Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors C Szatow & D Citer (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillor 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 Records and Governance (Amber Moloney)

Minutes Secretary (Christine Dunand)

Team Leader Urban Design (Bill Royal)

Contract Urban Designer (Louise Drum)

26

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors McDonald/Szatow)

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

C.1          Lindfield Community Hub - Public Private Partnership - initial assessment of Project Proposal by the Office of Local Government

In accordance with s10A(2)(d)(i),(ii),(iii)

C.2          Waste Collection Contract Extension

In accordance with s10A(2)(d)(i),(ii),(iii)

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 confidential attachment to the following General Business item:

GB.7     Turramurra Community Hub - Draft Memorandum of Understanding

Attachment A1: Draft Memorandum of Understanding - Coles and KMC

In accordance with s10A(2)(d)(ii)and s10A(2)(g)

CARRIED UNANIMOUSLY

Late Items:

MM.2 - Greater Sydney Planning Awards - Report by Mayor dated 28 February 2017

GB.10 - PCA Smart Cities Conference 2017 - Report by Director Corporate dated 24 February 2017 and attachment.

Memorandums:

Refer     Min 20 QWN 07/02/2017 – Update on Boundary Road and Pacific Highway Roadworks

Memorandum from Director Operations dated
20 February 2017 advising the work is being undertaken by a contractor for RMS. Work has been delayed because of Sydney Water approval to relocate the water main has not been received.

Late Councillors Information:

Refer     Min 341 QN.3 6 December 2016 – Misquote from Mayor to North Shore Times of 2 December 2016 re Culworth Avenue Carpark

Memorandum from Mayor dated 28 February 2016 responding to QWN from Councillor Cheryl Szatow

Refer     Min 340 QN.2 6 December 2016

Min 24 QN.6 7 February 2017 - Marian Street Theatre letter from Mayor to Paul Fletcher MP

Memorandum from Mayor dated 28 February 2016 responding to QWN from Councillor Cheryl Szatow

Late Confidential Councillor Information:

Refer     Item C1. – Lindfield Community Hub

Memorandum from Director Strategy & Environment dated 27 February 2017 advising an error with attachments to confidential report. Attachment A1 incorrectly listed and Attachment A4 not included.

27

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 7 February 2017

Minutes numbered 01 to 25

Resolved:

(Moved: Councillors McDonald/Pettett)

That Minutes numbered 01 to 25 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

28

Lindfield Village Green Additional Basement Level

File: S10840

Vide: MM.1

The following members of the public addressed Council on this item:

J O’Dea, MP

J Butlin

L Wong

B Harrison

S Blamey

G Stein

M Sheriff

C Coote

I Cairns

I am tabling this Mayoral Minute to acknowledge the community concern regarding the loss of short term parking at the proposed Village Green in Lindfield.

Community consultation has played a key role in developing the design for Lindfield Village Green. Throughout the process there has been consistent support for the creation of the new green space and underground car park.

However in recent months, as the plans have moved from concept into the development assessment stage, the issue of short stay car parking is becoming an increasing concern, particularly for local businesses.

Council has attempted to reassure the community that there will actually be an overall increase of parking in the area. This is due to the introduction of short stay parking limits on car parking in surrounding streets and moving long stay parking into the new underground car park. By doing this the loss of the short stay parking in what is now the Council car park at Tryon Road will be offset.

However, it is clear that this reorganisation of parking availability proposed by the Council does not meet community expectations.

I am advised by staff that consideration of a development application for the project will take some 6-8 months and that any time prior to determination the scope of the project could be amended.

While the current assessment of the development application continues, I propose that staff investigate increasing underground short term parking spaces while maintaining the proposed commuter parking. This should include but not be limited to the feasibility, cost, and traffic implications of constructing a third level of basement parking for the new underground car park.

I am further advised that a full additional level of parking could provide approximately 140 short stay spaces on levels 1 and 2, and 100 commuter spaces over part of level 2 and all of level 3. The approximate cost of the additional level B3 is estimated to be between $5 million and $7 million, though no detailed design or cost estimates have been prepared.

It is my belief as Mayor that we must anticipate future demand for this transformation of Lindfield and the likely increase in visitation that will result. Our community will be living with the legacy of decisions this Council makes about Lindfield Village Green and it is therefore essential that Council future proofs the project.

That said, it is also essential for those in the community with an interest in this project to make submissions on the development application on public exhibition until 28 February. The Council is following due process in this regard.

Resolved:

1.      That staff investigate increasing underground short-term parking spaces while maintaining the proposed commuter spaces, including a thorough cost analysis and funding sources, and report back to Council.

2.      That an analysis of the flow on impact of these parking increases on surrounding streets and local intersections also be undertaken and brought back to council in the same report.

CARRIED UNANIMOUSLY

29

Greater Sydney Planning Awards

File: S08662

Vide: MM.2

I am very pleased to advise Councillors and our community that Ku-ring-gai Council was awarded two commendations by the Greater Sydney Commission through their inaugural Greater Sydney Planning Awards.

The first commendation was for the Activate Ku-ring-gai program which involves planning for the renewal of our major centres. The second commendation was for the Lindfield Community Hub Master Plan.

A total of 11 awards were given out of 47 award submissions and our Council was the only entrant receiving two commendations.

The NSW Minister for Planning, Anthony Roberts and Chief Commissioner Lucy Turnbull AO presented the awards last week praising the high standard of entries and level of innovation they demonstrated.

The judging panel’s comments on Lindfield Community Hub were as follows:

“The project is envisaged as a catalyst project to drive investment, growth and social energy that will transform the suburban centre of Lindfield into an animated and dynamic urban village.

