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)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Urban & Heritage Planning (Antony Fabbro)

Manager Finance (Angela Apostol)

Manager Integrated Planning, Property & Assets (Deborah Silva)

Manager Records and Governance (Amber Moloney)

Team Leader Urban Planning (Craige Wyse)

Minutes Secretary (Christine Dunand)

87

Apologies

File: S02194

Councillor David Armstrong tendered an apology for non-attendance (medical reasons) and requested leave of absence.

Councillor David Ossip advised he will be late for the meeting.

Resolved:

(Moved: Councillors Fornari-Orsmond/Berlioz)

That the apologies  from Councillors Armstrong and Councillor Ossip be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

Councillor Agenda Information:

GB.6 Consideration of Submissions - Planning Proposal for Areas Deferred from the KLEP 2015

Memorandum from Director Strategy & Environment dated 2 May 2017 advising Area 5 incorrectly titled ‘Jordan Avenue’ should read ‘Jordan Road’.

Councillors Information:

Minute Number 86 OMC 4 April 2017 – Requesting the Removal of a Netting Fence Surrounding Sheldon Forest

Memorandum from Director Operations dated 18 April 2017 in response a Question without Notice from Councillor Malicki.

88

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 4 April 2017

Minutes numbered 72 to 86

Resolved:

(Moved: Councillors McDonald/Szatow)

That Minutes numbered 72 to 86 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

89

Petition Regarding Lapwing Reserve, Carcoola Road St Ives - Proposal for the Erection of a Shade Structure (Thirty Eight [38] Signatures)

File: S05624

Vide: PT.1

“We, the undersigned, request council’s collaborative approach to the implementation of the playground and associated structures in this reserve continues, and that the local residents are engaged to provide input into any further construction to be carried out on site.”(Thirty Eight [38] Signatures).

We are writing to request that Council continues the strong engagement with local residents regarding the recently opened Lapwing Reserve in Carcoola Rd, St Ives. Council and the local residents have been working together for more than 20 years to enable this public open space to be conserved and then developed for the entire community to enjoy and we are very appreciative of the support we have received from everyone involved at the council throughout this time.

We, the undersigned, request council’s collaborative approach to the implementation of the playground and associated structures in this reserve continues, and that the local residents are engaged to provide input into any further construction to be carried out on site.

We had firstly been made aware via Council’s Facebook page, and subsequently through discussions with Alison Walker, Principle Landscape Architect, that there are plans for further construction to provide shade to users of the park’s slides. After seeking further details on the proposed shade structure, council has provided sail installation schematics drawings and notification of work.

We note that there was no shade structure included in the concept design for this playground when it was approved by Council. We further note that whilst a very early design noted a shade (2014 version), the residents concept plan feedback (18^th Jan 2015) listing adjustments/improvements requests to the design, signed by 27 residents, has not included the removal of the shades. The removal of the shades was not triggered by the residents, at any time.

Without any scale or dimensions, it is very difficult for the residents to provide feedback on the impact of this structure to the amenity of local neighbours. Without this perspective, the sail schematic appears to show coverage over much of the new playground area which over-delivers against the concerns raised by the few users of the park who posted feedback over lack of shade over the slide.

The sail coverage appears to be well beyond the Mayor’s declaration during the park inauguration as she was standing at the top of the two metal slides that “we are planning to install sunshade over these two slides in the next few weeks”.

We submit that the erection of a significant structure over the playground will have a direct impact on the streetscape and the amenity of local neighbours, given the Reserve’s setting amongst private houses.

We are supportive of the provision of shade directly and immediately above the slides during the hottest part of the day only. We would like to work with council to ensure the needs of the park users and local residents are met.

Resolved:

(Moved: Councillors Berlioz/Fornari-Orsmond)

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

CARRIED UNANIMOUSLY

90

Revised Delivery Program 2013 - 2017 and Draft Operational Plan 2017 - 2018

File: FY00382/9

Vide: GB.1

To place Council's revised Delivery Program 2013-2017 and draft Operational Plan 2017-2018, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2017-2018, on public exhibition.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

A.   That the revised Delivery Program 2013-2017 and draft Operational Plan 2017-2018, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2017-2018, be endorsed and placed on public exhibition for a period of twenty-eight (28) days.

B.   That following public exhibition, a further report is submitted to Council to consider any submissions, to adopt the revised Delivery Program 2013-2017 and Operational Plan 2017-2018 including Fees and Charges 2017–2018.

CARRIED UNANIMOUSLY

91

Investment Report as at 31 March 2017

File: S05273

Vide: GB.2

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

Resolved:

(Moved: Councillors McDonald/Pettett)

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

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

CARRIED UNANIMOUSLY

92

Audit and Risk Committee Membership

File: CY00458/5

Vide: GB.3

At the Council meeting of the 4 April 2017, Council resolved to extend the tenure of the current Independent members; Mr John Gordon and Mr John Bartrop for a 12 month period.

The purpose of this report is to amend this extension of the tenure to two years.

Resolved:

(Moved: Councillors McDonald/Szatow)

That Council extends the tenure of the current Independent members; Mr John Gordon and Mr John Bartrop for a further 12 month period to a total extension of 2 years.

CARRIED UNANIMOUSLY

93

9 to 15 Cherry Street, Warrawee-  Demolition of existing structures and construction of multi dwelling housing development comprising 27 townhouses, basement parking, associated landscaping and site consolidation

File: DA0019/16

Vide: GB.5

The demolition of three dwellings, construction of a multi dwelling housing development comprising 27 townhouses and including basement parking, landscaping and the consolidation of three lots into one

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

A.   THAT Council, as the consent authority, is of the opinion that the variation request submitted under Clause 4.6 of Ku-ring-gai LEP (Local Centres) 2012 to vary the minimum street frontage development standard has met the requirements of clause 4.6(4) of the Ku-ring-gai LEP (Local Centres) 2012. Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variation to the development standard.

AND

B.   THAT Council, as the consent authority, grant development consent to DA0019/16 for the demolition of three dwellings, construction of a multi dwelling development comprising 27 townhouses, including basement parking, landscaping and the consolidation of three lots into one on land at 9-15 Cherry Street, Warrawee, 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.

The conditions of consent are as follows:

Conditions that identify approved plans:

1.     Approved architectural plans and documentation (new development)

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

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

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

2.    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

3.     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.

4.    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.

5.     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 Cherry Street over the site frontage.

