Ordinary Meeting of Council
TO BE HELD ON Tuesday, 10 December 2013 AT 7.00pm
Level 3 Council Chambers
Agenda
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BOOK 1
NOTE: For Full Details, See Council’s Website –
www.kmc.nsw.gov.au under the link to business papers
DECLARATIONS OF INTEREST
Confirmation of Reports to be Considered in Closed Meeting
NOTE:
That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of confidential attachments to the following General Business reports:
GB.12 St Ives Shopping Village
Attachment 2: Sparke Helmore legal advice dated 9 July 2013
GB.13 910 Pacific Highway, Gordon - Public Car Park
Attachment 3: Corporeal Valuation - 904-914 Pacific Highway, Gordon
Attachment 4: Lease Financials - 910 Pacific Highway
GB.19 Lindfield Village Green - Tryon Road - Project Update
Attachment 3: Lindfield Village Green - Road Closure Process – Legal Advice
Address the Council
NOTE: Persons who address the Council should be aware that their address will be tape recorded.
Documents Circulated to Councillors
CONFIRMATION OF MINUTEs
Minutes of Ordinary Meeting of Council 10
File: S02131
Meeting held 26 November 2013
Minutes numbered 357 to 379
minutes from the Mayor
MM.1 VALE Eric Ralphs 113
File: CY00455
On behalf of Ku-ring-gai Council I would like to pay tribute to the life of Eric Ralphs, who sadly passed away on Tuesday 24 September 2013, aged 76.
Eric was born at North Shore hospital in 1937 and spent his early years living in “The Gums”, Catalpa Crescent, Turramurra. His parents were both migrants from England and Eric was the eldest of six children. He went to kindy at St Pauls Church in Wahroonga and in 1943 he attended Warrawee Public School.
In 1947 the family moved to Carcoar. Eric moved back to Sydney in 1954 to work as an engineering cadet with the Metropolitan Water Board.
Eric started his army career with National Service in 1956 - it was through the army reserve that he met his wife Patricia and they were married in 1963. They had two children, David and Fiona.
Eric left the Water Board and went to work as an engineer at Mosman Council in 1960. Then, on 6 December 1976, he started his career at Ku-ring-gai Council as the Investigations Engineer.
Highlights of his long and illustrious career include:
· The Freedom of Entry to the 17th Battalion Royal New South Wales Regiment, to mark the Council’s golden jubilee as a municipality in 1978.
· His appointment as liaison officer for Ku-ring-gai SES from 1983.
· In 1988 Eric was appointed Local Emergency Management Officer which was his position during the notorious storm of 1991 – a storm so ferocious there were hail stones the size of tennis balls!
· In 2000 he took long service leave to work as Tournament Director for Hockey at the Sydney Olympics
Eric finished at the Council on 22nd January 2001. This was the 10th anniversary of the big storm – a memorable day to leave.
Eric had a long military career including National Service and he received several awards including:
· the Reserve Force Decoration with two bars
· the Australian Active Service Medal
· the Vietnam Logistic and Support Medal.
· the Australian Efficiency Decoration
· the Australian Defence Medal and the Anniversary of National Service medal. He also won the Australian Sports Medal.
To say Eric was active in retirement is an understatement! He spent his days travelling, playing bridge, joining several committees such as the Forestville RSL, University of NSW Regimental Association, the Sapper’s Association, Reserve Forces Day Council.
Eric was also a board member of Hockey NSW, volunteered as a tour guide at the National Artillery Museum at North Head, as well as being a keen cricket fan, family history researcher and a very involved grandfather to Sarah.
On behalf of Ku-ring-gai Council, I would like to pay tribute to Eric Ralph’s life and send our sincere condolences to his family.
MM.2 Vale Peter Wem 115
File: CY00455
On behalf of Ku-ring-gai Council I would like to pay tribute to the life of Peter Wem who tragically died in a horrific traffic accident on Tuesday, 1 October 2013, aged 73.
Formerly of Middlesbrough, England, Peter has been described as a life loving person who would do anything for his family and friends.
Peter was a registered bush care volunteer from Feb 2000 and was very active, looking after the bushland near his home in Hartley Close, Turramurra.
He was also on the Bushland Advisory Committee at Ku-ring-gai Council in the late 1990s early 2000s when he worked for DLWC. He was also very active in the local Scouts.
Peter left behind his wife Margaret, siblings Olga and Jim, sons Andrew, Graeme and Owen. He was also the proud grandfather of five grandchildren who must be missing him dreadfully.
On behalf of Ku-ring-gai Council I would like to pay tribute to Peter Wem’s life and send our sincere condolences to his family.
Petitions
Recommendations from Committee
RC.1 Minutes of Ku-ring-gai Traffic Committee 116
File: CY00022/5
Meeting held 28 November 2013
Minutes numbered KTC12 to KTC16.
GENERAL BUSINESS
i. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.
ii. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.
GB.1 Code of Conduct - Complaint Statistics 122
File: S08447
To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – March 2013.
Recommendation:
That the contents of this report be received and noted, and that the statistics contained in this report be provided to the Division of Local Government in accordance with clause 12.2 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – March 2013.
GB.2 Marian Street Theatre - Strategic Management Options and Building Safety Requirements 127
File: S06620/3
For Council to undertake immediate upgrades to the Marian Street Theatre to ensure the safety of users and patrons of the theatre, and for Council to consider future management model recommendations for the theatre.
Recommendation:
That Council close the Marian Street Theatre immediately to undertake urgent lighting, electrical and other associated upgrades, and that Council adopt a Direct Management Model for the Marian Street Theatre. A report will come to Council in early 2014 with further details about the management model and funding strategies for future works at the theatre.
GB.3 Local Government NSW Tourism Conference 2014 176
File: S09601
To advise Council of the Local Government NSW (LGNSW) 2014 Tourism Conference.
Recommendation:
That any Councillors interested in attending the LGNSW 2014 Tourism Conference advise the General Manager by 20 December 2013.
GB.4 Licence to St Ives Football Club Inc - New Warrimoo Oval Clubhouse 182
File: S07489
For Council to approve a 5 year licence to the St Ives Football Club Inc (The Club) for the new Warrimoo clubhouse facility at Warrimoo Oval, St Ives.
Recommendation:
That Council approve the granting of a 5 year licence to St Ives Football Club Inc to use the new clubhouse facility at Warrimoo Oval, St Ives.
GB.5 Review of Council's Investment Policy - 2013 189
File: S05273
To review Council's Investment Policy and recommend the adoption of a revised policy.
Recommendation:
That Council adopts the revised Investment Policy.
GB.6 Analysis of Land and Environment Court Costs - 1st Quarter 2013 to 2014 204
File: S05273
To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2013.
Recommendation:
That the analysis of Land and Environment Court costs for the quarter ended 30 September 2013 be received and noted.
GB.7 Christmas/New Year Recess Delegations 2013/2014 212
File: CY00259/5
To grant appropriate Delegations during the Christmas/New Year recess period for 2013/2014.
Recommendation:
The appropriate Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2013/2014.
GB.8 Review of Council Committees 216
File: S02080
To provide recommendations on Council’s Committee structure following consideration at the Councillor Workshop in November 2013.
Recommendation:
That Council reinstate the Heritage Reference Committee with meetings to recommence in 2014 and that Council elect two (2) Councillors to the Heritage Reference Committee, one being the Chairperson and one being the Deputy Chairperson and that Council call Expressions of Interest for external members of the Heritage Reference Committee and report back to Council and that Council hold bi-annual forums for the Environment/Bushland and Sporting Groups to commence in 2014.
GB.9 12 and 14 Cecil Street, Gordon. Retention and Modification of the Existing Heritage-listed Dwellings, Construction of a Five Storey Residential Flat Building containing 37 Apartments over Two Levels of Basement Car Parking 221
File: DA0094/13
Ward: Gordon
Applicant: Mackenzie Architects International
Owner: Mr Scott Ruhfus, Ms Marilyn Fae Braine, Ms Donna Jean McIntosh
Retention and modification of the existing heritage listed dwellings and construction of a five storey residential flat building containing 37 apartments over two levels of basement car parking.
Recommendation:
Approval.
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Please see Agenda Supplementary 10 December 2013 for html document and
Agenda Supplementary 10 December 2013 for pdf document for the
following reports and attachments
GB.10 Planning Proposal to include 'Hardware and Building Supplies' in the B7 Zone under the KPSO
GB.11 Heritage Assessment of Former 3M building at 950 Pacific Highway, Pymble
GB.12 St Ives Shopping Village
GB.13 910 Pacific Highway, Gordon - Public Car Park
GB.14 828 Pacific Highway, Gordon - Design, Refurbishment and Fit-out - Select Tender
GB.15 Consideration of Submissions - Draft Ku-ring-gai Bushland Reserves Plan of Management
GB.16 Native Title Claim by Awabakal and Guringai People
GB.17 Acquisition and Divestment of Land Policy - Review
GB.18 Draft Commercial Leasing Policy
GB.19 Lindfield Village Green - Tryon Road - Project Update
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Extra Reports Circulated to Meeting
Motions of which due Notice has been given
NM.1 Heritage Conservation Areas 345
File: S09768
Notice of Rescission from Councillors Szatow, Citer and Armstrong dated
2 December 2013
We the undersigned hereby rescind that part of the decision of Council of 26 November 2013 to amend the following zoning, FSR and alteration of boundaries of a Heritage Conservation Area (HCA).
We hereby rescind:
“1. Amendment of the Heritage Map and Schedule 5 to alter the boundaries of the following HCAs:
a. C24 Marian Street Conservation Area to exclude Lot 6, DP 3694, Lots 1, 2, 3, DP 119937, Lot 2, DP 932235, Lot 1, DP 945545, Parts 30 and 31, DP 3263, Lot 1, DP 102600 (being Part D. i. a. of the resolution).
2. Amendment of the floor space ratio for 20-28 Culworth Avenue, Killara (Lots 1, 2 and 3 DP 119937, Lot 6 DP 3694, Lot 2 DP 932235 to ‘Q’ (1.3:1) and the height of buildings Map ‘P’ (17.5m) (being Part C. 5. of the resolution).”
NM.2 Naming of Community Centre and Sportsfield at former UTS site Lindfield 346
File: S08640/3
Notice of Rescission from Councillors Malicki, Berlioz and Pettett dated 2 December 2013
Following approaches from the community and based on new information including a suggestion of an extremely significant local figure -
We the undersigned Councillors, hereby move rescission of Minute No 373/13, GB 6 of the Ordinary Meeting of Council on 26 November, 2013 (Attachment A1):
“1. That Council name the former UTS sportsfield as the William Symons Sportsground and the community centre as the Leonard Keysor Community Centre.”
NM.3 Aircraft Noise over the North Shore 349
File: S02511
Notice of Motion from Councillor Fornari-Orsmond dated 2 December 2013
As stated on the Sydney Airport Community Forum website: “The Sydney Airport Long Term Operating Plan (LTOP) is the program which was introduced to manage the aircraft noise associated with Sydney Airport. It was drawn up through a major consultative process during 1996 and 1997. The Plan was designed to ensure that aircraft movements are maximised over water and non-residential land. Where overflight of residential areas cannot be avoided the Plan aims to safely share the noise between communities."
LTOP targets:
The LTOP has the following noise sharing targets for aircraft movements:
17% of movements to the North of the Airport
13% of movements to the East of the Airport
15% of movements to the West of the Airport
55% of movements to the South of the Airport
After comparing the set targets above against the actuals in Attachment A1, it is clear that these targets are not being adhered to. From speaking to residents about this issue it is also obvious people are frustrated that there is no regard for complying with the LTOP nor any regard for the residents that make complaints about the excessive noise over the North Shore – which is way above, at times double, the set targets and these are figures based over a 3 year period.
The residents on the North Shore should be able to expect that a Government agreement set up to ensure equitable distribution of aircraft noise from Sydney Airport be adhered to.
I move:
“1. That the General Manager write to the Federal Minister of Infrastructure and Regional Development, with the supporting document (Attachment A1), requesting that Airservices Australia adhere to the agreed LTOP.
2. That the General Manager requests a response from the Minister both as to why Airservices Australia are not adhering to the LTOP targets and when the residents of the North Shore can expect operations will resume as per the agreed LTOP.”
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS
Questions Without Notice
Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS
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MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 26 November 2013
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Present: |
The Mayor, Councillor J Anderson (Chairperson) (Roseville Ward) Councillors E Malicki & J Pettett (Comenarra Ward) Councillors D Citer & C Szatow (Gordon Ward) Councillors C Berlioz & D Ossip (St Ives Ward) Councillor D Armstrong (Roseville Ward) Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward) |
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Staff Present: |
General Manager (John McKee) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (Greg Piconi) Director Strategy & Environment (Andrew Watson) Acting Director Community (Virginia Leafe) Manager Urban & Heritage Planning (Antony Fabbro) Team Leader Urban Planning (Craige Wyse) Urban Planner (Rthna Rana) Heritage Specialist Planner (Robin Hedditch) Manager Records & Governance (Matt Ryan) Minutes Secretary (Sigrid Banzer) |
The Meeting commenced at 7.04pm
The Mayor offered the Prayer
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File: S02194
NOTE: The Director Community, Janice Bevan, tendered an apology for non-attendance.
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The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.
The following Councillors have tabled a completed Special Disclosure of Interest Form in relation to GB.14 - Draft Principal Local Environmental Plan – Consideration of Submissions as prescribed in Schedule 3A of the Local Government (General) Regulation 2005 and have therefore complied with their obligations pursuant to the provisions of Section 451 of the Local Government Act 1993:
The Mayor, Councillor Jennifer Anderson
Councillor David Armstrong
Councillor Duncan McDonald
Councillor David Citer
Councillor Christiane Berlioz
Councillor Chantelle Fornari-Orsmond
Councillor Elaine Malicki
Councillor Jeff Pettett
Councillor David Ossip
Councillor Cheryl Szatow
The completed forms will be recorded as part of the Minutes of the Meeting.
The Mayor, Councillor Jennifer Anderson declared a less than significant non-pecuniary interest in GB.14 – Draft Principal Local Environmental Plan – Consideration of Submissions [that in relation to GB.14 and the matters pertaining to “The Briars”, that the owners of “The Briars” several years ago did give me a supporting statement for my election to Council which was never published] but does believe it is less than significant and will be staying in the Chamber for debate and voting on the matter.
Councillor Duncan McDonald declared a less than significant non-pecuniary interest in GB.14 – Draft Principal Local Environmental Plan – Consideration of Submissions [His father, himself and sons attended Knox Grammar School] and believes it is a less than significant conflict of interest and will be staying in the Chamber for debate and voting on the matter.
Councillor Cheryl Szatow declared a less than significant non-pecuniary interest in GB.14 – Draft Principal Local Environmental Plan – Consideration of Submissions [She lives in the vicinity of Marian Street and Culworth Avenue, however we don’t own property in the area] nor do I have any pecuniary or non-pecuniary interest in that particular area, so will be staying in the Chamber for debate and voting on the matter.
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:
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Late Items: |
Extraordinary Meeting of Council Minutes held 20 November 2013
GB.15 – 14 to 18 Woniora Avenue, Wahroonga - Demolition of Existing Dwellings and Construction of a Residential Flat Building comprising 25 Apartments, Basement Car Parking and Associated Landscaping - Report by Director Development and Regulation dated 18 November 2013 with attachments.
GB.16 – Demolition of Four Houses in Gilroy Road, Turramurra – Report by Director Strategy and Environment dated 21 November 2013 |
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Memorandums: |
Refer GB.14 – Draft Principal Local Environmental Plan – Consideration of Submissions – Additional Matters – Memorandum from Manager Urban and Heritage Planning dated 26 November 2013 regarding errors in the Officer’s recommendation of the report.
Refer GB.14 – Draft Principal Local Environmental Plan – Consideration of Submissions – Memorandum from Manager Urban and Heritage Planning dated 26 November 2013 regarding late submissions.
Response to Councillor Questions on Draft KLEP 2013 – Memorandum from Manager Urban and Heritage Planning dated 26 November 2013 advising Councillors of answers to their questions on the Draft KLEP 2013.
Refer C.1 – T09-2013 – Preparation of a 26 Lot Subdivision at South Turramurra – Memorandum from Director Strategy and Environment dated 26 November 2013 – advising Councillors of a correction to the Executive Summary Background.
Proposed Road Works – Carmen Street – Memorandum from Director Operations dated 26 November 2013 in answer to a Question Without Notice raised by Councillor David Ossip at the Ordinary Meeting of Council held 12 November 2013 |
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360 |
File: CY00455 Vide: MM.1
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On behalf of Ku-ring-gai Council I would like to pay tribute to John Carrick OAM, who passed away after a short illness on 10 November 2013, aged 79.
John, who lived in East Lindfield, was a highly regarded Rotarian with Lindfield branch and also helped set up the Ku-ring-gai Youth Development Service. In 2011, a celebration was held to mark John’s 50th year of being a Rotarian – an incredible achievement.
A pharmacist, John joined the Rotary Club of Hunters Hill in 1961 at the age of 26. Then, in 1982, he joined the Rotary Club of Lindfield where he was a very active member of the Club and involved in its graffiti removal program.
John held a number of positions within Rotary, including President of Hunters Hill, district governor, and other executive Rotary positions. He was also a Paul Harris fellow, which is one of the highest accolades for a Rotarian. He was awarded the Medal of the Order of Australia in 2006 for service to the community.
On behalf of Ku-ring-gai Council I would like to send my sincere condolences to his beloved wife Jill and his family Robert and Indie, Chrissy and James, Geoffrey and Gaye. John also leaves behind four adored grandchildren.
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A. That the Mayoral Minute be received and noted.
B. That we stand for a minute’s silence to honour John Carrick OAM.
C. That the Mayor writes to Mr Carrick’s family and encloses a copy of the Mayoral Minute.
CARRIED UNANIMOUSLY
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PETITIONS
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367 |
Philip Mall, West Pymble - Costings for Shade Structures
File: S08239/4 Vide: GB.7
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The purpose of this report is to advise Council of the approximate cost of installing a shade structure in Philip Mall.
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(Moved: Councillors Malicki/Pettett)
A. That Council receive and note the report.
B. That consideration be given to a shade structure at Philip Mall in the 2014/2015 budget.
For the Resolution: The Mayor, Councillor J Anderson, Councillors Armstrong, Citer, McDonald, Ossip, Pettett, Szatow and Malicki
Against the Resolution: Councillors Berlioz and Fornari-Orsmond
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368 |
Independent Pricing and Regulatory Tribunal (IPART) - Section 508 (2) - Special Variation Application - Infrastructure Levy
File: S06788/2 Vide: GB.11
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To advise Council of the IPART Guidelines and amend Council’s resolution to apply for a Special Rate Variation under Section 508(2) of the Local Government Act.
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(Moved: Councillors Ossip/Pettett)
A. That Council apply to the Independent Pricing and Regulatory Tribunal for a Special Rate Variation under Section 508(2) of the Local Government Act for a permanent 5% increase to the rate base.
B. That Council support, in principle, the future application of a further 3% levy increase to the rate base at the conclusion of the NTRA levy.
CARRIED UNANIMOUSLY
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369 |
St Ives Shopping Centre - Shuttle Bus Service
File: TM9/05 Vide: GB.12
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To advise Council of the processes for the commencement of the St Ives Shopping Centre Shuttle Service.
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(Moved: Councillors Ossip/Berlioz)
A. That Council inform the St Ives Village Shopping Centre it is to make application directly to the NSW Transport and Infrastructure for approval for operation of the service.
B. That St Ives Shopping Centre notifies and consults with the existing bus company operators about the details of the proposed service.
C. That Council advise the support for the service is contingent that Council is not required to fund or subsidise the shuttle bus service.
D. That any infrastructure required to signpost the service will require a separate application under Section 138 of the Roads Act.
CARRIED UNANIMOUSLY
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370 |
Tender 10/2013 - Sports Courts Refurbishment 2013/2014
File: S09843 Vide: GB.13
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To consider the tenders received for the refurbishment and upgrade of sports courts at Allan Small Park, Roseville Park, St Ives Village Green, Kent Road Oval and appoint the preferred tenderer.
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(Moved: Councillors Ossip/Pettett)
A. That Council accepts the tender from tenderer ‘A’ to carry out refurbishment of all four (4) sports court sites at Allan Small Park, Roseville Park, St Ives Village Green and Kent Road Oval.
B. That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.
C. That the Common Seal of Council be affixed to all necessary documents.
D. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.
CARRIED UNANIMOUSLY
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371 |
14 to 18 Woniora Avenue, Wahroonga - Demolition of Existing Dwellings and Construction of a Residential Flat Building comprising 25 Apartments, Basement Car Parking and Associated Landscaping
File: DA0170/13 Vide: GB.15
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Demolition of existing dwellings and construction of residential flat building comprising 25 apartments, basement car parking and associated landscaping
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(Moved: Councillors Ossip/McDonald)
PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979
THAT Council, as the consent authority, grant development consent to Development Application No 170/13 for demolition of existing dwellings and construction of residential flat building comprising 25 apartments, basement car parking and associated landscaping, on land at 14, 16 and 18 Woniora Avenue, Wahroonga, for a period of two years from the date of the Notice of Determination, subject to the following conditions:
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. 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.
5. Asbestos works
All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.
Reason: To ensure public safety
6. Notice of commencement
At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.
Reason: Statutory requirement.
7. Notification of builder’s details
Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.
Reason: Statutory requirement.
8. Dilapidation survey and report (public infrastructure)
Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council: Public infrastructure
· Full road pavement width, including kerb and gutter, of Woniora Avenue and Woonona Avenue over the site frontage, including the full intersection. · All driveway crossings and laybacks opposite the subject site.
The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.
The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.
Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.
Reason: To record the structural condition of public infrastructure before works commence.
9. Dilapidation photos (public infrastructure)
Prior to the commencement of any works on site the applicant must submit to Ku-ring-gai Council and the Principal Certifying Authority a photographic record on the visible condition of the existing public infrastructure over the full site frontage (in colour - preferably saved to cd-rom in ‘jpg’ format). The photos must include detail of:
· The existing footpath · The existing kerb and gutter · The existing full road surface between kerbs · The existing verge area · The existing driveway and layback where to be retained · Any existing drainage infrastructure including pits, lintels, grates. Particular attention must be paid to accurately recording any pre-developed damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing damage to public infrastructure caused as a result of the development (which is not to be repaired by the Applicant as part of the development). The developer may be held liable to all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated under the requirements of this condition prior to the commencement of any works.
Reason: To protect public infrastructure.
10. 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.
11. Geotechnical report
Prior to the commencement of any bulk excavation works on site, the applicant shall submit to the Principal Certifying Authority, the results of the detailed geotechnical investigation comprising a minimum of two cored boreholes to at least 3 metres below the proposed basement level, as recommended in the report by Douglas Partners dated December 2011. The report is to address such matters as:
· appropriate excavation methods and techniques · vibration management and monitoring · dilapidation survey · support and retention of excavated faces
The recommendations of the report are to be implemented during the course of the works.
Reason: To ensure the safety and protection of property.
12. Construction and traffic management plan
The applicant must submit to Council a Construction Traffic Management Plan (CTMP), which is to be approved prior to the commencement of any works on site.
The plan is to consist of a report with Traffic Control Plans attached.
The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The CTMP applies to all persons associated with demolition, excavation and construction of the development.
The report is to contain construction vehicle routes for approach and departure to and from all directions.
The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for an 11 metre long heavy rigid vehicle.
The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:
· 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 CTMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved CTMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines may be issued for any non-compliance with this condition.
Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.
13. Work zone
A Works Zone is to be provided in Woniora Avenue subject to the approval of the Ku-ring-gai Local Traffic Committee.
No loading or unloading must be undertaken from the public road or nature strip unless within a Works Zone which has been approved and paid for.
In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.
Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.
14. Temporary construction exit
A temporary construction exit, together with necessary associated temporary fencing, shall be provided prior to commencement of any work on the site and shall be maintained throughout the duration and progress of construction.
Reason: To reduce or eliminate the transport of sediment from the construction site onto public roads.
15. Sediment controls
Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.
The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.
Reason: To preserve and enhance the natural environment.
16. 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.
17. 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.
18. Tree protective fencing type galvanised mesh
The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing.
Reason: To protect existing trees during construction phase.
19. Tree protection signage
Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:
Tree protection zone.
· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted. · Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report. · The arborist's report shall provide proof that no other alternative is available. · The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council. · The name, address, and telephone number of the developer.
Reason: To protect existing trees during the construction phase.
20. 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.
21. 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.
22. Construction waste management plan
Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s DCP 40 - Construction and Demolition Waste Management.
The plan shall address all issues identified in DCP 40, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.
Note: The plan shall be provided to the Certifying Authority.
Reason: To ensure appropriate management of construction waste.
23. 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.
24. Support for Council roads, footpaths, drainage reserves
Council property adjoining the construction site must be fully supported at all times during all excavation and construction works. Details of shoring, propping and anchoring of works adjoining Council property, prepared by a qualified structural engineer or geotechnical engineer, must be submitted to and approved by the Principal Certifying Authority (PCA), before the commencement of the works. A copy of these details must be forwarded to Council. Backfilling of excavations adjoining Council property or any void remaining at completion of construction between the building and Council property must be fully compacted prior to the completion of works.
Reason: To protect Council’s infrastructure.
Conditions to be satisfied prior to the issue of the construction certificate:
25. Tanked basement design
Prior to the issue of the Construction Certificate, the Principal Certifying Authority must be satisfied that the structural drawings for the basement incorporate a fully tanked design.
Reason: To comply with the requirements of NSW Office of Water.
26. Amendments to approved engineering plans
Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved engineering plan(s), listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:
The above engineering plan(s) shall be amended as follows:
1. The basement floor levels are to be consistent with the approved architectural plans. 2. The subsoil drains are to be deleted, due to the requirement of NSW Office of Water for a fully tanked basement structure.
Note: An amended engineering plan, prepared by a qualified engineer shall be submitted to the Certifying Authority.
Reason: To ensure that the development is in accordance with the determination.
27. 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.
28. 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.
29. External service pipes and the like prohibited
Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building. Details confirming compliance with this condition must be shown on construction certificate plans and detailed with construction certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on construction certificate plans and detailed with construction certificate specifications. External vents or roof vent pipes must not be visible from any place unless detailed upon development consent plans. Where there is any proposal to fit external service pipes or the like this must be detailed in an amended development (S96) application and submitted to Council for determination.
Vent pipes required by Sydney Water must not be placed on the front elevation of the building or front roof elevation. The applicant, owner and builder must protect the appearance of the building from the public place and the appearance of the streetscape by elimination of all external services excluding vent pipes required by Sydney Water and those detailed upon development consent plans.
Reason: To protect the streetscape and the integrity of the approved development.
30. 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.
31. 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, [10, 16, 13.], 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.
32. Recycling and waste management
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the development provides a common garbage collection/separation area sufficient in size to store all wheelie garbage bins and recycling bins provided by Council for the number of units in the development in accordance with DCP 40. The garbage collection point is to be accessible by Council’s Waste Collection Services.
The responsibility for:
· the cleaning of waste rooms and waste service compartments; and · the transfer of bins within the property, and to the collection point once the development is in use;
shall be determined when designing the system and clearly stated in the Waste Management Plan.
Note: The architectural plans are to be amended and provided to the Certifying Authority.
Reason: Environmental protection.
33. Noise from road and rail (residential only)
Prior to the issue of the Construction Certificate, the Certifying Authority shall submit evidence to Council demonstrating that the development will be acoustically designed and constructed to ensure that the following LAeq levels are not exceeded:
(a) in any bedroom in the building-35 dB(A) at any time between 10 pm and 7 am, (b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)-40 dB(A) at any time.
Plans and specifications of the required acoustic design shall be prepared by a practicing acoustic engineer and shall be submitted to the Principal Certifying Authority.
Reason: To minimise the impact of noise from the adjoining road or rail corridor on the occupants of the development.
34. 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.
35. Location of plant (residential flat buildings)
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.
C1. Note: Architectural plans identifying the location of all plant and equipment shall be provided to the Certifying Authority.
Reason: To minimise impact on surrounding properties, improved visual appearance and amenity for locality.
36. Driveway grades - basement car parks
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.
Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.
37. 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 departure from the requirement for 6 metres at 5% inside the boundary is approved, with a radius transition instead, as shown on Millennium Design Consultants Drawing DA2-20A. · a clear height clearance of 2.6 metres (required under DCP40 for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement · no doors or gates are provided in the access driveways to the basement car park 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.
38. Number of bicycle spaces
The basement car park shall be adapted to provide 7 bicycle spaces in accordance with DCP 55. The bicycle parking spaces shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.
Reason: To provide alternative modes of transport to and from the site.
39. Design of works in public road (Roads Act approval)
Prior to issue of the Construction Certificate, the Certifying Authority shall be satisfied that engineering plans and specifications prepared by a qualified consulting engineer have been approved by Council’s Development Engineer. The plans to be assessed must be to a detail suitable for construction issue purposes and must detail the following infrastructure works required in Woonona Avenue and Woniora Avenue:
· Kerb and gutter and road shoulder around the site frontage, except for directly over the watercourse. Footpath in Woniora Avenue. · New vehicular crossing incorporating the level at the boundary shown on the architectural plans.
Development consent does not give approval to these works in the road reserve. The applicant must obtain a separate approval under sections 138 and 139 of The Roads Act 1993 for the works in the road reserve required as part of the development. The Construction Certificate must not be issued, and these works must not proceed until Council has issued a formal written approval under the Roads Act 1993.
The required plans and specifications are to be designed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 - 1996 - Field Guide for Traffic Control at Works on Roads - Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Roads Act approval issued by Council.
A minimum of three (3) weeks will be required for Council to assess the Roads Act application. Early submission of the Roads Act application is recommended to avoid delays in obtaining a Construction Certificate. An engineering assessment and inspection fee (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.
Reason: To ensure that the plans are suitable for construction purposes.
40. 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.
41. 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.
42. 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):
43. Infrastructure restorations fee
To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:
a) All work or activity taken in furtherance of the development the subject of this approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.
b) The applicant, builder, developer or any person acting in reliance on this approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.
c) The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.
d) In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.
e) In this condition:
“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and
“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.
Reason: To maintain public infrastructure.
44. Section 94 Contributions - Centres. (For DAs determined on or after 19 December 2010)
This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:
The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.
The contributions specified above are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.
Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Highwasy, 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.
45. 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.
Conditions to be satisfied during the demolition, excavation and construction phases:
46. 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. Construction of external fire walls along the path of travel from the fire isolated stairway should not be an option as part of any alternative solution · 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.
47. Hours of work
Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.
Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.
Where it is necessary for works to occur outside of these hours (ie) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RTA from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.
Note: Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.
Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.
48. 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.
49. 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.
50. 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.
51. 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.
52. 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.
53. Further geotechnical input
The geotechnical works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by Douglas Partners dated December 2011 and the report submitted prior to excavation. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:
· further geotechnical investigations and testing recommended in the above report(s) and as determined necessary · further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary · written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs
Reason: To ensure the safety and protection of property.
54. 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 Douglas Partners dated December 2011 and the report submitted prior to commencement of excavation. 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.
55. 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.
56. 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.
57. 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.
58. 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.
59. 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.
60. 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.
61. Approval for rock anchors
Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property. If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.
Reason: To ensure the ongoing safety and protection of property.
62. 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.
63. 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.
64. Road repairs necessitated by excavation and construction works
It is highly likely that damage will be caused to the roadway at or near the subject site as a result of the construction (or demolition or excavation) works. The applicant, owner and builder (and demolition or excavation contractor as appropriate) will be held responsible for repair of such damage, regardless of the Infrastructure Restorations Fee paid (this fee is to cover wear and tear on Council's wider road network due to heavy vehicle traffic, not actual major damage).
Section 102(1) of the Roads Act states “A person who causes damage to a public road is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.”
Council will notify when road repairs are needed, and if they are not carried out within 48 hours, then Council will proceed with the repairs, and will invoice the applicant, owner and relevant contractor for the balance.
Reason: To protect public infrastructure.
65. 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.
66. Temporary rock anchors
If the use of temporary rock anchors extending into the road reserve is proposed, then approval must be obtained from Council and/or the Roads and Traffic Authority in accordance with Section 138 of the Roads Act 1993. The Applicant is to submit details of all the work that is to be considered, and the works are not to commence until approval has been granted. The designs are to include details of the following:
· How the temporary rock anchors will be left in a way that they will not harm or interfere with any future excavation in the public road · That the locations of the rock anchors are registered with Dial Before You Dig · That approval of all utility authorities likely to use the public road has been obtained. All temporary rock anchors are located outside the allocations for the various utilities as adopted by the Streets Opening Conference. · That any remaining de-stressed rock anchors are sufficiently isolated from the structure that they cannot damage the structure if pulled during future excavations or work in the public road. · That signs will be placed and maintained on the building stating that de-stressed rock anchors remain in the public road and include a contact number for the building manager. The signs are to be at least 600mm x 450mm with lettering on the signs is to be no less than 75mm high. The signs are to be at not more than 60m spacing. At least one sign must be visible from all locations on the footpath outside the property. The wording on the signs is to be submitted to Council’s Director Technical Services for approval before any signs are installed. · Permanent rock anchors are not to be used where any part of the anchor extends outside the development site into public areas or road reserves.
All works in the public road are to be carried out in accordance with the Conditions of Construction issued with any approval of works granted under Section 138 of the Roads Act 1993.
Reason: To ensure the ongoing safety and protection of property.
67. Temporary disposal of stormwater runoff
During construction, stormwater runoff must be disposed of in a controlled manner that is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to manage and control runoff as far as the approved point of stormwater discharge. Such measures shall be to the satisfaction of the Principal Certifying Authority.
Reason: To preserve and enhance the natural environment.
68. 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.
69. 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 Co-ordinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au <http://www.sydneywater.com.au> then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, 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.
70. 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.
71. 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.
72. 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.
73. 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. All trees shall be clearly tagged/identified consistent with the Arboricultural Impact Assessment Report by Arboreport dated 19/09/2013 prior to ANY tree removal.
Reason: To ensure that the development is in accordance with the determination.
74. 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.