Pro-active planning by Ku-ring gai Council has created a commercially attractive proposal to be delivered through a public private partnership, without compromising on intimacy of scale in the buildings and public spaces.

Ongoing involvement of the local community has ensured the project meets the community’s vision; by leveraging their passion and expertise they have championed the project.”

On the Activate Ku-ring-gai program, the judges had this to say about our submission:

“Activate Ku-ring-gai is an ambitious program of urban renewal and transformation created and spearheaded by Ku-ring-gai Council.

……….The program involves community engagement and collaboration at multiple levels ranging from community and stakeholders, property industry, Councillors and State Government, and has garnered unrivalled support for the projects. Successful delivery of the projects will set a precedent for the design and delivery of community infrastructure in suburban centres within Greater Sydney.

The judges commended Council on the innovative approach to engagement which serves as a model for other centres.”

I pay tribute to the Council’s strategic planning staff and the consultants who have been engaged by Council to work on both projects.

Their close cooperation and emphasis on consultation with the community have ensured a high level of responsiveness and design flexibility.

Our Council prides itself on listening to our community and involving them in decision-making for the local area.

I congratulate all those involved in Activate Ku-ring-gai and the Lindfield Community Hub and I look forwarded to seeing these projects transform our local centres in a positive and lasting legacy for Ku-ring-gai.

Resolved:

That Council receives and notes this Mayoral Minute.

CARRIED UNANIMOUSLY

30

Archdale Park - removal of uprights and concrete base  (Thirty Five [35] Signatures)

File: S05692

Vide: PT.1

“We, the undersigned, request Council to remove the uprights and concrete base of the previously erected Shelter in Archdale Park.  (Thirty five (35) signatures)”

Following a meeting on site at the Archdale Park on August 31^st, 2016 involving the Mayor and Snr Constable Cleary the Mayor submitted a Mayoral Minute to Council re the same.

Amongst the other matters the Mayor proposed that:

“The Shelter in Betty Archdale Park be dismantled and stored at Council’s depot for possible re-use in the future or at an alternative site.”

As a result of this, the shelter, table and seat have been removed but the posts, which were concreted into the base of the shelter, were left standing, creating an eyesore to all that use the park or pass through it.

As none of the surrounding residents ever requested the installation of this shelter, which was the focal point of unnecessary bad behaviour by young adults until removed, we sincerely request that the shelter not be re-installed and the uprights and concrete slab be removed and replaced by lawn.

Resolved:

(Moved: Councillors Malicki/Armstrong)

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

CARRIED UNANIMOUSLY

31

Analysis of Land and Environment Court Costs - 2nd Quarter 2016 to 2017

File: S05273

Vide: GB.2

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2016.

Resolved:

(Moved: Councillors McDonald/Pettett)

That the analysis of Land and Environment Court costs for the quarter ended 31 December 2016 be received and noted.

CARRIED UNANIMOUSLY

32

Investment Report as at 31 January 2017

File: S05273

Vide: GB.3

To present Council’s investment portfolio performance for January 2017.

Resolved:

(Moved: Councillors McDonald/Pettett)

A.       That the summary of investments and performance for January 2017 be received and noted.

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

CARRIED UNANIMOUSLY

33

2016 - 2017 Budget Review - 2nd Quarter ended December 2016

File: S09112/6

Vide: GB.4

To inform Council of the results of the 2^nd quarter budget review of 2016/17 and seek approval to adjust the annual budget based on the actual financial performance and trend for the period 1 July 2016 to 31 December 2016.     

Resolved:

(Moved: Councillors McDonald/Pettett)

That Council receive and note the December 2016 Quarterly Budget Review and adopt the recommended changes to the 2016/17 budget.

CARRIED UNANIMOUSLY

34

2017 Australian Women's Leadership Symposium

File: FY00581/2

Vide: GB.5

To advise Council of the 2017 Australian Women’s Leadership Symposium.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

That any Councillors interested in attending the 2017 Australian Women’s Symposium advise the General Manager by Wednesday, 5 April 2017.

CARRIED UNANIMOUSLY

35

29-31 Moree Street, Gordon - Demolish existing dwellings and construct 15 town-houses including basement parking and landscaping works

File: DA0095/16

Vide: GB.6

To determine Development Application No. DA0095/16 to demolish existing dwellings and construct 15 town-houses, including basement parking and landscaping works.

Resolved:

(Moved: Councillors McDonald/Pettett)

A.      THAT Council, as the consent authority, is of the opinion that the requests submitted under Clause 4.6 of Ku-ring-gai Local Environmental Plan (Local Centres) 2012 to vary the building height and floor space ratio development standards have met the requirements of Clause 4.6(3) of KLEP (Local Centres) 2012.  Council is also of the opinion that strict compliance with the development standards is unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variations to the development standards.

AND

B.      THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant development consent to DA0095/16 for the demolition of the existing dwellings and construction of 15 town-houses including basement parking and landscaping works on land at 29-31 Moree Street, Gordon, subject to conditions.  Pursuant to Section 95(2) of the Environmental Planning and Assessment Act, 1979, this consent lapses if the approved works are not physically commenced within two years of the date of the Notice of Determination.

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 Moree Street from Pacific Highway to the western extent of 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.     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.

9.     Work zone

A Works Zone is to be provided in Moree Street 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.

10.   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.

11.   Erosion and drainage management

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

Reason:         To preserve and enhance the natural environment.

12.   Marking of trees to be removed

All trees that are to be removed are to be clearly marked on site by the Project Arborist in accordance with the approved plans. All other trees are to be retained.

Reason:       To protect existing trees during the construction phase.