·   All driveway crossings and laybacks opposite the subject site.

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

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

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

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

6.     Archival recording of buildings

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

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

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

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

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

7.    Dilapidation survey and report (private property)

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

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

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

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

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

8.    Construction and traffic management plan

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

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

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

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

The report is to contain a site plan showing entry and exit points.  Swept paths are to be shown on the site plan showing access and egress for a 12.5 metre long heavy rigid vehicle and if required for demolition and excavation stages a 19.0 metre long articulated vehicle are to be shown.

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

·   demolition

·   excavation

·   concrete pour

·   construction of vehicular crossing and reinstatement of footpath

·   traffic control for vehicles reversing into or out of the site

·   pedestrian safety measures to be shown.

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

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

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

9.     Work zone

A works zone shall be provided along the site frontage to the dead end of Cherry Street. The applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.

If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.

Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.

In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.

Reason:         To ensure that appropriate measures have been made for the operation of the site during the construction phase.

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.   Tree protection fencing

To preserve the existing tree/s that are to be retained, no work shall commence until the area beneath their canopy is fenced off as shown on the following plan as amended by condition, to prevent any activities, storage or the disposal of materials within the fenced area.  The fence/s shall be maintained intact until the completion of all demolition/building work on site.

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.

Reason :        To protect existing trees during construction phase.

12.   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.

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

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

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

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

v)  The name, address, and telephone number of the developer.

Reason:         To protect existing trees during the construction phase.

13.   Tree fencing inspection

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

Reason:         To protect existing trees during the construction phase.

14.   Construction waste management plan

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Part 23 of the Ku-ring-gai Development Control Plan (Local Centres) 2016 (DCP).

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.

15.   Noise and vibration management plan

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

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

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

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

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

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

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

·   noise and vibration monitoring, reporting and response procedures

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

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

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

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

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

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

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

16.   Amended architectural plans

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved plans listed in Condition 1 above 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:

1.       The small areas of courtyard at the front of Townhouses 17, 18, 19 and 20 and the rear of Townhouses 1-4, 8-11, 14-16, 21, 25-27 are to be deleted and replaced with soft landscaping.

2.       The entrance path is to be set back approximately 2 metres from building line in front of Townhouses 5-7 as for Townhouses 1-4, allowing for a narrow planter bed along the fronts of the Townhouses similar to that provided for Townhouses 12 and 13. The southern extent of soft landscape area within the communal open space is to be enlarged as a result. An additional strip of common area planting is to be provided in front of private courtyard to Townhouses 11 and fronting the communal open space as shown to Townhouses 12 and 13.

3.       The private courtyard fencing to Townhouses 25 and 26 is to be set back along the alignment of Townhouses 21-24. The path in front of these units is to be reduced to 1.2 metres width to allow for a 400mm width planter in front of the courtyard fencing incorporating low planting.

4.       The proposed courtyards within the tree protection areas of Trees 8 and 9 are to be constructed in accordance with arborist recommendations, prepared by Elke Landscape Architect, dated 24/02/17 and Dwg Arb603/A, Elke, 24/02/17.

5.       The entrance path is to continue on the same alignment in front of Townhouses 5-7 as for Townhouses 1-4, allowing for a narrow planter bed along the fronts of the units similar to that provided for Townhouses 12 and 13.

6.       All solid masonry courtyard fencing facing the internal communal courtyard must be no higher than 1.2m.

7.       An additional strip of common area planting is to be provided in front of private courtyard to Townhouses 11 and fronting the communal open space as shown to Townhouses 12 and 13.

8.       The bike storage area is to be deleted from the front setback area within the tree protection zone of Tree 3.  The entry arbor is to be restricted to the area of ‘feature entry granite paving’ as annotated on the landscape plans.

9.       The basement plan is to indicate shoring instead of graded batters where existing trees are to be retained within the side setbacks.

10.     A water outlet is to be provided to the primary private open space (balcony or terrace) of each Townhouse, the central communal open space and visitor car parking/car wash bay space.

11.     Intercom access for visitors must be provided in a safe location within the driveway.

12.     Air conditioning condenser units are to be relocated from Townhouse balconies and located in the basement.

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

17.   Noise control measures

Prior to commencement of any works the Principal Certifying Authority shall be satisfied that the recommended noise control measures as provided for in the Noise Acoustic Report prepared by Acoustica, dated July 2016 and listed in Condition 1 as submitted with this application and that the requirements of Section F Health and Amenity Clause F4.5 Ventilation of rooms of the Building Code of Australia are met.

Note:     Plans, specifications and certifications of the proposed acoustic measures to achieve the recommendations of Noise Acoustic Report prepared by Acoustica are to be submitted for consideration and approval prior to the issue of the Construction Certificate:

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

18.   Consolidation of lots

Prior to issue of the Construction Certificate, the applicant must consolidate the existing Torrens title lots which will form the development site. Evidence of lot consolidation, in the form of a plan registered with Land and Property Information, must be submitted to the Principal Certifying Authority prior to issue a Construction Certificate.

Reason:         To ensure continuous structures will not be placed across separate titles.

19.   Visitable dwellings

Plans demonstrating compliance with Council's visitable housing requirements contained within Part 23.1 of KDCP 2015 are to be submitted to the satisfaction of the Principal Certifying Authority, prior to issue of the Construction Certificate.

A visitable dwelling is a dwelling that can be accessed by people who use wheelchairs in that there must be at least one accessible entry and accessible path of travel to the living area and to a toilet that is either accessible or visitable as defined by AS 4299.

At least 70% of dwellings within the development must be visitable.

Reason:         To ensure that the minimum number of visitable dwellings is provided within the development.

20.   Amendments to approved environmental site management plan

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved environmental site management 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 environmental site management plan(s) for Phase One and Phase Two shall be amended in the following ways:

1.       The tree protection fencing to Tree 3 is exclude the area of the existing driveway that is to be used for the proposed construction access.

2.       The tree protection fencing between Tree 3 and Tree 8 shall be extended to protect the existing Lilly Pilly hedge adjacent to the eastern / rail corridor boundary.  Accordingly, the proposed turning circle, unloading and waste recycling areas are to be set back further from the eastern boundary to ensure the protection of the hedge that is shown to be retained on the landscape plan. 

3.       All trees are to be numbered in accordance with the approved Arboricultural Assessment prepared by Angophora Consulting Arborist dated 29/07/16.