75. 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.
76. Tree planting on nature strip
The following tree species
shall be planted, at no cost to Council, in the nature strip fronting the
property along Woniora Avenue. The tree/s used shall be a minimum
Reason: To provide appropriate landscaping within the streetscape.
77. Tree removal on nature strip
Following removal of T3 Callistemon salignus (Willow Bottlebrush) from Council's nature strip, the nature strip shall be rehabilitated to the satisfaction of Council’s Landscape Assessment Officer at no cost to Council.
Reason: To protect the streetscape.
78. 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.
79. 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.
80. 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.
81. 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.
82. Recycling of building material (specific)
During demolition and construction, the Principal Certifying Authority shall be satisfied that, in addition to building materials generally suitable for recycling, the following materials have been forwarded to an appropriate registered business dealing in recycling of materials. All materials to be recycled must be kept in good order:
(Any sandstone salvaged from the demolition works shall be retained and re-used on the site in landscaping works)
Reason: To facilitate recycling of materials.
Conditions to be satisfied prior to the issue of an Occupation Certificate:
83. 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.
84. 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. 480035M_02 have been complied with.
Reason: Statutory requirement.
85. 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.
86. 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.
87. 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.
88. 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.
89. Provision of copy of OSD designs if Council is not the PCA
Prior to issue of the Occupation Certificate, the following must be provided to Council’s Development Engineer:
· a copy of the approved Construction Certificate stormwater detention/retention design for the site · A copy of any works-as-executed drawings required by this consent · The Engineer’s certification of the as-built system.
Reason: For Council to maintain its database of as-constructed on-site stormwater detention systems.
90. Certification of drainage works (dual occupancies and above)
Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:
· the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans · the minimum retention and on-site detention storage volume requirements of BASIX and Ku-ring-gai Water Management Development Control Plan No. 47 respectively, have been achieved · retained water is connected and available for use · all grates potentially accessible by children are secured · components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia · all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices
The rainwater certification sheet contained in Appendix 13 of the Ku-ring-gai Water Management Development Control Plan No. 47, must be completed and attached to the certification. Where an on-site detention system has been constructed, the on-site detention certification sheet contained in Appendix 4 of DCP 47 must also be completed and attached to the certification.
Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.
Reason: To protect the environment.
91. 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.
92. OSD positive covenant/restriction
Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88B or 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.
The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices of Ku-ring-gai Council Water Management DCP 47). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.
Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.
Reason: To protect the environment.
93. 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.
94. Certification of as-constructed driveway/car park - 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" in terms of minimum parking space dimensions
§ finished driveway gradients and transitions will not result in the scraping of the underside of cars
§ no doors, gates, grilles or other structures have been provided in the access driveways to the basement carpark, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area
§ the vehicular headroom requirements of:
- Australian Standard 2890.1 - “Off-street car parking”, - 2.6 metres height clearance for waste collection trucks (refer DCP 40) are met from the public street into and within the applicable areas of the basement car park.
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.
95. Reinstatement of redundant crossings and completion of infrastructure works
Prior to issue of the Occupation Certificate, and upon completion of all works likely to cause damage to Council's infrastructure, 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.
96. Construction of works in public road - approved plans
Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Council Roads Act approval and accompanying drawings, conditions and specifications.
The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council.
The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved stamped drawings. The works must be subject to inspections by Council at the hold points noted on the Roads Act approval. All conditions attached to the approved drawings for these works must be met prior to the Occupation Certificate being issued.
Reason: To ensure that works undertaken in the road reserve are to the satisfaction of Council.
97. Mechanical ventilation
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that all mechanical ventilation systems are installed in accordance with Part F4.5 of the Building Code of Australia and comply with Australian Standards AS1668.2 and AS3666 Microbial Control of Air Handling and Water Systems of Building.
Reason: To ensure adequate levels of health and amenity to the occupants of the building.
98. 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:
99. 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: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.
Reason: To protect the amenity of surrounding properties.
100. 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.
101. Integrated Development - NSW Office of Water
The proposal must not incorporate provision for the permanent or semi-permanent pumping of groundwater seepage from below-ground areas. A fully tanked structure must be used.
Should additional geological and hydrogeological investigations encounter significant quantities of groundwater, then the NSW Office of Water may require an authorisation to be obtained to permit dewatering as part of the development.
Reason: The meet the requirements of the NSW Office of Water
CARRIED UNANIMOUSLY
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372 |
T09-2013 - Preparation of a 26 Lot Subdivision at South Turramurra
File: S09837 Vide: C.1
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In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(d)(i), of the Act, and should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:
(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of Council, or (iii) reveal a trade secret.
This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders. Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.
It is not in the public interest to reveal details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.
Report by Director Strategy and Environment dated 18 October 2013
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(Moved: Councillors Ossip/Malicki)
A. That Council accept the Tender identified in Confidential Attachment A1 for the preparation of a 26 lot subdivision at South Turramurra.
B. That the Mayor and General Manager be given delegated authority to execute all tender documents on Council’s behalf in relation to the contract.
C. That the Seal of Council be affixed to all necessary documents.
D. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government tendering Regulations.
E. That Council approves the divestment of all properties known as the former B2 lands at South Turramurra by public auction.
F. That Council authorises the General Manager and/or his delegate to set the reserve price established by an independent valuation report.
G. In the event that the properties do not achieve the reserve prices set at auction, that Council authorise the General Manager and/or his delegate to negotiate a contract price.
H. That Council authorises the Mayor and General Manager to execute all documentation and affix the Council Seal, if required, to all documents associated with the sale of the former B2 Lands at South Turramurra.
CARRIED UNANIMOUSLY
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Standing Orders were suspended to deal with all items that
have speakers after a
Motion moved by Councillors Szatow and McDonald
For the Motion: The Mayor, Councillor J Anderson, Councillors Armstrong, Berlioz, Citer, McDonald, Ossip, Szatow and Fornari-Orsmond
Against the Motion: Councillors Pettett and Malicki
The above Suspension of Standing Orders were subject to a Lost Amendment. The Lost Amendment was
that Council firstly deal with GB.14 – Draft Principal
Local Environmental Plan – Consideration of Submissions
after a Motion moved by Councillors Malicki and Pettett
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373 |
Naming of Community Centre and Sportsfield at former UTS Site, Lindfield
File: S08640/3 Vide: GB.6
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The following member of the public addressed Council:
P Shellie
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To report on the proposal from Defence Housing Australia (DHA) to name the former UTS oval at Lindfield and the new community centre at the site after two Victoria Cross recipients from the Battle of Lone Pine in 1915.
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(Moved: Councillors Ossip/Szatow)
A. That Council name the new facilities within the subdivision at the UTS University site at 100 Eton Road, Lindfield as ‘William Symons Sportsground’ and ‘Leonard Keysor Community Centre’.
B. That a notice of the names of the new facilities be published in the North Shore Times and the NSW Government Gazette.
C. That Council informs Australia Post, the Registrar General, Surveyor General, the Geographical Names Board, NSW Ambulance Service, NSW Fire Brigades, NSW Rural Fire Service, NSW Police Force, State Emergency Services and NSW Volunteer Rescue Association Incorporated of the new facility names.
CARRIED UNANIMOUSLY
The above Resolution was an Amendment to an Original Motion. The Original Motion was:
(Moved: Councillors Malicki/Pettett)
Following Council's current practice, local residents be consulted about their suggestions for naming the Council owned facilities at the former UTS site, with a report back to Council with the results of this consultation. The options presented by Defence Housing Australia (DHA) to be included as part of the consultation process.
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374 |
Exhibition of 2013 Peer Review of Potential Heritage Conservation Areas (HCAs) – North Sector
File: S09808 Vide: GB.9
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The following members of the public addressed Council:
G Tabuteau P Cooper
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To present to Council for exhibition the 2013 Peer Review of Potential Heritage Conservation Areas (HCAs) – North Sector, including Gilroy Road, Turramurra.
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(Moved: Councillors Berlioz/McDonald)
A. That Council resolves to exhibit the 2013 Peer Review of Potential Heritage Conservation Areas (HCAs) – North Sector, including Gilroy Road, by Sue Jackson-Stepowski and Carste Studio for 28 days.
B. That Council seek quotations to engage a heritage consultant to undertake a heritage assessment of the properties identified within the areas proposed in the submission from Mr Tabuteau and Mr Cooper for a possible inclusion as Heritage Conservation Areas or heritage listings. Following quotations such quotations be reported back to Council before engagement.
C. That
the notification process include all the properties defined within the
boundaries that are being proposed in the submissions from Mr Tabuteau and
D. That Council considers a further report, following the period of public exhibition.
CARRIED UNANIMOUSLY
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Standing Orders were suspended to deal with the following Item,
GB.8 – Exhibition of 2013 HCA Peer Review of Eastern Road, Turramurra and
Fox Valley Road, Wahroonga
after a Motion moved by Councillors Ossip and Fornari-Orsmond
was CARRIED UNANIMOUSLY
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375 |
Exhibition of 2013
HCA Peer Review of Eastern Road, Turramurra and
File: S09825 Vide: GB.8
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To present to Council for exhibition the 2013 Peer Reviews of Potential Heritage Conservation Areas (HCAs) in Eastern Road, Turramurra and Fox Valley Road, Wahroonga.
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(Moved: Councillors Ossip/McDonald)
A. That Council resolves to exhibit the 2013 HCA Peer Reviews of Eastern Road, Turramurra and Fox Valley Road, Wahroonga by John Oultram Heritage and Design for 28 days.
B. That Council consider a further report, following the period of public exhibition.
CARRIED UNANIMOUSLY
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376 |
Draft Principal Local Environmental Plan - Consideration of Submissions
File: S06413/5 Vide: GB.14
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The following members of the public addressed Council:
M Middleton J Weeks M Inglis P Lenehan J Hooke M Dooley J Townend M Willett P Schulz J Ross P Carlson K Robinson G Harris B Watson P Brereton S Brereton N Olborne M L Taylor J Phillips G Tabuteau P Hwang M Chu M Smart J Fuller P Frick I Glendenning N Cronin G Rogers E Sarich M Richardson F Bullock P Thompson
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A Motion moved by Councillors Fornari-Orsmond and Malicki requested a 10 minute recess was put to the vote and was CARRIED UNANIMOUSLY and the Chairperson ruled accordingly
The Meeting resumed
Those Present were:
The Mayor, Councillor J Anderson Councillor D Armstrong Councillor C Berlioz Councillor D Citer Councillor C Fornari-Orsmond Councillor D McDonald Councillor D Ossip Councillor E Malicki Councillor J Pettett Councillor C Szatow
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To have Council consider the public submissions on the draft Ku-ring-gai Principal Local Environmental Plan 2013.
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Council resolved itself into Committee of the Whole with the Press and Public included after a Motion moved by Councillors Malicki and Ossip was CARRIED UNANIMOUSLY
A Motion was moved by Councillors Malicki and McDonald to extend the meeting until after midnight
For the Motion: The Mayor, Councillor J Anderson, Councillors Armstrong, Berlioz, Citer, McDonald, Ossip, Malicki and Fornari-Orsmond
Against the Motion: Councillors Pettett and Szatow
Council resolved to return to Open Council prior to vote after a Motion moved by Councillors Malicki and McDonald was CARRIED UNANIMOUSLY
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(Moved: Councillors Malicki/Pettett)
A. That Council adopt the Planning Proposal for draft Ku-ring-gai Local Environmental Plan 2013 as exhibited and subject to the following amendments:
i. The Written Instrument be amended as follows:
(Moved: Councillors Berlioz/ Fornari-Orsmond)
a. Amend clause 1.9A (2) Suspension of covenants, agreements and instruments by inserting the following additional wording:
‘This clause does not apply to:
(i) Zone E4 Environmental Living Zone (ii) Zone R2 Low Density Residential, (iii) Zone R5 Large Lot Residential (iv) Zone E3 Environmental Management’
The above Resolution was an Amendment to an Original Motion. The Original Motion was:
(Moved: Councillors Malicki/Pettett)
a. Amend clause 1.9A (2) Suspension of covenants, agreements and instruments by inserting the following additional wording:
‘This clause does not apply to:
(i) Zone E4 Environmental Living Zone (ii) Zone R2 Low Density Residential, (iii) Zone R5 Large Lot Residential’
b. Amend the Land Use Table for Zone R1 General Residential to include Exhibition Homes and Building Identification Signage as permitted with consent.
c. Amend Land Use Table for Zone E3 Environmental Management to include ‘environmental protection works’ as permissible without consent.
d. Amend clause 4.1(1) (a) Minimum subdivision lot size to add the following phrase to the objective ‘and minimise risk to life and property from environmental hazards, including bushfire.’
e. Amend Clause 6.7 Riparian land and waterways to insert the following additional words under subclause (4) “(a) is consistent with the objectives of this clause”
f. Amend clause 6.11 Edgelea Residential Development to replace the word ‘Edgelea’ with the words ‘Crimson Hill’ in the title and wording of the clause.
g. Amend Schedule 1 Additional permitted uses to Add ‘car parking’ as permitted on Culworth Car Park, 20-28 Culworth Ave, 17 Marian St, Killara Lots 1, 2 and 3 DP119937; Lot 6 DP3694; lot 2 DP932235. h. Amend Schedule 2 Exempt Development – Signage as identified in Attachment A16.
i. Amend Schedule 2 Exempt Development – Special Events as identified in Attachment A17.
(Moved: Councillors Malicki/Pettett)
j. That the land use table for the Zone B7 Business Park be amended to delete the term ‘Hardware and building supplies’ from part 3 Permitted with consent.
For the Motion: Councillors Malicki, Pettett, Berlioz and Armstrong
Against the Motion: The Mayor, Councillor J Anderson, Councillors Citer, Szatow, Ossip, McDonald and Fornari-Orsmond
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
ii. The LEP Maps be amended as follows:
a. Amend the zoning map at make the following sites Zone RE1 Public Recreation and make the associated adjustments to the FSR/Height/Lot Size Maps:
· 44 Highlands Avenue, Gordon · 14 Carcoola Road, St Ives (Lot 24 in DP14488) · 27, 29 and 31 Bruce Avenue, Killara
b. Amend the zoning map at make the following sites E2 Environmental Conservation and make the associated adjustments to the FSR/Height/Lot Size Maps:
· 59 Campbell Drive, Wahroonga (Lot 59 DP 222034) · Drainage Reserve linking Rosedale Rd and Taylor Street, Gordon (Lot 2 DP 115175, Lot 1 DP115175 and Lot 6 DP 242900) · Land in the vicinity of Rosedale Rd/Sage St, St Ives to align with the natural areas LMU in that location.
c. Amend the zoning map to add the words ‘Educational Establishment’ to all school sites zoned SP2
d. Amend the zoning map at make the following sites zone SP2 Educational Establishment and make the associated adjustments to the FSR/Height/Lot Size Maps:
· Knox Grammar School Chapel Site, Wahroonga (Lot 2 DP 204768). · 17 Woodville Ave, Wahroonga (Lot 1 DP 1186815) - Knox Grammar School · 15 Cleveland Street, Wahroonga (Lot 271 DP 608835) - Knox Grammar School · 6&8 Billyard Avenue, Wahroonga (Lot 1 & 2 DP105255) - St Lucy’s School · 2 Richard Porter Way, Pymble (Lot 16 DP 658538) - Sacred Heart School, Our Lady of Perpetual Succour School
e. Amend the zoning map at make the following sites zone SP2 Infrastructure (Electricity Transmission and Distribution), and make the associated adjustments to the FSR/Height/Lot Size Maps:
· 2d Carlyle Road (Tyron Road), East Lindfield (Lot I DP 621476) · 17 Lamock Avenue (Kulgoa Road), Pymble (Lots I & 4 DP 444697; Lot 8 DP 30011; Lot 1 DP 445384)
f. Amend the zoning map at make the following sites Zone Map: R2 Low Density Residential, the FSR Map: A3(0.3:1) and the Lot Size Map: T (930sqm):
· 88, 88A, 88B, 88C Merrivale Road, Pymble · 65 Griffith Avenue (Lot 1 DP651933 and lot 31 DP13450) · 26 – 30 Craiglands Avenue, Gordon
g. Amend the zoning map at 12, 18, 28 30 Hillcrest Drive and 20 Cates Place, St Ives to Zone R3 Medium Density Residential. Development standards to remain unchanged.
h. Amend the zoning map at 101 Eton Road, Lindfield (Screen Australia) to Zone R1 General Residential for that part of the site shown as zone R4 High Density Residential in the exhibited draft KLEP 2013. The FSR/Height/Lot size maps are to remain unchanged.
i. Amend the zoning map at 100 Eton Road, Lindfield so that the R1 General Residential to E4 Environmental Management zone boundary at the Kimo Street /North Eastern end of the site be aligned with the approved cadastral boundary between Lot 5 and part Lot 1.
j. Amend the zoning map at 81 Boundary Street, Roseville to realign the boundary between the SP2 zone and the zone R2 Low Density Residential to be consistent with the Land Reservation and Acquisition Map.
k. Amend the Lot Size Map at 36,42, 44, 46 Blytheswood Ave and 39, 41, 43, 45, 51 Finlay Road, Warrawee to ‘T’ (930sqm).
l. At Lady Gowrie Nursing Home 6-10 Edward Street and Melkin End, Gordon, amend:
· the FSR Map to A3(0.3:1) to that part of the site currently zoned R2 Low Density Residential , and A1(0.2:1) to that part of the site currently zoned E4 Environmental Living, and · the Lot size map T (930sqm) to that part of the site currently zoned R2 Low Density Residential, and U2 (1500sqm) to that part of the site currently zoned E4 Environmental Living.
m. Amend the Land Reservation Acquisition Map on 11,23,25 Glen Road, Roseville (Lot 6 DP12001, Lots 8 and 9 DP17798, end of Glen Road, adjacent to Gum Creek, Roseville) to remove the words ‘Regional Open Space’ and insert the words ‘Local Open Space’
n. Amend the Biodiversity Map in accordance with the revised map included as Attachment A11 to this Report.
o. Amend the Riparian Lands Map in accordance with the maps included at Attachment A13 to this report.
p. Amend the Heritage Map and Schedule 5 to delete the following properties:
· 32 Marian St, Killara · 37 Marian St, Killara · 15 Cleveland Street, Wahroonga (Knox School) · 859 Pacific Highway, Pymble · 2A Heydon Ave, Warrawee · 105 Coonanbarra Rd, Wahroonga · 130 Coonanbarra Rd, Wahroonga · 38 Billyard Avenue, Wahroonga · 47A Highfield Road, Lindfield
q. Amend the Heritage Map and Schedule 5 to remove the properties listed in Part A of Attachment A9 and defer them for further heritage investigation.
r. Amend the Heritage Map and Schedule 5 to remove the properties, listed in Part B of Attachment A9 to this Report.
s. Amend the Heritage Map and Schedule 5 to include the correct description of UTS Ku-ring-gai Campus and the level of heritage significance.
t. Amend the Heritage Map and Schedule 5 as follows to correct identified errors:
· Item No. I1012: delete ‘dwelling house’ from item name and replace with ‘Poole House’; delete reference to Lot 14, DP 2870 from the property description and the Heritage Map.
· Item no. I0156: Include 34 Heydon Avenue, Warrawee on the Heritage Map.
· Item No. I834: include 59 Boundary Road, Wahroonga on the Heritage Map.
· Item No I1034: Amend the property description and Heritage map to include all lots comprising 51 Finlay Road, Warrawee: Lot C, DP 415439, Lot X, DP 412570, Lot 8, DP 663529, Lot 2, DP 526913.
u. Amend the Heritage Map to be consistent with the heritage curtilage as mapped on Ku-ring-gai Heritage LEP 1 on the following sites:
· Avondale Golf Course, 40 Avon Road, Pymble · Killara Golf Course, 556 Pacific Highway, Killara
v. Amend the Heritage Map and Schedule 5 to remove the following potential Heritage Items and they be deferred for further investigation and re-exhibition:
· 59 Warrangi Street, Turramurra · 51 Warrangi, Street Wahroonga · 6 Munderah Street, Wahroonga · 10 Munderah Street, Wahroonga · 2 - 12 Neringah Avenue South, Wahroonga · 88 Fox Valley Road, Wahroonga · 66 Pentecost Ave, Pymble · 60 - 62 Pentecost Ave, Pymble · 12 Bobbin Head Road, Pymble · 33 Grandview Street, Pymble
B. That Council request the Minister, under S59(4) of the EP&A Act, defer the inclusion of the 13 areas identified on the maps at Attachment A14 and that Council resolve to prepare a planning proposal in accordance with section 55 of the EP&A Act to re-exhibit these areas with the proposed zoning outlined in the body of this report. This planning proposal then be forwarded to the DoPI for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.
Recommendations A and B were CARRIED UNANIMOUSLY
(Moved: Councillors Malicki/Pettett)
C. That Council resolve to prepare a planning proposal in accordance with section 55 of the EP&A Act to amend the Ku-ring-gai Local Environmental Plan 2013 as follows , and that the planning proposal then be forwarded to the DoPI for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations:
1. To amend the Zoning Map for Edith Street, between 74 and 76 Bannockburn Road, Pymble (unformed road reserve) to zone R2 Low Density Residential, the FSR Map: A3(0.3:1) and the Lot Size Map: T (930sqm)
2. To amend the Zoning Map for No. 1 Bundarra Avenue Wahroonga, 1685 & 1687 Pacific Highway Wahroonga to zone R4 – High Density residential, the FSR Map: ‘N’ (1:1), Height Map ‘N’ (14.5m), Lot Size Map ‘U1’ (1200sqm).
(Moved: Councillors Szatow/Citer)
3. To amend the Zoning Map for 2, 4, 6 Caithness Street, Killara to zone R2 Low density Residential with associated development standards.
For the Motion: The Mayor, Councillor J Anderson, Councillors Armstrong, Berlioz, Citer, McDonald, Ossip, Szatow and Fornari-Orsmond
Against the Motion: Councillors Pettett and Malicki
The above Resolution was an Amendment to an Original Motion. The Original Motion was:
(Moved: Councillors Malicki/Pettett)
3. To amend the Zoning Map for 2, 4, 6 Caithness Street, Killara to zone R3 Medium density Residential
4. To amend the Zoning Map for 18 Marian St, Killara to zone R4 High Density Residential, the FSR Map ‘K’ (0.85:1), the Height Map ‘L’ (11.5m), Lot Size Map ‘U1’ (1200sqm).
5. To amend the Floor Space Ratio Map for 20-28 Culworth Ave, Killara (Lots 1, 2 and 3 DP119937; Lot 6 DP3694; lot 2 DP932235) to ‘Q’ (1.3:1) and the Height of buildings Map ‘P’ (17.5m).
6. To amend the Zoning Map for Avondale Golf Club, 40 Avon Road Pymble to Zone RE2 Private Recreation to the northern corner of the site.
7. To amend the Riparian Lands Map as it applies to the following sites:
· Corner of Woniora Avenue and Woonona Avenue North, Wahroonga · Ortona Road to Westbourne Road, Lindfield · 90 and 92 Babbage Road, Roseville Chase
8. To amend the Land Use table for Zone E3 Environmental Management to be consistent with Part IIID of the Ku-ring-gai Planning Scheme Ordinance.
9. To amend the Land Use Table for Zone E4 Environmental Conservation to include the following additional objectives:
· To minimise direct and indirect risks to life, property and the environment from bushfire events and bushfire management. · To ensure that development in this zone on land that adjoins land zoned E1 National Parks and Nature Reserves or E2 Environment Conservation is compatible with the objectives for those zones. · To enable other land uses that provide facilities or services to meet the day to day needs of residents
10. To amend Schedule 3 Part 1 (Complying Development) to include complying development provisions for dwelling houses in the E4 zone in accordance with the provisions included as Attachment A15.
(Moved: Councillors Szatow/Citer)
11. That the area from 44 to 66 Dumaresq Street and including 14 Vale Street (corner of Dumaresq Street) be zoned R3 to extend the current interface zone.
For the Motion: Councillors Citer and Szatow
Against the Motion: The Mayor, Councillor J Anderson, Councillors Pettett, Malicki, Ossip, Berlioz, McDonald, Fornari-Orsmond and Armstrong
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
CARRIED UNANIMOUSLY
(Moved: Councillors Malicki/Pettett)
D. That Council resolve to prepare a planning proposal in accordance with section 55 of the EP&A Act to amend the Ku-ring-gai Local Environmental Plan 2013 for the following Heritage related matters and that the planning proposal be forwarded to the DoPI for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations:
i. To amend the Heritage Map and Schedule 5 to alter the boundaries of the following HCAs:
a. C24 Marian St Conservation Area to exclude Lot 6, DP 3694, Lots 1, 2, 3, DP 119937, Lot 2, DP 932235, Lot 1, DP 945545, Parts 30 and 31, DP 3263, Lot 1, DP 102600.
b. C1 Wahroonga Conservation Area to exclude 38 Billyard Avenue, Wahroonga.
ii. To review the area around Middle Harbour Road, Lindfield (Archbold/Tryon/Middle Harbour and Trafalgar) as shown in the 2010 South HCA review within the Clanville Estate (HCA3A-6A), with the view to its re-inclusion as a potential HCA or to identify and assess potential new Heritage Items within the area.
iii. Further investigation be conducted on 6 Caithness Street, Killara as a new potential Heritage Item.
E. That a public hearing under section 57(5) of the EP&A Act not be held on the now deferred E3 zone.
F. That Council resolve to reclassify the land at 53 Bradfield Road Lindfield from Community to Operational land.
Recommendations D to F were CARRIED UNANIMOUSLY
(Moved: Councillors Berlioz/Fornari-Orsmond)
G. That Council resolve to reclassify the land at 47 Warrane Road, Roseville Chase from Community to Operational land. After subdivision of the land, the lot not required of the current dwelling is to revert to community land.
The above Resolution was an Amendment to an Original Motion. The Original Motion was:
(Moved: Councillors Malicki/Pettett)
G. That Council resolve to reclassify the land at 47 Warrane Road Roseville Chase from Community to Operational land.
CARRIED UNANIMOUSLY
(Moved: Councillors Malicki/Pettett)
H. That the LEP map be amended to make the following site Zone RE1 Public Recreation and make the associated adjustments to the FSR/Height/Lot Size Maps:
· 20 and 20A Greenvalley Avenue, St Ives.
I. That the Lot Size Map, Height of Building Map and Floor Space Ratio Map be amended applying to 100 and 102 Rosedale Road, St Ives to delete all development standards, consistent with the E1 and E2 zoning applying to these sites.
J. That the zoning map applying to 35 Water Street, Wahroonga be amended to zone the whole site Zone E4 Environmental Living (consistent with Ku-ring-gai Local Environmental Plan 220).
K. That further consultation occur with the NSW Rural Fire Service and other relevant state agencies to investigate the incidence of fire and the implications on evacuation risks for South Turramurra with the view of identifying an appropriate planning response for the area, including potential further amendments to the KLEP to address bushfire issues.
L. That the Heritage Map and Schedule 5 be amended to remove the following potential heritage item and defer it for further investigation and re–exhibition:
· 8 Braeside Street, Wahroonga.
M. That the written instrument be amended at clause 4.4(2B) to replace the maximum FSR “1.01” with “1.0:1”.
Recommendations H to M were CARRIED UNANIMOUSLY
(Moved: Councillors McDonald/Berlioz)
N. That Council request the Minister to defer from the draft KLEP the land in the vicinity of "the Briars 14 Woonona Ave, Wahroonga. This land includes 16 & 18 Woonona Ave (also known as 2- 14 Everett Way) and 3-13, 15, 17, 19 Bundarra Avenue South Wahroonga . Upon deferral of the land a further report be brought back to Council containing an assessment of the application of the R4 Zone and relevant development standards in this location.
CARRIED UNANIMOUSLY
(Moved: Councillors Ossip/Fornari-Orsmond)
O. That the property at 121 Mona Vale Road, St Ives, is zoned R2 low density residential.
For the Motion: Councillors Armstrong, Citer and Ossip
Against the Motion: The Mayor, Councillor J Anderson, Councillors Berlioz, McDonald, Pettett, Szatow, Malicki and Fornari-Orsmond
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
(Moved: Councillors Ossip/Citer)
P. That the properties at 30-58 Tryon Road, Lindfield, be removed from the HCA.
For the Motion: Councillors Armstrong, Citer and Ossip
Against the Motion: The Mayor, Councillor J Anderson, Councillors Berlioz, McDonald, Pettett, Szatow, Malicki and Fornari-Orsmond
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
(Moved: Councillors Citer/Armstrong)
Q. That properties of 28 Clissold Road, Wahroonga and 33 to 35 Clissold Road be included within Schedule 1 of the Draft LEP to permit dual occupancy development.
For the Motion: Councillors Armstrong, Citer and Ossip
Against the Motion: The Mayor, Councillor J Anderson, Councillors Berlioz, McDonald, Pettett, Szatow, Malicki and Fornari-Orsmond
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
(Moved: Councillors Szatow/Citer)
R. i. That the zoning for the Culworth Avenue Car Park at 20-28 Culworth Avenue be deferred until such time as the report from the Independent Chairman of the Public Hearing on the reclassification of that area be recommended to Council.
ii. As a first corollary to that deferment: Recommendation A. i. g. Amend Schedule 1 permitted uses to add “car parking” as permitted on Culworth Car Park lots 1,2,3 DP 119937, Lot 6 DP3694 and Lot 2 DP932235” be likewise deferred.
iii. As a second corollary to that deferment, that Recommendation C.5. Amendment of floor space ratio (from 1:0 to 1.3:1) and height (14.5 to 17.5) for 20-28 Culworth Avenue be deferred.
iv As a third corollary to that deferment, that Recommendation D.i.a. alteration of boundaries of Marian Street Conservation Area be deferred.
For the Motion: Councillors Armstrong, Citer, Ossip and Szatow
Against the Motion: The Mayor, Councillor J Anderson, Councillors Berlioz, McDonald, Pettett, Malicki and Fornari-Orsmond
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
(Moved: Councillors Armstrong/Ossip)
S. That properties in Bromborough Street Roseville be removed from the HCA.
For the Motion: Councillors Ossip and Armstrong
Against the Motion: The Mayor, Councillor J Anderson, Councillors Berlioz, McDonald, Pettett, Szatow, Malicki, Citer and Fornari-Orsmond
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
(Moved: Councillors Berlioz/Fornari-Orsmond)
T. i. That the following objective be added to the R2 Low Density Residential Zones: “To retain and enhance residential amenity including landscape quality and heritage value”.
ii. That the following objective be added to the R3 Medium Density Residential Zones: “To provide housing that is compatible with the landscaped character and amenity of Ku-ring-gai.”
iii. That the following objectives be added to the R4 High Density Residential Zones:
- To allow for increased residential density in accessible locations, while minimising the potential for adverse impacts of such increased density on the efficiency and safety of the road network.
- To provide housing that is compatible with the amenity of Ku-ring-gai.
iv. That the following objective be added to the B1 Neighbourhood Business Zone: “To minimise the effect of business uses on the amenity of adjacent areas having regard to building design, operation and activities, traffic generation and the car parking capacity of local roads.”
For the Motion: Councillors Berlioz, Pettett and Malicki
Against the Motion: The Mayor, Councillor J Anderson, Councillors Armstrong, Citer, McDonald, Ossip, Szatow and Fornari-Orsmond
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
U. That Council, in accordance with Section 58 of the EPA Act, forward a copy of the revised Planning Proposal for the Ku-ring-gai Local Environmental Plan 2013 to the Department of Planning and Infrastructure.
V. That delegation be granted to the General Manager to make all necessary corrections and amendments to the draft Ku-ring-gai Local Environmental Plan 2013 for drafting inconsistencies, or minor amendments as necessary to ensure consistency with NSW Standard Order Template and Department of Planning & Infrastructure policy.
W. That a DCP to accompany the KLEP 2013 be prepared, and include the DCP matters identified in this Report
X. That all persons that made a submission be notified of Council’s decision.
Recommendations U to X were CARRIED UNANIMOUSLY
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377 |
2013 to 2014 Budget Review - 1st Quarter Ended September 2013
File: S08023/5 Vide: GB.4
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To inform Council of the results of the 1st quarter budget review of 2013/14 and seek approval to adjust the annual budget based on the actual financial performance and trend for the period 1 July 2013 to 30 September 2013.
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(Moved: Councillors Szatow/Pettett)
A. That Council receive and note the September 2013 Quarterly Budget Review.
B. That the Restricted Assets Report as at 30 September 2013, as shown in Attachment A1 be noted.
C. That the recommended changes to the 2013/14 Budget as reported be adopted.
CARRIED UNANIMOUSLY |
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378 |
File: S04553/9 Vide: GB.10
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To advise Council of an additional charge to be included in Council’s 2013/2014 Adopted Fees and Charges.
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(Moved: Councillors Szatow/Berlioz)
A. That Council gives public notice for 28 days of the $40 fee proposed for each of the solitary bee hives, as part of the WildThings program, in accordance with section 610F of the Local Government Act 1993.
B. That should any submissions be received during the exhibition period opposing the fee proposal, a report be brought back to Council.
C. That should no submissions be received during the public exhibition period opposing the fee proposal, Council approves the additional fee outlined in this report, and amends Council’s 2013/2014 Adopted Fees and Charges accordingly.
CARRIED UNANIMOUSLY |
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379 |
Demolition of Four Houses in Gilroy Road, Turramurra
File: S08976 Vide: GB.16
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The purpose of this report is to advise Council on a way forward with regard planning for community facilities in Turramurra.
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(Moved: Councillors Malicki/Pettett)
A. That Council allow staff to advise the demolition contractor to recommence and complete demolition of the houses 2, 4, 6 and 8 Gilroy Road.
B. i. That Council prepare a community facilities strategy for Turramurra to determine the following:
- What community facilities does Council need to provide? - How much space does Council need to provide? - Where are these facilities best located? - What is the likely cost of the new facilities?
ii. That seed funding of $50,000 for the Turramurra community facilities strategy from section 94 reserves be discussed at the next budget session or briefing.