13.   Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off as per the approved Tree Protection Plan, Appendix A4, Arborist Report, Tree Talk, February 2016 and as amended by other conditions of consent to prevent any activities, storage or the disposal of materials within the fenced area.  The fencing shall be maintained intact until the completion of all demolition/building work on site.

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

Reason:       To protect existing trees during construction phase.

14.   Tree protection signage

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

Tree protection zone.

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

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

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

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

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

Reason:         To protect existing trees during the construction phase.

15.   Tree 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.   Construction waste management plan

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s Waste Management controls in the Ku-ring-gai Development Control Plan.

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

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

Reason:         To ensure appropriate management of construction waste.

17.   Noise and vibration management plan

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

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

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

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

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

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

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

·          noise and vibration monitoring, reporting and response procedures

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

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

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

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

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

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

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

18.   Voluntary planning agreement

Prior to the issue of any Construction Certificate, the Planning Agreement between Ku-ring-gai Council and Moree Terraces Pty Ltd is to be executed and implemented in accordance with the timetable and terms set within the document.

Reason:       Statutory requirement.

19.   Lot consolidation

Prior to the commencement of works, the applicant must consolidate Lots 1 and 2 in DP 846768 and Lot 2 in DP212930 into one allotment which will form the development site. Evidence of lot consolidation, in the form of a plan registered with the Land and Property Information must be submitted to the Principal Certifying Authority prior to the issue of a construction certificate.

Reason:       To facilitate the orderly development of land.

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 as follows:

1.       The landscape plans are to be amended in accordance with the architectural and stormwater plans and relevant conditions. All units are to be numbered in accordance with the approved architectural plans.

2.       Top of wall heights to private courtyards are to be shown. Ground floor private open space, courtyard and terrace wall and fence heights are not to exceed,

i) 1.2m to any street frontage or otherwise,

ii) 1.8m with a maximum 1.2m high solid component and a minimum 30% transparent component above.

3.       The landscape plan is to be amended to show proposed Option 1 flood control works in accordance with the stormwater plans.

4.       Trees 7, 8 and 8a are not considered worthy of retention and are to be shown to be removed.

5.       The proposed canopy tree planting of Angophora floribunda (Rough Barked Apple) located along the northern boundary within the vicinity of Trees A - D is to be substituted with Elaeocarpus reticulatus (Blueberry Ash) or similar.

6.       The proposed canopy tree planting of Angophora costata (Sydney Red Gum) located along front boundary to new road is to be set back minimum of 5 metres from the proposed building.

7.       The proposed planting of Angophora floribunda (Rough Barked Apple) as street trees to Moree Street and the new road are to be substituted with small trees such as  Alectryon tomentosus (Rambutan),  Lagestroemia indica 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 satisfaction of the Certifying Authority.

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

21.   Privacy

To ensure that reasonable privacy is maintained to the adjoining property at 21-27 Moree Street, Gordon, the following measures shall be implemented:

·          Fixed privacy screening shall be installed for the entire length of the east elevation of the roof terraces to TH5 and TH14.

·          The screening shall have a height of 1.6 metres above the finished floor level of the respective terrace.

·          The screening shall consist of durable materials, appropriately integrated, designed and maintained at all times so as to prevent direct overlooking of the adjoining property.

Details to the above effects are to be submitted to the satisfaction of the Certifying Authority, prior to issue of a Construction Certificate.

Reason:         To maintain privacy.

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.   Outdoor lighting

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

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

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

25.   Air drying facilities

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

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

Reason:         Amenity & energy efficiency.

26.   External service pipes and the like prohibited

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

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

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

27.   Access for people with disabilities (residential)

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

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

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

28.   Adaptable units

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

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

Reason:         Disabled access & amenity.

29.   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.

30.   Driveway crossing levels

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

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

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

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

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

31.   Driveway grades - basement carparks

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

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

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

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

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

32.   Basement car parking details

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

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

·          a clear height clearance of 2.6 metres (required 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

·          a tap is to be provided adjacent to the car wash bay to make provision for on-site car washing

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 as follows:

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.   Bicycle spaces

The bicycle parking spaces shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.

Reason:         To provide alternative modes of transport to and from the site.

35.   Design of works in public road or on Council trunk drainage system (Roads

        Act approval)

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

·          new 750mm diameter reinforced concrete rubber ring jointed pipe to replace existing Council pipe within the subject property

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

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

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

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

36.   Energy Australia requirements

Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.

Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.

Reason:         To ensure compliance with the requirements of Energy Australia.

37.   Utility provider requirements

Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained.  All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.

Reason:         To ensure compliance with the requirements of relevant utility providers.

38.   Underground services

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

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

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

39.   Infrastructure damage security bond and inspection fee

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

(a)     All work or activity undertaken pursuant to this development consent 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 consent 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 damage security bond and infrastructure inspection fee must be paid to 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 damage security bond and infrastructure inspection fee, Council will undertake such inspections of Council Property as Council considers necessary and will 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 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 damage security bond 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 damage security bond and infrastructure inspection fee” means the Infrastructure damage security bond and infrastructure inspection fee as calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council property associated with this condition.

Reason:         To maintain public infrastructure.

40.   Section 94 Contributions - Centres.

        (For DAs determined on or after 19 December 2010)

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

Infrastructure Type                                                                      Total

Gordon TC Local Parks & Sporting Facilities                                         $198,848.07

Gordon TC New Roads & Road Mods                                                        $88,515.18

Gordon TC Townscape Transport & Pedest Fac                                       $98,453.85

LGA Wide Local Recreational & Cultural                                                  $27,548.52

Development Contributions Total                                        $413,365.62

The development involves works-in-kind in accordance with a Voluntary Planning Agreement (VPA) referenced in other conditions of this consent. The monetary amount of the development contributions will be directed in accordance with that VPA once executed. In the event that a VPA is not executed, then the above monetary contributions will be due and payable prior to the issue of any Construction Certificate, 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, or as otherwise agreed within the VPA once executed.  If a VPA is not executed, then prior to payment, please contact Council directly to verify the current payable contributions.