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

Note:     An amended environmental site management plan shall be submitted to the Certifying Authority.

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

21.   Amendments to approved landscape plan

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

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

1.       The landscape plans are to be amended to be consistent with the approved architectural plans contained in Condition 1 of this consent.

2.       Proposed filling to front setback in the vicinity of Townhouse 1 is not permitted and existing levels are to be retained.

3.       Existing levels are to be shown to the side setbacks within the tree protection zone of all existing trees to be retained. An additional retaining wall is to be shown along the southern edge of the proposed access path within the tree protection zone of Tree 27 and the western edge of the access path within the tree protection zone of Tree 45-49.

4.       The proposed Gleditsia in the approximate location of Tree 2 is to be substituted with a Jacaranda mimosifolia (Jacaranda).

5.       The gravel area proposed in the front setback is to be replaced by turf.

6.       The proposed planting of an Angophora between Trees 8 and 9 is to be relocated to the south-eastern corner of Townhouse 27, at least 8m from the building.

7.       Proposed planting of 8 indigenous canopy planting is to include four (4)Syncarpia glomulifera (Turpentine).

8.       The proposed planting of 7 Tristaniopsis laurina adjacent the existing Lilly Pilly hedge, located along the eastern boundary, is to be deleted.

9.       The existing Lilly Pilly hedge located along the northeastern boundary is to be accurately located. The proposed lawn area and maintenance path along the north eastern boundary is to be located on site subject to required setback to existing Lilly Pilly hedge.

10.     Proposed on slab planting over basement as indicated on the landscape plan is to provided sufficient soil depth for proposed planting.

11.     The landscape plan is to demonstrate accessible grades have been provided to the communal open space from all units.

12.     The mail box is to be of piered construction and not strip footing and the entry paving is to be constructed above grade.

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

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

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

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.   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.

26.   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, [Townhouses 21,22 and 24) are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing OR achieve a Platinum Level performance rating in accordance with the Livable Housing Guidelines.

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.

27.   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.

28.   Noise from plant in residential zone

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

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

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

29.   Location of plant (multi dwelling housing)

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

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

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

30.   Driveway crossing levels

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

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

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

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

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

31.   Driveway grades - basement carparks

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

·         vehicular access can be obtained using grades of 25% (1 in 4) maximum and

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

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

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

32.   Basement car parking details

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

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

·   a clear height clearance of 2.6 metres (Volume C Part 23.7 of the Ku-rin-gai Local Centres DCP for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement

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

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

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

33.   Car parking allocation

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

Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.

At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.

1 resident car space will need to be allocated to the visitor car space requirement given that only 6 car spaces are annotated on DA04 Basement Plan, prepared by Connor and Solomon Architects, dated 30/03/17.

Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.

Reason:       To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with federal legislation.

34.   Number of bicycle spaces

The basement car park shall be adapted to provide 28 bicycle spaces (24 in the basement and 4 adjacent to entry Arbor) in accordance with the Ku-ring-gai Development Control Plan (Local Centres) 2016. 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.   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.

36.   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.

37.   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):

38.   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.

39.   Section 94 Contributions - Centres.

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

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

The contributions specified above are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index.  Prior to payment, please contact Council directly to verify the current payable contributions.

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

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

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

40.   Road opening permit

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

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

41.   Prescribed conditions

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

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

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

Reason:         Statutory requirement.

42.   Hours of work

Demolition, 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.

43.   Approved plans to be on site

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

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

44.   Statement of compliance with Australian Standards

The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The work plans required by AS2601: 2001 shall be accompanied by a written statement from a suitably qualified person that the proposal contained in the work plan comply with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the satisfaction of the Principal Certifying Authority prior to the commencement of any works.

Reason:         To ensure compliance with the Australian Standards.

45.   Construction noise

During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with the recommendations of the approved noise and vibration management plan.

Reason:         To ensure reasonable standards of amenity to neighbouring properties.

46.   Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.

The site notice must:

·      be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted

·      display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer

·      be durable and weatherproof

·      display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice

·      be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason:         To ensure public safety and public information.

47.   Dust control

During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:

·      physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust

·      earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed

·      all materials shall be stored or stockpiled at the best locations

·      the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs

·      all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust

·      all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays

·      gates shall be closed between vehicle movements and shall be fitted with shade cloth

·      cleaning of footpaths and roadways shall be carried out daily

Reason:         To protect the environment and amenity of surrounding properties.

48.   Post-construction dilapidation report

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

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

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

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

Reason:         Management of records.

49.   Compliance with submitted geotechnical report

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

Geotechnical aspects of the development work, namely:

·      appropriate excavation method and vibration control

·      support and retention of excavated faces

·      hydro-geological considerations

must be undertaken in accordance with the recommendations of the Geotechnical Report prepared by Jeffery and Katauskas Pty Ltd Ref: 28805SYrpt dated 18 December 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.

50.   Use of road or footpath

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

Reason:         To ensure safety and amenity of the area.

51.   Guarding excavations

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

Reason:         To ensure public safety.

52.   Toilet facilities

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

Reason:        Statutory requirement.

53.   Protection of public places

If the work involved in the erection, demolition or construction of the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Any hoarding, fence or awning is to be removed when the work has been completed.

Reason:         To protect public places.

54.   Recycling of building material (general)

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

Reason:         To facilitate recycling of materials.

55.   Construction signage

All construction signs must comply with the following requirements:

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

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

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

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

·   are restricted to one such sign per property

·   do not exceed 2.5m²

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

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

56.   Maintenance period for works in public road

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

Reason:         To protect public infrastructure.

57.   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.

58.   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.

59.   Erosion control

Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifying Authority and Council officers.

Reason:         To protect the environment from erosion and sedimentation.

60.   Sydney Water Section 73 Compliance Certificate

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

Reason:         Statutory requirement.

61.   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.

62.   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 an Arboricultural Assessment prepared by Angophora Consulting Arborist dated 29/07/16 and an arborist assessment, prepared by Elke Landscape Architect, dated 20/02/17 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.

63.   Canopy/root pruning

Canopy and/or root pruning of the following tree/s shall be undertaken by an experienced Arborist/Horticulturist, with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate.  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason:         To protect the environment.

64.   Treatment of tree roots

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

Reason:         To protect existing trees.

65.   Hand excavation

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

Reason:         To protect existing trees.

66.   No storage of materials beneath trees

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

Reason:         To protect existing trees.