CARRIED UNANIMOUSLY |
The Meeting closed at 12.58am
The Minutes of the Ordinary Meeting of Council held on 26 November 2013 (Pages 1 - 82) were confirmed as a full and accurate record of proceedings on 10 December 2013.
__________________________ __________________________
General Manager Mayor / Chairperson
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Ordinary Meeting of Council - 10 December 2013 |
MM.1 / 107 |
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Item MM.1 |
CY00455 |
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26 November 2013 |
Mayoral Minute
VALE Eric Ralphs
On behalf of Ku-ring-gai Council I would like to pay tribute to the life of Eric Ralphs, who sadly passed away on Tuesday 24 September 2013, aged 76.
Eric was born at North Shore hospital in 1937 and spent his early years living in “The Gums”, Catalpa Crescent, Turramurra. His parents were both migrants from England and Eric was the eldest of six children. He went to kindy at St Pauls Church in Wahroonga and in 1943 he attended Warrawee Public School.
In 1947 the family moved to Carcoar. Eric moved back to Sydney in 1954 to work as an engineering cadet with the Metropolitan Water Board.
Eric started his army career with National Service in 1956 - it was through the army reserve that he met his wife Patricia and they were married in 1963. They had two children, David and Fiona.
Eric left the Water Board and went to work as an engineer at Mosman Council in 1960. Then, on 6 December 1976, he started his career at Ku-ring-gai Council as the Investigations Engineer.
Highlights of his long and illustrious career include:
· The Freedom of Entry to the 17th Battalion Royal New South Wales Regiment, to mark the Council’s golden jubilee as a municipality in 1978.
· His appointment as liaison officer for Ku-ring-gai SES from 1983.
· In 1988 Eric was appointed Local Emergency Management Officer which was his position during the notorious storm of 1991 – a storm so ferocious there were hail stones the size of tennis balls!
· In 2000 he took long service leave to work as Tournament Director for Hockey at the Sydney Olympics
Eric finished at the Council on 22nd January 2001. This was the 10th anniversary of the big storm – a memorable day to leave.
Eric had a long military career including National Service and he received several awards including:
· the Reserve Force Decoration with two bars
· the Australian Active Service Medal
· the Vietnam Logistic and Support Medal.
· the Australian Efficiency Decoration
· the Australian Defence Medal and the Anniversary of National Service medal. He also won the Australian Sports Medal.
To say Eric was active in retirement is an understatement! He spent his days travelling, playing bridge, joining several committees such as the Forestville RSL, University of NSW Regimental Association, the Sapper’s Association, Reserve Forces Day Council.
Eric was also a board member of Hockey NSW, volunteered as a tour guide at the National Artillery Museum at North Head, as well as being a keen cricket fan, family history researcher and a very involved grandfather to Sarah.
On behalf of Ku-ring-gai Council, I would like to pay tribute to Eric Ralph’s life and send our sincere condolences to his family.
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A. That the Mayoral Minute be received and noted.
B. That we stand for a minute’s silence to honour Eric Ralphs.
C. That the Mayor writes to Mr Ralph’s family and encloses a copy of this Mayoral Minute.
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Jennifer Anderson Mayor |
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Ordinary Meeting of Council - 10 December 2013 |
MM.2 / 109 |
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Item MM.2 |
CY00455 |
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2 December 2013 |
Mayoral Minute
Vale Peter Wem
On behalf of Ku-ring-gai Council I would like to pay tribute to the life of Peter Wem who tragically died in a horrific traffic accident on Tuesday, 1 October 2013, aged 73.
Formerly of Middlesbrough, England, Peter has been described as a life loving person who would do anything for his family and friends.
Peter was a registered bush care volunteer from Feb 2000 and was very active, looking after the bushland near his home in Hartley Close, Turramurra.
He was also on the Bushland Advisory Committee at Ku-ring-gai Council in the late 1990s early 2000s when he worked for DLWC. He was also very active in the local Scouts.
Peter left behind his wife Margaret, siblings Olga and Jim, sons Andrew, Graeme and Owen. He was also the proud grandfather of five grandchildren who must be missing him dreadfully.
On behalf of Ku-ring-gai Council I would like to pay tribute to Peter Wem’s life and send our sincere condolences to his family.
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A. That the Mayoral Minute be received and noted.
B. That we stand for a minute’s silence to honour Peter Wem.
C. That the Mayor writes to Mr Wem’s family and encloses a copy of this Mayoral Minute.
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Jennifer Anderson Mayor |
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MINUTES OF Ku-ring-gai Traffic Committee
HELD ON Thursday, 28 November 2013
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Present: |
Ku-ring-gai Council (Councillor Christiane Berlioz, Chairperson) Director Operations (Mr Greg Piconi) Roads & Maritime Services (Ms Kathryn Hawkins) Representing Member for Davidson (Mr Michael Lane) Representing Member for Ku-ring-gai (Ms Mary O’Dea) |
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Staff Present: |
Manager Traffic and Transport (Mr George Koolik) Traffic Team Leader (Mr Deva Thevaraja) Strategic Transport Engineer (Mr Joseph Piccoli) |
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Others Present: |
Representing Shorelink Bus Company (Mr Paul Kelly) Representing Shorelink Bus Company (Mr Stephen Boehme) Resident – Mr Gino Ioia (GB.5) Resident – Mr Bryan Madeley (GB.5) |
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Apologies: |
Nil |
The Meeting commenced at 9.00am
DECLARATIONS OF INTEREST
No interest was declared.
CONFIRMATION OF MINUTEs
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Minutes of Ku-ring-gai Traffic Committee
File: CY00022/5 |
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Meeting held 27 June 2013 Minutes numbered KTC08 to KTC11
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That Minutes numbered KTC08 to KTC11 were received and confirmed as an accurate record of the proceedings of the meeting. |
GENERAL BUSINESS
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KTC12 |
General Matter Items Under Delegated Authority
File: S02738
Vide: GB.1
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Advice on matters considered under Delegated Authority.
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That the information regarding traffic facilities approved during June to November 2013 be noted.
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KTC13 |
File: CY00022/5
Vide: GB.2
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To determine Ku-ring-gai Traffic Committee meeting dates for 2014.
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That the Ku-ring-gai Traffic Committee meetings in 2014 be scheduled for the dates shown below:
20 February 20 March 17 April 22 May 19 June 24 July 21 August 18 September 23 October 20 November
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KTC14 |
File: S02777/7 Vide: GB.3
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To consider a concept plan for the implementation of ‘Killara 2’ and part of ‘Killara 1’ cycleways.
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The Committee’s Comments:
Strategic Transport Engineer discussed the background to this item, advising that Bike North had been consulted and that the proposed cycleway would be on low volume roads, with low impact on traffic, including buses. The project is a continuation of one recently approved by Council, commencing in Boundary Street.
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That the Killara 2 and the short section of Killara 1 cycleway be approved.
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KTC15 |
File: TM5/05 Vide: GB.4
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To consider a request from Greengate Hotel to partially close a section of Greengate Road at Pacific Highway and to implement traffic control measures on Pacific Highway on Christmas Eve 2013.
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The Committee’s Comments:
The Representative of Roads & Maritime Services informed the Committee that Plan No. 4 in the report, proposing a VMS sign, was removed by the Traffic Management Centre prior to approval, therefore should be removed by Council.
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That Council approve the temporary partial closure of Greengate Road between Pacific Highway and the eastern end of Greengate Hotel on Tuesday, 24 December 2013, subject to:
A. Transport for NSW TMC granting approval for the closure of travel lanes and reduction of speed limit on Pacific Highway in the vicinity of Greengate Hotel for Christmas Eve 2013.
B. The Greengate Hotel fully implementing the Roads and Maritime Services’ approved Traffic Management Plan to ensure safety of the patrons and to address the traffic impacts that may result from the proposed road closure.
C. The eastbound section of Greengate Road between Pacific Highway and the eastern end of Greengate Hotel be closed from 3.00pm on 24 December to 1.00am on 25 December 2013, while the westbound traffic on Greengate Road will be controlled by traffic controllers from 9.00pm on 24 December and 1.00am 25 December 2013.
D. The travel lanes on Pacific Highway be reduced and speed be limited to 40 km/h in the vicinity of Greengate Hotel from 8:00pm on Tuesday, 24 December to 1.00am on Wednesday, 25 December 2013.
E. The closure being advertised by Council as required by Section 116 of the Roads Act 1993 and no substantial objection to the proposal which cannot be addressed, being received by the closing date of the advertising.
F. The Applicant to inform the affected residents of the proposed road closure of Greengate Road and other detour arrangements in the area on Christmas Eve 2013.
G. The Applicant providing and maintaining all necessary signs, barricades and all other safety equipment at its expense to properly effect the changed traffic conditions.
H. The Applicant placing appropriate advance warning signs on Pacific Highway to warn motorists about the closure of travel lanes on Pacific Highway.
I. The Applicant engaging RMS-accredited traffic controllers to monitor the road closure at all times and to provide vehicular access for emergency vehicles and residents if such access is required.
K. The Greengate Hotel responds in writing to Council by Friday, 13 December 2013, regarding the acceptance of Council’s conditions for the temporary partial closure of a section of Greengate Road and traffic alterations on Pacific Highway on Christmas Eve 2013.
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KTC16 |
File: TM8/05 Vide: GB.5
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To consider traffic conditions in Park Avenue and Earl Street, Roseville.
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The Committee’s Comments:
Mr Gino Ioia and Mr Bryan Madeley both residents of Park Avenue, Roseville, addressed the Committee. Mr Ioia commented that several factors compound the severity of speeding in Park Avenue. These factors are topography, infrastructure, large vehicles involved and resident demographics. He considered that linemarking would increase, rather than decrease traffic speeds because drivers would be confident that oncoming vehicles would be driving within their allotted travel lane. Mr Madeley, a resident since 1961, referred to two crashes many years ago. He informed the Committee that the three tonne limit in Park Avenue is not adhered to, with buses and even occasional B doubles using the street. He suggested the closure of Park Avenue at Archbold Road or the construction of a chicane near property number 10.
The Representative of Shorelink informed the Committee that one school bus, servicing Roseville Public School, uses Park Avenue at approximately 8.54am, only on school days.
Director Operations informed the Committee that Park Avenue at Moore Street, currently has a score of 24% on Council’s priority ranking system. As previously advised this is a low score, giving Park Avenue a priority ranking of approximately 170. He suggested that further investigations be undertaken regarding recorded collision data.
The Representative of Roads & Maritime Services informed the Committee that if approved the linemarking would need to provide parking lanes of 2.1 metres and through lanes of approximately 2.9 metres.
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A. That in view of the excessive speeds detected in Park Avenue and Earl Street, Roseville, and the relatively low collision data for both streets, that the line marking as shown in Plan No. Park-Earl-Moore/KTC/11/13 be approved.
B. That Police be requested to increase their presence in both Park Avenue and Earl Street during morning peak periods, in particular.
C. That traffic speeds and road safety in Park Avenue be monitored over the next 12 months.
D. That further investigations be undertaken regarding collision data in Park Avenue.
E. That residents of Park Avenue who have written to Council, be informed of Council’s decision.
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general discussion
1. Kissing Point Road, Turramurra
Manager Traffic and Transport asked whether RMS can provide any update regarding the circumstances of the cycling fatality of 30 October 2013 or any information regarding possible funding for improvement works. Several residents have expressed concern with road safety in the vicinity of the crash site. The Representative of RMS informed the Committee that she has no further information at this stage.
2. Pentecost Avenue, St Ives
Manager Traffic and Transport reminded the Committee that traffic counts were to be undertaken both before and after completion of the extension of the right-turn bay on Mona Vale Road at Pentecost Avenue. There has been a number of residents who have expressed concerns that traffic volumes in Pentecost Avenue would increase following the RMS work on Mona Vale Road. The Committee was informed that the before and after counts show no increase in traffic volumes in Pentecost Avenue from that work. The Committee requested that staff write to residents who had previously expressed concerns, with details of the count data.
3. Rosedale Road, Gordon
Manager Traffic and
Transport tabled a letter from Mr Jonathan O’Dea MP regarding representations
he has received from Dr Howe of Rosedale Road. Dr Howe refers to several
traffic collisions at the southern end of Rosedale Road, and expresses concerns
with road safety. Manager Traffic and Transport informed the Committee that as
yet details of a reported accident of 24 October 2013 near property numbers
3-5 Rosedale Road, have not been provided by Police. He informed the Committee
that Council data shows no recorded collisions between Nelson Street and
McIntosh Street for the five year period to 2012.
4. Abingdon Road, Roseville
Manager Traffic and Transport tabled a letter from Mr Paul Fletcher MP, Federal Member for Bradfield, on behalf of Mr J Pottie of Abingdon Road, regarding parking in his street. Mr Pottie and other residents refer to parking demand in their street by UTS students and ask for a resident only parking arrangement for Abingdon Road. Director Operations informed the Committee that he has had discussions with Mr Peter Shelley of DHA, requesting DHA to permit workers vehicles to park on the DHA site as roads are completed. The Committee agreed that some relief would be given to residents of Abingdon Road when workers are permitted to park on the DHA site.
5. School Zone Flashing Lights Program
Manager traffic and Transport informed the Committee that the Centre for Road Safety has informed Council that the program to install flashing lights in school zones within New South Wales, is being accelerated and it is expected that flashing lights will be installed at all school zones by the end of 2015.
The Meeting closed at 9.55am
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Ordinary Meeting of Council - 10 December 2013 |
GB.1 / 116 |
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Item GB.1 |
S08447 |
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2 December 2013 |
Code of Conduct - Complaint Statistics
EXECUTIVE SUMMARY
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purpose of report: |
To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – March 2013. |
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background: |
Under the Procedures, a report on a range of complaints statistics must be provided to Council and the Division of Local Government. |
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comments: |
The relevant statistics are contained in this report. In summary, there were no complaints during the subject period, namely the twelve months to the end of September 2013. |
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recommendation: |
That the contents of this report be received and noted, and that the statistics contained in this report be provided to the Division of Local Government in accordance with clause 12.2 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – March 2013. |
Purpose of Report
To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – March 2013.
Background
Under the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – March 2013, a report on a range of complaints statistics must be provided to Council and the Division of Local Government.
Part 12 of the Procedures provides:
PART 12 REPORTING ON COMPLAINTS STATISTICS
12.1 The complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:
a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September,
b) the number of code of conduct complaints referred to a conduct reviewer,
c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints,
d) the number of code of conduct complaints investigated by a conduct reviewer,
e) the number of code of conduct complaints investigated by a conduct review committee,
f) without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures,
g) the number of matter reviewed by the Division and, without identifying particular matters, the outcome of the reviews, and
h) The total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.
12.2 The council is to provide the Division with a report containing the statistics referred to in clause 12.1 within 3 months of the end of September of each year.
Comments
Following are the categories of statistics required by the Division to be reported, followed in each case by the relevant statistic within brackets in BOLD type.
Number of Complaints and Associated Costs
Model Code Procedures Reference: 12.1
1 a) The total number of code of conduct complaints made about councillors and the general manager under the code of conduct [NIL]
b) The number of code of conduct complaints referred to a conduct reviewer [NIL]
c) The number of code of conduct complaints investigated by a conduct reviewer [NIL]
d) The number of code of conduct complaints investigated by a conduct review committee [NIL]
e) The total cost of dealing with code of conduct complaints made about councillors and the general manager including staff costs [NIL]
Preliminary Assessment Statistics
Model Code Procedures Reference: 6.10
2 a) The number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage [NIL]
b) The number of those complaints finalised by each of the following recommendations:
· To take no action [NIL]
· To resolve the complaint by alternative and appropriate strategies [NIL]
· To refer the matter back to the general manager or the Mayor, for resolution by alternative and appropriate strategies [NIL]
· To refer the matter to another agency or body such as, but not limited to, the ICAC, the NSW Ombudsman, the Division or the Police [NIL]
· To investigate the matter [NIL]
· To recommend that the complaints coordinator convene a conduct review committee to investigate the matter [NIL]
Final Investigation Statistics
Model Code Procedures Reference: 8.35
3 a) The number of code of conduct complaints investigated by a conduct reviewer or conduct review committee [NIL]
b) The number of these complaints finalised by each of the following recommendations:
· That the council revise any of its policies or procedures [NIL]
· That the subject person undertake any training or other education relevant to the conduct giving rise to the breach [NIL]
· That the subject person be counselled for their conduct [NIL]
· That the subject person apologise to any person or organisation affected by the breach [NIL]
· That findings of inappropriate conduct be made public [NIL]
· In the case of a breach by the general manager, that action be taken under the general manager’s contract for the breach [NIL]
· In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Act [NIL]
· In the case of a breach by a councillor, that the council resolves that the councillor be formally censured for the breach under section 440G of the Act and that the council resolves that the matter be referred to the Division for further action [NIL]
Complaints Reviewed by the Division
Model Code Procedures Reference: Part 9
4 Number of matters reviewed by the Division
a) Outcome: Decision sustained [NIL]
b) Outcome: Decision overturned [NIL]
Governance Matters
The provision of this report and the provision of information to the Division of Local Government is a requirement of Clause 12.1 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – March 2013.
Risk Management
Matters relating to the administration of Council’s Code of Conduct have potential to affect the reputation of Council.
Financial Considerations
There were no complaints about Councillors or the General Manager made under the Code of Conduct during the period accordingly, no relevant costs.
Social Considerations
Not relevant.
Environmental Considerations
Not relevant.
Community Consultation
Not relevant.
Internal Consultation
Not relevant.
Summary
Under the new Model Code of Conduct framework, a report on a range of complaints statistics must be provided to Council and the Division of Local Government.
The relevant statistics are contained in this report. In summary there were no complaints during the subject period, namely the twelve months to the end of September 2013.
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A. That the contents of this report be received and noted; and
B. That the statistics contained in this report be provided to the Division of Local Government in accordance with clause 12.2 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – March 2013.
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Jamie Taylor Corporate Lawyer |
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Ordinary Meeting of Council - 10 December 2013 |
GB.2 / 121 |
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Item GB.2 |
S06620/3 |
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1 December 2013 |
Marian Street Theatre -
Strategic Management Options and
Building Safety Requirements
EXECUTIVE SUMMARY
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purpose of report: |
For Council to undertake immediate upgrades to the Marian Street Theatre to ensure the safety of users and patrons of the theatre, and for Council to consider future management model recommendations for the theatre. |
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background: |
The Marian Street Theatre (MST) operated as a local theatre for over 40 years until 2001. The Marian Street Theatre For Young People (MSTYP) has been the sole occupier of the building since 2001. An independent theatre study was recently commissioned by Council to recommend future management models for the theatre. |
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comments: |
The independent consultant’s report recommended a sustainable management model for the theatre that would ensure continued use by MSTYP, plus use by other theatre companies and the community. Building inspections in conjunction with the theatre study have identified significant non-compliance with Building Code of Australia (BCA) standards. In order to ensure a safe operating environment for the MSTYP and the community, immediate repair works are required over the next few months. |
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recommendation: |
That Council close the Marian Street Theatre immediately to undertake urgent lighting, electrical and other associated upgrades, and that Council adopt a Direct Management Model for the Marian Street Theatre. A report will come to Council in early 2014 with further details about the management model and funding strategies for future works at the theatre. |
Purpose of Report
For Council to undertake immediate upgrades to the Marian Street Theatre to ensure the safety of users and patrons of the theatre, and for Council to consider future management model recommendations for the theatre.
Background
On the 26th June 2012 Council resolved:
1. That Council conduct a review of alternative management models for the MST, ensuring that the facility is “accessible to the wider community and as financially viable as possible for Council”.
2. That a report be tabled before Council “recommending alternative Management Models”.
3. That the recommended management model and business plan “support MSTYP at the Marian Street Theatre within a financially sustainable model”.
4. That Council enter into a 12 month temporary licence agreement with MSTYP from July 2012 for the hire of the Theatre at $6,000 pa (plus GST).
This report addresses resolutions 1, 2 and 3 regarding the findings of the management review, and Resolution 4 has been implemented - MSTYP entered into a twelve month licence agreement that conclude in June 2013, and is now on a month to month extension of that agreement pending the outcomes of this report.
The Marian Street Theatre is a significant Council asset located within walking distance of Killara Railway Station situated opposite a small string of shops (including cafe) at Killara. It comprises a 279 seat capacity with a downstairs area, including main room/dressing rooms/kitchen, an upstairs area and a front of house area, foyer bar and toilet facilities. A large car park is located at the rear of the Theatre.
The original building was constructed in 1906. Council purchased the building in 1931 and use continued as a Memorial Hall known as the Killara Soldiers Memorial Hall. The Marian Street Theatre was established in 1965.
From 1965 until 2001, Marian Street Theatre was occupied by Marian Street Theatre Ltd. (Northside Theatre Company). On 24 December 2001 the Marian Street Theatre Ltd terminated. Marian Street Theatre for Young People (MSTYP), established by Marian Street Theatre Ltd, has remained as the resident tenants of the building, occupying the entire space, but only using the space for rehearsals or performances on a part-time basis, as required.
As a not-for-profit youth operation performing to families and friends, the expectations of the MSTYP in modernising the facility has been modest to date. However, if the facility is to be maintained to a minimum modern standard, considerable expenditure will need to be incurred to achieve such an outcome.
Since 2001 there have been 3 separate Expressions of Interest (EOI) called for proposals from theatre companies interested in managing the Marian Street Theatre. In 2002 and 2006 Council elected not to proceed with the proposals. The MSTYP continued to remain in occupation as the sole occupiers currently under a licence agreement.
A further EOI in 2011 resulted in MSTYP submitting the only interest. Council resolved to grant a short term licence whilst a review of management options was conducted.
Comments
It is important to note that the theatre market within the region is now influenced by the establishment of the Concourse Centre at Chatswood with a new 500 seat, state of the art theatre.
Council commissioned an independent report to recommend a business model that achieved the best outcomes for Council in terms of financial sustainability, greater access to the wider community, and continued support for occupation by the not-for-profit MSTYP.
Soft Tread was appointed in February 2013 and delivered a first report in May 2013.
Soft Tread, a company with considerable experience in theatre management, was engaged to research and report on the structure of theatre models managed by other Councils, work with Council and MSTYP to develop a working management model, and report on the best business strategy for Council.
The initial report is tabled in Attachment 1, with revised additional recommendations in Attachment 2.
The consultant’s main theme is to work to return professional management structures and programming to MST:
If the theatre is being more professionally managed with usage and thus availability across all of its spaces clearly defined, both the greater visibility of the theatre within the community and the clarity about its availability is likely to boost interest in casual usage of the building. However, this is considered more a collateral benefit to the reorientation of MST as a professional theatre than an end in itself.
The report notes Council’s options are limited, however simply maintaining the asset for a youth theatre is not meeting Council’s objectives of diverse community use and professional use of the theatre.
The report emphasises:
If the Council is unwilling or unable to invest in the theatre to make it a fully functioning venue that can provide both adequate infrastructure for incoming professional companies and facilities for its current Resident Company MSTYP, options are much more limited for increased community use of MST.
Soft Tread Recommendations
Recommendation 1
Undertake capital works and upgrades as follows:
* Create a rehearsal room for both MSTYP use and external hire;
* Undertake a rigorous audit of the electrical, mechanical and plumbing systems within, and structural integrity of the theatre and upgrade as required;
* Upgrade the technical capacity and equipment of the theatre
The report highlights that under the current development restrictions, along with the poor building condition, the theatre is not in a strong position.
The restrictions on the property relating to hours of operation in the current DA and the Operation Building Management Plan (2010) require the theatre operation to cease by 9.30pm Sunday to Thursdays, and 10.30pm Friday and Saturday evenings.
It also highlighted the need for essential capital works, and that consideration be given for the Marian Street Theatre to obtain a liquor licence if a shared professional theatre operation were to be re-established in conjunction with and in support of MSTYP.
Recommendation 2
Develop a program with a diverse range of theatre offerings to attract a wide demographic from the Ku-ring-gai Local Government Area (LGA) with an annual target audience of 50,000 by the end of 2016.
It would be wonderful for MST to again attract larger audiences from within the Ku-ring-gai LGA. Establishing a new theatre company is not a viable proposition in this economic climate - the costs associated with creating a new theatre company are high and would require significant government and corporate subsidy at a time of contracting support for the arts.
The Soft Tread Report recommended MST develop ongoing partnerships with existing companies including the Ensemble Theatre Company and syllabus-specialist Sport for Jove. These partnerships would complement Council’s current relationship with MSTYP.
This report reinforces this recommendation, suggesting that the Ensemble and Sport for Jove join MSTYP as MST “Partner Companies”.
Recommendation 3
Appoint an independent Venue Management Consultant on an initial contract of 3 years to oversee the capital works and upgrades, and to implement a new annual program for the theatre. An operational subsidy of $150,000 per annum should be provided by Council to the consultant to achieve the programming objectives and audience targets. It is also recommended that the Venue Management Consultant approach other professional theatre companies in order to generate a regular income to Council.
Comparable Theatres
It is useful to review the fees other comparable theatres in Sydney are charging for community use:
The Zenith Theatre in Chatswood - 251 seats - a discounted community rate of $1,300 per performance (maximum 5 hours, plus technical and Front of House Coordinator)
The Glen St Theatre in Frenchs Forest - 400 seats - a discounted community rate of $1,124 per performance (maximum 5 hours plus a Technical Coordinator and Front of House Coordinator)
The Lennox Theatre in Parramatta - a discounted community rate of $1,085 per performance (maximum 5 hours including a Technical Coordinator and a Front of House Coordinator).
The Laycock St Theatre in Gosford - 400 seats - a discounted community rate of $1,570 per performance (maximum 5 hours includes technical and Front of House Coordinator)
The Pact Theatre Erskinville -120 seats - a community rate of $630.00 per performance (maximum 5 hours including a technician)
The Peninsula Theatre Woy Woy has 124 seats - a community rate of $605.00 per performance (maximum 4 hours includes a technician)
In comparison MSTY P is currently paying $550 per month for unlimited hours (exclusive use of the Marian Street Theatre).
The above comparable theatres have busy mixed programs including professional shows. All are subsidised by their Councils. Their respective Councils approve a commercial rate of hire for each venue and then discount this rate for community use.
Capital Works
In order to develop the theatre to a standard that would allow for professional shows and increased community use, the following schedule of Capital Works is necessary:
Stage 1 Technical and Safety
Technical Upgrade of the theatre - $150,000 (inc. $75,000 grant funds)
Overstage safety & access $72,000
Bar Upgrade $35,000
Office Fit Out $10,000
Toilets Upgrade $40,000
Total $307,000
Stage 2 Conversion
Theatre facilities and downstairs improvements
Foyer Doors $60,000
Air Conditioning $90,000
Conversion Downstairs $400,000
DDA Requirements $90,000
Total $640,000
Total Capital Investment (inc Grant) $ 947,000
Total Council Investment ($953,000 -$75,000 Grant) $ 872,000
Council has secured a Community Partnerships Program grant of $75,000 from the State Government, however, this grant needs to be spent immediately. Council should therefore commence work as soon as possible, or the grant offer will be withdrawn.
A program of essential technical works totalling $150,000 is attached which would satisfy the grant criteria. Refer Attachment 3.
Management/Staffing Considerations
The Soft Tread report recommends the principal function of MST Management should be to develop and manage the venue’s annual budget, and to negotiate the scheduling of the seasons of each of the three proposed Partner Companies, being MSTYP, the Ensemble, and Sport for Jove. Once these seasons are locked in, Theatre Management can seek additional seasons to fill any gaps.
It is critical that the Theatre Management be independent of all three Partner Companies, as well as other potential hirers. As there may be tensions in the development of the schedules in the initial triennium, the Theatre Management needs to be seen by all parties to be an honest broker and must be prepared to robust in its dealings with all parties.
The Theatre Management should also be networked into the national performing arts and touring industries to ensure the MST attracts new opportunities and additional hirers to the theatre.
The Theatre Management will also need to establish efficient systems for the purchasing of technical advice as may be required by incoming hirers, the accessing of a Box Office system convenient for all hirers (some of whom may have existing relationships with established ticketing organisations), and the engagement of the casual labour required to realise their seasons (Box Office, FOH, technical).
After consideration of the recommendations contained in the Soft Tread report, it is proposed Council employ a Theatre Manager or consultant 3 days a week, a full-time Technical Coordinator, and an Administration Officer for Box Office and general administration.
The Marian Street Theatre would be available for community performing groups, schools, and corporate groups, community groups for shows, presentations and meetings at a community rate of approximately $660.00 for 5 hours (including a technician) - technicians are charged at approximately $45/hour for set up, rehearsal and bump out.
Similar to Council’s sportsgrounds and other facilities, a calendar of bookings would be coordinated by the Theatre Manager, who would oversee booking requests from MSTYP, professional companies, promoters and other community groups. As an example, the Glen Street Theatre books in the subscription season over 12 months in advance and then makes the remaining date as available for dance groups and other community bookings.
Governance Matters
Section 36 of the Local Government Act 1993, as amended (1998) requires a specific Plan of Management (POM) for Community Land. Council’s Marian Street Theatre Site Plan of Management, adopted in August 2002, is consistent with the requirements for a specific POM.
The Marian Street Theatre Site POM expressly authorises Council to consider, when approving the granting of any lease and/or licence, that Council takes into consideration the specific use authorised by the POM namely “General Community Use”.
The POM permits the following uses at Marian Street Theatre:
* A multipurpose centre for all community members.
* Plays and dramas for children and young people.
* Casual hirers for education and recreation/ leisure activities.
* Performances by professional groups.
* Casual dining, light lunches and coffee shops.
Risk Management
Council has considerable exposure to risk at the Marian Street Theatre.
Currently MSTYP is a community theatre group that does not have facility management staff with adequate technical qualifications.
Additionally, it has now been bought to Council’s attention, following the Soft Tread report, that the facility is in urgent need of building systems and safety upgrades, including:
* Electrical connections involving over 128 amps of power side of stage and within reach of all backstage.
* Electrical cables and equipment with out of date or no testing and tagging.
* Lighting bars over stage and the audience with unsafe and indeterminate methods of support.
* Storage of paint and inflammable material in store rooms in the building and backstage.
It is crucial for Council to undertake the required electrical and structural lighting works immediately.
Following completion of necessary works, it is essential for Marian Street Theatre to have a Technical Manager who would be responsible for all risk management matters associated with using the theatre and its electrical, mechanical and staging operation. The use of the hoist in the backstage area should only be undertaken by, or under the supervision of, the Theatre Technical Manager (who will have the necessary ticket required to operate the machinery).
In other theatres in Australia the hiring of the space includes the Technical Manager (and generally a Front of House Manager). It is recognised as a Duty of Care issue. With this arrangement the theatre would also be able to recoup up to 80% of the wages for these staff.
There are also known and manageable risks with Council entering into a long term agreements for a community theatre. For Council, the major risks are:
1. Council’s ability to maintain the asset to theatre production standards.
2. Council’s commitment to a 10 year capital and reactive maintenance program for an ageing asset.
3. The failure to generate anticipated income from casual and external hirers the facility.
4. That the facility is not of an adequate standard to attract and retain professional productions
Identified works
The Soft Tread report identifies the following areas need immediate attention:
· Upgrade of building systems (electrical, mechanical and plumbing);
· Upgrade of theatre equipment, including lighting and sound equipment and provision of adequate drapery and in-house communications systems;
· General upgrade of theatre amenity, including Front of House (bar area, signage, toilets) and Back of House (dressing rooms, wardrobe area, office).
These works would develop the theatre to a standard that would accommodate professional productions and increased community access.
Council’s Building Services section conducted inspections of the Marian Street Theatre between October and November 2013 following the consultant’s concerns about building and lighting structures, as well as the electrical wiring around the stage area.
Following the inspections, it was discovered that the theatre was not operating to Australian Standards for rigging walkways in the roofing area, and electrical cables running from the patch boards failed due to no earthing.
Upon a further site inspection, it was found that the rear stage hoist was being utilised with a wooden platform and chains, which failed inspection and is not compliant.
Building Services has instructed that the above areas and components are not be operated or used under any circumstances, until the issues are addressed and resolved. The operation or usage of these items is considered to be high risk to public safety.
Further areas that failed inspection by Building Services and require immediate attention are detailed below.
The general housekeeping by the MSTYP management continues to be very poor - equipment and stage items that are potential safety hazards, are left lying around in change rooms and back of stage area.
This requires immediate attention, and a full equipment inventory and removal of unnecessary loose equipment, along with storage rationalisation, needs to be undertaken urgently.
The back of stage mezzanine floor and staircase has been poorly constructed and currently has stage equipment and various items stored around it.
It was also noted that staff have continued to chock open the fire doors in the central fire stairwell after being advised this was not to be done. This action breaches fire and BCA Regulations and heavy fines apply - these fire doors are not to be left open at any time.
The electrical cabling and equipment testing that was carried out by Council’s contractor on staging lighting and equipment identified 80 leads that were not earthed. The area has subsequently been required to be isolated as a short term solution only, until the electrical work is undertaken.
Council needs a defined involvement in ensuring the safety of staff, young people, children and audience in the theatre to completely divest any risk. Under the current Licence Agreement there is a lack of clarity about responsibilities, and funding for capital improvements.
This report recommends the MSTYP vacate the building immediately to allow for electrical and other works to commence. In order for contractors to undertake these works, the building should be fully vacated by the MSTYP. During works it would be necessary for the MSTYP to leave the venue as contractors would require shutting down the entire electrical system.
Once the theatre is vacated Council staff will be in a position to fully assess the theatre and estimate costs of upgrades to BCA standards ensuring a safe venue for the MSTYP and other community groups.
Council’s bookings staff will consult with MSTYP about other possible venues for hire during the time the works are being undertaken.
Council has already worked with MSTYP to ensure an immediate risk was managed following the recent inspections undertaken by JANDS, a specialist theatre company. JANDS was engaged to secure the over stage and auditorium lighting positions so the MSTYP productions could continue to be staged over the past few weeks.
Financial Considerations
Council has spent over $700,000 (including $292,000 grant funds) in the last 4 years on the Marian Street Theatre to meet the Place of Public Entertainment (Building Codes of Australia), acoustic and Disability Discrimination Act (DDA) requirements.