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

Reason:       To ensure the provision, extension or augmentation of the Key Community Infrastructure identified in Ku-ring-gai Contributions Plan 2010 that will, or is likely to be, required as a consequence of the development.

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

41.   Road opening permit

The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a road opening permit being obtained from Council (upon payment of the required fee) beforehand.

Reason:       Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.

42.   Prescribed conditions

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

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

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

Reason:         Statutory requirement.

43.   Hours of work

Demolition, 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 using machinery must be limited to between 7.00am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon and 1.00pm.  No excavation using machinery is to occur on Saturdays, Sundays or public holidays.

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.   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.

46.   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.

47.   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.

48.   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.

49.   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.

50.   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 Australia dated 9 September 2015. 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.

51.   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 Australia dated 9 September 2015. 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.

52.   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.

53.   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.

54.   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.

55.   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.

56.   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.

57.   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.

58.   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.

59.   Maintenance period for works in public road

A maintenance period of six (6) months applies to all work in the public road reserve or on Council’s trunk drainage system 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.

60.   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.

61.   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.

62.   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.

63.   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.

64.   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.

65.   Arborist’s report

All trees to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 and Section 9.2, Arboricultural Impact Assessment prepared by Tree Talk and dated February 2016 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.

66.   Trees on nature strip

Removal of the following tree/s from Council's nature strip 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.

67.   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.

68.   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.

69.   Hand excavation

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

Reason:         To protect existing trees.

70.   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.

71.   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.

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

·          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, the Principal Certifying Authority is to be satisfied that an easement for waste collection has been 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.   Relocation of Council drainage easement

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that an easement benefitting Ku-ring-gai Council has been created over the relocated pipe within the subject property. 

Note:              Council will not endorse the easement documentation for submission at the Department of Lands until it is satisfied that the works have been carried out in accordance with all conditions imposed by Council in its approval for the relocation of the easement.  This includes but is not limited to payment of fees and other monies, inspections and certifications and review of the documentation by Council’s solicitor at the applicant’s expense.

Reason:         To protect Council's infrastructure.

78.   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. 705453M_03 have been complied with.

Reason:         Statutory requirement.

79.   Clotheslines and clothes dryers

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

Reason:         To provide access to clothes drying facilities.

80.   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.

81.   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.

82.   Accessibility

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

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

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

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

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

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

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

Reason:         Disabled access & services.

83.   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 Ku-ring-gai Development Control Plan have been achieved

·          retained water is connected and available for use

·          all grates potentially accessible by children are secured

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

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

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.

84.   WAE plans for stormwater management and disposal

Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:

·          as built (reduced) surface and invert levels for all drainage pits

·          gradients of drainage lines, materials and dimensions

·          as built (reduced) level(s) at the approved point of discharge to the public drainage system

·          as built location and internal dimensions of all detention and retention structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site

·          the achieved storage volumes of the installed retention and detention storages and derivative calculations

·          as built locations of all access pits and grates in the detention and retention system(s) including dimensions

·          the size of the orifice or control fitted to any on-site detention system

·          dimensions of the discharge control pit and access grates

·          the maximum depth of storage possible over the outlet control

·          top water levels of storage areas and indicative RL’s through the overland flow path in the event of blockage of the on-site detention system

The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.

Reason:         To protect the environment.

85.   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 88B or 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 Part 24R.8 of Ku-ring-gai DCP). 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.

86.   CCTV report of pipe after work

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

Reason:         To protect the environment.

87.   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.

88.   Certification of as-constructed driveway/carpark

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

·          the as-constructed car park complies with the approved Construction Certificate plans

·          the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 - 2004 “Off-Street car parking" in terms of minimum parking space dimensions

·          finished driveway gradients and transitions will not result in the scraping of the underside of cars

·          no doors, gates, grilles or other structures have been provided in the access driveways to the basement carpark, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area

·          the vehicular headroom requirements of:

-   Australian Standard 2890.1 - “Off-street car parking”,

-   2.6 metres height clearance for waste collection trucks are met from the public street into and within the applicable areas of the basement carpark.

Note:              Evidence from a suitably qualified and experienced traffic/civil engineer indicating compliance with the above is to be provided to and approved by the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Reason:         To ensure that vehicular access and accommodation areas are compliant with the consent.

89.   Reinstatement of redundant crossings and completion of infrastructure

        works

Prior to issue of the Occupation Certificate, but not until completion of all works on site, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:

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

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

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

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

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

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

Reason:         To protect the streetscape.

90.   Construction of works in public road - approved plans

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

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

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

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

91.   Mechanical ventilation

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that all mechanical ventilation systems are installed in accordance with Part F4.5 of the Building Code of Australia and comply with Australian Standards AS1668.2 and AS3666 Microbial Control of Air Handling and Water Systems of Building.

Reason:         To ensure adequate levels of health and amenity to the occupants of the building.

92.   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.

93.   Certification of car stacking system

A suitably qualified traffic or structural engineer must certify that the car stacking system is structurally sound and has been installed in accordance with the manufacturer’s standards and guidelines.  The certification must also confirm that the device is operating satisfactorily.  The certificates are to be provided to the satisfaction of the Principal Certifying Authority prior to issue of the Occupation Certificate.

Reason:       To ensure adequate parking provision.

