strip

The following tree species shall be planted, at no cost to Council, in the nature strip fronting the property along (enter street).  The tree/s used shall be a minimum 25 litres container size specimen/s:

Reason:      To provide appropriate landscaping within the streetscape.

72.   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.

73.   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.

74.   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.

75.   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:

76.   Easement for waste collection

Prior to the issue of the Occupation Certificate, an easement for waste collection is to be created under Section 88B of the Conveyancing Act 1919.  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.

77.   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. 625210M_02 dated 21 September 2015 have been complied with.

Reason:      Statutory requirement.

78.   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.

79.   Completion of tree works

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

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

80.   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 Volume C Part 4R.9 of Ku-ring-gai Local Centres Development Control Plan). 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.