67.   Removal of refuse

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

Reason:         To protect the environment.

68.   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.

69.   Survey and inspection of waste collection clearance and path of travel

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:

·   ascertain the reduced level of the underside of the slab at the driveway entry,

·   certify that the level is not lower than the level shown on the approved DA plans; and

·   certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area.

·   This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab.

·   No work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area.  This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

Reason:       To ensure access will be available for Council’s contractors to collect waste from the collection point.

70.   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:

71.   Easement for waste collection

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

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

72.   Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in the relevant BASIX Certificate have been complied with.

Reason:         Statutory requirement.

73.   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.

74.   Mechanical ventilation

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

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

·        The Building Code of Australia

·        Australian Standard AS1668

·        Australian Standard AS3666 where applicable

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

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

Reason:         To protect the amenity of surrounding properties.

75.   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.

76.   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.

77.   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.

78.   Retention and re-use positive covenant

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Council’s Local Centres DCP Volume C Part 24R.8). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:         To protect the environment.

79.   Certification of drainage works

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

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

·   the minimum retention and on-site detention storage volume requirements of BASIX and Ku-ring-gai Local Centres DCP Volume C Part 24C.5 respectively, have been achieved

·   retained water is connected and available for use

·   basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Ku-ring-gai Local Centres DCP Volume C Part 24R.6

·   all grates potentially accessible by children are secured

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

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

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

Reason:         To protect the environment.

80.   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.

81.   OSD positive covenant/restriction

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Council’s Local Centres DCP Volume C Part 24R.8). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:         To protect the environment.

82.   Sydney Water Section 73 Compliance Certificate

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

Reason:         Statutory requirement.

83.   Certification of as-constructed driveway/carpark – RFB

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

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

·   the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 – 2004 “Off-Street car parking" and the Seniors Living State Environment Planning Policy in terms of minimum parking space dimensions

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

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

·   the vehicular headroom requirements of:

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

-   The Seniors Living SEPP  (as last amended) for accessible parking spaces,

-   2.6 metres height clearance for waste collection trucks (refer DCP 40) are met from the public street into and within the applicable areas of the basement carpark.

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

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

84.   Reinstatement of redundant crossings and completion of infrastructure works

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

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

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

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

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

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

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

Reason:         To protect the streetscape.

85.   Infrastructure repair

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

Reason:    To protect public infrastructure.

86.   Fire safety certificate

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

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

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

Conditions to be satisfied at all times:

87.   Outdoor lighting

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

Reason:         To protect the amenity of surrounding properties.

88.   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.

89.   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.

Integrated referral conditions

90.   Sydney Trains concurrence conditions

a.       Prior to the issue of a Construction Certificate the Applicant shall submit to Sydney Trains for approval certification the following items:

a.       Final Geotechnical Report

b.       Final detailed Structural report/drawings

c.       Construction methodology with details pertaining to structural support during excavation.

d.       Final cross sectional drawings showing ground surface, rail tracks, sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the Rail Corridor.

e.       Detailed Survey Plan showing the relationship of the proposed development with respect to RailCorp's land and infrastructure.

f.       If required by Sydney Trains, an FE analysis which assesses the different stages of loading unloading of the site and its effect on the rock mass surrounding the rail corridor.

g.       Final Drainage details consistent with Concept Storm water Management Ground Plan (Drawing No. H04/P5 dated 29/11/16) prepared by AJ Whipps Consulting Group.

b.       If required by Sydney Trains, prior to the commencement of works, prior to the issue of the Occupation Certificate, or at any time during the excavation and construction period deemed necessary by Sydney Trains, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by Sydney Trains.

c.       Prior to the issue of a Construction Certificate, the Applicant shall provide an accurate survey locating the development with respect to the rail boundary and rail infrastructure. This work is to be undertaken by a registered surveyor, to the satisfaction of Sydney Trains representative.

d.       Given the possible likelihood of objects being dropped, thrown or blown onto the rail corridor from balconies, windows and other external features (e.g. roof terraces and external fire escapes) that face the rail corridor, the Applicant is required to install measures (e.g. awning windows, louvres, enclosed balconies etc.) which prevent the throwing of objects onto the rail corridor. The Principal Certifying Authority shall not issue the Construction Certificate until it has confirmed that these measures are to be installed and have been indicated on the Construction Drawings.

e.       Prior to the issue of a Construction Certificate, the Applicant is to provide Sydney Trains with a report from a qualified structural engineer demonstrating that the structural design of the development satisfies the requirements of AS5100. The Principal Certifying Authority shall not issue the Construction Certificate until it has received written confirmation from Sydney Trains that it has received this report and the Principal Certifying Authority has also confirmed that the measures recommended in engineers report have been indicated on the Construction Drawings.

f.       Prior to the issue of a Construction Certificate the Applicant is to submit to Sydney Trains the demolition, excavation and construction methodology and staging for review and endorsement. The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

g.       An acoustic assessment is to be submitted to Council prior to the issue of a construction certificate demonstrating how the proposed development will comply with the Department of Planning's document titled "Development Near Rail Corridors and Busy Roads- Interim Guidelines".

h.       Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

i.        The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Sydney Trains. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

j.        If required by Sydney Trains, prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

k.       No metal ladders, tapes and plant/machinery, or conductive material are to be used within 6 horizontal metres of any live electrical equipment. This applies to the train pantographs and 1500V catenary, contact and pull-off wires of the adjacent tracks, and to any high voltage aerial supplies within or adjacent to the rail corridor.

l.        Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all crane age and other aerial operations for the development and must comply with all Sydney Trains requirements. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

m.     If required by Sydney Trains, a track monitoring plan (including instrumentation and the monitoring regime during excavation and construction phases) is to be submitted to Sydney Trains for review and endorsement prior to the issuing of a Construction Certificate. The Principal Certifying Authority is not to issue a Construction Certificate until written confirmation has been received from Sydney Trains advising of the need to undertake the track monitoring plan, and if required, that it has been endorsed.

n.       Unless advised by Sydney Trains in writing, all excavation, shoring and piling works within 25m of the rail corridor are to be supervised by a geotechnical engineer experienced with such excavation projects.

o.       No rock anchors/bolts are to be installed into Sydney Trains property or easements.