94.   Car stacking system positive covenant

Prior to issue of the Occupation Certificate, the applicant must create a Positive Covenant under Section 88 E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the car stacking system on the property.  Registered title documents showing the covenant must be submitted to and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason:       To ensure adequate parking provision.

Conditions to be satisfied at all times:

95.   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 displayed prominently in the building.

Reason:         To ensure statutory maintenance of essential fire safety measures.

96.   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.

97.   No door restricting internal waste collection in basement

At all times, the basement garbage storage and collection area is to be accessible by Council’s Waste Collection Services. No doors, grilles, gates or other devices shall be provided in any location which would prevent this service. Where a gate, door or the like is to be erected, unimpeded access to the garbage collection point is to be provided by other means through written agreement with Council’s Waste Collection Services.

Reason:         To facilitate access to the garbage collection point.

98.   Noise control – plant and machinery

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

Reason:         To protect the amenity of surrounding residents.

99.   Car parking

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

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

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

Reason:         To ensure adequate provision of visitor parking spaces.

100. Loading and unloading

At all times, all loading and unloading of service vehicles in connection with the use of the premises shall be carried out wholly within the site.

Reason:         To ensure safe traffic movement.

101. Unobstructed driveways and parking areas

At all times, all driveways and parking areas shall be unobstructed. Driveways and car spaces shall not be used for the manufacture, storage or display of goods, materials or any other equipment and shall be used solely for vehicular access and for the parking of vehicles associated with the use of the premises.

Reason:         To ensure safe traffic movement.

CARRIED UNANIMOUSLY

36

Delivery Program 2013-2017 and Operational Plan 2016-2017 - Bi-Annual Report

File: FY00382/9

Vide: GB.8

To report to Council on the progress of the Delivery Program 2013/2017 and Operational Plan 2016/2017, for the period July to December 2016. 

Resolved:

(Moved: Councillors McDonald/Szatow)

A.   That the report on the six (6) monthly progress review of the Delivery Program, 2013/2017 and Operational Plan 2016/2017 for the period of July 2016 to December 2016 be received and noted.

B.   That 2016/2017 Task P4.1.2.1.1 as listed in the report be noted as remaining on hold for the current year.

CARRIED UNANIMOUSLY

37

Extinguishment of Council Easement at 2 - 8 Pymble Avenue and
2 - 4 Everton Street Pymble

File: CY00066/9

Vide: GB.9

To consider a request to extinguish a Council drainage easement in respect of a multi-unit development site at 2‑8 Pymble Avenue and 2-4 Everton Street Pymble. .

Resolved:

(Moved: Councillors McDonald/Szatow)

A.   That approval is granted to extinguish Council’s easement over Lot 2 DP217787.

B.   That the Applicant be advised that Council has resolved to extinguish Council’s easement over Lot 2 DP217787.

C.   That Council approves of the General Manager or his delegate completing negotiations with the Applicant strictly on the basis set out in this report to secure fair compensation.

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

E.   That all costs associated with the extinguishment of the existing easement including legal and survey costs and all costs associated with new drainage works be borne by the Applicant.

CARRIED UNANIMOUSLY

38

PCA Smart Cities Conference 2017

File: FY00581/2

Vide: GB.10

To advise Council of the PCA Smart Cities Conference 2017.

Resolved:

(Moved: Councillors McDonald/Armstrong)

That any Councillors interested in attending the PCA Smart Cities Conference 2017 advise the General Manager by Thursday 2 March 2017.

CARRIED UNANIMOUSLY

39

Waste Collection Contract Extension

File: S11343

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)(d)(iii), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i)         prejudice the commercial position of the person who supplied it, or

(ii)        confer a commercial advantage on a competitor of Council, or

(iii)       reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(iii) because it deals with a trade secret in respect of  

Report by Director Operations dated 17 February 2017

Resolved:

(Moved: Councillors McDonald/Armstrong)

A.   That Council not undertake a tender for the waste and recycling services due to the extenuating circumstances that exist with the State Government’s Local Government Reform process and complying with Section 23A of the Local Government Act.

B.   That Council enter into a four (4) year extension to its Waste Collection Contract with Veolia Environmental Services commencing 6 September 2017 as negotiated.

C.   That the General Manger be delegated to finalise the negotiations and execute the Deed of Variation with  Veolia Environmental Services for a four (4) year extension to its Waste Collection Contract.

CARRIED UNANIMOUSLY

40

Save Marian Street Theatre Committee Business Plan - Probity & Risk Review

File: S10577/2

Vide: GB.1

To provide Council with the results of an independent probity and risk review of the Save Marian Street Theatre Business Plan.

The following members of the public addressed Council on this item:

M Richardson

J Cadden

W Blaxland

Resolved:

(Moved: Councillors Fornari-Orsmond/Ossip)

A.   As per the recommendations from the O’Connor Marsden probity and risk review, and prior to Council determining whether to proceed with the Save Marian Street Theatre fundraising initiative, Council should resolve its intention for the future use of the Marian Street Theatre site and theatre facilities in Ku-ring-gai.

B.   In order to make an informed decision, a business case be prepared assessing the available options for theatre in Ku-ring-gai, including but not limited to those options identified in the O’Connor Marsden report 9 February 2017, and a report be brought to Council on the scope and indicative costs of undertaking the recommended business case.

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

Against the Resolution:         Councillors Berlioz and Szatow

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

[Moved: Councillors Malicki/Berlioz]

A.      That Council resolve to keep the Marian Street Theatre site as the site for the theatre facilities in Ku-ring-gai.

B.     In order to make an informed decision, a business case be prepared assessing the available options for a theatre at Marian Street.