If Council resolves, as recommended in the Soft Tread report, to operate the Marian Street Theatre as a professional theatre venue with a professional program, including community hire, Council would need to subsidise the operation annually.
The likely Council subsidy would be up to $220,000 per annum. It is recommended that a further report come to Council in early 2014 with further details of this proposal.
In the meantime Council has been advised that immediate works should be undertaken to ensure safety of the MSTYP, their audiences and the community as follows:
Technical and Safety
Technical Upgrade of the theatre - $150,000 (inc. $75,000 grant funds)
Overstage safety and access - $72,000
Total - $222,000
Council has secured a Community Partnerships Program grant of $75,000 from the State Government, however this grant needs to be spent immediately. Council therefore should commence work as soon as possible, or the grant offer will be withdrawn.
A program of essential technical works totalling $150,000 is attached which would satisfy the grant criteria. Refer Attachment 3.
Social Considerations
The inclusion of a variety of events, productions and presentations provides a social outlet for the residents of Ku-ring-gai. The inclusion of a Morning Melodies type program aimed at retirees will give them an option close to home to meet regularly and enjoy company, especially for those who are isolated for one reason or another. With Ku-ring-gai’s ageing population and resultant decreased mobility, a local improved venue will present increased well-being within the community and quality of life.
Soft Tread has recommended further negotiations with a number of producers of theatre product including, Sport by Jove, who have developed a reputation in productions suitable for school curriculum works, and the Ensemble Theatre, Kirribilli, who have developed a reputation for excellent small scale productions that might fit well with the Marian Street Theatre.
Environmental Considerations
Any theatre will have both positive and negative impacts on the adjoining area. The improved facility will have greater impact in terms of the number of people attending the theatre, but this will be consistent with the original impact prior to 2001. The rear car park and street are already used by attendees for visits to MSTYP productions and the number of cars visiting the site will increase if the sustainability strategy is to become successful.
Community Consultation
Council is required to carry out public notification with any proposed changes in the existing DA Conditions.
Internal Consultation
Both Operations and Corporate staff have been consulted in relation to the building maintenance, service arrangements and finance aspects of the building.
Summary
Council has engaged theatre consultancy Soft Tread, to undertake an independent theatre study and provide recommendations for future management options for the Marian Street Theatre.
A number of significant BCA and safety matters have come to Council’s urgent attention as part of this study requiring the theatre to be closed for immediate work.
The Soft Tread report also recommends further upgrades to the theatre and the establishment of a sustainable management model that would ensure continued use of the theatre by MSTYP, plus the introduction of use by other partner theatre companies and community groups.
The Marian Street Theatre has the potential to become a vibrant community theatre offering a broad range of programs that meet the needs of Ku-ring-gai residents.
Firstly and most importantly Council must ensure the venue is operated in a safe and professional manner with the safety of staff performers and audience considered to current Work Health and Safety before progressing the new management model.
A report will come to Council in 2014 with further details about a Direct Management model for the theatre. The report will also contain details for a funding strategy for the additional capital works proposed in the consultant’s study.
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A. That Marian Street Theatre for Young People be given notice to vacate the building immediately so that the necessary BCA works can be undertaken to ensure safety of people using and attending the theatre.
B. That Council undertake to fund the essential capital, electrical and safety requirement upgrades to Marian Street Theatre of $222,000 including the $75,000 grant funds, as soon as possible, to ensure the safe operation of the theatre.
C. That Council staff consult with the MSTYP about possible Council venues for hire for the time that the works are being undertaken at the Marian Street Theatre.
D. That Council adopt a Direct Management model as the future operational and management model for the Marian Street Theatre. This model will ensure the continued operation of the MSTYP, access for community and professional performing arts, and other commercial bodies.
E. That staff report to Council in early 2014 with further details for a Direct Management model for the Marian Street Theatre. This report will include recommendations for theatre programming and partnership opportunities, marketing, staffing, technical management and financial considerations.
F. That staff report to Council in early 2014 with further details on a comprehensive funding strategy for the capital works proposed in this report. The report will include construction costs and possible funding sources available, including grant opportunities.
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|
Patrick Corrigan St Ives Precinct Co-ordinator |
Janice Bevan Director Community |
|
Mark Taylor Manager Community & Recreation Services |
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|
A1View |
Attachment 1 - Soft Tread Enterprises Draft Report |
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2013/163350 |
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A2View |
Attachment 2 - Soft Tread 2nd Report |
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2013/307513 |
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A3View |
Attachment 3 - Fit out of Marian Street Theatre Final |
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2013/279036 |
|
Ordinary Meeting of Council - 10 December 2013 |
GB.3 / 169 |
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|
|
Item GB.3 |
S09601 |
|
|
15 October 2013 |
Local Government
NSW Tourism Conference 2014
EXECUTIVE SUMMARY
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purpose of report: |
To advise Council of the Local Government NSW (LGNSW) 2014 Tourism Conference. |
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|
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background: |
The Conference will be co-hosted by Cessnock City Council with the support of major partner, Destination NSW, at the Crowne Plaza Hunter Valley from 10 – 12 March 2014. |
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comments: |
The theme for the 2014 Tourism Conference is ‘Harvesting the Value of Tourism’. |
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recommendation: |
That any Councillors interested in attending the LGNSW 2014 Tourism Conference advise the General Manager by 20 December 2013. |
Purpose of Report
To advise Council of the Local Government NSW (LGNSW) 2014 Tourism Conference.
Background
The Conference will be co-hosted by Cessnock City Council with the support of major partner, Destination NSW. The theme for the 2014 Conference is “Harvesting the Value of Tourism”. The Conference will be held from Monday 10 to Wednesday 12 March at the Crowne Plaza Hunter Valley.
Comments
The Conference will address tourism issues pertinent to elected representatives, council staff and industry professionals. Actual local government case studies will be discussed, and there will be opportunities to network with other Councillors and council professionals representing the areas of tourism, economic development, planning, infrastructure and services. The Conference will also be attended by representatives from Destination NSW and other tourism agencies.
A draft program has been designed on the following topics (Attachment 1):
* Destination Management Plans
* The Life Cycle of an Event
* Harvesting the Value of Tourism
* Short Term and Holiday Rentals
There will also be 3 site visits:
1. Kurri Kurri Town of Murals – visit a selection of outdoor murals
2. Creating Opportunities beyond the Obvious – heritage tourism experience
3. Hunter Valley Delights – diverse product mix to enhance the value of tourism to the destination.
The Conference is designed for Mayors, Councillors, General Managers and anyone working in or with Local Government whose role involves: tourism promotion and development, economic development, marketing, special events, media, community strategic planning, town planning and cultural services, and infrastructure provision.
Governance Matters
The Policy on Payment of Expenses and Provision of Facilities to Councillors provides for Council to meet the reasonable costs of Councillors attending conferences authorised by resolution of Council.
Risk Management
Not applicable
Financial Considerations
The cost for attending the Local Government NSW 2014 Tourism Conference is $583.00 and Early Bird registrations need to be registered by 27 January 2014.
Social Considerations
Not applicable
Environmental Considerations
Not applicable
Community Consultation
Not applicable
Internal Consultation
Not applicable
Summary
The Local Government NSW 2014 Tourism Conference will be held at the Crown Plaza Hunter Valley from 10 to 12 March. The theme for the conference is “Harvesting the Value of Tourism”.
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That any Councillors interested in attending the Local Government NSW 2014 Tourism Conference in the Hunter Valley from 10 to12 March advise the General Manager by 20 December 2013.
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|
Janice Bevan Director Community |
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|
A1View |
Local Government NSW Tourism Conference 2014 - Draft Program |
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2013/307142 |
|
Ordinary Meeting of Council - 10 December 2013 |
GB.4 / 175 |
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Item GB.4 |
S07489 |
|
|
14 November 2013 |
Licence to St Ives Football Club Inc -
New Warrimoo Oval Clubhouse
EXECUTIVE SUMMARY
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purpose of report: |
For Council to approve a 5 year licence to the St Ives Football Club Inc (The Club) for the new Warrimoo clubhouse facility at Warrimoo Oval, St Ives. |
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background: |
The Club had been using the old clubhouse at Warrimoo Oval for over 30 years and had agreed to surrender the building to Council on the condition that alternative accommodation was made available. |
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comments: |
The Club is a community based non-profit organisation that returns funds from its operations into the ongoing development and promotion of soccer at St Ives. |
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|
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recommendation: |
That Council approve the granting of a 5 year licence to St Ives Football Club Inc to use the new clubhouse facility at Warrimoo Oval, St Ives. |
Purpose of Report
For Council to approve a 5 year licence to the St Ives Football Club Inc (The Club) for the new Warrimoo clubhouse facility at Warrimoo Oval, St Ives.
Background
The property is known as part of DP 5-548- Warrimoo Avenue, St Ives.
Warrimoo Oval is Council owned land, classified Community Land and a categorised Sports Ground in accordance with Local Government Act 1993. The new Warrimoo Oval Clubhouse is situated on level land towards the western side of the oval, which is located at 161 Warrimoo Avenue, St Ives. (See Attachment A1).
The original Clubhouse was funded by the Club and Council in the 1970s. In 2012 Council acquired funding for the construction of a new clubhouse building and negotiated a transfer of St Ives Football Club from the old clubhouse into a new clubhouse which was to be constructed.
Council has previously budgeted funds for the relocation of St Ives Girls Guides and St Ives North Scouts away from St Ives Village Green to Warrimoo Oval to allow for the redevelopment of the youth precinct at the Village Green.
In early January 2012 Council invited tenders for the construction of a new clubhouse at Warrimoo Oval to accommodate the St Ives Football Club thus enabling the St Ives Girl Guides to occupy the former clubhouse.
The new clubhouse facility is larger than the old one being 175 sq.m. in area, comprising a meeting room, large and small storage rooms, a canteen and unisex/disabled toilet facilities. It was completed in June 2013.
Comments
St Ives Football Club Inc has over 900 registered members. The Club was granted a temporary occupation licence of the new clubhouse from 25 July 2013 to 31 December 2013. The Club was given early access so it could commence moving material from the old clubhouse, enabling Council to carry out renovation works inside the old clubhouse in readiness for the formal handover to the Girl Guides.
The Club has confirmed that it is prepared to share the use of the new clubhouse with other community groups at times that do not conflict with the Club’s football program throughout the year. The Club will utilise the new clubhouse almost exclusively during the winter season, however there will be a greater opportunity for other groups to use the premises during the summer off-season.
The Club has agreed to make the clubhouse meeting room available to other community groups for a minimum of 200 hours per calendar year. Under this agreed arrangement, other community groups would hire the meeting room as per Council’s approved Council’s Fees and Charges. The Club would then receive the hire fees to off-set the Club’s licence fees to Council and maintain the financial viability of the Club.
The Club was presented two (2) option models for the new 5 year licence. One option was for exclusive use at 50% rental rebate, the other was shared use at 70% rental rebate. The Club has chosen the shared option at 70% rental rebate.
Governance Matters
Under Section 47A of the Local government Act, Council is required to publicly notify its intention to enter a licence for a period of 28 days, and consider any submissions received regarding the proposal.
The proposed lease complies with Council’s Policy for Management of Community and Recreation Land and Facilities (the Policy). Under the Policy sporting groups are entitled to receive a maximum 80% rental rebate.
Risk Management
St Ives Football Club Inc is to procure $20 million Public Liability insurance. The Club is to fully indemnify Council against personal and property damage on the premises. Evidence of currency is to be supplied annually to Council.
Financial Considerations
The new clubhouse was constructed in 2012/2013 at a cost of $349,000. This was financed partly by a grant received from the NSW Government Community Building Partnership Scheme ($150,000) and partly from funds previously approved for the relocation of the Girl Guides from the Village Green.
The current market rental for the new clubhouse has been assessed as $17,500 per annum plus GST.
Under the former old clubhouse licence, the Club received an 80% rental rebate equating to $1,116.50 plus GST. Under the new licence agreement the Club has agreed to a rental of $5,250 per annum plus GST with 5% increases during for each successive year of the licence term.
To assist Council’s other community groups, the Club has agreed to hire the facility to other community groups at Council’s fixed hire rates, in accordance with Council’s approved rates and charges. These charges are substantially lower than market rates and will enable smaller community groups an opportunity to use the facility at times when it is not use by the Club.
Additionally, under this model, the Club will benefit from any hire income, thus enabling it to off-set the licence fee and provide regular financial income to further develop soccer programs and infrastructure at Warrimoo Oval.
For example, one of the Club’s major goals is to obtain enough funding for the acrylic re-surfacing of Warrimoo Oval. This will also improve the value of Council’s long term asset base at Warrimoo Oval.
The 70% rental rebate is considered reasonable in this instance due to the following:
1. It was at Council’s request that the Club was relocated from the old clubhouse into the new facility.
2. The market rental of the new clubhouse is significantly higher than that of the old clubhouse – this increase would have a significant impact on the not-for-profit Club.
3. The Club has made a financial contribution ($6,300) toward canteen in the new clubhouse.
The table below shows anticipated rental for the term of the licence and as included in the Draft Heads of Agreement.
|
Year |
Rebate Level |
Rental (excl GST) |
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Year 1 |
70% |
$5,250 |
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Year 2 |
70% |
$5,513 |
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Year 3 |
70% |
$5,788 |
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Year 4 |
70% |
$6,077 |
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Year 5 |
70% |
$6,382 |
The current rental received by Council is $1,116.50 per annum plus GST.
According to Council’s Policy for Management of Community and Recreation Land and Facilities, the licensee is required to pay Council’s legal and administrative costs.
Social Considerations
St Ives Football Club has been providing soccer development and competitions for young people in Ku-ring-gai LGA for over 40 years. The Club is the sole user of Warrimoo Oval, St Ives and is a primary sporting and community organisation in the local area.
The security of tenure for a further 5 years will enable the Club to continue its occupation at Warrimoo Oval with no disruption to current and future sports activities.
Additionally, the local community and community groups will benefit by having access to a new facility which will be available for meetings and small gatherings, particularly mid-week during day time hours.
Environmental Considerations
There are no environmental considerations associated with the granting of anew 5 year licence to the St Ives Football Club Inc.
Community Consultation
The site is classified as Community Land, and as such, a 28 days public notification is required in accordance with section 47 of the NSW Local Government Act.
No other consultation is required in conjunction with this report.
Internal Consultation
Intensive consultation has taken place between Council’s Strategy, Community and Operations Departments in the development of this new licence proposal for the St Ives Football Club Inc.
Summary
It is proposed that Council enter into a licence agreement with the St Ives Football Club Inc for a period of 5 years.
Club officials and staff have reached agreement on the rental and occupation terms for the proposed licence. The new licensing arrangement will enable the Club security for the next 5 years as well as an income stream from external community hirers.
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A. That Council grant a licence to St Football Club Inc to occupy the new Warrimoo Oval Clubhouse for a period of 5 years from 1 January 2014 to 31 December 2018 under the terms of the report.
B. That Council approve a 70% rental rebate of the market rental to St Ives Football Club Inc equating to $5,250 per annum plus GST, for the first year, with 5% increases for each successive year of the licence term.
C. That the St Ives Football Club Inc make available the meeting room and toilet facilities for hire by Council approved community groups for a minimum of 200 hours per calendar year.
D. That St Ives Football Club Inc hire the facility to approved community groups at the Council approved rates and charges under its sole management of activities.
E. That St Ives Football Club Inc be permitted to keep the fees from hirers to assist with the development of the Club activities.
F. That access to water, hot water and refrigeration utilities be made available to community groups in the hire of the facility.
G. That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.
H. That Council authorise the affixing of the Common Seal of Council to the Lease Agreement.
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|
Michael New Property Officer Recreational Facilties |
Mark Taylor Manager Community & Recreation Services |
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Janice Bevan Director Community |
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|
A1View |
Site Plan Warrimoo Oval - St Ives |
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2013/293702 |
|
Ordinary Meeting of Council - 10 December 2013 |
GB.5 / 181 |
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Item GB.5 |
S05273 |
|
|
13 August 2013 |
Review of Council's Investment Policy - 2013
EXECUTIVE SUMMARY
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purpose of report: |
To review Council's Investment Policy and recommend the adoption of a revised policy. |
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background: |
Council’s current Investment Policy was adopted on 21 April 2010. Changes to legislation governing investments necessitate that Council periodically reviews and updates its Investment Policy. |
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comments: |
Council has sought the advice of CPG Research & Advisory Pty Ltd in reviewing the Investment Policy. |
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recommendation: |
That Council adopts the revised Investment Policy. |
Purpose of Report
To review Council's Investment Policy and recommend the adoption of a revised policy.
Background
Council’s current Investment Policy was adopted on 21 April 2010.
Council currently has $94 million invested. Investment earnings are a significant source of revenue for Council and it is important that Council maximises returns on investments, whilst having due consideration of risk tolerance, liquidity and security.
Comments
Council has utilised its investment advisory firm CPG Research & Advisory in reviewing and updating the Investment Policy. A presentation by the investment advisors was held on 12 November 2013 with the Councillors. Council’s revised Policy is attached to this report
(Attachment A1).
Council must invest its funds in accordance with the Ministerial Investment Order. The Investment policy has been revised to specifically list the authorised and prohibited investments.
Authorised Investments are limited to those allowed by the Ministerial Investment Order as follows:
· Commonwealth / State / Territory Government securities e.g. bonds;
· Interest bearing deposits / senior securities issued by an eligible ADI;
· Bills of Exchange (no more than 200 days duration) guaranteed by an ADI;
· Debentures issued by a NSW Council under Local Government Act (1993);
· Deposits with T-Corp &/or Investments in T-Corp Hour-Glass Facility; and
· Existing investments grandfathered under the Ministerial Investment Order.
While Council may only invest in the above types of investment, for clarity the proposed investment policy prohibits the following types of new investment:
· Derivative based instruments;
· Principal only investments or securities that provide potentially nil or negative cash flow; and
· Standalone securities issued that have underlying futures, options, forwards contracts and swaps of any kind.
· Other investments excluded by the Ministerial Investment Order.
Other changes to the revised Investment Policy are:
· Investment ratings – Short - term ratings have been removed and long – term ratings will be used in order to remove ambiguity and provide a single criterion. Standard and Poor’s (S&P) ratings are required to be used, or Moody & Fitch Ratings when S&P are not available.
· Financial Institution rating – A new category has been created, which allows investments in “Top Level Banks”, which are an Approved Deposit Institution (ADI) or senior guaranteed principal and interest ADI securities issued by the major Australian Groups, including ADI subsidiaries. This would continue to allow investments in the major banks even if they were downgraded from AA, avoiding severe constraints in times of economic crisis.
· Discretion to vary the Policy – The current Investment Policy allows the General Manager to approve variations to the Policy if the investment is to Council’s advantage and/or due to revised legislation. This has been removed from the revised Policy and changes can only be made by resolution of Council.
· Delegations – Management Delegations have been specified under section (G) Delegations and Variation to Policy.
· Investment horizons – investment timeframes have been revised and aligned with the Delivery Program and Operational Plan.
· Risk management – Risk Controls have been identified and listed in the policy under Risk Management Guidelines section.
Governance Matters
Council’s Investments are made in accordance with the Local Government Act (1993), the Local (General) Regulation 2005, the Ministerial Investment Order and Council’s Investment Policy.
Risk Management
Council is required to adopt an Investment Policy consistent with the Ministerial Investment Order. The Ministerial Investments Order prescribes the forms of investment that Council can invest in.
The Investment Policy should identify all types of risks associated with making investment decisions. The Risk Management Guidelines section of the proposed Investment Policy identifies and defines these risks as follows: credit risk, liquidity risk, market risk, maturity risk, rollover risk.
All investments are made in accordance with Council’s Investment Policy with consideration of advice from Council’s appointed investment advisory, CPG Research & Advisory.
Financial Considerations
Investment income is a significant revenue source for Council and it is important that returns are
maximised, whilst having due consideration of risk tolerance, liquidity and security.
Social Considerations
Not applicable.
Environmental Considerations
Not applicable.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Summary
Council’s Investment Policy has been reviewed in consultation with CPG Research & Advisory
Pty Ltd. A revised Investment Policy is recommended for adoption.
A revised Investment Policy has been prepared for Council’s consideration (Attachment A1).
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A. That the attached revised Investment Policy be adopted by Council.
B. That Council’s Investment Policy be reviewed again within two (2) years, or earlier if emergent circumstances require it.
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Angela Apostol Manager Finance |
David Marshall Director Corporate |
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A1View |
Ku-ring-gai Council Revised Investment Policy - December 2013 |
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2013/307150 |
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APPENDIX No: 1 - Ku-ring-gai Council Revised Investment Policy - December 2013 |
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Item No: GB.5 |
Ku-ring-gai Council
Investment Policy
1. Purpose
The purpose of this document is to establish the framework within which investment principles are to apply to the investment of Council funds. It details:
· Council Funds covered by this Investment Policy Statement;
· Council’s objectives for its investment portfolio/s;
· how investments are to be undertaken;
· the applicable risks to be managed;
· any constraints and other prudential requirements to apply to the investments of Funds having regard to the applicable legislation and regulations governing Council investment;
· the manner in which compliance with the Policy will be monitored and reported;
· appropriate benchmarks for each category of investments.
2. Objectives
The purpose of this Policy is to provide a framework for the optimum investment of Ku-ring-gai Council’s Funds at the most favourable rate of interest available to it at the time to maximise returns, whilst having due consideration of risk tolerance, liquidity and security for its investments.
While exercising the power to invest, consideration is to be given to the preservation of capital, liquidity and the return of investment. Council therefore has several primary objectives for its investment portfolio:
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Doc distribution |
Internal only |
Doc status |
Draft |
File No |
S03537 |
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Document owner |
Dir Corporate |
Contact officer/s |
Directors |
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|
Approval date |
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Approved by |
Council Minute # 80 |
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|
Effective date |
12/11/13 |
Review period |
2 year |
Review date |
November 2013
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History of approved versions |
|||||
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Version |
Effective date |
Summary of changes |
|||
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1.0 |
28/08/07 |
Original |
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1.1 |
21/04/10 |
Revision following Ministerial Order 31/07/08 & DLG draft guidelines 2009 |
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1.2 |
10/12/ 13 |
Revised Minister’s Order, and updated risk / governance |
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· Compliance with legislation, regulations, the prudent person tests of the Trustee Act and best practice guidelines;
· The preservation of the amount invested;
· To ensure there is sufficient liquid funds to meet all reasonably anticipated cash flow requirements; and
· To generate income from the investment that exceeds the performance benchmarks mentioned later in this document.
3. Legislative Framework
All Council investments are to comply with the following:
· Local Government Act (1993);
· Local Government (General) Regulation (2005);
· Ministerial Investment Order dated 12/01/2011, and its successors;
· The Trustee Amendment (Discretionary Investments) Act (1997) – s14;
· Local Government Code of Accounting Practice and Financial Reporting;
· Australian Accounting Standards;
· Division of Local Government Investment Policy Guidelines; and
· Division of Local Government Circulars
4. Principles
4.1 Authorised Investments
All investments must be denominated in Australian Dollars.
Authorised Investments are limited to those allowed by the Ministerial Investment Order as follows:
· Commonwealth / State / Territory Government securities e.g. bonds;
· Interest bearing deposits / senior securities issued by an eligible ADI;
· Bills of Exchange (no more than 200 days duration) guaranteed by an ADI;
· Debentures issued by a NSW Council under Local Government Act (1993);
· Deposits with T-Corp &/or Investments in T-Corp Hour-Glass Facility; and
· Existing investments grandfathered under the Ministerial Investment Order.
4.2 Prohibited Investments
While Council may only invest in the above types of investment, for clarity, this investment policy prohibits the following types of new investment[1]:
· Derivative based instruments;
· Principal only investments or securities that provide potentially nil or negative cash flow; and
· Stand alone securities issued that have underlying futures, options, forwards contracts and swaps of any kind.
· Other investments excluded by the Ministerial Investment Order.
This policy also prohibits the use of leveraging (borrowing to invest) of an investment. However, nothing in the policy shall prohibit the short-term investment of loan proceeds where the loan is raised for non-investment purposes and there is a delay prior to the expenditure of loan funds.
Exclusion of an investment by replacement regulation would not normally require divestment unless specifically directed. Generally, existing holdings are grandfathered, and nothing in this Policy is intended to imply a presumption of divestiture. However, in such cases it is appropriate to formally review the investments affected, and formulate a strategic approach to maximising their value. The decision on when to exit such investments are based on a range of criteria specific to the investments – including but not limited to factors such as:
· Returns expected over the remaining term
· Fair values
· Competing investment opportunities
· Costs of holding
· Liquidity and transaction costs
· Outlook for future investment values
In general, it is expected that professional advice will be sought before transacting in “grandfathered” investments. The overriding principle used in dealing with grandfathered assets is maximising public interest (having regard to risk of the assets).
4.3 Risk Management Guidelines
Investments obtained are to be considered in light of the following key criteria:
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Preservation of Capital |
The requirement for preventing losses in an investment portfolio’s total value. |
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Credit Risk |
The risk that a party or guarantor to a transaction will fail to fulfil its obligations. In the context of this document it relates to the risk of loss due to the failure of an institution/entity with which an investment is held to pay the interest and/or repay the principal of an investment. |
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Diversification |
The requirement to place investments in a broad range of products so as not to be over exposed to a particular sector of the investment market. |
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Liquidity Risk |
The risk an institution runs out of cash, is unable to redeem investments at a fair price within a timely period, and thereby Council incurs additional costs (or in the worst case is unable to execute its spending plans). |
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Market Risk |
The risk that fair value or future cash flows will fluctuate due to changes in market prices, or benchmark returns will unexpectedly overtake the investment’s return. |
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Maturity Risk |
The risk relating to the length of term to maturity of the investment. The longer the term, the greater the length of exposure and risk to market volatilities. |
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Rollover Risk |
The risk that income will not meet expectations or budgeted requirement because interest rates are lower than expected in future. Deposits and bank securities are offered at a margin above a bank bill swap rate. The “rollover risk” for these securities is that the margins contract when the security matures and needs to be reinvested, thereby resulting in a reduction of income over time. |
4.4 Credit Ratings
The portfolio credit guidelines to be adopted will primarily reference the Standard & Poor’s (S&P) ratings system criteria and format - however, references in previous Minister’s Orders also recognises Moody’s and Fitch Ratings, and these may be used where an S&P rating is not available.
However, the primary control of credit quality is the prudential supervision and government support and explicit guarantees of the ADI sector, not ratings.
The maximum holding limit in each rating category (based on the investment’s own rating, where different to the issuer’s) for Council’s portfolio shall be:
|
Long-Term S&P Rating Range |
Maximum Holdings |
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AAA category |
100% |
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AA Category or Top Level bank* |
100% |
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A Category |
50% |
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BBB Category |
25% |
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Lower, and Unrated |
10% |
*For the purposes of this Policy, “Top Level Banks” are currently defined as:
The Approved Deposit Institution (ADI) deposit or senior guaranteed principal and interest ADI securities issued by the major Australian Banking Groups:
Ø Australia and New Zealand Banking Group Limited
Ø Commonwealth Bank of Australia
Ø National Australia Bank Limited
Ø Westpac Banking Corporation
including ADI subsidiaries (such as Bank of Western Australia Ltd) whether or not explicitly guaranteed, and brands (such as St George).
Council may ratify an alternative definition from time to time.
4.5 General Policy Guidelines
(A) Counterparty Limits
Exposure to individual counterparties/financial institutions will be restricted by their rating so that single entity exposure is limited, as detailed in the table below. It excludes any government guaranteed investments.
This table does not apply to any grandfathered managed fund or structured investment where it is not possible to identify a single counterparty exposure.
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Individual Institution or Counterparty Limits |
|
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Long Term S&P Rating Range |
Limit |
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AAA Category[2] |
40% |
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AA Category or Top Level bank* |
25% |
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A Category |
15% |
|
BBB Category |
10% |
|
Lower, and Unrated[3] |
3% |
(B) Accounting for Investments
Council will comply with appropriate accounting standards in valuing its investments and quantifying its investment returns.
In addition to recording investment income according to accounting standards, published reports may show a break-down of its duly calculated investment returns into realised and unrealised capital gains and losses, and interest.
Other relevant issues will be considered in line with relevant Australian Accounting Standards, such as discount or premium, designation as held-to-maturity or on a fair value basis and impairment (AASB136).
(C) Safe Custody Arrangements
Where necessary, investments may be held in safe custody on Council’s behalf, as long as the following criteria are met:
· Council must retain beneficial ownership of all investments;
· Adequate documentation is provided, verifying the existence of the investments at inception, in regular statements and for audit;
· The Custodian conducts regular reconciliation of records with relevant registries and/or clearing systems; and
· The Institution or Custodian recording and holding the assets will be:
Ø The Custodian nominated by TCorp for Hour-Glass facilities;
Ø Austraclear;
Ø An institution with an investment grade Standard and Poor’s, Moody’s or Fitch rating; or
Ø An institution with adequate insurance, including professional indemnity insurance and other insurances considered prudent and appropriate to cover its liabilities under any agreement.
· Council’s assets must be entirely separate, and not be mingled with the assets of the advisor or any other counterparty in a sub-account.
· Council will have regard to costs and other consequences of any arrangements.
(D) Performance Benchmarks
The performance of each investment will be assessed against the benchmarks listed in the table below.
It is Council’s expectation that the performance of each investment will be greater than or equal to the applicable benchmark by sufficient margin to justify the investment taking into account its risks, liquidity and other benefits of the investment.
It is also expected that Council will take due steps to ensure that any investment is executed at the best pricing reasonably possible.
|
Investment |
Performance Benchmark |
Time Horizon |
|
At-Call Account, short dated bills, deposits issued by financial institutions of appropriate term. |
UBS Bank Bill Index (BBI) |
Working Capital 3 months or less |
|
Term Deposits of appropriate remaining term, FRN’s nearing maturity. |
UBS Bank Bill Index (BBI) |
Short Current financial year
|
|
FRN’s, Bonds, Term deposits with a maturity date beyond the financial year and up to 4 Years. Grandfathered Income Funds. |
UBS Bank Bill Index (BBI) |
Medium 2 to 4 Years |
|
T-Corp Hour Glass Managed Funds |
Fund’s Internal Benchmark |
3 Years (M/T Growth) 4+ Years (L/T Growth) |
(E) Investment Time Frame
Council’s investment portfolio shall be structured around the time horizon of investment to ensure that liquidity and income requirements are met.
Once the primary aim of liquidity is met, Council will ordinarily diversify its maturity profile as this will ordinarily be a low-risk method of obtaining additional return as well as reducing the risks to Council’s income. However, Council always retains the flexibility to invest as short as required by internal requirements or the economic outlook.
The factors and/or information used by Council to determine minimum allocations to the shorter durations include:
· Council’s liquidity requirements to cover both regular payments as well as sufficient buffer to cover reasonably foreseeable contingencies;
· Medium term financial plans and major capex forecasts;
· Known grants, asset sales or similar one-off inflows;
· Seasonal patterns to Council’s investment balances.
|
Investment Horizon Description |
Investment Horizon - Maturity Date |
Minimum Allocation |
Maximum Allocation |
|
Working capital funds |
0-3 months |
10% |
100% |
|
Short term funds |
0-12 months |
30% |
100% |
|
Short-Medium term funds |
13-24 months |
0% |
70% |
|
Medium term funds |
25-48 months |
0% |
50% |
|
Long term funds |
49-120 months |
0% |
25% |
Within these broad ranges, Council relies upon assumptions of expected investment returns and market conditions that have been examined with its investment advisor.
Assets can back the longer durations to the extent that Council expects net portfolio drawdowns over the horizon will not result in those funds being required. This is based on the current term remaining, or the horizon of funds.
Investments that will not be drawn during the 4 year Delivery Program & Operational Plan can be allocated to long-term assets.
Council can at any time invest shorter than the projected drawdowns in the Delivery Program & Operational Plan – due to reasons of prudence, market conditions, relative value or availability of assets.
(F) Reporting
Documentary evidence must be held for each investment and details thereof maintained in an investment register. The documentary evidence must provide Council legal title to the investment.
For audit purposes, certificates must be obtained from the banks/fund managers/custodian confirming the amounts of investment held on Council’s behalf at 30th June each year.
All investments are to be appropriately recorded in Council’s financial records and reconciled at least on a monthly basis.
A monthly report will be provided to Council.
The report will detail the investment portfolio in terms of holdings and impact of changes in market value since the previous report – including investments divested during the financial year. However, reporting market values can be for information purpose only – it does not preclude use of a held-to-maturity accounting treatment where permitted by AASB139.
The monthly report will also detail the investment performance against the applicable benchmark, investment income earned versus budget year to date and confirm compliance of Council’s investments within legislative and policy limits.
Council may nominate additional content for reporting.
(G) Delegations and Variation to Policy
Authority for implementation of the Investment Policy is delegated by Council to the General Manager in accordance with the Local Government Act (1993).
The General Manager has in turn delegated the Director Corporate and the Manager Finance to make Council’s investment decisions who must ensure adequate skill, support and oversight is exercised in the investment of Council funds.
Officers’ delegated authority to manage Council’s investments shall be recorded and they are required to acknowledge they have received a copy of this policy and understand their obligations in this role.
(H) Prudent Person Standard
The investments will be managed with the care, diligence and skill that a prudent person would exercise. As trustees of public monies, officers are to manage Council’s investment portfolios to safeguard the portfolio in accordance with the spirit of this Investment Policy and not for speculative purposes.
(I) Ethics and Conflicts of Interest
Officers shall refrain from personal activities that would conflict with the proper execution and management of Council’s investment portfolio. This policy requires officers to disclose any conflict of interest to the General Manager.
Independent advisors are also to declare that they have no actual or perceived conflicts of interest and receive no inducements in relation to Council’s investments.
(J) Independent Advice
Council’s investment advisor is appointed by Council and must be licensed by the Australian Securities and Investment Commission – the role shall not extend beyond advice to a discretionary or dealing mandate. The advisor must be independent and must confirm in writing that they have no actual or potential conflict of interest in relation to investment products being recommended and is free to choose the most appropriate product within the terms and conditions of investment policy.