p.       Prior to the issuing of an Occupation Certificate the Applicant is to submit as-built drawings to Sydney Trains and Council. The as-built drawings are to be endorsed by a Registered Surveyor confirming that there has been no encroachment into Sydney Trains property or easements, unless agreed to be these authorities. The Principal Certifying Authority is not to issue the final Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

q.       Prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Rail Corridor Management Group to determine the need for public liability insurance cover. If insurance cover is deemed necessary this insurance be for sum as determined by Sydney Trains and shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure. The Applicant is to contact Sydney Trains Rail Corridor Management Group to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

r.       Prior to the issue of a Construction Certificate the Applicant is to contact Sydney Trains Rail Corridor Management Group to determine the need for the lodgement of a Bond or Bank Guarantee for the duration of the works. The Bond/Bank Guarantee shall be for the sum determined by Sydney Trains. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written advice from Sydney Trains confirming the lodgement of this Bond/Bank Guarantee.

s.       Sydney Trains or Transport for NSW (TfNSW), and persons authorised by those entities for the purpose of this condition, are entitled to inspect the site of the development and all structures to enable it to consider whether those structures have been or are being constructed and maintained in accordance with the approved plans and these conditions of consent, on giving reasonable notice to the principal contractor for the development or the owner or occupier of the part of the site to which access is sought.

t.       Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. If required by Sydney Trains, the Applicant must amend the plan showing all craneage and other aerial operations to comply with all Sydney Trains requirements. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

u.       Copies of any certificates, drawings, approval/certification or documents endorsed by, given to or issued by Sydney Trains must be submitted to Council for its records prior to the issuing of a Construction Certificate.

v.       The Applicant must provide a plan of how future maintenance of the development facing the rail corridor is to be undertaken. The maintenance plan is to be submitted to Sydney Trains prior to the issuing of the Occupancy Certificate. The Principal Certifying Authority shall not issue an Occupation Certificate until written confirmation has been received from Sydney Trains advising that the maintenance plan has been prepared to its satisfaction.

w.      No scaffolding is to be used within 6 horizontal metres of the rail corridor unless prior written approval has been obtained from Sydney Trains. To obtain approval the applicant will be required to submit details of the scaffolding, the means of erecting and securing this scaffolding, the material to be used, and the type of screening to be installed to prevent objects falling onto the rail corridor.

x.       The' following items are to be submitted to Sydney Trains for review and endorsement prior to the issuing of a Construction Certificate:

·   Machinery to be used during excavation/construction.

y.       The Principal Certifying Authority is not to issue the Construction Certificate until it has received written confirmation from Sydney Trains that this condition has been complied with.

z.       Prior to the commencement of works appropriate fencing/hoarding is to be in place along the rail corridor/station to prevent unauthorised access to the rail corridor during works. Details of the type of fencing and the method of erection are to be to the satisfaction of Sydney Trains prior to the fencing/hoarding work being undertaken.

aa.     The Applicant shall have appropriate fencing fit for the future usage of the development site to prevent unauthorised access to the rail corridor by future occupants of the development. Prior to the issuing of an Occupation Certificate the Applicant shall liaise with Sydney Trains regarding the adequacy of any existing fencing along the rail corridor boundary. Details of the type of new fencing to be installed and the method of erection are to be to the satisfaction of Sydney Trains prior to the fencing work being undertaken.

bb.     Any conditions issued as part of Sydney Trains approval/certification of any documentation for compliance with the Sydney Trains conditions of consent, those approval/certification conditions will also form part of the consent conditions that the Applicant is required to comply with.

Reason:       Statutory requirement.

CARRIED UNANIMOUSLY

94

24 Cowan Road St Ives - Demolition of Existing Structures and Construction of  a Multi-Dwelling Development Comprising Six Villas and Two Town-Houses, Parking and Associated Landscaping

File: DA0289/16

Vide: GB.4

To determine Development Application No. DA0289/16 which seeks consent for the demolition of the existing structures and construction of a multi-dwelling development comprising six villas and two town-houses, parking and associated landscaping.

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

J Duncan

Resolved:

(Moved: Councillors Berlioz/Szatow)

A.         THAT Council, as the consent authority, is of the opinion that the variation request submitted under Clause 4.6 of Ku-ring-gai LEP (Local Centres) 2012 to vary the minimum street frontage development standard has met the requirements of clause 4.6(4) of the Ku-ring-gai LEP (Local Centres) 2012. Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variation to the development standard.

AND

B.         THAT Council, as the consent authority, grant development consent to DA0289/16 for the demolition of the existing structures and construction of a multi-dwelling development comprising six villas and two town-houses, parking and associated landscaping on land at 24 Cowan Road, St Ives, 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.

3.     Approved landscape plans

Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

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

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

4.     Asbestos works

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

Reason:         To ensure public safety.

5.     Notice of commencement

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

Reason:         Statutory requirement.

6.     Notification of builder’s details

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

Reason:         Statutory requirement.

7.     Dilapidation survey and report (public infrastructure)

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

Public infrastructure

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

·      All driveway crossings and laybacks opposite the subject site.

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

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

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

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

8.     Dilapidation survey and report (private property)

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

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

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

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

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

9.     Construction and traffic management plan

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

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

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

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

The report is to contain a site plan showing entry and exit points. For tree protection purposes, the use of the existing driveway and crossing for construction access is required. Swept paths are to be shown on the site plan showing access and egress for a 12.5 metre long heavy rigid vehicle and if required for demolition and excavation stages a 19.0 metre long articulated vehicle are to be shown. Construction vehicles for all stages of the development should be able to turn into the site without crossing the median strip in Cowan Road.

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

·      demolition

·      excavation

·      concrete pour

·      construction of vehicular crossing and reinstatement of footpath

·      traffic control for vehicles reversing into or out of the site

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

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

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

10.   Work zone

A works zone shall be provided along the site frontage. The applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.

If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.

Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.

In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.

Reason:         To ensure that appropriate measures have been made for the operation of the site during the construction phase.

11.   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.

12.   Erosion and drainage management

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

Reason:         To preserve and enhance the natural environment.

13.   Tree protection fencing

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

Reason:         To protect existing trees during the construction phase.

14.   Tree protective fencing type galvanised mesh

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

Reason:       To protect existing trees during construction phase.

15.   Tree protection signage

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

Tree protection zone.

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

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

(iii)     The arborist's report shall provide proof that no other alternative is available.

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

(v)      The name, address, and telephone number of the developer.

Reason:         To protect existing trees during the construction phase.

16.   Tree protection mulching

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

Reason:         To protect existing trees during the construction phase.