For the Lost Foreshadowed Amendment:        Councillors Citer, Malicki, Armstrong, Berlioz and Szatow

Against the Lost Foreshadowed Amendment:  The Mayor, Councillor Anderson, Councillors McDonald, Pettett, Fornari-Orsmond and Ossip

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST of the Foreshadowed Amendment.

No decision was taken in respect of the above matter as the
Foreshadowed Amendment when put to the vote was LOST

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

[Moved: Councillors Berlioz/Szatow]

A.      That Council resolve to keep Marian Street Theatre site as the site for the theatre facilities in Ku-ring-gai.

B.     That Council proceed according to the recommendations in the O’Connor Marsden Probity and Risk Review.

Including that:

$36,000 is granted to SMST Committee under the following conditions:

·           A formal agreement to be set up

·           Works to be managed by Council (legality p. 70)

·           Ongoing lease to go to the market (probity p. 70)

·           Formal agreement (point 2 p. 71)

·           The funding feasibility analysis to be presented to Council (point 2. p. 72)

·           The role of the committee to be limited to fundraising for base works
(point 3 p. 72)

·           Council provide grant funding support for professional fundraising efforts
(p 72-73)

·           Council determines the standard of the refurbishment and restoration of the MST and its ongoing use as an arts cultural facility.

·           Council determines the design, scope and estimate of the cost of these capital works.

It will be up to the committee to negotiate the formal agreement with Council.

For the Amendment:             Councillors Citer, Armstrong, Berlioz and Szatow

Against the Amendment:       The Mayor, Councillor Anderson, Councillors McDonald, Pettett, Malicki, Fornari-Orsmond and Ossip

No decision was taken in respect of the above matter as

the Amendment when put to the vote was LOST

A Motion moved by Councillors Malicki and Szatow
that voting on the above Amendment -
be in seriatim was

For the Motion:                      Councillors Citer, Armstrong, Malicki, Berlioz and Szatow

Against the Motion:                The Mayor, Councillor Anderson, Councillors McDonald, Pettett, Fornari-Orsmond and Ossip

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST of the Motion.

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

Councillor Fornari-Orsmond moved a Procedural Motion asking the Mayor to seek a vote on the matter as there had been 2 speakers For and 2 Against.

For the Motion:                      The Mayor, Councillor Anderson, Councillors , Citer, McDonald, Pettett, Malicki, Berlioz, Szatow, Fornari-Orsmond and Ossip

Against the Motion:               Councillor Armstrong

41

Turramurra Community Hub Masterplan and Rezoning & Reclassification of 1275 Pacific Highway, Turramurra

File: S09969

Vide: NM.1

The following members of the public addressed Council on this item:

S Marshall

M Burgess

J Kitson

C Smallbone

J Harwood

Notice of Rescission from Councillors Malicki, Berlioz, Szatow, Armstrong and Citer dated 15 February 2017

We, the undersigned Councillors, move that the following decision from GB9 of the meeting of 7 February 2017 is rescinded.

A.   That Council adopts the Planning Proposal to amend the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 to rezone and reclassify Council owned land at 1275 Pacific Highway, Turramurra.

B.   That the Planning Proposal be submitted to the Department of Planning and Environment in accordance with Section 59 of the Environmental Planning and Assessment Act 1979, and the Greater Sydney Commission be requested to make the plan.

C.   That those who made submissions be notified of Council’s decision.

D.   Council adopt the Turramurra Community Hub Master Plan as described in this report and attached and in summary includes:

i.    A Community Building comprising a community centre and branch library located adjoining the proposed town square site with a total area of  - minimum 3000sqm;

ii.   Open space (linear/leisure gardens) – 2780sqm;

iii.  Town square – 2300sqm;

iv.  Residential – 18,600sqm;

v.   Retail – 6,360sqm; and

vi.  Streetscape improvements – Forbes Lane, Ray Street and William Street.

E.   That Section B, Part 14 1B – Turramurra Centre of Ku-ring-gai Local Centres Development Control Plan be amended to be consistent with the Council’s adopted Masterplan.

F.   That the draft amendment to the Ku-ring-gai Local Centres Development Control Plan be placed on public exhibition in accordance with the requirements of the EP&A Act 1979 and Regulations.

G.   That a report be brought back to Council after the exhibition.

H.   That Council proceed to the next phase of the Turramurra Community Hub project which involves the preparation of a business case and investigation of preferred delivery method.

If the Rescission Motion is successful, then we move:

A.   That 1275 Pacific Highway, Turramurra, be retained as a public park, zoned RE1 and classified Community.

B.   That those who made submissions and the Greater Sydney Commission be informed of Council’s decision.

C.   That a report be brought back to Council adjusting the Turramurra Community Hub Masterplan to exclude any development on or under the Turramurra Village Park. This Masterplan should include:

i.    A Community Building comprising a Community Centre and Branch Library located adjoining to the Town Square site with a total area of a minimum of 3,000sqm

ii.   Open space (linear/leisure gardens) up to 2780sqm

iii.  Town square – 2300sqm

iv.  Residential – 18,600sqm

v.   Retail – 6,360sqm

vi.  Streetscape improvements – Forbes Lane, Ray Street and William Street

D.   That Section B, Part 14 1B – Turramurra Centre of Ku-ring-gai Local Centres Development

Control Plan be amended if necessary to be consistent with the Council’s adopted Masterplan.

E.   That the Draft Amendment showing retention of the park as open space be placed on exhibition if necessary in accordance with the requirements of the EP&A Act 1979 and Regulations.

F.   That a report be brought back to Council after the exhibition if the exhibition is necessary.

G.   That a briefing be held I the evening at a time which suits most Councillors to discuss financial implications of the masterplan, and funding options which do NOT include loss of the Village Park. This is to be within one month.