This includes receiving no commissions or other benefits in relation to the investments being recommended or reviewed, and having no involvement in the structuring or distribution. All remuneration received from investments must be rebated to Council in full.
5. Accountabilities
The General Manager, Director Corporate and Manager Finance have authority to invest surplus funds.
Officers are to exercise the care, diligence and skill that a prudent person would exercise in investing Council funds.
6. Associated Documents and Information
· The Code of Accounting Practice and Financial Reporting
· http://www.apra.gov.au/ADI/ADIList.cfm - current list of ADIs
7. Review of Policy
The Investment Policy will be reviewed every second year and as required in the event of legislative change or as a result of significantly changed economic/market conditions.
Any proposed amendment to the Investment Policy must be approved by Council.
APPENDIX
Definitions
|
Act |
Local Government Act, 1993. |
|
ADI |
Authorised Deposit-Taking Institutions (ADIs) are corporations that are authorised under the Banking Act 1959 (C’wlth) to take deposits from customers |
|
Bill of Exchange |
A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person, or to bearer. |
|
BBSW |
The Bank Bill Swap reference rate (BBSW) is the average of mid-rate bank-bill quote from brokers on the BBSW Panel. The BBSW is calculated daily. Floating rate securities are most commonly reset quarterly to the 90-day BBSW. |
|
Council Funds |
Surplus monies that are invested by Council in accordance with section 625 of the Act. |
|
Debenture |
A debenture is a document evidencing an acknowledgement of a debt, which a company has created for the purposes of raising capital. Debentures are issued by companies in return for medium and long-term investment of funds by lenders. |
|
DLG |
NSW Division of Local Government, Department of Premier & Cabinet. |
|
FRN |
A Floating Rate Note (FRN) is a medium to long term fixed interest investment where the coupon is a fixed margin (“coupon margin”) over a benchmark, also described as a “floating rate”. The benchmark is usually the BBSW and is reset at regular intervals – most commonly quarterly. |
|
Grandfathered |
Investments held by Council that were previously allowed under the Minister’s Order but were Grandfathered (i.e. eligible to retain but not add to or restructure existing investments) when the NSW State Government changed the list of Approved Investments as a result of the Cole enquiry reflected in the Ministerial Order dated 31/7/2008. |
|
LGGR |
Local Government (General) Regulation 2005 (NSW). |
|
NCD |
Is a short term investment in an underlying security being a negotiable certificate of deposit (NCD) where the term of the security is usually for a period of 185 days or less (sometimes up to 2 years). NCDs are often discount securities, meaning they are issued and on-sold to investors at a discount to their face value. |
|
ROA |
Responsible Accounting Officer of a council means a member of the staff of the council designated by the General Manager. (LGGR, clause 196) |
|
T-Corp |
New South Wales Treasury Corporation. |
|
UBS BBI |
UBS Australia calculates a daily Bank Bill Index representing the performance of a notional rolling parcel of bills averaging 45 days. |
|
Ordinary Meeting of Council - 10 December 2013 |
GB.6 / 195 |
|
|
|
|
Item GB.6 |
S05273 |
|
|
24 October 2013 |
Analysis of Land and Environment Court Costs - 1st Quarter 2013 to 2014
EXECUTIVE SUMMARY
|
purpose of report: |
To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2013. |
|
|
|
|
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 quarter ended 30 September 2013, Council’s legal and associated payments in relation to Land and Environment Court and other development control matters were $49,416 (excluding expenses incurred but not invoiced and paid). This compares with the annual budget of $1,079,800. |
|
|
|
|
recommendation: |
That the analysis of Land and Environment Court costs for the quarter ended 30 September 2013 be received and noted. |
Purpose of Report
To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2013.
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 (a development application is deemed to have been refused if it has not been determined within a period of 40 days or such longer period that may be calculated in accordance with the Act). An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders. Council is a respondent to such proceedings.
Comments
Appeals Lodged
In the three months to 30 September 2013, there were 4 new appeals lodged with the Land and Environment Court. The number of appeals received in prior years is as follows:
|
Financial year |
Number of appeals received (whole year) |
|
2009/2010 |
54 |
|
2010/2011 |
38 |
|
2011/2012 |
33 |
|
2012/2013 |
25 |
|
2013/2014 (as at 30 Sept 2013) |
4 |
The appeals commenced during the quarter ended 30 September 2013 concerned the following subject matters:
· Deemed refusal of proposed integrated housing development comprising 8 dwellings and associated community title subdivision;
· Deemed refusal of subdivision certificate;
· Refusal of demolition of existing structures and construction of eight (8) villa units with car parking, common facilities, and strata Sub-division;
· Deemed refusal of construction of new building for commercial use with specific details for the childcare centre, café and associated signage and the occupation and use of the complete building.
costs
For the quarter end as at 30 September 2013, Council made payments of $42,412 on appeals and associated expenses in relation to Land & Environment Court matters. In addition to expenditure on appeals, a further amount of $7,004 was spent in obtaining expert advice regarding development assessment matters resulting in total expenditure of $49,416. This compares with the annual budget of $1,079,800. These costs are made up of legal costs, fees charged by any consultants retained as expert witnesses and other costs incurred as a result of Council’s role in the proceedings. It should be noticed however that payments for the quarter do not reflect expenses incurred but not invoiced and paid.
For the same period, receipts of legal costs recovered were $5,000 compared to a year to date budget of zero.
|
Land & Environment Court Costs 2010/2011 - 2013/2014 |
|||||
|
Financial Year |
Total Costs |
1st quarter September |
2nd quarter December |
3rd quarter March |
4th quarter June |
|
2010/2011* (38 appeals lodged) |
$1,297,458 |
$333,219 |
$271,232 |
$256,486 |
$436,521 |
|
2011/2012* (33 appeals lodged) |
$1,396,006 |
$183,714 |
$314,271 |
$333,656 |
$564,365 |
|
2012/2013* (25 appeals lodged) |
$827,038 |
$172,245 |
$322,751 |
$180,126 |
$151,916 |
|
2013/2014 (4 appeals lodged) |
$42,412 |
$42,412 |
|
|
|
* Costs reported to Council in previous reports
SUMMARY BY WARD
A summary of the above Land & Environment Court costs by Ward for quarter end as at 30 September 2013 is shown in the following table:
Outcomes
At an early stage of each appeal, Council as respondent, is required to file with the Court a Statement of Facts and Contentions outlining the grounds which Council asserts as warranting refusal of a development, or alternatively, that may be addressed by way of conditions of consent.
In cases where issues raised by Council are capable of resolution by the provision by the applicant of additional information or amendment of the proposal, it is the Court’s expectation that this should occur. The Court’s current practice of listing appeals for a preliminary mediation conference before a Commissioner of the Court pursuant to section 34 of the Land & Environment Court Act, strongly encourages this.
In this context, any of three outcomes can be regarded as favourable, namely:
1. If the appeal is in relation to a deemed refusal of an application which, upon assessment, is appropriate for approval: that the development is determined by Council, allowing the appeal to be discontinued by the applicant and avoiding as much as is practicable the incurring of unnecessary legal costs;
2. If the issues raised by Council are capable of resolution by the applicant providing further information, or amending the proposal: that this occurs, so that development consent should be granted, either by Council or the Court;
3. If the issues raised by Council are either not capable of resolution or the applicant declines to take the steps that are necessary to resolve them: that the appeal is either discontinued by the applicant, or dismissed (refused) by the Court.
Four matters were concluded during the quarter. A favourable outcome was achieved in all matters, one of which was discontinued by the applicant. The other matters were resolved, in two cases by agreement reached in relation to an amended proposal, and in one by Orders made by the Court by consent in relation to an amended proposal.
Governance Matters
Under Section 428 of the Local Government Act 1993, Council is required to report legal costs, and the outcome of each case in its Annual Report.
Risk Management
Quarterly reporting of legal costs to Council together with information about the number, character and outcomes of proceedings enable ongoing oversight of this area of Council’s activity.
Financial Considerations
Land & Environment Court legal costs form part of Council’s recurrent operating budget.
Social Considerations
None undertaken or required.
Environmental Considerations
None undertaken or required.
Community Consultation
None undertaken or required.
Internal Consultation
This report has been developed with input from Council’s Corporate Lawyer, Director Corporate and Director Development & Regulation.
Summary
For the quarter ended 30 September 2013, Council made payments of $49,416 on Land & Environment Court appeals and other development control matters. This compares with the annual budget of $1,079,800. It should be noticed however that payments for the quarter do not reflect expenses incurred but not invoiced and paid.
For the same period, receipts of legal costs recovered was $5,000 compared to a year to date budget of zero.
|
That the analysis of Land and Environment Court costs for the year ended 30 September 2013 be received and noted.
|
|
Tony Ly Financial Accounting Officer |
Angela Apostol Manager Finance |
|
Jamie Taylor Corporate Lawyer |
David Marshall Director Corporate |
|
Michael Miocic Director Development & Regulation |
|
|
A1View |
Individual Case Summary September 2013 Quarter - Land and Environment Court Costs |
|
2013/279322 |
|
APPENDIX No: 1 - Individual Case Summary September 2013 Quarter - Land and Environment Court Costs |
|
Item No: GB.6 |
|
Ordinary Meeting of Council - 10 December 2013 |
GB.7 / 203 |
|
|
|
|
Item GB.7 |
CY00259/5 |
|
|
5 November 2013 |
Christmas/New Year Recess Delegations 2013/2014
EXECUTIVE SUMMARY
|
purpose of report: |
To grant appropriate Delegations during the Christmas/New Year recess period for 2013/2014. |
|
|
|
|
background: |
Council at its meeting of 26 November 2013 adopted a meeting cycle for 2014. Council’s last meeting of 2013 will be held on 10 December 2013 with the first meeting of 2014 being held on 4 February 2014. Thereby delegations are required to be granted during the Christmas/New Year recess period for 2013/2014. |
|
|
|
|
comments: |
The Christmas/New Year recess period is from the last Council meeting on 10 December 2013 until meetings resume on 4 February 2014. During this period, it is customary to grant Delegated Authority to the Mayor, Deputy Mayor and the General Manager. |
|
|
|
|
recommendation: |
The appropriate Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2013/2014. |
Purpose of Report
To grant appropriate Delegations during the Christmas/New Year recess period for 2013/2014.
Background
Council at its meeting of 26 November 2013 adopted a meeting cycle for 2014. Council’s last meeting of 2013 will be held on 10 December 2013 with the first meeting of 2014 being held on 4 February 2014. Thereby delegations are requiring to be granted during the Christmas/New Year recess period for 2013/2014.
It is customary for Council to grant appropriate Delegations of Authority to the Mayor, Deputy Mayor and to the General Manager during this recess period.
Comments
The Christmas/New Year recess period is from the last Council meeting on 10 December 2013 until meetings resume on 4 February 2014. During this period, it is customary to grant Delegated Authority to the Mayor, Deputy Mayor and the General Manager.
These Delegations of Authority will assist in the smooth functioning of the Council during the Christmas/New Year recess for 2013/2014.
Governance Matters
It is Council’s usual practice to grant delegated authority to exercise all powers, authorities, duties and functions of Council, except those set out in Section 377 of the Local Government Act 1993, during the Christmas/New Year period. This year that period is from the 10 December 2013 to 4 February 2014.
Risk Management
There are no major risks associated with the recommendations in this report.
Financial Considerations
There are no financial considerations associated with this report.
Social Considerations
There are no social considerations associated with this report.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Summary
Council at its meeting of 26 November 2013 adopted a meeting cycle for 2014. Council’s last meeting of 2013 will be held 10 December 2013 with the first meeting of 2014 being held on 4 February 2014. Thereby delegations are requiring to be granted during the Christmas/New Year recess period for 2013/2014.
It is customary for Council to grant appropriate Delegations of Authority to the Mayor, Deputy Mayor and to the General Manager during this recess period.
The Christmas/New Year recess period is from the last Council meeting on 10 December 2013 until meetings resume on 4 February 2014. During this period, it is customary to grant Delegated Authority to the Mayor, Deputy Mayor and the General Manager.
These Delegations of Authority will assist in the smooth functioning of the Council during the Christmas/New Year recess for 2013/2014.
|
A. That the following Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2013/2014 as follows;
1. That the Mayor (Councillor Jennifer Anderson), the Deputy Mayor (Councillor Elaine Malicki), and the General Manager (John McKee), be granted authority to exercise all powers, authorities, duties and functions of Council except those set out in Section 377 of the Local Government Act 1993 during the period 11 December 2013 to 3 February 2014, subject to the following conditions:
a. Such powers, authorities and functions may only be exercised by unanimous agreement between the Mayor, Deputy Mayor and General Manager.
b. Any such power, authority, duty or function shall only be exercised by the Mayor, Deputy Mayor and General Manager jointly where they are of the opinion that the exercise of any such power, authority, duty or function could not be deferred until the meeting of Council on 4 February 2014.
B. That consultation, subject to their availability, be held with Ward Councillors on matters where they would normally be contacted, before delegation is exercised.
|
|
Matt Ryan Manager Records & Governance |
David Marshall Director Corporate |
|
Ordinary Meeting of Council - 10 December 2013 |
GB.8 / 206 |
|
|
|
|
Item GB.8 |
S02080 |
|
|
28 November 2013 |
Review of Council Committees
EXECUTIVE SUMMARY
|
purpose of report: |
To provide recommendations on Council’s Committee structure following consideration at the Councillor Workshop in November 2013. |
|
|
|
|
background: |
Council may establish Reference and Advisory Committees to provide a mechanism by which interested residents and experts can play an active role in the formulation of council policy, direction and practice. |
|
|
|
|
comments: |
Following consideration at the recent Councillor Workshop in November 2013, it is proposed to reinstate the Heritage Reference Committee and hold bi-annual Forums for Environment/Bushland and Sporting Groups. |
|
|
|
|
recommendation: |
That Council reinstate the Heritage Reference Committee with meetings to recommence in 2014 and that Council elect two (2) Councillors to the Heritage Reference Committee, one being the Chairperson and one being the Deputy Chairperson and that Council call Expressions of Interest for external members of the Heritage Reference Committee and report back to Council and that Council hold bi-annual forums for the Environment/Bushland and Sporting Groups to commence in 2014.
|
Purpose of Report
To provide recommendations on Council’s Committee structure following consideration at the Councillor Workshop in November 2013.
Background
Council may establish Reference and Advisory Committees to provide a mechanism by which interested residents and experts can play an active role in the formulation of council policy, direction and practice.
Comments
In accordance with Section 355 of the Local Government Act 1993 (the Act), Council is able to establish Reference and Advisory Committees. Such Committees must have clearly articulated functions, can involve members of the community and industry experts and should they be given any delegation these must be specified and consistent with the Act and the Local Government (General) Regulation 2005 (the Regulation).
Committees involving the public can make recommendations, but are not able to make binding decisions. However Council can grant delegations to specific committees in order to exercise certain functions pursuant to Section 377 of the Act. All committee members are subject to Council’s adopted Code of Conduct and Code of Meeting Practice.
Council currently has the following Committees;
- Local Traffic Committee
- Audit and Risk Committee
- Flood Risk Management Committee
- Economic and Social Development Advisory Committee
Following consideration at the recent Councillor Workshop held in November 2013, additional Committee/Forums are proposed for inclusion in the current Committee structure, as follows:
Heritage Reference Committee
· the reinstatement of a Heritage Reference Committee. This Committee previously existed in the Committee structure but was not adopted in October 2012 by the current Council. As a result of the discussions at the workshop it is proposed that the reinstatement of the Heritage Reference Committee would assist the Council in relation to heritage issues in the local government area.
The following Terms of Reference are proposed for the Heritage Reference Committee:
Role of the Committee: the Heritage Reference Committee provides advice to Council on heritage matters and provides assistance to Council in promoting an understanding and appreciation of heritage through specific activities and events. The objective of the Committee is to conserve the identity of Ku-ring-gai.
Membership: the Committee’s membership consists of two (2) Councillors, one (1) community representative who is a resident of Ku-ring-gai and one (1) representative from each of the following organisations;
- National Trust of Australia
- Ku-ring-gai Historical Society
- Royal Australian Institute of Architects (RAIA)
Quorum: The quorum consists of half of the Committee members plus one, which one of whom must be a Councillor.
Delegation: No delegation. Recommendations from this Committee may be submitted to the next Ordinary Meeting of Council.
Meeting Frequency: As required, to be determined by the Chairperson.
Voting: Recommendations are made by a majority vote of Committee representatives.
Environment/Bushland and Sporting Group Forums
· It is proposed that forums are held on a bi-annual basis with environment/bushland and sporting groups. These forums will provide the opportunity for members of the community to provide input into matters related to the environment, bushland and sports and recreation issues.
Governance Matters
Reference and Advisory Committees provide a mechanism by which interested residents and experts can play an active role in the formulation of council policy, direction and practice. These Committees are an important link in Council’s communication strategy with the community and are supported via other community consultative methods.
Under the Local Government Act 1993, Council is able to delegate some of its functions to a committee of Council. The Committee and Forums referred to in this report are not recommended to have delegated authority given to them and therefore they would serve to provide recommendations and advice for Council.
Reference and Advisory Committees are established under Section 355 of the Local Government Act 1993.
Risk Management
There are no major risk management considerations associated with the recommendations in this report.
Financial Considerations
The creation of a new Committee and Forums will require resources for administration and facilitation.
Social Considerations
There are no major social considerations associated with the recommendations in this report.
Environmental Considerations
There are no major environmental considerations associated with the recommendations in this report.
Community Consultation
None undertaken or required.
Internal Consultation
Proposals were discussed at the recent Councillor/Staff Workshop.
Summary
Council may establish Reference and Advisory Committees to provide a mechanism by which interested residents and experts can play an active role in the formulation of council policy, direction and practice.
Council has previously established the current Council Committee structure as follows;
· Ku-ring-gai Traffic Committee
· Audit and Risk Committee
· Flood Risk Management Committee
· Economic and Social Development Advisory Committee
At the recent Councillor Workshop, the Committee structure was considered and the following additions are proposed;
· Heritage Reference Committee
· Bi-annual forums for Environment/Bushland and Sporting Groups
|
A. That Council reinstate the Heritage Reference Committee with meetings to recommence in 2014.
B. That Council elect two (2) Councillors to the Heritage Reference Committee, one being the Chairperson and one being the Deputy Chairperson.
C. That Council call Expressions of Interest for external members of the Heritage Reference Committee and report back to Council.
D. That Council hold bi-annual forums for the Environment/Bushland and Sporting Groups to commence in 2014.
|
|
Matt Ryan Manager Records & Governance |
David Marshall Director Corporate |
|
Ordinary Meeting of Council - 10 December 2013 |
GB.9 / 210 |
|
|
|
|
Item GB.9 |
DA0094/13 |
|
|
20 November 2013 |
development application
Summary Sheet
|
Report title: |
12 and 14 Cecil Street, Gordon. Retention and Modification of the Existing Heritage-listed Dwellings, Construction of a Five Storey Residential Flat Building containing 37 Apartments over Two Levels of Basement Car Parking |
|
ITEM/AGENDA NO: |
GB.9 |
|
Application No: |
DA0094/13 |
|
Property Details: |
12 & 14 Cecil Street Gordon Lot & DP No: Lot 7 DP 392997 and Lot 1 DP 389743 Site area: 3907m2 Zoning: R4 High Density Residential |
|
Ward: |
|
|
Proposal/Purpose: |
Retention and modification of the existing heritage listed dwellings and construction of a five storey residential flat building containing 37 apartments over two levels of basement car parking.
|
|
Type of Consent: |
Local |
|
Applicant: |
Mackenzie Architects International |
|
Owner: |
Mr Scott Ruhfus, Ms Marilyn Fae Braine, Ms Donna Jean McIntosh |
|
Date Lodged: |
26 March 2013 |
|
Recommendation: |
Approval. |
Purpose of Report
The purpose of this report is to determine DA0094/13. The matter is reported to Council and not the JRPP as the proposed development is a residential flat development with a capital investment value of less than $20 million.
History
Site
PRE0033/11 – A Pre DA consultation meeting for alterations to the existing dwellings and the construction of a residential flat building was held on 4 April 2011.
DA0304/11 – A development application for alterations to the existing dwellings and the construction of a residential flat building was lodged on 17 June 2011. The application was withdrawn on 12 August 2011 due to the Ku-ring-gai LEP (Town Centres) 2011 being declared invalid by the Land and Environment Court and the proposal being prohibited by the KPSO.
DA History
26 March 2013 DA0094/13 is lodged.
12 April 2013 Application notified.
8 May 2012 Council officers advised the applicant of outstanding issues relating to:
· floor space ratio
· heritage
· SEPP 65
· solar access
· privacy
· adaptable housing
· visitable housing
· drafting errors
· parking, access and traffic
· stormwater management
· landscaping
10 September 2013 Amended plans and additional information were submitted.
1 October 2013 Council officers advised the applicant of outstanding issues relating to:
· floor space ratio
· heritage
· setbacks
· overshadowing
· solar access
· apartment design
· accessibility
21 October 2013 Amended plans and additional information submitted.
25 October 2013 Council officers advised the applicant of outstanding issues relating to:
· apartment size
· acoustic privacy
1 November 2013 Amended plans were submitted
The Site
Site description
The subject site is comprised of two allotments known as 12 & 14 Cecil Street Killara. No. 12 Cecil Street is an 2004m2 allotment with a frontage of 27.43 metres. The site falls between 5 metres and 6 metres from north to south and between 1 metre and 1.5 metres from west to east. No. 12 Cecil Street contains a heritage listed Queen Anne Federation period house which was constructed between 1904 and 1905. There is a timber picket fence on the front boundary and a driveway crossing at each end of the front boundary. A ‘U’ shaped bitumen driveway is located in the front setback area and links the two openings. The western portion of the bitumen driveway continues along the western boundary, past the dwelling and into a detached double carport located behind the dwelling. Ancillary structures located on the site include an in-ground swimming pool and two metal sheds.
No. 14 Cecil Street is an 1897m2 allotment with a frontage of 27.43 metres and depth of 69 metres. The site falls to the rear and also contains a single storey heritage listed (Queen Anne Federation period) dwelling constructed in 1905. The dwelling has a hipped, gabled and pitched roof clad in unglazed terracotta tile finished with terracotta ridge capping and horns. The eaves are wide, timber lined and have exposed timber rafters. There are multiple chimneys with terracotta chimney pots. The dwelling sits on a base of sandstone blockwork. The allotment originally extended from Cecil Street to Bruce Avenue but was subdivided into two allotments in 1954. The allotment with frontage to Bruce Avenue (2-8 Bruce Avenue) now contains a residential flat building. Ancillary structures located on the site include a tennis court which was constructed between 1905 and 1923, a timber pergola/carport located in front of the dwelling and a carport attached to the western side elevation of the dwelling. The site does not have a front fence.
Surrounding development
Land at the eastern end of Cecil Street, between Henry Street and the Pacific Highway, is zoned a mix of residential and special uses. The southern side of the street, which currently contains a church, a residential flat building and six dwelling houses, is zoned R4 High Density Residential and R3 Medium Density Residential. The northern side of Cecil Street is zoned SP2 Infrastructure and contains buildings and land associated with Ravenswood School for Girls. The site is located to the south of the Gordon town centre, the walking distance from the site to the pedestrian entrance of Gordon train station is approximately 620 metres.
Five allotments directly adjoin the development site. The adjacent property to the west is 6 Cecil Street which contains a five storey residential flat building development and has frontage to Cecil Street and the Pacific Highway. The adjoining site to the east is 10 Cecil Street, which contains a dwelling house. Two properties adjoin the rear boundary of the development site. No. 8A Bruce Avenue contains a dwelling house and Nos. 2-8 Bruce Avenue contain a five storey residential flat building development. The south-eastern corner of the subject site adjoins the north-western corner of 10 Bruce Avenue which contains a dwelling-house that is part of an attached dual occupancy development.
The Proposal
The proposal is to retain and modify the existing heritage listed dwellings and construct a five storey residential flat building at the rear of the site over two levels of basement car parking. The driveway for the residential flat building is to be located between the eastern side boundary of the site and the western elevation of 12 Cecil Street. The proposed residential flat building contains 9 x 1 bedroom apartments, 27 x 2 bedroom apartments and 1 x 3 bedroom apartment. The basement contains 54 car spaces. The proposed car parking for the existing dwellings consists of two car spaces in the basement and a hardstand car space to the side of each dwelling. Vehicular access from Cecil Street to the basement car park is via a 3 metres wide driveway adjoining the north-eastern side boundary.
Consultation
Community
In accordance with the notification requirements of the Local Centres DCP, owners of surrounding properties were given notice of the application. In response, Council received submissions from the following:
1. Linda Lu 832/2-8 Bruce Avenue Killara
2. Ravenswood School for Girls Henry Street Gordon
3. Desiree Clancy 16 Cecil Street Gordon
4. Dr Jacqueline V. Laveau-Harvie 39/16 Cecil Street Gordon
5. Belinda Yuille 14/16 Cecil Street Gordon
6. Gordon Uniting Church 18 Cecil Street Gordon
7. Mary Hunter 15/16 Cecil Street Gordon
8. Elizabeth Young 47/16 Cecil Street Gordon
9. Rodney & Maureen Fox 16 Cecil Street Gordon
10. Catherine Liu 21/16 Cecil Street Gordon
11. Chris, Wendy and Vivien Fung 22/16 Cecil Street Gordon
12. Linda Lam-Rohlfs 5/16 Cecil Street Gordon
13. Jouw Erwin, Elsje Rusli and Jouw Adeling 10/16 Cecil Street Gordon
14. Rolf W and Marjorie Beck 20/16 Cecil Street Gordon
15. Francisco Cheong 23/16 Cecil Street Gordon
16. CK Cheong & SKEC Cheong 32/16 Cecil Street Gordon
The submissions raised the following issues:
The number of car spaces does not comply with the requirements of the DCP
The number of car spaces complies with the requirements of the Local Centres DCP and Council’s Development Engineer raised no concern in this regard.
The driveway for the development is located opposite the Ravenswood Staff and Teaching Centres and adjacent to 4, 6, 8 & 10 Cecil Street which are owned by Ravenswood and are planned to be used for school related activities. The driveway should be relocated to the side boundary or between the two heritage houses.
The location of the proposed driveway is opposite No. 2 Henry Street which contains an enclosed playground used by Ravenswood School for Girls. The location of the proposed driveway is appropriate as it will have minimal impact on the heritage significance of Nos 12 and 14 Cecil Street. A driveway located between the heritage listed dwellings would have a significant impact on the setting of the heritage items. The driveway cannot be relocated to the western side boundary as is would require the partial demolition of the heritage listed dwelling at 14 Cecil Street.
The development, together with the proposed Gordon Transport Interchange, will generate construction vehicle traffic which will severely impact the school and compromise safety.
Council’s Development Engineer has advised that the construction traffic management plan submitted with the application is acceptable. An application for permissible development cannot be refused for the reason that construction of the development will generate additional construction vehicle traffic.
Traffic lights should be installed along the basement ramp.
Council’s Development Engineer has advised that the development will generate low levels of traffic and the provision of passing bays at both ends of the basement driveway and convex mirrors will allow for suitable vehicular access to and from the basement carpark. Traffic lights are considered to be unnecessary in this instance.
The design of the car park should comply with Australian Standard AS2890.1-2004. Car parking for visitors, disabled parking and bicycles should be provided.
Council’s Development Engineer has advised that the only departure from the recommendations of the Australian Standard is the width of the basement driveway. The basement driveway is 3 metres wide, generally basement driveways are required to have a minimum width of 5.5 metres. The Australia Standard states that, subject to consideration of traffic volumes, a driveway width of less than 5.5 metres may be provided. The variation to the driveway width requirement is considered acceptable as the number of car spaces in the basement is low, the site is within walking distance of a train station and the driveway width is constrained by the location of the existing heritage buildings.
As a result of the additional traffic generated by the development, Ravenswood requests that a school pedestrian crossing be constructed in Cecil Street , a roundabout be constructed at the corner of Cecil Street and Henry Street and a drop-off zone be provided on the eastern side of Henry Street with a pedestrian crossing.
The decision of the NSW Court of Appeal in Fairfield City Council v N & S Olivieri Pty Ltd established the principle that Section 94 of the Environmental Planning and Assessment Act 1979 is the exclusive power for conditions which require monetary contributions or dedication of land. If upgrades to the road network are required as a result of increased traffic generated by the higher density development permitted by Ku-ring-gai LEP (Local Centres) 2012 these upgrades will be funded (in part) by the section 94 contributions which are required to be paid by the developer (Condition 47).
During construction a safe pedestrian crossing should be provided from Ravenswood school to the Gordon Uniting Church, from the Ravenswood adventure playground and kindergarten to the Ravenswood after school care facility at 6 Cecil Street, on street parking spaces should be available for the drop off and collection of students, construction staff should not be permitted to park in Cecil Street and heavy vehicles should not be permitted to access the site between 7.45 - 8.30am and 2.30 - 3.45pm.
There is an existing signalised pedestrian crossing in Cecil Street at its intersection with the Pacific Highway, however in consideration of the requirements of the existing land uses in Cecil Street the following conditions have been recommended:
· A construction traffic management plan which requires traffic controllers to be present at the site entry and exit to control truck movements and maintain pedestrian safety (Condition 13).
· A prohibition on truck movements during the Ravenswood drop-off and pick-up times (Condition 13).
· A No Parking restriction in Cecil Street during school drop-off and pick up times. This will permit students to be dropped off and collected and will be additional to the existing No Parking zone – and a 4 hour restriction between, which will permit parking by visitors to the school, but not all-day parking by construction workers (Condition 7).
Clear sight lines and appropriate setbacks should be provided at the entrance to the development.
The landscape plan shows a 2.5x2.0 metres splay on the western side of the driveway with low planting, this complies with the Australian Standard for off street car parking.
The development will result in additional traffic which will reduce safety for pedestrians
The zoning of the site allows for increased density and a consequence of increased density is increased traffic. Refusal of the application for the reason of increased traffic could not be sustained as increased traffic is an inevitable consequence of increased density. Prior to the construction of the development a section 94 contribution which will be used (in part) to fund road upgrade works will be required to be paid to Council.
The proposed five storey building is an overdevelopment of the site.
The height of the proposed development is consistent with the 17.5 metres building height limit which applies to the site under Ku-ring-gai LEP (Local Centres) 2012. It would be unreasonable to refusal a proposal which complies with the height limit for the reason that the height is excessive.
The proposed development with have a negative impact on the heritage items located on the site.
The zoning of the site allows for the construction of a residential flat building. The impact of the development on the significance of the heritage items is considered acceptable by Council’s Heritage Advisor.
Construction noise will affect nearby residents.
The issue of construction noise can be satisfactorily addressed through conditions requiring the preparation and implementation of a construction noise management plan and compliance with Australian Standards for construction noise on building sites (Conditions 23 & 53).
The development will lower the property values of the apartments in 16 Cecil Street
The impact of a development on property values is not an issue that can be considered in the assessment of a development application.
The development will reduce privacy for the bedrooms of the apartments in 16 Cecil Street which face the development site
The Local Centres DCP requires a minimum side setback of 6 metres for storeys 1-4 and 9 metres for storeys 5 and above. The proposed development complies with these setback requirements. The Local Centres DCP requires a minimum separation distance of 12 metres for storeys 1-4 and 18 metres for storeys 5 and above. The proposed development complies with these separation distance requirements.
The development will reduce solar access to the bedroom, living, area and balconies of the apartments in 16 Cecil Street which face the development site.
As the development is located to the east of the residential flat building at 16 Cecil Street it will result in overshadowing of two apartments on the ground and first floor levels of 16 Cecil Street between 9am and 10am on the winter solstice. The overshadowing is a result of the orientation of the site and could only be avoided if the height of the proposed development was reduced from five storeys to three storeys. The building height control which applies to the site is 17.5m and the height of the building is 15.5m. A three storey building requires a building height of at least 11.5m. The overshadowing of two apartments is considered acceptable as it would be unreasonable to require that the height of the building, which is already 2 metres lower than the building height development standard, be further reduced.
The development will result in a loss of views for the apartments in 16 Cecil Street
The development will change the views from the apartments at 16 Cecil Street, however the change in view from a single dwelling to a residential flat building is consistent with the zoning of the site that permits residential flat buildings.
Construction activities can result in significant air quality and dust problems
The issue of dust generated during construction work is addressed by Condition 56.
The single lane driveway for the basement carpark will result in vehicles queuing on Cecil Street
Based on the RTA Guide to Traffic Generating Developments, the total weekday peak hour traffic generation of the development will be less than 20 vehicles per hour. Since a trip is a one way movement, in the afternoon peak this is expected to break down to approximately 14 vehicles in and 6 vehicles out (70/30 split) – equivalent to one vehicle in every 4 minutes and one out every 10 minutes. There will be adequate opportunities for vehicles in Cecil Street to enter the driveway ramp and queuing is unlikely to occur on a regular basis.
AMENDED PLANS
Amended plans were submitted on 10 September 2013, 21 October 2013 and 1 November 2013 in response to issues raised by staff during the assessment of the application. In accordance with the provisions of the Notification DCP, it was considered unnecessary to notify the amended plans given that the changes would not cause any greater impacts on the streetscape and/or neighbouring properties than the original proposal
Within Council
Urban design
Council's Urban Design Consultant undertook an assessment of the original proposal against the design quality principles of SEPP 65 (Design Quality of Residential Flat Development) (Attachment 3) and recommended that the following issues be addressed:
The density and height are satisfactory but the form requires design changes including:
· simplify the plan and sections
· provide generous clear entrances and lobbies
· introduce a plinth line to relate the building to the ground plane
· scale the apartment building into horizontal and vertical elements so that it is well proportioned
· reflect the orientation in the elevation
· integrate the roof with the building form
· remove the arbour
· simplify the pathways
· use different fencing for the two front properties
· retain the dwellings as family houses within the development or as small lot torrens title dwellings
Council’s Urban Design Consultant provided the following comments on the amendments that have been made to the application to address these issues:
Simplify the plan and sections
· the plan and sections have been have been simplified and rationalised so that the mass of the building has fewer indentations in both plan and section
· the two wings on the north have straight front walls and balconies rather than indentations
· the western wall has one wider indentation rather than two narrow indentations
· the changes in plan direction are related to simplified internal planning
· the openings are grouped so that they relate to the proportions of the external vertical and horizontal elements
Provide generous clear entrances and lobbies.