17.   Tree protection - avoiding soil compaction

To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) beneath the canopy of the following tree/s is/are installed if ANY vehicular access is required or repeated pedestrian access is necessary:

Reason:         To protect existing trees during the construction phase.

18.   Tree fencing inspection

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

Reason:         To protect existing trees during the construction phase.

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

19.   Skylights

Prior to the issue of the Construction Certificate, the skylights to living rooms shown on the architectural plans are to be amended to include the installation of summer shade protection and the skylight in the 2^nd floor lobby is to be an operable/ventilated type with summer shade protection.

Reason:       To ensure appropriate internal amenity.

20.   Amendments to approved landscape plan

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

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

(i)       The proposed stepping stone paths on each side of the development shall be continued and connected through the rear communal open space.

(ii)      The proposed side gates and fences between the building and side boundaries within the northern and southern side setbacks shall be deleted to ensure free access to the rear communal open space.

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

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

Reason:       To ensure adequate landscaping of the site.

21.   Long service levy

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

Reason:         Statutory requirement.

22.   Builder’s indemnity insurance

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

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

Reason:         Statutory requirement.

23.   Outdoor lighting

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

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

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

24.   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.

25.   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.

26.   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, [Villa 4], 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.

27.   Location of plant (multi-dwelling developments)

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

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

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

28.   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.

29.   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.

30.   Basement car parking details

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

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

·           a clear height clearance of 2.6 metres (Volume C Part 3.4 of the Local Centres DCP for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement

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

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

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

31.   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.

32.   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.

33.   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):

34.   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.

35.   Section 94 Contributions - Centres.

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

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

The contributions specified above are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index.  Prior to payment, please contact Council directly to verify the current payable contributions.

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

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

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

36.   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.

37.   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:

(i)       The work must be carried out in accordance with the requirements of the Building Code of Australia.

(ii)      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.

38.   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.

39.   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.

40.   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.

41.   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.

42.   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.

43.   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.

44.   Post-construction dilapidation report

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

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

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

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

Reason:         Management of records.

45.   Compliance with submitted geotechnical report

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

Geotechnical aspects of the development work, namely:

·           appropriate excavation method and vibration control

·           support and retention of excavated faces

·           hydro-geological considerations

must be undertaken in accordance with the recommendations of the Geotechnical Investigation prepared by SMEC Testing Services Pty Ltd dated February 2014. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Reason:         To ensure the safety and protection of property.

46.   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.

47.   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.

48.   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.

49.   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.

50.   Recycling of building material (general)

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

Reason:         To facilitate recycling of materials.

51.   Construction signage

All construction signs must comply with the following requirements:

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

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

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

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

·      are restricted to one such sign per property

·      do not exceed 2.5m²

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

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

52.   Maintenance period for works in public road

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

Reason:         To protect public infrastructure.

53.   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.

54.   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.

55.   Erosion control

Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifying Authority and Council officers.

Reason:         To protect the environment from erosion and sedimentation.

56.   Drainage to interallotment easement

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped and connected to the interallotment stormwater drainage line benefiting the site. The interallotment line must be covered by the necessary easement for drainage which may exist or need to be created under this consent.

Reason:         To protect the environment.

57.   Sydney Water Section 73 Compliance Certificate

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

Reason:         Statutory requirement.

58.   Arborist’s report

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

Reason:         To ensure protection of existing trees.

59.   Treatment of tree roots

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

Reason:         To protect existing trees.

60.   Cutting of tree roots

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

Reason:         To protect existing trees.

61.   Approved tree works

Approval is given for the following works to be undertaken to trees on the site:

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Tree Preservation Order.

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

62.   Hand excavation

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

Reason:         To protect existing trees.

63.   Thrust boring/directional drilling

Excavation for the installation of any services within the specified distance 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.

64.   No storage of materials beneath trees

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

Reason:         To protect existing trees.

65.   Removal of refuse

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

Reason:         To protect the environment.

66.   Canopy replenishment trees to be planted

The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order.  Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.

Reason:         To maintain the treed character of the area.

67.   Survey and inspection of waste collection clearance and path of travel

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:

·      ascertain the reduced level of the underside of the slab at the driveway entry,

·      certify that the level is not lower than the level shown on the approved DA plans; and

·      certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area.

·      This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab.

·      No work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area.  This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

Reason:       To ensure access will be available for Council’s contractors to collect waste from the collection point.

68.   On site retention of waste dockets

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

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

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

Reason:       To protect the environment.

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

69.   Easement for waste collection

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

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

70.   Golf buggy trailer storage

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that the "golf buggy trailer storage" areas notated on the plans are included in the titling of the dwellings to ensure that the future use is as described and cannot be used for the parking of motor vehicles.

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

71.   Private open space

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that the line of the private open space to Villas 1 and 2, defined by a fence at lawn level, is included in the titling of the dwellings.

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

72.   Provision of copy of OSD designs if Council is not the PCA

Prior to the issue of the Occupation Certificate, the following must be provided to Council’s Development Engineer:

(i)       A copy of the approved Construction Certificate stormwater detention/retention design for the site

(ii)      A copy of any works-as-executed drawings required by this consent

(iii)     The Engineer’s certification of the as-built system.

Reason:       For Council to maintain its database of as-constructed on-site stormwater detention systems.

73.   Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. 736371M and dated 15 June 2016 have been complied with.

Reason:         Statutory requirement.

74.   Completion of landscape works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.

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

75.   Retention and re-use positive covenant

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Council’s Local Centres DCP Volume C Part4R.9). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:         To protect the environment.

76.   Certification of drainage works

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

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

·      the minimum retention and on-site detention storage volume requirements of BASIX and Council’s Local Centres DCP Volume C Part 4B.5 respectively, have been achieved

·      retained water is connected and available for use

·      basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Council’s Local Centres DCP Volume C Part 4R.6

·      all grates potentially accessible by children are secured

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

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

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

Reason:         To protect the environment.

77.   WAE plans for stormwater management and disposal (dual occupancy and

        above)

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

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

·      gradients of drainage lines, materials and dimensions

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

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

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

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

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

·      dimensions of the discharge control pit and access grates

·      the maximum depth of storage possible over the outlet control

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

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

Reason:         To protect the environment.

78.   Basement pump-out maintenance

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

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

Reason:         To protect the environment.

79.   OSD positive covenant/restriction

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Council’s Local Centres DCP Volume C Part4R.9). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the 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.