H.   That Council proceed to the next phase of the Turramurra Community Hub project which involved the preparation of a business case and investigation of the preferred delivery method.

I.    That design work for embellishing the Turramurra Village Park commence immediately with design costs being funded from the s94 Contributions already collected to embellish this park under the Contributions Plan 2010. This amount is in the vicinity of $321,000 in 2010.

Resolved:

(Moved: Councillors Malicki/Citer)

That the above Notice of Rescission as printed be adopted.

For the Resolution:                Councillors Citer, Malicki, Armstrong and Berlioz

Against the Resolution:         The Mayor, Councillor Anderson, Councillors McDonald, Pettett, Fornari-Orsmond and Ossip

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

42

Turramurra Community Hub - Draft Memorandum of Understanding

File: S10467

Vide: GB.7

To seek the approval of Council to enter into a Memorandum of Understanding (MOU) with the Coles Group Property Developments (Coles) to allow discussions regarding a preferred delivery method for the Turramurra Community Hub Project.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

A.   To seek an in principle agreement from Council to enter into a Memorandum of Understanding (MOU) with the Coles Group Property Developments for the Turramurra Community Hub Project.

B.   That Council authorise the General Manager and/or his delegate to make minor amendments to the MOU to reflect any comments made by Coles, execute the legal document, to affix the Council Seal and to execute all necessary documentation, resulting from the development of the final MOU.

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

Against the Resolution:         Councillors Citer, Malicki and Armstrong

43

Plastics - Taking a Lead at Local Level

File: S02295

Vide: QN.1

Question Without Notice from Councillor Duncan McDonald

One of the speakers this evening spoke about plastic and taking a lead at a local level.

Would the General Manager please advise if there is a way we can action something along these lines as there were some very good points raised.

Answered by General Manager and Mayor

The General Manager advised that he will organise a memo through the Director Strategy & Environment.

The Mayor advised that staff are organising a meeting with Mr Chris Smallbone and any Councillors wishing to attend will be welcome.

44

Update on Boundary Road QWN

File: 88/05172/01

Vide: QN.2

Question Without Notice from Councillor David Armstrong

Can staff provide an update on the Question without Notice from 7 February 2017?

Answered by Director Operations

The Director Operations advised a memo has been sent to all Councillors.

45

Lindfield Community Hub - Public Private Partnership - initial assessment of Project Proposal by the Office of Local Government

File: S10973-6

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 section 10A(2)(d)(ii), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i)           prejudice the commercial position of the person who supplied it, or

(ii)         confer a commercial advantage on a competitor of Council, or

(iii)       reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.

Report by Director Strategy & Environment dated 19 January 2017

Resolved:

(Moved: Councillors Anderson/Armstrong)

That Council adopts the recommendations A and B as set out in the Officers Report.

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

Against the Resolution:         Councillor Malicki

Ordinary Meeting of Council - 14 March 2017

PT.1 / 58

Item PT.1

S09969

1 March 2017

Recommendation:

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

Ordinary Meeting of Council - 14 March 2017

GB.1 / 59

Item GB.1

S09436

17 November 2016

purpose of report:

To provide Council with an update on the business engagement program delivered in the past 12 months.

background:

Council, at its meeting of 15 December 2015, resolved to dissolve the Economic and Social Development Advisory Committee and to endorse Council’s membership of the State Government’s Small Business Friendly Councils Program. In response to this resolution an expanded program of business engagement events has been delivered to support, educate and strengthen connections within the Ku-ring-gai local business community.

comments:

This report provides information for Council about the Business Engagement Events program including what has been delivered, feedback received and plans for future engagement of local businesses.

recommendation:

That Council receive and note this report.

Recommendation:

That Council receive and note this report.

William Adames

Community & Business Engagement Co-ordinator

Virginia Leafe

Manager Corporate Communications

Janice Bevan

Director Community

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GB.2 / 70

Item GB.2

S02133

6 March 2017

purpose of report:

To inform Councillors of an invitation from the Australian Local Government Association (ALGA) to submit motions to the 2017 National General Assembly (NGA) of Local Government. 

background:

The National General Assembly of Local Government (NGA) is held annually and provides an opportunity for councils to identify and discuss national issues of priority for the sector and to agree on possible steps which could be taken to address these issues.

The NGA typically attracts more than 700 mayors, councillors and senior officers from councils across Australia. The 2017 NGA will be held at the National Convention Centre in Canberra from 18 - 21 June 2017.

comments:

The ALGA has written to all councils inviting submissions of motions for the 2017 National General Assembly of Local Government (NGA).

The theme for the 2017 NGA is ‘Building Tomorrow’s Communities’. Motions must be consistent with this theme.

Motions must be submitted to the ALGA by 21 April 2017.

recommendation:

That Councillors provide any proposed motions for the 2017 National General Assembly of Local Government to the Manager Records & Governance by Thursday 23 March 2017, and that a further report providing details of any proposed motions be referred to Council at its meeting on 4 April 2017 for approval prior to submission to the ALGA.