· The entrance lobbies have a more direct access externally [described below] and have been widened internally. This has enabled the repositioning of the entrance doors so that access from the front door is not directly outside the lift doors. An area for waiting and alighting from the lift is now available in the entrance lobbies. The upper levels all have waiting areas.
Introduce a plinth line to relate the building to the ground plane.
· The overall proportions have now been resolved so that the building has a base that uses horizontal detailing to ‘seat’ the building on the ground in a convincing way. This design approach responds to the principle of the plinth as found in the heritage dwellings. This has eliminated the need for a separate plinth line.
Scale the apartment building into horizontal and vertical elements so that it is well proportioned.
· The proportions of the building have been organised at two scales. The first scale of organisation is the one that relates to the division of the overall mass of the building into two parts with different floor levels and the articulation of these masses into broad horizontal and vertical elements.
· The second scale of organisation is the division of these larger elements into a finer grain by the placement and proportions of windows, doors and balustrade treatment.
· The four lower levels are integrated by the use of a brick wall as a semi-continuous base for the building. The brickwork terminates in a brick parapet line that emphasises horizontality. Framed elements protrude from this background wall so that the articulation is no longer arbitrary but consistent, simple and logically related to the internal uses.
· The northern elevation has been organised into four elements of four storeys linked by the two recessed entrance vertical elements rather than seven elements in which the vertical circulation was not expressed .The southern elevation has been organised into four rather than nine elements of four storeys, linked by the two recessed vertical elements that provide access doors to the garden. The eastern elevation has been organised into a three storey horizontal element and a one storey fourth floor horizontal element so that it is articulated with strong horizontal lines at both Level 3 and Level 4. The western elevation has been organised into three rather than five vertical elements of four storeys.
· The horizontal differentiation is created by the organisation of the plan and section, the location and arrangement of the windows, the use of small concrete projections combined with changes of materials that relate to the plan and sections.
· These changes are possible because of the rationalisation of the plan and the sections. They have ensured that the proportions of the vertical elements are not overly narrow [a concern with the previous design]. This massing combined with the horizontal lines reduces the overall ‘apparent’ bulk and height of the building, and it minimises the visual impact and relates the building to the ground plane.
Reflect the orientation in the elevation
· There is little difference in the design related to the orientation. There are more balconies on the northern side and only one on the southern side. The entrance doors and vertical circulation is evident on the northern and the southern elevations. This is an improvement in terms of legibility and the use of the vertical elements as structuring elements.
Integrate the roof with the building form
· The roof has been integrated with the building form. This has been achieved by using the flat roof with eaves on the top level and treating this upper level in a different way from the lower levels. The roof element around the penthouse has been removed and replaced with a terrace and a parapet.
· This has the effect of minimising the apparent height of the upper level because of the ‘cut off’ of the parapet. The building then clearly appears to be four levels with a fifth level set back. The overall “apparent height” of the building is reduced.
Remove the arbor
· The arbor has been removed
Simplify the pathways
· The pathways have been rationalised so that there is a direct linear pathway to the rear apartment building. This is located not centrally but slightly to the west. This asymmetrical and less formal approach retains the integrity of the setting of the heritage dwellings while still providing a clear, direct access to the rear building.
· The existing gravel driveway is retained to House No 12
· The existing flagging stone paving is retained to House No 12
· The driveway to the underground car parking has been reduced from a split double entrance to one narrower in width with an adjacent lay-by space at the entrance. This has enabled the retention of Tree No 20 and the reduction of the impact of the driveway on the street.
· The pedestrian entrance path provides a direct path from the street to the rear of the site, here the direction and levels change, providing entrance into the two different sides of the apartment building. The width of the pedestrian space between the building and the courtyard walls has been increased, providing more generous external entrance areas. It would, however be preferable to have a wider path to the apartment building.
Use different fencing for the two front properties
· The existing picket fence is being retained on No 12 Cecil Street and extended to No 14 Cecil Street. It would be preferable to introduce a slightly different fence to No 14 where currently there is none. This would be in keeping with the general finer grain streetscape where fences generally in the area relate to the frontage and the lot dimension of individual dwellings.
Retain the dwellings as family houses within the development or as small lot Torrens title dwellings.
· The two existing dwellings have been retained as family houses. This has improved the social dimensions of the project by increasing the range of housing types with the introduction of two dwellings instead of 4 two bedroom apartments. This approach has also ensured that the design and construction integrity of the existing dwellings is maintained, including their access.
The issues identified by Council’s Urban Design Consultant have been satisfactorily addressed in the amended proposal. The proposal is consistent with the design quality principles of SEPP 65.
Engineering
Council’s Development Engineer commented on the proposal as follows:
Water management
There is no written agreement of the downstream neighbour to grant the required drainage easement. However, the owners of the downstream property, 2-8 Bruce Avenue, have not objected to the development.
The design for the interallotment drainage pipe through the downstream property complies with Volume C Part 4 of the Local Centres DCP. Landscape Services support the proposal on the basis that any shrubs be replaced after the works (it would be expected that this would form part of the terms of the easement anyway). It is considered that, if the application is to be approved, it should be on a deferred commencement basis, with the registration of the easement as Schedule A. The negotiations would then be between the respective property owners. Council would have no role in this process. If for some reason the easement could not be obtained over 2-8 Bruce Avenue, but over another property, then the consent would have to be modified, because the design would have to be re-assessed.
The BASIX water commitments do not include any rainwater retention and re-use. However, to achieve compliance with Volume C Part 4B.3 and 4B.4 of the Local Centres DCP, the development is required to reduce the number of runoff days by 50%. Northrop Drawing 3.01 shows a 40 cubic metres rainwater tank, with re-use for toilet flushing. This is sufficient to achieve the requirements of the DCP.
The drawings state that a MUSIC model has been prepared to demonstrate that the development achieves compliance with Council’s water quality targets. This is satisfactory, subject to the model being submitted with the Construction Certificate plans.
The water management system for the development has been based on either Council’s DCP 47, or possibly the now-defunct Town Centres DCP (according to Drawing 1.01), however the site is now subject to the Local Centres DCP. The recommended conditions will require additional information such as the MUSIC model and demonstration of the 50% reduction in runoff days to be submitted with the Construction Certificate drawings.
Northrop Drawing 3.02 Revision 6 still shows the interallotment drainage pipe as being 300mm in diameter. This is a drafting error and should be corrected on the Construction Certificate plans.
Traffic and parking
The site is further than 400 metres from Gordon Station, so under the Local Centres DCP, the development requires 42 resident and 10 visitor parking spaces (the residences have been provided with 2 spaces each as required for dwelling houses, although one is inside the basement. This may not be very practical, but there are no objections - three bedroom units require only 1.5 spaces).
The driveway section shown on Drawing A-300 does not show sufficient height above the gutter however the section at 2% inside the property boundary will allow a standard high level vehicular crossing profile to be provided.
Vehicular access to the basement carpark is by a long driveway adjacent to the eastern boundary of the site. The driveway crossing is 5.5 metres wide and the driveway is 5.5 metres wide for the first 6 metres. Between 6 metres and 9.5 metres from the property boundary the driveway tapers down from a width of 5.5 metres, to a width of 3 metres. The driveway is 3 metres wide for a distance of 28.5 metres and widens to 5.5 metres at the entrance into the basement.
A supplementary traffic engineer’s report is provided. Issues raised in the previous engineering report are addressed, with the exception of the length of the single lane driveway. The report does not attempt to justify the long length by quantifying vehicle movements.
The Roads and Maritime Services Guide to Traffic Generating Developments 2002 provides a traffic generation rate for units up to 2 bedrooms in medium density developments of 0.4 to 0.5 weekday peak hour vehicle trips per dwelling. This is considered appropriate for the subject development, since only three of the dwelling in the development have 3 bedrooms. Using the higher rate, this gives a total weekday peak hour vehicle trip generation of 20 movements (a trip is a one way movement).
Reference to Table 3.1 of AS2890.1:2004 Off street car parking indicates that the access driveway is Category 1 (low volume). Section 3.2.2 of AS2890.1 states that 30 or more vehicular movements in a peak hour would usually require provision for two vehicles to pass on the driveway, but that lesser widths may be provided on a case by case basis. A minimum width of 3 metres is given for a domestic driveway (definition – access to three or fewer domestic units). This is not a domestic driveway, but a width of 3 metres is proposed.
It is noted that developments in St Ives have been required to provide minimum widths of 5.5 metres, however these developments had more parking spaces (over 70). St Ives is not a rail-based Local Centre like Gordon. Even though the site is further than 400 metres from the station, it is a level walk. Furthermore, the site is restricted by the existing heritage buildings, which also limit the width and location of the driveway. For all of these reasons, the proposed driveway configuration is accepted.
Waste management
Drawing A-300 Revision B contains sections including Section 3 which demonstrates that 2.6 metres of headroom will be available for the small waste collection vehicle.
The waste storage and collection area is in Basement 1. It is expected that the small waste collection vehicle will turn in the service bay and stand outside the waste room during collection. Given the low frequency (weekly) and likely early morning hour of collection, this is considered satisfactory.
Construction management
Roads and Maritime Services have recommended that attention be paid to parking arrangements in Cecil Street, so that construction worker parking does not adversely affect the arrangements for student drop-off and pick-up. Council’s Traffic Section has also raised the matter of daytime parking associated with the school. It is considered that this can be dealt with by the installation of construction-stage parking restrictions in Cecil and Henry Streets. No Parking during school drop-off and pick-up periods should ensure that spaces remain free for school daytime use, as this should force worker parking into Bruce Avenue where there is ample on-street parking.
Condition 13 of the recommendation prohibits truck movements to and from the site during school drop-off and pick-up periods. Roads and Maritime Services will also review the detailed Construction Traffic Management Plan prior to commencement of works.
Geotechnical report
The report, which is based on a desktop study, contains recommendations for additional investigation, excavation methods and support, dilapidation surveys of neighbouring buildings and the heritage structures on site. These recommendations are in Conditions 11 and 12.
Groundwater seepage is expected above basement level, so conditions recommended by NSW Office of Water including estimation of short and long term inflows will be recommended. The NSW Office of Water has requirements for licencing if significant inflows are likely to occur.
Heritage
Council’s Heritage Advisor provided the following comments:
Heritage background
The applicant submitted a lengthy heritage report prepared by a recognised heritage consultant. It finds that the subject houses were constructed between 1904 and 1905 and are relatively intact examples to the Queen Anne style of Architecture. The original allotments extended to Bruce Avenue but were subdivided into smaller lots in the 1950s and 1960s. Although still considered to be relatively large the individual lots are reduced in size from their original holdings. Internally the front rooms of both houses were found to be relatively intact although the rear service areas have seen more change.
Council records indicate the following applications for No. 14 Cecil Street:
· pool in 1984 (BA 84/01262);
· carport and alterations in 1986 (BA86/00500); and
· additions in 1989 (BA01112).
The 1989 application is likely to be the two storey addition at the rear of the house.
For No. 12 Cecil Street, Council records indicate the following:
· tennis court in 1984 (BA/0203).
The pool, deck and carport at No. 12 Cecil Street may have been constructed at an earlier date.
The HIS includes the following Statement of Significance for the items:
“No 12 and No 14 Cecil Street, Gordon NSW have local historic and aesthetic significance as substantially intact examples of the Federation Queen Anne Style. The dwellings constructed in c 1904 and c 1905 respectively, are representative of the type, style and standard of dwelling constructed on the Upper North Shore during the twenty five years (15?) that followed the opening of the North Shore Railway Line in 1890. The two dwellings illustrate the suburban ideal then in vogue, which centred on the free standing dwelling within a generous garden surround. This idea shaped the early subdivision development of the area now encompassed in the Ku-ring-gai municipality. While these dwellings are substantially intact, their setting has been compromised by the construction of high density development within the immediate vicinity.”
Heritage Report concludes that:
“The character of Cecil Street as a place of single storey free standing dwellings and educational and residential flat buildings of greater massing and scale will continue to be strengthened by the zonings in this area and the desired future character expressed by these zonings. The proposal retains Nos 12 & 14 Cecil Street as free standing dwellings, retains significant elevations and roof forms without alterations and retains the principal view corridors. A good understanding of the original garden setting, as seen from the public domain is maintained by landscaping. The presence of a building of greater massing and scale to the rear is managed by the use of a clearly contemporary from, which is carefully articulated ad detailed with appropriate materials and colour selection. Landscaping will aid in the insertion of buildings of a greater massing and scale over time. Nos 12 & 14 Cecil Street will continue to read in the streetscape as part of a group of Federation period dwellings.
Amended plans received 18 October 2013
This application has evolved in various forms. The latest version was received by Council on 18 October 2013. As part of the assessment of the application, the applicant met with Council officers on 17 June 2013 and amendments were suggested. Revised drawings were received dated 29 August 2013 and further amendments were received on 9 September 2013. Comments were provided to the applicant and further changes have been made responding to the concerns raised. This report assesses the amended scheme lodged on 18 October 2013.
Previous conclusions and recommendations
In summary, the changes to existing items are supported as they would remain single dwellings set in a garden setting. The only recommended change is a minor amendment to the fence to the private open space in front of No. 14 Cecil Street.
The proposed new building does not provide an adequate transition in height, bulk and scale to the heritage building and is not supported on heritage grounds. As previously recommended, the wall height of the proposed new development (north walls) at the 4th floor level should set back by at least 6m and the top floor further setback. This would involve changing the 4th and 5th floor layout, stepping the wall at the 4th floor level back at least 6m and correspondingly setting the 5th floor level back.
Summary of amendments made to address heritage issues
· Fence to front garden of No. 14 has been amended as suggested. This assists in the understanding of the existing houses as single dwellings in the Cecil Street streetscape.
· The component of the new development behind No. 12 Cecil Street has been modified with greater articulation and increased setback from the heritage building.
· The floor layout on all levels has been modified to the component of the new development behind No. 12 Cecil Street.
· Level 4 of the new development directly behind No. 12 Cecil Street has been further set back from the floor level below.
Revised HIS
The applicant has submitted a revised Heritage Impact Statement. It mainly focuses upon an interpretation of the DCP controls that apply to heritage items within amalgamated sites. It concludes that the revised design meets the controls of Clause 7.2 of the DCP, both numerically and by its intent. In doing so the impact of the development on the heritage items is minimised and is considered acceptable.
The key argument in the revised HIS is about the ground level of the new development in relation to the ground level at the front of the heritage buildings. The DCP control and the diagram (at 7.2-4) has to some extent assumed a level site and the requirement to further step a new development down to achieve a maximum 8m wall height then further articulated behind is related to providing a transition zone that responds to the significance of the heritage building. To some extent the control tries to respect the understanding of the heritage building in its setting.
The proposed development takes the ground level at the front of the heritage buildings as the level at which the DCP control applies, not the actual level of the ground where the proposed development is located. For this site, the ground level falls behind the heritage buildings and the new development is set below the floor level of the existing buildings.
There could be a situation where the ground level rises behind a heritage building and the ground floor level of the development is above the level of the heritage building. That argument was raised by the applicant. In that situation, there would be a greater heritage impact. However, the number of heritage items that are rezoned to allow site amalgamation and development of medium density development in Ku-ring-gai is relatively limited.
Comment
The latest version of the scheme has resulted in a better heritage outcome. The existing buildings have been retained as single dwellings rather than being adapted as multiple dwellings as previously proposed. The rear parts of the buildings proposed to be demolished have less contribution to their heritage significance and very little adaptation to the interiors is required. The proposed fence in the front garden of No. 14 has been deleted and the side fence extended to the front boundary. This increases the understanding of the retained item as a house in a garden setting.
Council’s intent in rezoning heritage items was to allow site amalgamation, retain and conserve the heritage buildings and allow them to be incorporated into new development and not isolate the heritage items. There is an opportunity to use the heritage buildings for other uses however, the applicant has not chosen to follow that option and has retained their use as residential.
The immediate view of the existing houses in their garden setting will be largely retained from the streetscape. The amended application is now considered acceptable on heritage grounds and it should provide a satisfactory transition between the single storey heritage items and the surrounding scale of 5 storey residential flat development in Bruce Avenue and the Pacific Highway.
Conclusions and recommendations
The latest amendments to the scheme have resulted in a satisfactory heritage outcome and it is now supported. No heritage conditions are necessary.
Landscaping
Council’s Landscape Officer commented on the proposal as follows:
Deep soil landscape area
Site area 3906.8 m2
Numerical compliance 50% (1953.5m2)
Proposed deep soil area 50.47% (1970.2m2)
Tree removal
An arboricultural assessment, prepared by Advanced Treescape Consulting and dated 16/06/11, has been submitted with the application. Tree numbers refer to this report.
The following abbreviations have been used to describe the size of existing trees: height (H), canopy spread(S), diameter at breast height (DBH), tree protection zone (TPZ) and structural root zone (SRZ).
Significant trees to be removed
Tree 13/ Cupressus sempervirens (Italian Cypress) The tree is located on the front boundary within the nature strip. The tree has significant dieback in the upper canopy. There is no objection to the removal of the tree.
Tree 18/ Banksia integrifolia (Coast Banksia) The tree is located on the front boundary. The tree is suppressed by Tree 19. There is no objection to the removal of the tree.
Tree 22/ Liquidambar styraciflua (Liquidambar) This mature tree is located within the eastern setback of the heritage item. The tree is described as having poor structural condition due to past removal of a trunk. The tree is within the proposed driveway. There is no objection to the removal of the tree.
Tree 23/ Pittosporum undulatum (Sweet Pittosporum) This mature 12 metres high tree is located on the eastern boundary within the eastern setback of the heritage item. The tree is within the proposed driveway. There is no objection to the removal of the tree.
Tree 27/ Fraxinus excelsior (Ash) This tree is located on the eastern boundary within the eastern setback of the heritage item. The tree is within the proposed driveway. There is no objection to the removal of the tree.
Tree 28/ Casuarina cunninghamiana (River Oak) This mature tree is located on the eastern boundary. The tree is within the proposed driveway. There is no objection to the removal of the tree.
Tree 29/ Casuarina cunninghamiana (River Oak) This mature tree is located on the eastern boundary. The tree is within the proposed driveway. There is no objection to the removal of the tree.
Tree 30/ Casuarina cunninghamiana (River Oak) This mature tree is located on the eastern boundary. The tree is within the proposed driveway. There is no objection to the removal of the tree.
Tree 31/ Syzygium paniculatum (Brush Cherry)This tree is located on the eastern boundary. The tree is suppressed by adjacent trees. The tree is within the proposed driveway. There is no objection to the removal of the tree.
Tree 36/ Syagrus romanzoffiana (Cocos Palm)This mature tree is located on the eastern boundary. The tree is outside of the building envelope. The tree is not exempt within a heritage item. This tree should be retained and protected as part of the development (Condition 16).
Tree 37/ Corymbia maculata (Spotted Gum)This tree is located on the eastern boundary. The tree is 4.3m from the basement excavation. There is no objection to the removal of the tree.
Tree 38/ Corymbia citriodora (Lemon Scented Gum) This tree is located on the eastern boundary. The tree is less than 1 metre from the basement excavation. There is no objection to the removal of the tree.
Tree 40/ Syagrus romanzoffiana (Cocos Palm)This tree is located at the rear of No. 12 Cecil Street. The tree is within the building envelope. The tree is not exempt within a heritage item. There is no objection to the removal of the tree.
Tree 41/ Syagrus romanzoffiana (Cocos Palm)This tree is located at the rear of No. 12 Cecil Street. The tree is within the building envelope. The tree is not exempt within a heritage item. There is no objection to the removal of the tree.
Tree 42/ Casuarina cunninghamiana (River Oak) This tree is located at the rear of No. 12 Cecil Street The tree is a good specimen and is less than 1 metre from the building. There is no objection to the removal of the tree.
Tree 43/ Jacaranda mimosifolia (Jacaranda) This tree is located at the rear of No. 12 Cecil Street. The tree is less than 1 metre from the building. There is no objection to the removal of the tree.
Tree 44/ Pittosporum undulatum (Sweet Pittosporum) This tree is located at the rear of No. 12 Cecil Street. The tree is just over 1 metre from the building. There is no objection to the removal of the tree.
Tree 45/ Eucalyptus sp. This tree is located at the rear of No. 12 Cecil Street. The tree is just over 1 metre from the building. There is no objection to the removal of the tree.
Tree 47/ Araucaria heterophylla (Norfolk Island Pine) This tree is located at the rear of No. 12 Cecil Street. The tree is within the building footprint. There is no objection to the removal of the tree.
Tree 48/ Corymbia maculata (Spotted Gum) This tree is located near the southern boundary at the rear of No. 12 Cecil Street. The tree is 5.3m from the basement excavation. There is no objection to the removal of the tree.
Tree 54/ Lophostemon confertus (Brushbox) This tree is located at the rear of No. 12 Cecil Street. The tree is within the building footprint. There is no objection to the removal of the tree.
Tree 60/ Eucalyptus sp. This tree is located at the south-eastern corner of the site. The tree is less than 3 metres from the basement. There is no objection to the removal of the tree.
Tree 62/ Archontophoenix cunninghamiana (Bangalow Palm) This group of five trees is located at the rear of No. 14 Cecil Street. It is likely that these were planted in association with the dwelling. The tree is less than 1 metre from the building. There is no objection to the removal of the tree.
Tree 63/ Phoenix canariensis (Canary Island Palm) This tree is located at the rear of No. 14 Cecil Street. The tree is less than 1 metre from the building. It is likely that these were planted in association with the dwelling. The tree is to be transplanted to the western boundary to the rear of No.14 Cecil Street (Condition 72). There is no objection to the removal of the tree.
Tree 64/ Stenocarpus sinuatus (Firewheel Tree) This tree is located at the rear of No. 14 Cecil Street. It is likely that these were planted in association with the dwelling. The tree is within the building footprint. There is no objection to the removal of the tree.
Tree 66/ Livistona chinensis (Chinese Fan Palm) This tree is located at the rear of No. 14 Cecil Street. It is likely that these were planted in association with the dwelling. The tree is within the building footprint. There is no objection to the removal of the tree.
Tree 67/ Stenocarpus sinuatus (Firewheel Tree) This tree is located at the rear of No. 14 Cecil Street. It is likely that these were planted in association with the dwelling. The tree is within the building footprint. There is no objection to the removal of the tree.
Tree 68/ Cupressus macrocarpa (Monterey Cypress) This tree is located at the rear of No. 14 Cecil Street. The tree is within the building footprint. There is no objection to the removal of the tree.
Trees 17, 19, 39, 53, 65 are less than 8m in height and are not considered significant trees.
Trees 24, 25 and 32 are on the eastern boundary, within the adjoining property.
The removal of these trees is not permitted without written permission from the owner of the adjoining property.
The removal of several of the heritage tree plantings located at the rear of No. 14 Cecil Street (Trees 62, 63, 64, 66 and 67) is acceptable subject to replacement plantings in the vicinity of the heritage items of the same species. Proposed plantings of Magnolia and Jacaranda is to be integrated with an assortment of period plantings such as Archontophoenix cunninghamiana (Bangalow Palm), Livistona chinensis (Chinese Fan Palm), Phoenix canariensis (Canary Island Palm) and Stenocarpus sinuatus (Firewheel Tree).
Significant trees to be retained
Trees within the front setback
All the trees within the front setback and side setbacks of the heritage items, except those removed for the driveway, are to be retained. These trees include Trees 5, 8, 9, 10, 11, 12, 14, 15 and 16. Trees 14, 15 and 16 are not considered good specimens and would be better removed and replaced with more appropriate species (Condition 72).
Tree 20/ Phoenix canariensis (Canary Island Palm) This tree is located within the front setback of No. 12 Cecil. This tree is considered important to the heritage setting of the ‘Tardebigge’ and should be retained and protected as part of the work. The proposed driveway is to be constructed approximately 1.5 metres from the tree. Appropriate conditions will ensure minimal impact.
Tree 26/ Acer buergeranum (Trident Maple) This tree is located on the eastern boundary within the adjoining property. The excavation for the proposed driveway 2.2m from the tree and will be a major encroachment under AS4970-2009 Protection of trees on development sites (Refer 5.4, Advanced Tree Consulting). Consideration of the size and species of tree has led the arborist to conclude that the level of impact is acceptable.
The following trees are located within the eastern and southern side setbacks of the flat building and are to be retained and protected:
Tree 34/ Archontophoenix cunninghamiana (Bangalow Palm) TPZ 7.2m. The tree is located on the eastern boundary. The proposed impacts are considered acceptable.
Tree 35/ Archontophoenix cunninghamiana (Bangalow Palm) TPZ 7.2m. The tree is located on the eastern boundary. The level of impact is considered acceptable.
Tree 50/ Grevillea robusta (Silky Oak) This tree is located on the southern boundary at the rear of No. 12 Cecil Street. The tree is 4.3m from the basement excavation. The level of impact is considered acceptable.
Tree 55/ Corymbia maculata (Spotted Gum) TPZ 7.2m. The tree is located at the south-eastern corner of the site. The level of impact is acceptable.
Tree 56/ Casuarina cunninghamiana (River Oak) TPZ 7.2m. The tree is located at the south-eastern corner of the site. The level of impact is acceptable.
Tree 57/ Casuarina cunninghamiana (River Oak) TPZ 7.2m. The tree is located at the south-east corner of the site. The level of impact is acceptable.
Tree 58/ Lophostemon confertus (Brushbox) TPZ 7.2m. The tree is located at the south-east corner of the site, within the adjoining property. This tree is shown to be removed on the landscape plan. Written permission for the removal of the tree from the adjoining owner has not been provided. The tree is required to be retained (Condition 25).
Tree 59/ Eucalyptus saligna (Sydney Blue Gum) TPZ 7.2m. The tree is located at the south-east corner of the site, within the adjoining property. The level of impact is acceptable.
Tree 61/ Magnolia grandiflora (Bull-bay Magnolia) TPZ 7.2m. The tree is located at the centre of the site. This tree is likely to be part of the tree plantings seen on the 1943 aerial photograph. The level of impact is acceptable.
Street trees
There are no street trees to be removed. There are street trees in front of No. 14 Cecil Street clearly visible on the 1943 aerial photograph. Tree 1 is likely to be from this period.
Landscape plan
Heritage setting
The aims of the heritage controls are to retain and enhance the heritage items. Gardens, garden structures, landscape and vegetation which contribute to the significance of a heritage item are to be conserved.
The existing predominantly native plantings along the eastern boundary of No. 12 Cecil Street are likely to have been planted in the late 70’s or 80’s. Self-sown native species such as Pittosporum undulatum represent the locally occurring Blue Gum High Forest vegetation that would have been cleared from the site in the mid to late1800’s.
Many of the plantings at the rear of No. 14 Cecil Street are likely to have been planted in association with the house as they are of a considerable size in the 1943 aerial photograph. Many of the existing species are typical of the Federation horticultural style which preferred palms and northern Queensland species such as Stenocarpus sinuatus (Firewheel Tree). From an early description in 1923 No. 14 Cecil Street had a grass tennis court at the rear. This was later subdivided from the existing lot.
The proposed planting in the vicinity of the heritage item is considered sympathetic to the horticultural style of the buildings.
Private courtyards
Significant views to and from the heritage item in association with the majority of the planting to the front setback, should be preserved.
To preserve the heritage setting and provide increased residential amenity, the private courtyard to House 1 is located to the rear of the heritage building similar to the existing outdoor amenity. In the case of House 2, the private courtyard is in the front setback.
Tree replenishment
The site should support a minimum 13 tall trees capable of attaining at least 13 metres in height. The proposal provides 19 tall trees.
Communal open space
The development provides a communal open space of consolidated deep soil landscaping within the central area between the heritage buildings. In combination with the main access spine, this communal area is accessible, receives acceptable solar access and includes planting beds, areas for seating and retains a mature Magnolia grandiflora (Bull-bay Magnolia).
The development also provides smaller areas of communal open space at the rear of the heritage houses. Canopy tree planting within these areas will provide vegetated building separation between the heritage buildings and the new residential flat building in addition to shade and privacy.
Screen planting
Eastern boundary – Blue Gum High Forest shrub species with Elaeocarpus reticulatus (Blueberry Ash)
Southern boundary– Blue Gum High Forest shrub species with Acmena smithii and Eucalyptus saligna (Sydney Blue Gum)
Western boundary - Blue Gum High Forest shrub species with Elaeocarpus reticulatus (Blueberry Ash) interspersed with Camellia japonica (Japanese Camellia). To provide appropriate width planting bed along the western boundary of the flat building, the proposed path is not to kink to the west as shown until the rectangular planter with the 5 camellias. This is to optimise the garden bed along the site boundary is minimum 2 metres width to enable the viable establishment of tall tree plantings. Additional plantings of 5 Eucalyptus saligna (Sydney Blue Gum) along the western side setback of the flat building are to be shown (Condition 26).
BASIX
The BASIX certificate for the multi-unit development has not nominated any common area landscape that is to be indigenous/low water use species. The BASIX Certificate reflects accurately the area of garden and lawn to common and private areas.
Stormwater plan
Onsite detention tank
The proposed surface levels of the detention tank conflicts with the proposed planting indicated on the landscape plan within the private courtyards of Units 8 and 9. The extent of planting is to be reduced (Condition 26).
Easement
Stormwater from the proposal will be collected from the heritage dwellings and new multi-unit building and directed to an easement through an adjoining property to the south. The 1.3 metres wide easement is to be located on the eastern boundary of a residential flat building recently constructed on that property. The easement will encroach within the tree protection zone of a mature Phoenix canariensis (Canary Island Palm) located on the adjoining property. Hand excavation of the trench within the drip line of the tree is required under the supervision of a qualified arborist (Condition 73).
The proposed easement through the western side boundary of the adjoining property to the south will require trenching through the existing garden beds and possible removal of associated tree and shrub screen plantings that were required to be planted as part of the development. The impact of the stormwater works on existing vegetation will be considered in the assessment of the development application that will be required for the stormwater works in the adjoining property.
Fencing
The development includes a 1 metre high timber palisade front fence. 1.5 metres high timber picket private courtyard fencing is proposed to the ground floor units of the residential flat building. There is no objection to this fence type.
Outside Council
Roads and Maritime Services
The application was referred to Roads and Maritime Services for comment in accordance with the requirements of clause 104 of the SEPP (Infrastructure) 2007. Roads and Maritime Services advised there will not be a significant impact on the classified road network and they have no objections or requirements in relation to the proposed development.
Statutory Provisions
Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005
SREP 2005 applies to the site as the site is located in the Sydney Harbour Catchment. The Planning Principles in Part 2 of the SREP must be considered in the preparation of environmental planning instruments, development control plans, environmental studies and master plans. The proposal is not affected by the provisions of the SREP which relate to the assessment of development applications as the site is not located in the Foreshores and Waterways Area as defined by the Foreshores and Waterways Area Map.
State Environmental Planning Policy (Infrastructure) 2007
As indicated above, the application was referred to Roads and Maritime Services for comment. Roads and Maritime Services advised there will not be a significant impact on the classified road network and they have no objections or requirements in relation to the proposed development.
State Environmental Planning Policy No. 55 - Remediation of Land
The provisions of SEPP 55 require consideration of the potential for a site to be contaminated. The site has a history of residential use and is unlikely to be contaminated. Further investigation is not warranted.
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
An amended BASIX certificate was submitted with the amended plans. The application documentation is consistent with the commitments identified in the BASIX certificates.
State Environmental Planning Policy No 65-Design Quality of Residential Flat Development
SEPP 65 aims to improve the design quality of residential flat buildings across New South Wales and to provide an assessment framework and design code for assessing “good design”.
A Design Verification Statement, prepared by Dugald Mackenzie, has been submitted with the application in accordance with clause 50(1A) of the Environmental Planning and Assessment Regulation 2000.
The application has been assessed by Council’s Urban Design Consultant and the amended proposal is supported.
Part 2 of the SEPP sets out design principles against which design review panels and consent authorities may evaluate the merits of a design. The proposal has been assessed by Council’s Urban Design Consultant (Attachment 3) and was found to be acceptable. The proposal is assessed against the SEPP 65 design principles as follows:
Principle 1: Context
The proposal is located within an area zoned R4 High Density Residential and is consistent with the desired future character of the R4 High Density Residential zone.
The proposal is in keeping with the design outcomes and controls, as detailed in the Local Centres LEP and DCP. The submitted site analysis identified prime constraints and opportunities and the resultant design responds to these. Setbacks allow for adequate separation from Cecil Street and the site boundaries. Building orientation takes advantage of solar access.
Principle 2: Scale
The development provides an acceptable bulk and scale to the streetscape and adjoining properties. The height of the building complies with the building height development standard of Ku-ring-gai LEP (Local Centres) 2012.
Principle 3: Built form
The built form is consistent with the desired future character of the zoning featuring a five storey building set back from the street and within a landscape setting. An appropriate scale relationship to the street and the surrounding dwelling houses is achieved through modulation of façades and setbacks in plan and section. The colours and finishes selected for the building are similar to those used for the existing heritage items.
Principle 4: Density
The development complies with the development standard for floor space ratio. The bulk and scale has been controlled by the compliant floor space ratio, setbacks, landscaping, building separating and a top floor with reduced floor area. Sufficient car parking has been provided to cater for the likely demand generated by the development. The density proposed is consistent with the R4 High Density Residential zoning.
Principle 5: Resource, energy and water efficiency
The development is based on energy efficient passive solar design that includes natural cross-ventilation and a minimum of 3 hours solar access to 70% of the units. A valid BASIX Certificate supports the application which confirms that the development will meet the energy and resource conservation targets and achieve adequate levels of thermal comfort for future occupants.
Principle 6: Landscaping
More than 50% of the site area is designated for deep soil landscaping and complies with the design controls of the Local Centres DCP. Existing trees located in the front setback of the site will be retained.
The landscaping includes retention of major trees and planting of additional canopy trees and native plants which significantly contribute to the tree canopy, provide habitat for local fauna and integrate the building with the surrounding development.