80.   Easement drainage line construction

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

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

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

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

Reason:         To protect the environment.

81.   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.

82.   Certification of as-constructed driveway/carpark - RFB

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

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

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

·      the temporary service / car wash space is signposted

·      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.

83.   Reinstatement of redundant crossings and completion of infrastructure

        works

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

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

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

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

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

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

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

Reason:         To protect the streetscape.

84.   Infrastructure repair

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

Reason:         To protect public infrastructure.

85.   Fire safety certificate

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

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

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

Conditions to be satisfied at all times:

86.   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.

87.   Annual Fire Safety Statement

Each 12 months after the installation of essential fire or other safety measures, the owner of a building must cause the Council to be given an Annual Fire Safety Statement for the building. In addition a copy of the statement must be given to the NSW Fire Commissioner and a copy displayed prominently in the building.

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

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

Against the Resolution:         Councillors Berlioz and Szatow

95

Consideration of Submissions - Planning Proposal for Areas Deferred from the KLEP 2015

File: S11313

Vide: GB.6

For Council to consider the submissions received in response to the exhibition of the Planning Proposal for areas deferred from the KLEP 2015.

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

F Martin

M Boldvan

W Knowles

J Martyn

R Martyn

P Carlson

D White

C Chiu

A Gatome

Resolved:

(Moved: Councillors Malicki/Berlioz)

A.   That Council adopts the Planning Proposal for Areas Deferred from the Ku-ring-gai Local Environmental Plan 2015 subject to the following amendments:

i.    maps be amended to remove the development standards from the following properties:

a.   420 Bobbin Head Road, North Turramurra – Lot 102 DP1134640 – remove HOB and FSR;

b.   22 St Columbans Green, North Turramurra – Lot 101 DP1134640 – remove HOB and FSR;

c.   410-412 Bobbin Head Road, North Turramurra – Lots 1-7 DP211722 and Lot 3 DP506214 – remove HOB and FSR;

d.   61 Miowera Road, North Turramurra – Part of Lot 323 DP752031 – remove HOB;

e.   118A Koola Avenue, East Killara – Lot 17 DP241746 – remove HOB, FSR and LSZ.

ii.       the Minimum Lot Size map be amended to include mapping of U2 – 1500 over Lot 1 DP585454.

iii.      Lot A DP386703 (part of Killara High School) be amended to SP2 Educational Establishment zoning, consistent with the zoning applying to the rest of the school site.

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.

CARRIED UNANIMOUSLY

The above Motion was subject to an Amendment

(Moved: Councillor Szatow)

That East Killara, with the exception of those properties that are different, be rezoned to E3 instead of E4.

The Amendment lapsed for want of a Seconder.

A new Motion was proposed:

(Moved: Councillor Citer)

That the Council corresponds with Fire and Rescue NSW as to the planning proposal for the KLEP, and that Council receive a response before consideration of this proposal.

The new Motion lapsed for want of a Seconder

The Original Motion was:

 (Moved: Councillors Citer/Malicki)

A.   That Council adopts the Planning Proposal for Areas Deferred from the Ku-ring-gai Local Environmental Plan 2015 subject to the following amendments:

i.    maps be amended to remove the development standards from the following properties:

a.   420 Bobbin Head Road, North Turramurra – Lot 102 DP1134640 – remove HOB and FSR;

b.   22 St Columbans Green, North Turramurra – Lot 101 DP1134640 – remove HOB and FSR;

c.   410-412 Bobbin Head Road, North Turramurra – Lots 1-7 DP211722 and Lot 3 DP506214 – remove HOB and FSR;

d.   61 Miowera Road, North Turramurra – Part of Lot 323 DP752031 – remove HOB;

e.   118A Koola Avenue, East Killara – Lot 17 DP241746 – remove HOB, FSR and LSZ.

ii.       the Minimum Lot Size map be amended to include mapping of U2 – 1500 over Lot 1 DP585454.

iii.      Lot A DP386703 (part of Killara High School) be amended to SP2 Educational Establishment zoning, consistent with the zoning applying to the rest of the school site.

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.

The above original Motion was withdrawn by Councillor Citer.

96

Stanhope Road Killara - "Avenue of Trees"

File: S05318/10

Vide: NM.1

Notice of Motion from Councillor Szatow dated 24 April 2017

Council support the nomination of Stanhope Road Killara’s “Avenue of Trees” for inclusion on the National Trust Register of Significant Trees.

The nomination has been made by concerned residents who value this unparalleled street canopy, a defining element of Killara – one of Australia’s finest early 1900’s Federation and Garden Suburbs.

The avenue of trees contributes significantly to this Heritage Conservation Area and the combined effect of the figs and brushbox is a unique aesthetic that is not seen to this level of maturity elsewhere. Together they create a 325 metre long green street canopy and combine with the adjacent heritage federation homes to create an iconic spectacle.  A 1943 aerial view of Stanhope Road reveals these plantings showing some canopy cover, indicating an earlier planting. A conservative estimate would place these trees as being some 80 years old.

Moreover the trees are in danger of decimation, owing largely, although not entirely, to the excessive pruning by Ausgrid which has caused significant changes to their growth patterns. Residents have been alarmed at the letters they have received from Council, which have stated that trees need to be removed. Residents are very concerned that these trees do not appear to be protected by a TPO or the fact they are in a Heritage Conservation Area, and there has been no arborist report to show the trees are dangerous.

By supporting this Motion, Council ensures that The National Trust’s Significant Trees Committee can assess the trees against nationally agreed criteria. The nomination, if successful, will ensure that Ausgrid (monitored by Council) and Council itself have a plan of management to ensure their long term survival.

To date, approximately 20% of these trees have been lost and Stanhope Road cannot afford to lose any more or this iconic “Tree Avenue” will cease to exist.

We have lost so many of our important trees which have been removed to make way for developments, that it would be a tragedy not to move to protect this grand formal avenue which is Stanhope Road - home to no fewer than nine individually listed heritage homes – where street  trees and architecture complement one another in such an aesthetically pleasing way.

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

A Sweeny

Resolved:

(Moved: Councillors Szatow/McDonald)

A.      That Council supports a nomination by the residents to the National Trust of this avenue of trees between the Pacific Highway and Culworth Avenue Killara.

B.     That an arborists report,  detailing in particular whether the trees at 19a and 13 Stanhope Road Killara can be saved, come back to council within one month.