Recommendation:

A.       That Councillors provide any proposed motions for the 2017 National General Assembly of Local Government to the Manager Records & Governance by Thursday 23 March 2017; and

B.       That a further report be provided to Council at its meeting on 4 April 2017, requesting that Council consider all proposed motions and approve them for submission to the ALGA.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

A1

Invitation to Councils - Call for Motions - National General Assembly 2017

2017/057675

A2

Discussion Paper - Call for Motions - National General Assembly 2017

2017/057677

APPENDIX No: 1 - Invitation to Councils - Call for Motions - National General Assembly 2017

Item No: GB.2

APPENDIX No: 2 - Discussion Paper - Call for Motions - National General Assembly 2017

Item No: GB.2

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Item GB.3

CY00043/9

6 March 2017

purpose of report:

To advise Council of the 2017 ECOCITY World Summit.

background:

The ECOCITY Summit series, held every two years since 1990, has developed into one of the most globally significant forums for addressing the complex challenges facing humanity in a rapidly urbanising world.

comments:

The 2017 ECOCITY World Summit will be held on 12-14 July 2017 at the Melbourne Exhibition and Convention Centre.

ECOCITY 2017 will address the unprecedented ecological, economic, political and cultural challenges – and opportunities – facing the world’s cities through a focus on six major themes:

·    Climate and energy transformations

·    Food and water security

·    Smart cities for people

·    Healthy and caring cities

·    Culturally vibrant cities

·    Governance, infrastructure 
and finance

recommendation:

That any Councillors interested in attending the 2017 ECOCITY World Summit advise the General Manager by Tuesday 28 March 2017.

Recommendation:

That any Councillors interested in attending the 2017 ECOCITY World Summit advise the General Manager by Tuesday 28 March 2017.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

A1

ECOCITY World Summit 2017 - Program

2017/057766

APPENDIX No: 1 - ECOCITY World Summit 2017 - Program

Item No: GB.3

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Item GB.4

S02613

1 February 2017

purpose of report:

To present to Council the draft Ku-ring-gai Companion Animals Plan for the period 2017 to 2020.

background:

In accordance with NSW state guidelines, councils were encouraged to develop individual plans as a guide to Management & Service delivery for Companion Animal matters within their locality. This is the third plan developed in the series. Council’s inaugural plan was adopted in 2006, for the period 2006 – 2011, the second was for the period 2011 – 2016. The current plan sets out intended actions for the period 2017-2020.

comments:

The draft Companion Animals Management Plan 2017 to 2020 is considered to be in an acceptable form to place on public exhibition. The draft plan follows the format and activity areas of the inaugural plan.

recommendation:

That the draft Ku-ring-gai Companion Animals Plan 2017 to 2020 be placed on public exhibition for a period of
28 days and then be reported back to Council.

Recommendation:

That the draft Ku-ring-gai Companion Animals Management Plan 2017 to 2020 be placed on public exhibition for a period of 28 days and then reported back to Council.

Tony McCormack

Team Leader Rangers Services

Anne Seaton

Manager Regulation & Compliance

Michael Miocic

Director Development & Regulation

Attachments:

A1

Draft Companion Animals Management Plan 2017-2020

2017/058242

APPENDIX No: 1 - Draft Companion Animals Management Plan 2017-2020

Item No: GB.4

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Item GB.5

S08622/4

1 February 2017

purpose of report:

To provide an update on the progress towards delivering a road link between Moree Street and Dumaresq Street Gordon in accordance with the Development Control Plan and the Public Domain Plan and to present a draft Planning Agreement to Council with the recommendation that it be placed on statutory public exhibition.

background:

The Local Centres Development Control Plan and Public Domain Plan make provision for link roads through the long blocks between the Pacific Highway and Vale Street Gordon.  These are a key component of the Council-RMS strategy to facilitate traffic & pedestrian circulation and management for the redevelopment of the local centre of Gordon.

comments:

Ku-ring-gai Council delivered Beans Farm Road between McIntyre Street and Dumaresq Street in 2014/15.  Preparations for the delivery of the link between Dumaresq Street and Moree Street are well advanced with one executed Planning Agreement and one draft Planning Agreement.

recommendation:

That the draft Planning Agreement for the partial delivery of a link-road adjoining 29-31 Moree Street Gordon be placed on statutory public exhibition.

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Strategies, plans and processes are in place to effectively manage the impact of new development

P8.1.1.1.1.1-2

Ku-ring-gai Contributions Plan

2010 ensures new development contributes towards the cost of delivering supporting infrastructure.

P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets

Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T3.1 An accessible public

transport and regional road network that meets the diverse and changing needs of the community

A strategic access, traffic

and transport plan is being implemented for the Northern Sydney Region

T 1.1.3.1.1

New link roads

Recommendation:

A.   That public notice of the exhibition of the draft Planning Agreement and Explanatory Note relating to the property at 29, 29A and 31 Moree Street, Gordon for the purposes of delivering part of the road link adjoining that property and providing access to it, be duly given, and a copy of those documents be made available for inspection, in accordance with the Environmental Planning and Assessment Act 1979.

B.   That the General Manager be given delegated authority to negotiate any terms of the Planning Agreement with Moree Terraces Pty Ltd that do not or will not affect the core intention of the contributions to be made under that agreement to protect Council’s interests in the delivery of the future public road.

C.   That a further report be submitted to Council following the public exhibition period.

D.   That Council endorse staff negotiating the delivery the central culvert in the Moree to Dumaresq link road which lies across the boundary of 32 Dumaresq Street and 33 Moree Street, in the most timely and logistically efficient manner whether by one or the other developer or by Council itself.

Kate Paterson

Infrastructure Co-ordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

A1

Dumaresq to Moree road link concept design

2017/040841

A2

Draft Voluntary Planning Agreement for part Moree to Dumaresq link road - exhibition version

2017/058136

A3

Council Land - Annexure A to the VPA

2017/058292

A4

Development Land - Annexure B

2017/058291

APPENDIX No: 1 - Dumaresq to Moree road link concept design

Item No: GB.5

APPENDIX No: 2 - Draft Voluntary Planning Agreement for part Moree to Dumaresq link road - exhibition version

Item No: GB.5