Landscaping provides both green buffers to adjoining properties and a generous outdoor communal open space that is set back from the street and will receive good solar access.
Principle 7: Amenity
High levels of internal amenity would be achieved through well designed communal areas such as the pedestrian entry and common open space. Visual privacy is provided through setbacks, separation, window design and screening devices.
Principle 8: Safety and security
The layout of the development promotes good natural surveillance of public areas, in particular the front entry path and front entries to the residential flat building towards the communal open space and will be visible from balconies on the northern elevation of the building.
Resident access to the common open space is via ramps. Units are accessible by people with disabilities in accordance with AS 1428.1 - Design for Access and Mobility while four units are adaptable in accordance with AS 4299-1995 - Adaptable Housing.
Principle 9: Social dimensions
The proposal would provide a mix of 1, 2 and 3 bedroom apartments with differing layouts to maximise housing choice within the Ku-ring-gai Local government Area. The existing heritage listed dwellings will be retained as 3 bedroom detached houses. Adaptable apartments, visitable apartments and visitor and disabled parking have been provided.
Principle 10: Aesthetics
The aesthetic style of the building has been designed to form a clean backdrop for the heritage listed dwellings. The building is strongly modelled in plan to reduce the apparent length of elevations and introduce smaller facade segments that are articulated by recessed and projecting balconies and a variation of finishes. Brickwork and painted rendered concrete have been used to create large scale elements and distinguish the vertical articulation of the building
Residential Flat Design Code Compliance Table
Pursuant to Clause 30(2) of SEPP 65, in determining a development application for a residential flat building, the consent authority is to take into consideration the Residential Flat Design Code (RFDC). The following table is an assessment of the proposal against the guidelines provided in the RFDC.
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Guideline |
Consistency with Guideline |
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PART 02 SITE DESIGN |
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Site Configuration |
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Deep Soil Zones |
A minimum of 25 percent of the open space area of a site should be a deep soil zone; more is desirable. Exceptions may be made in urban areas where sites are built out and there is no capacity for water infiltration. In these instances, stormwater treatment measures must be integrated with the design of the residential flat building. |
YES
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Fences + walls |
Define the edges between public and private land to provide privacy and security and contribute positively to the public domain. |
YES
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Open Space |
The area of communal open space required should generally be at least between 25 and 30 percent of the site area. Larger sites and brown field sites may have potential for more than 30 percent. |
YES
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The minimum recommended area of private open space for each apartment at ground level or similar space on a structure, such as on a podium or car park, is 25m2 . |
YES
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Orientation |
Optimise solar access, contribute positively to desired streetscape character, support landscape design with consolidated open space areas, protect amenity of existing development and improve thermal efficiency. |
YES
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Planting on Structures |
In terms of soil provision there is no minimum standard that can be applied to all situations as the requirements vary with the size of plants and trees at maturity. The following are recommended as minimum standards for a range of plant sizes:
Medium trees (8 metres canopy diameter at maturity)
- minimum soil volume 35 cubic metres - minimum soil depth 1 metre - approximate soil area 6 metres x 6 metres or equivalent
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N/A |
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Stormwater management |
Minimise impact on the health and amenity of natural waterways, preserve existing topographic and natural features and minimise the discharge of sediment and other pollutants to the stormwater drainage system. |
YES
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Safety
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Carry out a formal crime risk assessment for all residential developments of more than 20 new dwellings. |
N/A
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Ensure Residential flat developments are safe and secure for residents and visitors. |
YES
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Visual Privacy |
up to four storeys/12 metres
- 12 metres between habitable rooms/balconies - 9 metres between habitable/balconies and non-habitable rooms - 6 metres between non-habitable rooms
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NO
The separation distance between the balconies of Units 22 and 25 is approximately 6m. |
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Building Entry |
Create entrances which provide a desirable residential identity, provide clear orientation for visitors and contribute positively to the streetscape and building façade design. |
YES
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Parking |
Provide adequate parking for occupants, visitors and disabled. |
YES
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Pedestrian Access
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Identify the access requirements from the street or car parking area to the apartment entrance.
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YES
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Follow the accessibility standard set out in Australian Standard AS 1428 (parts 1 and 2), as a minimum.
Provide barrier free access to at least 20 percent of dwellings in the development. |
YES
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PART 03 BUILDING DESIGN |
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Building Configuration |
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Apartment layout |
Single-aspect apartments should be limited in depth to 8 metres from a window. |
NO
Unit 1, 5 and 14 = 11m
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The back of a kitchen should be no more than 8 metres from a window. |
YES
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The width of cross-over or cross-through apartments over 15 metres deep should be 4 metres or greater to avoid deep narrow apartment layouts. |
N/A
No cross-over or cross-through apartments are proposed.
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If Council chooses to standardise apartment sizes, a range of sizes that do not exclude affordable housing should be used. As a guide, the Affordable Housing Service suggest the following minimum apartment sizes, which can contribute to housing affordability: (apartment size is only one factor influencing affordability)
- 1 bedroom apartment 50m² - 2 bedroom apartment 70m² - 3 bedroom apartment 95m² |
YES
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Apartment Mix |
Include a mixture of unit types for increased housing choice. |
YES
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Balconies |
Provide primary balconies for all apartments with a minimum depth of 2 metres. Developments which seek to vary from the minimum standards must demonstrate that negative impacts from the context-noise, wind – can be satisfactorily mitigated with design solutions. |
YES
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Ceiling Heights |
The following recommended minimum dimensions are measured from finished floor level (FFL) to finished ceiling level (FCL).
- in residential flat buildings or other residential floors in mixed use buildings: - in general, 2.7 metres minimum for all habitable rooms on all floors, 2.4 metres is the preferred minimum for all non-habitable rooms, however 2.25m is permitted. |
YES
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Ground Floor Apartments |
Optimise the number of ground floor apartments with separate entries and consider requiring an appropriate percentage of accessible units. This relates to the desired streetscape and topography of the site.
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YES
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Provide ground floor apartments with access to private open space, preferably as a terrace or garden.
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YES
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Internal Circulation |
In general, where units are arranged off a double-loaded corridor, the number of units accessible from a single core/corridor should be limited to eight.
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YES
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Storage |
In addition to kitchen cupboards and bedroom wardrobes, provide accessible storage facilities at the following rates:
- studio apartments 6m³ - one-bedroom apartments 6m³ - two-bedroom apartments 8m³ - three plus bedroom apartments 10m³
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YES
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Building Amenity |
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Acoustic Privacy |
Ensure a high level of amenity by protecting the privacy of residents within apartments and private open space |
YES
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Daylight Access |
Living rooms and private open spaces for at least 70% of apartments in a development should receive a minimum of three hours direct sunlight between 9am and 3pm in mid winter. |
YES
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Limit the number of single-aspect apartments with a southerly aspect (SW-SE) to a maximum of 10% of the total units proposed. |
YES
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Natural Ventilation |
Building depths, which support natural ventilation typically, range from 10 to 18 metres.
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NO
Building depth is 23m.
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Sixty percent (60%) of residential units should be naturally cross ventilated. |
YES
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Twenty five percent (25%) of kitchens within a development should have access to natural ventilation. |
YES |
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Building Performance |
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Waste Management |
Supply waste management plans as part of the development application submission as per the NSW Waste Board.
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YES
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Water Conservation |
Rainwater is not to be collected from roofs coated with lead- or bitumen-based paints, or from asbestos- cement roofs. Normal guttering is sufficient for water collections provided that it is kept clear of leaves and debris. |
YES
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Visual privacy – building separation
The proposal does not comply with the requirement that a minimum separation distance of 12 be achieved between balconies. The separation distance between the balconies of Units 22 and 25 is approximately 6m. Both balconies have a northerly orientation which reduces the potential for significant overlooking. The likely overlooking issue is a view of the western side of the balcony of Unit 22 from the balcony of Unit 25. The balcony of Unit 22 has an area of 27m2 which is significantly greater than the 12m2 requirement that applies to 2 bedroom apartments. The privacy issue could be eliminated by deleting that part of the balcony that would be visible from Unit 25 or by the occupant of Unit 22 not using that part of the balcony. If the occupant did not utilise the area of the balcony that is overlooked from Unit 25 they would still benefit from a usable area that is significantly greater than 12m2. For the aforementioned reason the variation to the separation distance requirement is supported in this instance.
Building configuration - apartment depth
Units 1, 5 and 14 are single aspect, east facing 1 bedroom apartments with a floor area of 55.28m2 and maximum depth of 11m. The RFDC recommends that single aspect apartments be limited to a maximum depth of 8 metres. The limitation on the depth of single aspect apartments seeks to achieve adequate levels of natural daylight within the apartment. The eastern wall of each apartment is comprised of sliding glass doors. The sliding glass doors to the living/kitchen area have an area of 8.1m2. The area of the glass doors is approximately 25% of the area of the apartment that will naturally illuminated by the glass doors, this compares favourably with the 10% glazed area requirement of the Building Code of Australia. The apartments will receive 4 hours solar access on the winter solstice. The variation to the apartment depth control is supported as a high level of internal amenity will be achieved, notwithstanding.
Natural ventilation – building depth
The Code recommends building depths of between 10-18m to support natural ventilation. The proposed building has a maximum depth of 23m. The objective of the maximum building depth control is to promote shallow building depths which acheive a high ratio of external wall length to floor area. Shallow building depths maximise opportunities for dual-aspect apartments, promote solar access and natural ventilation and minimise the number of rooms in a development which require artificial ventilation and illumination. Despite the variation to the building depth control the subject development achieves 71% naturally cross ventilated apartments, 31% of units have kitchens which are less than 1m from a window and 70% of units achieve at least 3 hours solar access to living rooms and private open space. As satisfactory daylight and natural ventilation are achieved, the variation to the building depth control is supported.
Ku-ring-gai LEP (Local Centres) 2012
Zoning and permissibility:
The site is zoned R4 High Density Residential. The proposed development is defined as a residential flat building and is permissible in the zone.
Residential zone objectives:
The development:
· provides increased housing choice (including adaptable dwellings) in proximity to public transport
· complies with deep soil landscaping requirements and includes a landscape strategy which provides for the protection of existing trees and enhancement of the landscaped character of the area
· achieves a high level of residential amenity through a high standard of building and landscape design
· will be energy and water efficient through compliance with BASIX requirements
· has a rear garden adjacent to a rear garden of another property
· has an on site detention system to minimise impact on downstream waterways
· has a basement car park with dedicated storage areas for waste, household items and bicycles
The development is consistent with the objectives of the R4 High Density Residential Zone.
Development standards:
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Development standard |
Proposed |
Complies |
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Building height: 17.5m |
15.5m |
YES |
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Minimum street frontage: 30m |
54.86m |
YES |
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Floor space ratio: 0.85:1 |
0.85:1 |
YES |
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Minimum allotment size: 1200m2 |
3907m2 |
YES |
5.9 Preservation of trees or vegetation:
Clause 5.9 requires that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree without the authority conferred by a development consent or permit. Council’s Landscape Officer has advised that the proposed tree removal is acceptable.
5.10 Heritage conservation:
The provisions of clause 5.10 apply to development that relates to a heritage item or is located in a heritage conservation area. Council’s Heritage Advisor has considered the objectives of clause 5.10 and advised that the proposal will have an acceptable impact on the heritage significance of the two heritage items located on the site.
Policy Provisions (DCPs, Council policies, strategies and management plans)
Policy Provisions (DCPs, Council policies, strategies and management plans)
Ku-ring-gai Local Centres Development Control Plan
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COMPLIANCE TABLE |
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Development control |
Proposed |
Complies |
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Volume A |
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Part 3 Land amalgamation and subdivision |
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Lot amalgamation is to avoid creating: |
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A primary street frontage less than that required by KLEP (Local Centres) 2012 |
The adjoining lots to the east 8-10 Cecil Street could be amalgamated to form a development site which complies with the minimum street frontage and site area requirements of the LEP. The adjoining lot to the west has already been developed for the purpose of a residential flat building. |
YES |
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A lot size less than that required by KLEP (Local Centres) 2012 |
The adjoining lots to the east 8-10 Cecil Street could be amalgamated to form a development site which complies with the minimum street frontage and site area requirements of the LEP. The adjoining lot to the west has already been development for the purpose of a residential flat building. |
YES |
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A highly constrained site |
No isolated and highly constrained sites will be created by the development |
YES |
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Part 7 Residential flat development controls |
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7A – Site design |
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7A.1 Building Setbacks |
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A minimum street setback of 10m is required. |
>10m |
YES |
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A 2m articulation zone must be provided behind the street setback with no more than 40% of the zone occupied by the building. |
<40% |
YES |
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The building line is to be parallel to the prevailing building line in the street. |
Building line is parallel to prevailing building line |
YES |
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A minimum side setback of 6m is required up to the fourth storey. |
6m |
YES |
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A minimum side setback of 9m is required for the fifth storey and above. |
9m |
YES |
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For building of 3 storeys or less on sites less than 1800m2 a minimum side setback of 3m is required. |
N/A – 5 storey building |
N/A |
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Side setback areas behind the building line are not to be used for driveways or vehicular access into the building. |
Side setback adjacent to residential flat building does not contain a driveway |
YES |
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Driveways must be set back a minimum of 6m from the side boundary within the street setback to allow for deep soil planting. |
The driveway has a 1.8m setback from the side boundary |
NO |
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Side and rear setbacks at the zone interface must be a minimum of 9m to the fourth storey and above |
Fourth storey: 9m Fifth storey: 9m |
YES YES |
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Basements must not encroach into the street, side and rear setbacks. |
No encroachments |
YES |
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Ground floor terraces and courtyards must have a minimum setback of 8m from the street boundary |
>8m |
YES |
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Ground floor terraces and courtyards must have a minimum setback of 4m from the side and rear boundaries |
Min. 4m |
YES |
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A maximum of 15% of the total area of the street setback is to be occupied by private terraces and courtyards |
<15% |
YES |
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7A.2 Building separation |
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The minimum separation between residential buildings on the development sites and the adjoining sites must be:
Up to 4th storey 12m between habitable rooms/balconies 9m between habitable rooms/balconies and non-habitable rooms 6m between non-habitable rooms
From 5th to 7th storey 12m between habitable rooms/balconies 9m between habitable rooms/balconies and non- habitable rooms 6m between non-habitable rooms
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6m 9m 6m
12m 9m 6m |
NO YES YES
YES YES YES |
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7A.3 Site coverage |
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The site coverage may be up to a maximum of 35% of the site area providing that the deep soil landscaping requirements in Part 7A.4 can be met. |
31.74% |
YES |
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Where a site incorporates an access handle the site coverage must not exceed 35% of the total site area less 35% of the access handle. |
No access handle |
N/A |
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7A.4 Deep soil landscaping |
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Residential flat development must have a minimum deep soil landscaping area of 40% for a site area less than 1800m2 and 50% for a site area of 1800m2 or more |
50.43% |
YES |
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Lots with the following sizes are to support a minimum number of tall trees capable or attaining a mature height of 13m on shale transitional soil and 10m on sandstone derived soils
1200m2 of less / 1 per 400m2 of site area 1201-1800m2 / 1 per 350m2 of site area 1801m2 or more / 1 per 300m2 of site area |
The site area is 3907m2 and the soil type is shale transitional. A minimum of 13 trees capable with a mature height of at least 13m are required. More than 13 trees are proposed. |
YES |
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At least 50% of all tree plantings are to be locally occurring trees and spread around the site. |
At least 50% of the proposed tree plantings are locally occurring trees |
YES |
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7B – Access and parking |
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7B.1 – Car Parking Provision |
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Residential flat developments must provide on-site car parking within basements |
A basement car park is proposed |
YES |
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Basement car park areas must be consolidated under building footprints. |
The basement car park is located under the building footprint |
YES |
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The basement car park must not project more than 1m above existing ground level to the floor level of the storey immediately above. |
<1m |
YES |
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Direct internal access mist be provided from the basement car park to each level of the building |
Lift access from the basement to all floors of the residential flat building has been provided |
YES |
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For residential flat developments not within 400m of a railway station the car parking rates for the following apartment types apply:
One bedroom: 1 spaces Two bedroom:1 spaces Three bedroom:1.5 spaces |
A minimum of 38 spaces are required. Forty car spaces for the residents of the residential flat building have been provided. |
YES |
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Two car spaces are required for a single occupancy dwelling |
Two car spaces are provided for each of the heritage listed dwellings |
YES |
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For every 4 apartments one visitor car space is required. At least one visitor car space is to comply with the dimensional and location requirements of AS2890.6 |
10 visitor spaces provided |
YES |
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One visitor car space is to be provided with a tap to make provision for on-site car washing |
One car washing bay provided |
YES |
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Each adaptable housing dwelling is to be provided with at least one car space which complies with the dimensional and locational requirements of AS2890.6 |
Each adaptable dwelling has a car space which complies with the dimensional and locational requirements of AS2890.6 |
YES |
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A space to the temporary parking of service and removalist vehicles is to be provided. The space is to have a minimum dimension of 3.5m x 6m and minimum manoeuvring area 7m wide. |
The required space is provided on basement level 1 |
YES |
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7B.2 Bicycle Parking Provision |
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A minimum of 1 bicycle space per 5 units shall be provided within the residential car park area |
Sixteen resident bicycle spaces provided |
YES |
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A minimum of 1 bicycle space per 10 units shall be provided for visitors in the visitor car park area |
Six visitor bicycle spaces provided |
YES |
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7C - Building design and sustainability |
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7C.1 - Communal Open Space |
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At least 10% of the site area must be provided as communal open space with a minimum dimension of 5m |
>10% |
YES |
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A single parcel of communal open space with a minimum area of 80m2, minimum dimensions of 8m and 3 hours solar access to 50% of the space on 21 June must be provided |
More than 40m2 of the communal open space area will achieve 3 hours solar access |
YES |
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The communal open space must be provided at ground level behind the building line |
Behind building line of existing heritage listed dwellings |
YES |
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Shared facilities such as BBQs, shade structures, play equipment and seating are to be provided in the communal open space |
Seating areas provided |
YES |
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7C.2 – Private open space |
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Ground floor and podium apartments are to have a terrace or private courtyard with a minimum area of 25m2 |
>25m2 |
YES |
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All apartments not at the ground floor or podium level are to include private open space with a minimum area (internal dimension) of:: - 10m2 – 1 bedroom apartment - 12m2 – 2 bedroom apartment - 15m2 – 3 bedroom or larger apartment
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1 bedroom min. 10m2 2 bedroom min. 12m2 3 bedroom min. 15m2 |
YES YES YES |
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The primary outdoor open space must have a minimum dimension of 2.4m |
2.4m |
YES |
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The primary private open space is to have direct access from the main living areas |
All outdoor spaces are accessed from the main living area |
YES |
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Private open space for ground and podium level apartments is to be differentiated from common areas by: A change in level Screen planting, such as hedges and low shrubs A fence wall to a maximum height of 1.8m, any solid wall component is to be a maximum height of 1.2m with 30% transparent component above plus gate to the common area. |
Changes in level, planting and fencing is used to differentiate ground level private open space from common areas. |
YES |
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7C.3 – Solar access |
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A minimum of 70% of apartments in each building must receive at least 3 hours direct sunlight to living rooms and adjacent private open space between 9am and 3pm on 21 June |
70% |
YES |
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A minimum of 50% of the common open space for residents use must receive direct sunlight for 3 hours between 9m and 3pm on 21 June |
>50% of the common open space will receive 3 hours solar access |
YES |
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The number of single aspect apartments with a southerly aspect (SW to SE) is limited to 10% of the total number of apartments proposed in each building. |
10.8% (4 of 37) |
YES |
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All developments must allow the retention of 3 hours sunlight between 9am and 3pm on 21 June to living areas and the principal portion of the private and communal open space of existing residential flat buildings and multi-dwelling housing on adjoining lots and any residential development in adjoining lower density zones |
Units 8, 9 and 10 in 2-8 Bruce Avenue will no longer receive 3 hours solar access. |
NO |
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Developments must allow the retention of a minimum 4 hours direct sunlight to all existing neighbouring solar collectors and solar hot water services |
No impact on neighbouring solar collectors and solar hot water services |
YES |
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All developments must utilise shading and glare control |
Shading devices are proposed |
YES |
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7C.4 – Natural Ventilation |
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All habitable rooms are to have operable windows or doors |
operable windows and doors provided |
YES |
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At least 60% of apartments must have natural cross ventilation |
27 / 37 = 73% |
YES |
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At least 25% of kitchens are to be immediately adjacent to an operable window |
12 / 37 = 32% |
YES |
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Cross ventilation is not to be dependant on skylights or open corridors where it would impact on privacy |
No reliance on windows to open corridors or skylights |
YES |
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7C.5 – Apartment depth and width |
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Dual aspect apartments are to have a maximum internal plan depth of 18m from glass line to glass line |
<18m |
YES |
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Single aspect apartments are to have a maximum internal plan depth of 8m from glass line to internal face of wall of habitable area |
Unit 1, 5, 14 = 10.2m to front entry foyer |
NO |
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The width of dual aspect apartments over 15m deep must be 4m or greater to avoid deep narrow apartment layouts |
<15m |
YES |
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All kitchens must not be located more than 8m to the back wall of the kitchen from an external opening |
All kitchen are within 8m on an external opening |
YES |
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7C.6 – Apartment mix and sizes |
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A range of apartment sizes and types must be included in the development |
A mix of 1, 2 and 3 bedroom apartments is proposed |
YES |
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One bedroom and studio apartments are to have a minimum floor area of 38.5m2 |
53m2 min. |
YES |
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Two bedroom apartments are to have a minimum floor area of 70m2 |
77m2 min. |
YES |
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Three bedroom apartments are to have a minimum floor area of 95m2 |
95m2 min. |
YES |
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A mix of 1, 2 and 3 bedroom apartments are to be provided on the ground level |
A mix of 1, 2 and 3 bedroom apartments are provided at the ground level |
YES |
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At least one apartments for each 10 apartments is to be designed as adaptable housing Class C |
Four adaptable apartments have been provided |
YES |
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At least 70% of apartments in the development are to be visitable |
77% |
YES |
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7C.7 – Room sizes |
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Living areas in apartments with two or more bedrooms are to have living areas with a minimum internal plan dimension of 4m |
>4m |
YES |
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Living areas in one bedroom apartments are to have a minimum internal plan dimension of 3.5m |
3.5m min. |
YES |
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Bedrooms in one and two bedroom apartments must have minimum internal plan dimension of 3m (excluding wardrobes) |
3m min. |
YES |
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In apartments with 3 or more bedrooms at least two bedrooms are to have minimum internal plan dimension of 3m (excluding wardrobes) |
3m min. |
YES |
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Built in wardrobes are to be provided to all studio apartments, to all bedrooms in one and two bedroom apartments and to at least two bedrooms in apartments of three or more bedrooms |
Built in wardrobes have been provided. |
YES |
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7C.8 – Building entries |
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Buildings must address the street either: with main entrances to lift lobbies directly accessible and visible from the street; or with the path to the building entry readily visible from the street where site configuration is conducive to having a side entry. |
The entry to the building is set back from the street as the building is located behind the existing dwellings. The pedestrian entry to the site is identified by a freestanding structure located at the front boundary. |
YES |
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Buildings with facades over 18m long must have multiple entries.
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The façade of the building is over 18m long and two entries have been provided. |
YES |
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Building entry must be integrated with building facade design. At street level, the entry is to be articulated with awnings, porticos, recesses or projecting bays for clear identification.
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The entries to the building are identified through awnings. |
YES |
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All entry areas must be well lit and designed to avoid any concealment or entrapment areas. All light spill is prohibited.
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The entry area does not contain concealment or entrapment areas. Light spill will be minimised by the proposed awnings. |
YES |
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Lockable mail boxes must be provided close to the street. They must be at 90 degrees to the street and to Australia Post standards and integrated with front fences or building entries.
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Mailboxes are located at the front boundary of the site and are orientated 90 degrees to the street alignment. |
YES |
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On large development sites comprising multiple building blocks, clear entries, sightlines and way-finding signs are to be provided. |
The layout of the development is relatively simple and way finding signage is unlikely to be necessary.
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YES |
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7C.9 Internal Common Circulation |
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The design of internal common circulation space must comply with the provisions in AS1428.1 and AS1428.2 to provide adequate pedestrian mobility and access.
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An access report which demonstrates compliance with the standards has been provided. |
YES |
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All common circulation areas including foyers, lift lobbies and stairways must have: i) appropriate levels of lighting with a preference for natural light where possible; ii) short corridor lengths that give clear sight lines; iii) clear signage noting apartment numbers, common areas and general direction finding; iv) natural ventilation; v) low maintenance and robust materials.
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All common circulations area apart from the lift lobby and corridor for Units 1, 2 and 3 have natural lighting and ventilation. All corridors are short in length and provide clear sight lines. |
YES
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Where artificial lighting is required energy efficient lights are to be used in conjunction with timers or daylight controls.
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This issue is addressed by the BASIX certificate |
YES |
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All single common corridors must: - serve a maximum of 8 units - >1.5m wide - >1.8m wide at lift lobbies |
No corridor serves more than 5 units. All corridors are 1.8m wide at lift lobbies and 1.5m wide elsewhere. |
YES
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7C.10 Building facades |
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Street, side and rear building facades must be modulated and articulation with wall planes varying in depth by not less than 0.6m. No single wall plane is to exceed 81m2 in area. |
Parts of the south, west and north elevations have wall planes greater than 81m2. |
NO |
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The continuous length of a single building on any elevation must not exceed 36m. The length of a single building elevation facing the side or rear may exceed 36m providing that:
The façade is recessed to an adequate depth and width to appear as distinctive bays or wings The recess is common area with landscaping which includes at least one medium tree with an 8m canopy diameter at maturity |
The north and south elevations have a length of more than 36m. |
NO |
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Air conditioning units must not be located on the building façade or with the private open space |
Air conditioning units are located in the basement plant rooms |
YES |
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Balconies that run the full length of the building façade are not permitted |
No balconies that run the full length of the building façade are proposed |
YES |
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Balconies must not project more than 1.5m from the outermost wall of the building facade |
The balconies to Units 17, 18, 20, 21, 26, 27. 29 and 30 project more than 1.5m from the outermost wall of the building façade. |
NO |
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Windows to a habitable room are to be situated to encourage opportunities for passive surveillance to the site and on site areas surrounding the building |
Windows to a habitable room are located to provide for passive surveillance to the site and on site areas surrounding the building |
YES |
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7C.11 – Building storeys |
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Sites with the following maximum building heights under the Ku-ring-gai LEP (Local Centres) are to have a maximum number of storeys above the basement as follows: 11.5m = 3 storeys 14.5m = 4 storeys 17.5m = 5 storeys 23.5m = 7 storeys |
The site is subject to a height limit of 17.5m and the building has a height of 5 storeys |
YES |
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7C.12 – Ground floor apartments |
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The finished ground level outside the living area at the building line of a ground level apartment must not be more than 0.9m below existing ground level. |
Private open space to Unit 11 is 1.2m below the existing ground level. |
NO |
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Where the finished ground level outside the living area at the building line is more than 0.5m, the private open space must be level for a minimum of 2.4m from the living area.
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Level for 4m |
YES |
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No obstructions, such as retaining walls or fences, are permitted to project beyond a 45˚ control plane, (10am sun angle at 23 March) drawn from the finished ground level outside the living area at the building line to the end of the private open space. Plants may project beyond the 45˚ control plane.
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No obstructions |
YES |
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7C.13 – Top storey design and roof forms |
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The gross floor area of the top storey is not to exceed 60% of the gross floor area of the storey immediately below. |
32.18% |
YES |
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The top storey of a building is to be set back from the outer face of the floors below on all sides (roof projection is allowed beyond the outer face of the top storey).
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The lift, corridor and fire stairs of the top storey are not setback from the floors below. |
NO |
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The upper storeys of residential buildings are to be articulated with differentiated roof forms, maisonettes or mezzanine penthouses and the like.
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A skillion roof is proposed |
YES |
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Service elements are to be integrated into the overall design of the roof so as not to be visible from the public domain or any surrounding development. These elements include lift overruns, plant equipment, chimneys, vent stacks, water storage, communication devices and signage.
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The lift overruns have been integrated into the design of the building. No plant equipment, chimneys, vent stacks, water storage, communication devices and signage is located on the roof. |
YES |
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Roof design must respond to solar access, for example, by using eaves and skillion roofs.
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The eaves of the skillion roofs will provide sun protection to the windows on the top floor level. |
YES |
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Where solar panels are provided they must be integrated into the roof line.
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Solar panels are not proposed. |
YES |
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Lightweight pergolas, privacy screens and planters are permitted on the roof, provided they do not increase the bulk of the building, create visual clutter or impact on significant views from adjoining properties.
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No lightweight pergolas, privacy screens or planters are located on the roof. |
YES |
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7C.14 – Internal ceiling heights |
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The minimum ceiling height for a habitable room shall be 2.4m |
2.7m min. |
YES |
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The minimum ceiling height for a non-habitable room shall be 2.25m |
2.7m min. |
YES |
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7C.15 – Visual privacy |
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Buildings must be designed to ensure privacy for residents of the development and of the neighbouring site. The use of offset balconies, recessed balconies, vertical fins, solid and semi-transparent balustrades, louvres/screen panels and planter boxes is encouraged. |
Privacy for residents of the development and neighbouring sites has been considered. Recessed balconies and vertical fins have been utilised. |
YES |
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Privacy for ground floor apartments should be achieved by the use of a change in level and/or screen planting. |
Changes in level, fencing and landscaping used to achieve privacy |
YES |
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Continuous transparent balustrades are not permitted to balconies or terraces for the lower 3 storeys.
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No continuous balconies across the facades |
YES |
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Screening between apartments must be integrated with the overall building design.
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Screening devices are integrated into the design of the building |
YES |
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Landscaped screening must be provided to adjoining sites.
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Landscape planting has been provided adjacent to the site boundaries |
YES |
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7C.16 - Storage |
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Storage space shall be provided at the following minimum volumes: - 6m3 for studio and one bedroom apartments - 8m3 for two bedroom units - 10m3 for two bedroom units - 12m3 for units with three or more bedrooms At least 50% of the required storage space must be provided inside the apartment. |
Storage provision complies with these requirements. |
YES |
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7C.17 – External air clothes drying facilities |
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Each apartment is required to have access to an external air clothes drying area, e.g. a screened balcony, a terrace or common area. |
All apartments have access to a screen clothes drying area. |
YES |
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External air clothes drying areas must be screened from public and common open space areas. |
All external clothes drying area are screened from public and common open space areas |
YES |
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Where space is provided in common areas clothes lines are to be provided.
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7C.18 - Fencing |
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Front fences and walls (to a public street) and side fences in the street setback must not be higher than: i) 0.9m if of closed construction (such as masonry, lapped and capped timber or brushwood fences); or ii) 1.2m if of open construction (such as open paling and picket fences).
Note: Open fencing includes: panels set into a timber frame or between brick piers, where any solid base is not taller than 0.9m, and panels are spaced pickets, palings, or lattice. |
An open fence (timber pickets) is proposed in front of 14 Cecil Street, the proposed fence will match the existing fence at 12 Cecil Street |
YES |
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Closed front fences with a maximum height of 1.8m may be considered where the site fronts a busy road or other sources of undesirable noise. These fences are to be set back at least 2m from the front boundary and screened by landscaping. Note: Rendered masonry boundary walls are generally inappropriate to the landscape character of Ku-ring-gai. |
An open front fence is proposed. |
N/A |
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Fences and walls must step down and follow the natural contours of the site.
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The new front fence has been stepped to follow the natural slope of the site |
YES |
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Hedges and shrub planting on the front boundary are to have a maximum height of 1.2m.
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No hedge planting is proposed, the existing landscaping at the front boundary is to be retained and protected |
YES |
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All fencing must be designed to highlight entrances, and be compatible with buildings, letterboxes and garbage storage areas.
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An opening in the front fence identifies the location of the pedestrian entry to the site |
YES |
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External finishes for fencing must be robust and graffiti resistant.
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A timber picket fence is not an attractive graffiti canvas and is easily repainted if graffiti does occur |
YES |
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7.2 Heritage item within amalgamated development sites |
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Key views to and from the heritage item must be conserved as part of the development |
The key views of the heritage item are from the public domain, these views have been preserved. The views from the heritage item are to existing development and the public domain, these views will be maintained. |
YES |
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New buildings are to be articulated to respond to the significance of heritage items in amalgamated sites to achieve an appropriate transition in height, bulk and scale. An 18m setback is required for new development with a wall height of more than 8m. |
15.4m |
NO |
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Minimise lengths of new buildings in relation to heritage items |
The length of the new building has been minimised |
YES |
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The street setback of a new building is to be greater than the street setback of the heritage item, for that portion of the new building which exceeds the height of the heritage item. |
The new building is located behind the heritage items |
YES |
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The minimum distance between new development and heritage items on amalgamated sites must be 12m |
12m |
YES |
Part 1.11 - How to use the DCP design objectives and controls
Part 1A of the DCP provides the following guidance of how the provisions of the local centres DCP are to be applied:
How to use this DCP
The planning framework contained in this DCP adopts a place-based planning approach. This is supported by design and environmental objectives and detailed controls aimed at achieving a high quality built environment, landscape setting and community spaces. These are supported by diagrams and photos.
1. Objectives
The objectives contained in this DCP outline the outcomes that proposed developments are required to achieve. In order to gain consent, developments need to demonstrate that they have fulfilled the relevant objectives for each element.
Note: The numbering of the aims of the plan and the objectives within each part are for convenience only, and do not indicate priority.
2. Controls
The design controls demonstrate the preferred ways in which the objectives are to be achieved for improving site and building design. The controls focus on building performance/functionality, form, layout, sustainability and residential amenity.
Council may consider alternate solutions to the controls provided in this DCP where:
· the alternate solution is considered to be a reasonable planning outcome; and
· the alternate solution achieves the aims and objectives of that design element.
An assessment of the variations to the design controls identified in the compliance table is provided below.