C.     That a report on the merits of recommending significant trees in the Ku-ring-gai area to the National Trust for the tree register be provided.

D.     That a report on the costs of aerial bundling in Stanhope Road Killara (or part thereof) be brought back to Council.

CARRIED UNANIMOUSLY

97

Child-Care Centre at 24 Bayswater Road Lindfield

File: DA0346/16

Vide: BN.1

Councillor D Citer drew Council’s attention to consideration of urgency for a matter pertaining to the development of a childcare centre at 24 Bayswater Road Lindfield which is currently before the Land and Environment Court.

He believed there are reasons whereby it should be addressed urgently.

Resolved:

A Motion moved by Councillor Citer to have the matter dealt with at the meeting was LOST

For the Urgency:                    Councillor Citer

Against the Urgency:             The Mayor, Councillor Anderson, Councillors, McDonald, Pettett, Malicki, Berlioz, Szatow, and Ossip

The Mayor, Councillor Jennifer Anderson ruled against urgency.

98

Better traffic management Boomerang Street/Brentwood Avenue/Turramurra Avenue intersection

File: TM10/01

Vide: QN.1

Question Without Notice from Councillor Duncan McDonald.

Has the Traffic Committee now included the analysis of the intersection of Boomerang Street/Brentwood Avenue/Turramurra Avenue for a better traffic management system?

Answered by Director Operations

Director Operations advised he would take the question on notice.

99

Process for objectors and staff to meet regarding DA0346/16 Childcare Centre Bayswater Road Lindfield

File: DA0346/16

Vide: QN.2

Question Without Notice from Councillor Christiane Berlioz

Resolved:

(What is the process for the objectors to the Bayswater Road Childcare Centre DA0346/16 to obtain a meeting with staff to discuss their points of contention before the next Council meeting?

Answered by Corporate Lawyer

The Corporate Lawyer advised there have been submissions received from residents in relation to the original and amended proposal.  There have been meetings between Council representatives and the residents and their representatives on more than one occasion in these proceedings.

Utility of a further meeting is perhaps not clear, we haven’t been provided with any explanation of the purpose for which a meeting is sought.

Councillor Berlioz

The purpose would be to discuss their points of contention with a view to understanding better whether Council can take some of these points on or not, or to discuss the whole matter with Council to find out where they stand with regards to points of contention they referred to in their speeches to Council earlier today.

100

Reimbursement of Court Costs relating to Council Mergers

File: S09638

Vide: QN.3

Question Without Notice from Councillor Christiane Berlioz

What is the process and expected timeframe for reimbursement of court costs resulting from Council’s successful appeal in the Supreme Court against mergers?

Answered by Corporate Lawyer

The Corporate Lawyer advised we have recently passed the time for which any application can be made to the High Court. But, we have this week written to the Crown with some information as to what our costs incurred have been and I anticipate there will be some discussion and correspondence with the Crown seeking to agree on the amount of costs.

If the agreement isn’t successful then the Court has a costs assessments process that can determine the amount of costs and that can take some time. So it is preferable to seek agreement initially and the timeframe is a bit hard to say.

101

Timeframe for Lodging an Appeal against the Aged Care Facility in Bushlands Avenue

File: DA0418/15

Vide: QN.4

Question Without Notice from Councillor David Citer

Would there be time for Council to lodge a submission on the development for the aged persons housing that is currently before the Northern Regional Planning Panel for Bushlands Avenue Gordon?

Answered by Director Development and Regulation

The Director Development and Regulation advised timeframe for submissions has long gone. In terms of what our DCP describes, however, that does not necessarily preclude Council from making a late submission.

Ordinary Meeting of Council - 23 May 2017

GB.1 / 84

Item GB.1

S05273

8 May 2017

purpose of report:

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

background:

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

comments:

The net return on investments for the financial year to April 2017 was $3,732,000 against a revised budget of $3,467,000 giving a YTD favourable variance of $265,000.

recommendation:

That the summary of investments performance for April 2017 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted. 

Recommendation:

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

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1⇩

Investments definitions specific to Council’s investment portfolio

2016/124274

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

Item No: GB.1

Ordinary Meeting of Council - 23 May 2017

GB.2 / 92

Item GB.2

S05273

10 May 2017

purpose of report:

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 March 2017.

background:

A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused.  An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders

comments:

For the nine months ended 31 March 2017, Council’s legal and associated payments in relation to the Land and Environment Court were $685,204. This compares with the annual budget of $1,063,600.

recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 31 March 2017 be received and noted.

Financial year

Number of appeals received (whole year)

2012/2013

25

2013/2014

16

2014/2015

31

2015/2016

38

2016/2017 (as at 31 Mar 2017)

33

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 31 March 2017 be received and noted.

Tony Ly

Financial Accounting Officer

Jamie Taylor

Corporate Lawyer

David Marshall

Director Corporate

Michael Miocic

Director Development & Regulation

Attachments:

A1⇩

Individual Case Summary March 2017 - Land and Environment Court Costs

2017/127190

APPENDIX No: 1 - Individual Case Summary March 2017 - Land and Environment Court Costs

Item No: GB.2

Ordinary Meeting of Council - 23 May 2017

GB.3 / 110

Item GB.3

S09112/6

12 April 2017

purpose of report:

To inform Council of the results of the 3^rd 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 March 2017.     

background:

Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current (2016/17) financial year.

comments:

Budget adjustments proposed in this review will increase the forecast operating surplus (including capital items) by $202k compared to revised budget.  This is primarily due to increased user fees and operational grants partly offset by increases in expenditure, as well as reclassification and deferral of operational project expenditure.  When excluding capital income, the net operating result will increase by $197k.

The forecast working capital balance at 30 June 2017 will remain unchanged at $4.66m.

recommendation:

That Council receive and note the March 2017 Quarterly Budget Review and that the recommended changes to the 2016/17 budget be adopted.   

Recommendation:

That Council receive and note the March 2017 Quarterly Budget Review and adopt the recommended changes to the 2016/17 budget.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1⇩

Attachment A1 - Restricted Assets Report - March 2017

2017/127825

A2⇩

Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - March 2017

2017/128305

APPENDIX No: 1 - Attachment A1 - Restricted Assets Report - March 2017

Item No: GB.3

APPENDIX No: 2 - Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - March 2017

Item No: GB.3

Ordinary Meeting of Council - 23 May 2017

GB.4 / 145

Item GB.4

FY00592

9 May 2017