Driveway setback
The DCP states that driveways are to have a minimum side setback of 6 metres. The proposed driveway which provides access to the basement carpark has a setback of 1.8 metres from the eastern side boundary. The objective of the driveway setback control is to provide deep soil landscaping adjacent to the driveway to soften the built form and enable development that is consistent with the landscaped character of Ku-ring-gai. As residential flat buildings with a height of up to 17.5 metres are permitted in R4 zones, large areas of deep soil landscaping are required for tree planting. The proposed driveway cannot be set back 6m from the side boundary because the distance between the eastern elevation of No. 12 Cecil Street and the side boundary is 8.5 metres. A minimum distance of 9m would be required for a 6m setback and a 3 metres wide driveway.
The appropriate outcome for the heritage setting is for the driveway to be located away from the eastern elevation in the manner shown on the submitted plans. The landscape plan nominates the planting of 40 screening plants with a height of between 2-4 metres and 4 small trees with a height of 10 metres between the eastern edge of the driveway and the side boundary. Planting between the western edge of the driveway and the eastern elevation of No. 12 Cecil Street is also proposed. The proposed planting scheme will create a landscape setting that is appropriate to the characteristics of the site and the locality.
As the proposed residential flat building has a setback of more than 40 metres from the front boundary and the proposed driveway is adjacent to existing single storey dwellings which require less intensive landscape screening than residential flat buildings, the variation to the setback control is considered to be acceptable.
Depth of single aspect apartments
Design Control No. 3 in Part 7C.5 ‘Natural ventilation’ of the Local Centres DCP limits the depth of a single aspect apartment to a maximum of 8m. The objective of this control is to
Ensure that apartments have good amenity for occupants in terms of sun access and natural ventilation. Units 1, 5 and 14 are single aspect east facing one bedroom apartments which have a depth of 10 metres. Despite the depth of these apartments being greater than 8 metres, 3 hours solar access to the living room and balcony is achieved and the full height windows and glazed sliding doors will provide good levels of daylight and some natural ventilation. While the ventilation of the apartments will not be to the same standard and a cross ventilated apartments, the proportion of cross ventilated apartments in the development exceeds the 60% standard and the kitchen will be provided with an externally ducted exhaust fan to remove cooking odours.
Solar access – south facing apartments
Design Control No. 3 in part 7C.3 ‘Solar Access’ of the Local Centres DCP limits the number of single aspect apartments with a southerly aspect (SW to SE) to 10% of the total number of apartments proposed in each building. The development exhibits a minor compliance with this control as 4 of 37 units (10.8%) are single aspect apartments with a southerly aspect. To improve solar access, three of these apartments have a west-facing highlight window to the living room, while this window will not receive any direct solar access in winter, it will improve daylight access. The minor variation to the design control is considered acceptable in this instance.
Overshadowing
The proposed development will reduce solar access to three apartments in the existing development adjoining the rear of the site known as 2-8 Bruce Avenue. Apartments 8, 9 and 10 at 2-8 Bruce Avenue currently receive between 5-6 hours of solar access. The development will eliminate all solar access to these apartments between 9am and 3pm on the winter solstice. The applicant’s justification for the non compliance with the solar access control is that the affected units are located at a partial basement level and the lowest above ground floor level of the building and only achieve solar access due to the absence of significant development at 12-14 Cecil Street. The applicant also states that the height and floor space ratio of the development is compliant with the planning control and that the development at 2-8 Bruce Avenue will still comply with the 70% solar access requirement specified for residential flat buildings despite the loss of solar access to Apartments 8, 9 and 10.
The proposed development complies with the building height and floor space ratio controls of the DCP and will not have a significant overall detrimental impact on solar access to the apartments at 2-8 Bruce Avenue. More than 70% of the apartments at 2-8 Bruce Avenue will continue to receive 3 hours solar access on the winter solstice, if a development application for the existing development at 2-8 Bruce Avenue was submitted it would comply with the solar access requirements for new residential flat development. For the proposed development not to affect solar access to Apartments 8, 9 and 10 at 2-8 Bruce Avenue a significant reduction in the height of the building or increase to the rear setback would be required, such a reduction in height or increase in setback would be unreasonable as compliance with the developments standards for building height and floor space ratio has been achieved and the rear setback is compliant with the DCP controls. Accordingly, the applicant’s justification is supported.
Façade area
Design Control No. 3 in Part 7C.10 ‘Building facades’ of the Local Centres DCP limits the area of a single wall plane to a maximum of 81m2. Parts of the southern, western and northern elevations have wall planes greater than 81m2 in area. The objectives of the maximum wall plane area control include promoting buildings of high architectural quality and creating building façades that reduce the bulk and scale of the building. The eastern side of the northern elevation has a wall plane with an area of 84m2, the western side of the southern elevation has a wall plane with an area of 98m2 and the northern side of the western elevation has an area of 132m2.
The development has been designed to provide an uncluttered backdrop to the heritage dwellings at the front of the site. To achieve this outcome the facades of the development have a simple expression which does not compete with the more intricate architecture of the heritage listed dwellings. This design approach has been carried over to the southern and western elevations. These elevations have been articulated through the use of fenestration, materials and variations in wall alignment. With respect to the western elevation, it is also noted that part of the wall plane which exceeds 81m2 is located below the existing ground level and would not be visible from the adjacent site. With respect to the southern elevation the maximum wall plane area of 98m2 relates to an elevation where the next largest wall plane is 71m2 and the smallest wall plane is 18m2. The design of the southern elevation successfully reduces the bulk and scale of the building.
Façade length
Design Control No. 4 in Part 7C.10 ‘Building facades’ of the Local Centres DCP limits the continuous length of a single building on any elevation to 36 metres. The objective of this control is to promote view corridors between buildings and provide a leafy outlook from all apartments. Variations to the design control may be considered if the façade is recessed to an adequate depth and width to appear as distinctive bays or wings and the recess is common area with landscaping which includes at least one medium tree with an 8m canopy diameter at maturity.
The northern and southern facades of the building are 42 metres in length. The walls of the northern and southern elevations are staggered in plan and landscaping is provided. While a recess capable of supporting a tree with an 8m canopy spread is not provided on the southern elevation, significant plantings including five Sydney Blue Gums with a mature height of 15-25 metres and a canopy spread of 5-10 metres are proposed. The recess in the northern elevation contains private courtyard in which tall tree planting is undesirable. However, an existing Bull Bay Magnolia which has a height of 10 metres and a canopy spread of 12 metres, located in front of the northern elevation, is proposed to be retained. Despite the variation to the continuous building length control, the development achieves the objective of providing a leafy outlook to all apartments and providing view corridors between buildings.
Top storey setback
Design Control No. 2 in Part 7C.13 ‘Top storey design and roof forms’ of the Local Centres DCP states that the top storey of a building is to be set back from the outer face of the floors below on all sides. The southern and western walls of the top storey (Units 37 and 38) are set back from the outer facades of the wall below but the northern wall of the stairs and the eastern wall of the lift and corridor are not. The objectives of the control are to minimise the visual bulk of the top storey and provide articulation that prevents increased overshadowing.
The northern wall of the stairs and the eastern wall of the lift and corridor cannot be set back from the floor below because these buildings elements are located at the external face of the building. A setback from the floor below could only be achieved if these circulation spaces were centrally located. The floor area of the top storey is only half that permitted by the 60% top storey control and does not result in increased visual bulk or increased overshadowing. The objectives of the top storey setback control are achieved and the variation is supported for this reason.
Ground floor apartments
Design Control No. 1 in Part 7C.12 ‘Ground floor apartments’ of the Local Centres DCP states that the finished ground level outside the living area of a ground level apartment must not be more than 900mm below the existing ground level. Units 11 & 12, which are located in the north-western corner of the ground floor level, are situated 1.3 metres below the surface level of the existing tennis court. The objectives of the control are to provide good daylight and ventilation to ground floor apartments and minimise excavation.
Unit 11 will receive 6 hours solar access to living room windows and 4 hours solar access to the courtyard. Unit 12 will receive 5 hours solar access to living room windows and 4 hours solar access to the courtyard. Solar access to Units 11 & 12 exceeds the 3 hour requirement of the Local Centres DCP. The finished level of the courtyards will require increased excavation, however the excavation will not impact on existing trees and reduces the height of the western elevation and the impact of the development on the residential flat building at 16 Cecil Street. The variation to the design control results in a reasonable planning outcome which satisfies the objectives of the control.
Balcony projection
The balconies to Units 17, 18, 20, 21, 26, 27, 29, 30, 34 and 35 have a projection of 2.2-2.7 metres beyond the outermost wall of the building façade with does not comply with the 1.5 metres balcony projection control. The objectives of the design control include promoting buildings of high architectural quality and integrating building elements into the overall building form and façade design.
Four of the projecting balconies are located in the centre of the building and the “U” shaped building footprint disguises their projection from the building façade. The other six balconies are located on the western side of the northern façade and have been integrated into the building form through the utilisation of a two vertically orientated rectangular concrete frames. The concrete frame forms two modules of three balconies which are integrated into the northern and western elevation by material selection and shared geometric form.
New buildings on development sites containing heritage items
Design Control 6 in Part 7.2 of the Local Centres DCP states that articulation of new buildings is to be in accordance with Figure 7.2-4. Figure 7.2-4 requires that any part of a new building which exceeds a height of 8m is to be set back a minimum of 18 metres from the heritage item. The applicant and Council staff have not reached agreement on the interpretation of Figure 7.2-4. The applicant is of the view that the height of the new building should be measured from the ground level of the heritage item. Council staff are of the opinion that the height of the new building should be measured from the existing ground level at the facade of the new building. The advantage of the applicant’s interpretation is that taking the measurement from a reference point which relates to the heritage item will minimise the impact of development undertaken on land where the ground level is higher than the ground level surrounding the heritage item. The advantage of the interpretation advocated by Council staff is that it is supported by Design Control ( v) in part 7.3 of the DCP.
The applicant claims that the provisions of Part 7.3 do not apply to the site and therefore cannot be used to assist in the interpretation of Figure 7.2-4. Council staff do not agree with this approach, there is no reason why the provisions of Part 7.3 cannot be used to assist the interpretation of Figure 7.2-4, particularly as Figure 7.2-4 applies to development subject to both Part 7.2 and Part 7.3. Should an application be submitted for a new building on land that was higher than the heritage item, it is likely that the applicant would refer to Part 7.3 in support of an interpretation in which the height of the new building is measured from the existing ground level at the facade of the new building.
Based on the assessment undertaken by Council staff the proposed development does not comply with Design Control 6 in Part 7.2 of the Local Centres DCP as a setback of 15.4m is provided to that part of the new building which exceeds 8 metres in height and a setback of 18 metres is required. In accordance with Part 1A of the Local Centres DCP, any alternate solutions to the controls are to be considered against the following criteria:
· the alternate solution is considered to be a reasonable planning outcome; and
· the alternate solution achieves the aims and objectives of that design element.
The objective of the heritage setback control is to encourage sympathetic development that conserves the heritage item and its context. The control does this by requiring new buildings to achieve an appropriate transition in height, bulk and scale. A setback control can achieve this outcome by avoiding situations where new buildings display an abrupt change in scale which overwhelms the heritage item and detracts from its significance.
The proposed setback of 15.4 metres is not a significant variation to the requirement of 18m. The setback of 15.4 metres still achieves a transition in height, bulk and scale in this instance. Views from the street to the heritage items will be preserved and the proposed building has been designed to form a backdrop to the heritage items which allows for the appreciation of their architecture and scale. Despite the variation to the design control Council’s Heritage Advisor is satisfied that the development has an acceptable impact on the heritage significance of the heritage items and provides a satisfactory transition between the single storey heritage items and the surrounding development which includes 5 storey residential flat buildings in Bruce Avenue and the Pacific Highway.
Section 94 Development Contributions Plan 2010
The development attracts a section 94 contribution of $883,462.12 which is required to be paid prior to the issue of the Construction Certificate. (Condition 47)
Likely Impacts
The likely impacts of the development have been considered within this report and are deemed to be acceptable, subject to conditions.
Suitability of the Site
The site is suitable for the proposed development.
Public Interest
The proposal is considered to be in the public interest.
Conclusion
Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory.
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That Council as the consent authority grant deferred commencement development consent to DA0094/13 for partial demolition and alterations to two existing dwellings and construction of a residential flat building, basement parking and associated works on land at 12 & 14 Cecil Street, Killara for a period of two (2) years from the date of the notice of determination subject to the following conditions.
SCHEDULE A:
Drainage easement (deferred commencement)
The applicant shall submit documentary evidence that the property benefits from a drainage easement over the downstream properties as far as the public drainage system. This consent will not operate until the documentary evidence has been submitted to and approved by Council’s Development Engineer.
Reason: To ensure that provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties.
NOTE: The deferred commencement terms must be satisfied within 1 year of the date that development consent is granted.
SCHEDULE B:
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. No demolition of extra fabric
Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.
Reason: To ensure compliance with the development consent.
Conditions to be satisfied prior to demolition, excavation or construction:
4. 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.
5. Asbestos works
All work involving asbestos products and materials, including asbestos-cement-sheeting (ie Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.
Reason: To ensure public safety 6. Groundwater inflow predictions Prior to the commencement of works on site, but after the geotechnical investigation comprising cored boreholes and groundwater monitoring:
1. The predicted instantaneous inflow rate (expressed in litres per second) and the predicted total groundwater extraction volume (expressed in megalitres) for the defined period of construction (expressed in months) of the development shall be determined and advised to the NSW Office of Water. The treatment, management and disposal of the pumped groundwater will be subject to the approval of the appropriate regulatory authority.
2. The predicted instantaneous inflow rate (expressed in litres per second) and the predicted total groundwater extraction volume (expressed in megalitres per year) for the long-term operation of the development shall be determined and advised to the NSW Office of Water. The treatment, management and disposal of the pumped groundwater will be subject to the approval of the appropriate regulatory authority.
Note: The appropriate regulatory authority may be either council, Sydney Water, the NSW Environmental Protection Authority or the NSW Office of Water, depending on the quality or contamination status of the groundwater and the proposed method of disposal.
Reason: To protect the environment.
7. Parking restrictions
Prior to the commencement of any works on the site, the applicant must install parking restrictions in Cecil Street opposite the site. The restrictions are to apply for the duration of construction and are to comprise No Parking for school drop-off and pick-up times and 4 hour parking in between or as otherwise agreed by the Ku-ring-gai Traffic Committee. This is to apply to the currently unrestricted zone and not the zone which is already restricted.
Reason: Neighbour amenity and to ensure traffic flow is maintained in Cecil Street.
8. 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.
9. 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.
10. 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 Cecil 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.
11. Dilapidation survey and report (private property)
Prior to the commencement of any demolition or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:
Address:
· The two heritage residences on the subject site (Nos. 12 & 14 Cecil Street) · 10 Cecil Street, 16 Cecil Street (eastern wing only), 2-8 Bruce Avenue
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.
12. Geotechnical report
Prior to the commencement of any bulk excavation works on site, the applicant shall submit to the Principal Certifying Authority, the results of the detailed geotechnical investigation comprising a minimum of four cored boreholes to at least 1 metre below the proposed basement level, and installation and monitoring of two piezometer standpipes. The report is to address such matters as:
· appropriate excavation methods and techniques · vibration management and monitoring · dilapidation survey · support and retention of excavates faces · hydrogeological considerations
The recommendations of the report are to be implemented during the course of the works.
Reason: To ensure the safety and protection of property.
13. Construction and traffic management plan
The applicant must submit to Council a Construction Traffic Management Plan (CTMP), which is to be approved prior to the commencement of any works on site.
The plan is to consist of a report with Traffic Control Plans attached.
The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The CTMP applies to all persons associated with demolition, excavation and construction of the development.
The report is to contain construction vehicle routes for approach and departure to and from all directions.
The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for an 11 metre long heavy rigid vehicle.
The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:
o demolition o excavation o concrete pour o construction of vehicular crossing and reinstatement of footpath o traffic control for vehicles reversing into or out of the site
Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users.
For traffic and pedestrian safety, no truck movements are permitted in Cecil Street during school drop-off (7.45 to 8.30am) and pick-up (2.30 to 3.45pm) periods on school days.
When a satisfactory CTMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved CTMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines may be issued for any non-compliance with this condition.
Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.
14. Work zone
A Works Zone is to be provided in Cecil Street prior to the commencement of works subject to the approval of the Ku-ring-gai Local Traffic Committee.
No loading or unloading must be undertaken from the public road or nature strip unless within a Works Zone which has been approved and paid for.
In the event that the Works 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 Works 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.
15. 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.
16. 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.
The tree protection fencing shall be constructed of galvanised pipe at 2.4 metres 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
17. Tree protection fencing excluding structure
To preserve the following tree/s, no work shall commence until the area beneath their canopy excluding that area of the approved (driveway to House 2, driveway to basement of flat building, flat building) shall be fenced off for the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site:
Reason: To protect existing trees during the construction phase.
18. Tree protection signage
Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:
Tree protection zone.
· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted. · Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report. · The arborist's report shall provide proof that no other alternative is available. · The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council. · The name, address, and telephone number of the developer.
Reason: To protect existing trees during the construction phase.
19. 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.
20. 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:
Reason: To protect existing trees during the construction phase.
21. Trunk protection
To preserve the following tree/s, no work shall commence until the trunk/s are protected by the placement of 2.0 metres lengths of 50 x 100mm hardwood timbers spaced at 150mm centres and secured by 2mm wire at 300mm wide spacing over suitable protective padding material. The trunk protection shall be maintained intact until the completion of all work on site.
Any damage to the tree/s shall be treated immediately by an experienced Horticulturist/Arborist, with minimum qualification of Horticulture Certificate or Tree Surgery Certificate and a report detailing the works carried out shall be submitted to the Principal Certifying Authority:
Reason: To protect existing trees during the construction phase.
22. 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.
23. 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:
i. identification of the specific activities that will be carried out and associated noise sources ii. identification of all potentially affected sensitive receivers, including residences, churches, commercial premises, schools and properties containing noise sensitive equipment iii. the construction noise objective specified in the conditions of this consent iv. the construction vibration criteria specified in the conditions of this consent v. determination of appropriate noise and vibration objectives for each identified sensitive receiver vi. noise and vibration monitoring, reporting and response procedures vii. assessment of potential noise and vibration from the proposed demolition, excavation and construction activities, including noise from construction vehicles and any traffic diversions viii. description of specific mitigation treatments, management methods and procedures that will be implemented to control noise and vibration during construction ix. construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency x. procedures for notifying residents of construction activities that are likely to affect their amenity through noise and vibration xi. 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:
24. Additional water management information
Prior to the issue of a Construction Certificate, the Principal Certifying Authority is to be satisfied that:
1. The MUSIC model demonstrating that the development complies with the water quality requirements of Volume C Part 4B.6 of Council's Local Centres Development Control Plan is attached to the Construction Certificate water management plans. 2. The rainwater retention and re-use for the development, as shown on the Construction Certificate water management plans, will achieve the 50% reduction in runoff days required under Volume C Part 4B.3 of Council's Local Centres Development Control Plan.
Reason: To protect the environment.
25. 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 following changes are required to the Landscape Plan:
1. To provide appropriate width planting bed along the western boundary of the flat building, the proposed path is not to kink to the west as shown until the rectangular planter with the 5 camellias. The widening of the garden bed along the side boundary to minimum 2 metres wide is to optimise the viable planting area for the establishment of tall tree plantings in association with the residential flat building. Additional plantings of 5 Eucalyptus saligna (Sydney Blue Gum) along the western side setback of the flat building are to be shown.
2. The proposed planting of three (3) Magnolia grandiflora (Bull-bay Magnolia) at the rear of House 2 is to be substituted with faster growing evergreen canopy tree species such as three (3) Stenocarpus sinuatus (Firewheel Tree), or similar.
3. Sufficient raised planters over the detention tank are to be provided to ensure that the proposed surface proposed planting indicated on the landscape plan is viable within the private courtyards of Units 8 and 9.
4. Tree 36 and Tree 58 are to be shown to be retained.
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended are required by this condition.
Note: An amended plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.
Reason: To ensure adequate landscaping of the site
26. Amendments to approved engineering plans
Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved engineering plan(s), listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:
The above engineering plan(s) shall be amended as follows:
The note stating "300 diameter in-ground interallotment drainage pipe..." is to be amended to reflect the approved diameter of the interallotment drianage pipe (280mm diameter HDPE).
Note: An amended engineering plan, prepared by a qualified engineer shall be submitted to the Certifying Authority.
Reason: To ensure that the development is in accordance with the determination.
27. 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.
28. 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.
29. 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.
30. 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.
31. External service pipes and the like prohibited
Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building. Details confirming compliance with this condition must be shown on construction certificate plans and detailed with construction certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on construction certificate plans and detailed with construction certificate specifications. External vents or roof vent pipes must not be visible from any place unless detailed upon development consent plans. Where there is any proposal to fit external service pipes or the like this must be detailed in an amended development (S96) application and submitted to Council for determination.
Vent pipes required by Sydney Water must not be placed on the front elevation of the building or front roof elevation. The applicant, owner and builder must protect the appearance of the building from the public place and the appearance of the streetscape by elimination of all external services excluding vent pipes required by Sydney Water and those detailed upon development consent plans.
Reason: To protect the streetscape and the integrity of the approved development.
32. 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.
33. Adaptable units
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application, [enter unit nos.], are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.
Note: Evidence from an appropriately qualified professional demonstrating compliance with this control is to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.
Reason: Disabled access & amenity.
34. 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.
35. Noise from road and rail (residential only)
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the residential flat building will be acoustically designed and constructed to ensure that the following LAeq levels are not exceeded: (a) in any bedroom in the building-35 dB(A) at any time between 10 pm and 7 am, (b) anywhere else in the building (other than a garage, kitchen, bathroom or hallway)-40 dB(A) at any time.
Plans and specifications of the required acoustic design shall be prepared by a practicing acoustic engineer and shall be submitted to the Principal Certifying Authority.
Reason: To minimise the impact of noise from the adjoining road or rail corridor on the occupants of the development.
36. 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.
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.
37. Location of plant (residential flat buildings)
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.
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.
38. 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.
39. 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 and a maximum gradient of 20% (required under Volume C Part 3.4 of the Ku-ring-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 · Convex mirrors are shown where required to facilitate safe access · 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.
40. Car parking allocation
Car parking within the development shall be allocated in the following way:
Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.
At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.
Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.
Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with federal legislation.
41. Number of bicycle spaces
The basement car park shall contain the number of bicycle spaces required by the Local Centres DCP. The bicycle parking spaces shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.
Reason: To provide alternative modes of transport to and from the site.
42. 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.
43. 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.
44. 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):
45. Infrastructure restorations fee
To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:
a) All work or activity taken in furtherance of the development the subject of this approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.
b) The applicant, builder, developer or any person acting in reliance on this approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.
c) The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.
d) In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.
e) In this condition:
“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and
“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.
Reason: To maintain public infrastructure.
46. 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:
47. 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.
48. Hours of work
Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.
Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.
Where it is necessary for works to occur outside of these hours (ie) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RTA from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.
Note: Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.
Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.
49. Temporary irrigation
Temporary irrigation within the tree protection fencing is to be provided. Irrigation volumes are to be determined by the project arborist.
Reason: To protect trees to be retained on site.
50. Reduction or elimination of groundwater impact If, during the detailed design of the development or during construction significant quantities of groundwater are identified or encountered, the NSW Office of Water shall be consulted. Any measures as directed or agreed to by the NSW Office of Water to reduce or eliminate the inflow of groundwater to the construction site shall be incorporated into the detailed design and/or construction of the development. Note: The NSW Office of Water shall determine the significance of any extraction volume and the need for an authorisation to account for the take of water so identified. Where an authorisation is deemed to be required, the applicant shall procure an entitlement from the relevant water source(s) appropriate to account for the extraction of groundwater. The authorisation shall be subject to prescribed assessment fees and administrative charges as determined from time-to-time by the Independent Pricing and Regulatory Tribunal (IPART). Reason: To protect the environment.
51. 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.
52. 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.
53. 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.
54. 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.
55. 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.
56. Further geotechnical input
The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by JK Geotechnics dated 9 June 2011 and the report submitted prior to commencement of works. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:
· further geotechnical investigations and testing recommended in the above report(s) and as determined necessary · further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary · written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs
Reason: To ensure the safety and protection of property.
57. 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 JK Geotechnics dated 9 June 2011 and the report submitted prior to commencement of works. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).
Reason: To ensure the safety and protection of property.
58. 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.
59. 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.
60. 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.
61. 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.
62. 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.
63. Approval for rock anchors
Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property. If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.
Reason: To ensure the ongoing safety and protection of property.
64. 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.
65. 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.
66. Sydney Water Section 73 Compliance Certificate
The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing CoOrdinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au <http://www.sydneywater.com.au> then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the CoOrdinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
Reason: Statutory requirement.
67. Arborist’s report
The trees 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.
68. Canopy/root pruning
Canopy and/or root pruning of the following tree(s) which is necessary to accommodate the approved building works shall be undertaken by an experienced AQF level 3 arborist under the supervision of the project arborist and in accordance with the reduction pruning clause of AS4373-2007. All other branches are to be tied back and protected during construction, under the supervision of a qualified arborist.
Reason: To protect the environment.
69. 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.
70. 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.
Reason: To protect existing trees.
71. Approved tree works
Approval is given for the following works to be undertaken to trees on the site. An arboricultural assessment prepared by Advanced Treescape Consulting and dated 16/06/11 has been submitted with the application. Tree numbers refer to this report.
Removal or pruning of any other tree on the site is not approved.
Reason: To ensure that the development is in accordance with the determination of Council.
72. Excavation near trees
No mechanical excavation shall be undertaken within the specified radius of the trunk(s) of the following tree(s) until root pruning by hand to minimum 700mm depth along the perimeter line of such works, is completed:
Reason: To protect existing trees.
73. Hand excavation
All excavation within the specified radius of the trunk(s) of the following tree(s) shall be hand dug under the supervision of the Project Arborist.
Reason: To protect existing trees.
74. 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.
75. 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.
76. 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.
77. Removal of noxious plants & weeds
All noxious and/or environmental weed species shall be removed from the property prior to completion of building works.
Reason: To protect the environment.
78. 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.
79. 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:
80. Easement for waste collection
Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that an easement for waste collection has been 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.
81. 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. 502813M_02 have been complied with.
Reason: Statutory requirement.
82. 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.
83. 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.
84. 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.
85. 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.
86. 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 88B or 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site stormwater retention and re-use facilities on the property.
The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Volume C Appendix 4R.9 of Ku-ring-gai Local Centres Development Control Plan). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.
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.
87. Certification of drainage works (dual occupancies and above)
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 Volume C Part 4 of Ku-ring-gai Local Centres Development Control Plan have been achieved · retained water is connected and available for use · all grates potentially accessible by children are secured · components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia · all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices
Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.
Reason: To protect the environment.
88. 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.
89. OSD positive covenant/restriction
Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88B or 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.
The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Appendix 4R.9 of Ku-ring-gai Local Centres DCP). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.
Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.
Reason: To protect the environment.
90. 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.
91. 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.
92. Certification of as-constructed driveway/car park - 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" 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 car park, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area
· Convex mirrors are provided where required to facilitate safe access § 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 car park.
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.
93. Reinstatement of redundant crossings and completion of infrastructure works
Prior to issue of the Occupation Certificate, and upon completion of all works likely to cause damage to Council's infrastructure, 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 any 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.
94. 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:
95. 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: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.
Reason: To protect the amenity of surrounding properties.
96. 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 units 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.
97. 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.
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Jonathan Goodwill Executive Assessment Officer |
Shaun Garland Team Leader Development Assessment South |
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Corrie Swanepoel Manager Development Assessment Services |
Michael Miocic Director Development & Regulation |
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A1View |
Location Sketch |
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2013/296825 |
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A2View |
Zoning Extract |
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2013/296826 |
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A3View |
Urban Design Consultant Comments on original DA plans |
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2013/153251 |
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A4View |
Basement Plans |
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2013/296960 |
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A5View |
Floor Plans |
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2013/296996 |
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A6View |
Elevations |
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2013/297000 |
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Ordinary Meeting of Council - 10 December 2013 |
NM.1 / 327 |
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Item NM.1 |
S09768 |
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2 December 2013 |
Notice of Rescission
Heritage Conservation Areas
Notice of Rescission from Councillors Szatow, Citer and Armstrong dated 2 December 2013
We the undersigned hereby rescind that part of the decision of Council of 26 November 2013 to amend the following zoning, FSR and alteration of boundaries of a Heritage Conservation Area (HCA).
We hereby rescind:
“1. Amendment of the Heritage Map and Schedule 5 to alter the boundaries of the following HCAs:
a. C24 Marian Street Conservation Area to exclude Lot 6, DP 3694, Lots 1, 2, 3, DP 119937, Lot 2, DP 932235, Lot 1, DP 945545, Parts 30 and 31, DP 3263, Lot 1, DP 102600 (being Part D. i. a. of the resolution).
2. Amendment
of the floor space ratio for 20-28 Culworth Avenue, Killara (Lots 1, 2 and 3
DP 119937, Lot 6 DP 3694, Lot 2 DP 932235 to ‘Q’ (1.3:1) and the height of
buildings Map ‘P’ (17.5m) (being Part C. 5. of the resolution).”
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That the above Notice of Rescission as printed be adopted.
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Councillor Cheryl Szatow Councillor for Gordon Ward |
Councillor David Citer Councillor for Gordon Ward |
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Councillor David Armstrong Councillor for Roseville Ward |
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Ordinary Meeting of Council - 10 December 2013 |
NM.2 / 328 |
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Item NM.2 |
S08640/3 |
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2 December 2013 |
Notice of Rescission
Naming
of Community Centre and
Sportsfield at former UTS site Lindfield
Notice of Rescission from Councillors Malicki, Berlioz and Pettett dated 2 December 2013
Following approaches from the community and based on new information including a suggestion of an extremely significant local figure -
We the undersigned Councillors, hereby move rescission of Minute No 373/13, GB 6 of the Ordinary Meeting of Council on 26 November, 2013 (Attachment A1):
“1. That Council name the former UTS sportsfield as the William Symons Sportsground and the community centre as the Leonard Keysor Community Centre.”
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That the above Notice of Rescission as printed be adopted.
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Councillor Elaine Malicki Councillor for Comenarra Ward |
Councillor Christiane Berlioz Councillor for St Ives Ward |
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Councillor Jeff Pettett Councillor for Comenarra Ward |
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A1View |
C. Bean submission to Council |
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2013/307547 |
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Item No: NM.2 |
C. E. W. BEAN – SUBMISSION TO COUNCIL
The UTS Oval will be dedicated to a distinguished individual. That individual should rightly be the famous war correspondent CHARLES BEAN, also known as C. E. W. BEAN.
Charles Bean contributed to not only Australia’s military history, but to our sense of identity as Australians. He did this not only through his writings both contemporary to and after WWI but also through the establishment of the Australian War Memorial for which he can receive most of the credit. Significantly, he was a resident of Kur-ing-gai, spending most of his adult life in Lindfield.
In the year of - or preceding year to - the century anniversary of Gallipoli, naming UTS Oval in his honour would be a just and fitting tribute to this remarkable man.
Born in Bathurst in 1879, Charles Bean is most remembered for his seminal Official History of Australia InThe War of 1914-1918, a six volume comprehensive history of Australia’s involvement in all aspects of World War I. To this day, the volumes remain a foundation document for historians.
Bean was educated in Britain, returning to Australia to teach. Eventually he became a reporter for the Sydney Morning Herald in 1908.
In 1914 Bean was appointed the official war correspondent and he landed at Gallipoli at 10am on 25 April 1915 and remained in the Dardenelles providing regular, first hand despatches for the Herald. In 1916 he moved to the Western Front and continued his work there.
Bean’s regular despatches from the WWI frontlines was a key factor in the emergence of the Anzac legend and its popularlisation of this legend which still holds fast to this day. He realised there was an Australian identity in the soldiers of the AIF, distinguishing characteristics which he wanted those at home to understand. The features of mateship, loyalty, larrikinism, a ‘can-do’ attitude, mixed with a healthy dose of questioning of authority he found uniquely Australian and made the AIF one of the best fighting forces in the war.
In 1919 Bean returned home and began work on the official history volumes. Knowing the importance of his record would become, he took 21 years to complete it. Bean remained a distinguished writer of articles and books and died in 1968.
After his war experience, Bean and his wife Ethel moved to Lindfield in the 1920’s and remained there for three decades, raising a family in our area.
Personally lobbying the Defence Minister of the time (Senator George Pearce) Bean was a very significant figure in the establishment of the Australian War Memorial and the Australian War Records office. Bean had a very strong view of the approach the Memorial should take (remembering the fallen, not glorifying war), and this philosophy influences the management of the War Memorial to this day.
He remained a writer of note through the ensuing decades and became highly respected for not only his many achievements but his humble, very “Aussie” attitude he no doubt came to value as an Australian trait. He refused a Knighthood on more than one occasion and during the Depression, he had his salary reduced even though he was not required to.
Later, Bean came to value our built environment and to that end established the Parks and Playground Movement of NSW and was instrumental in the Town Planning Association.
Bean’s descendants can still be found in the Kur-ing-gai area. He was “a local”, yet had huge national significance.
With the Gallipoli centenary fast approaching, naming the UTS Oval in honour of this remarkable Australian military legend would be a most suitable gesture for Kur-ing-gai Council as part of its observances of this solemn occasion. It would also be very fitting to hold a dedication ceremony around Anzac Day and involve members of the Council, the Defence Force, the Australian War Memorial, Bean’s descendants, and leaders from our local schools and other organisations.
On behalf of Kur-ing-gai Council by FOKE (Friends Of Kur-ing-gai Environment Inc)
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Ordinary Meeting of Council - 10 December 2013 |
NM.3 / 331 |
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Item NM.3 |
S02511 |
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2 December 2013 |
Notice of Motion
Aircraft Noise over the North Shore
Notice of Motion from Councillor Fornari-Orsmond dated 2 December 2013
As stated on the Sydney Airport Community Forum website: “The Sydney Airport Long Term Operating Plan (LTOP) is the program which was introduced to manage the aircraft noise associated with Sydney Airport. It was drawn up through a major consultative process during 1996 and 1997. The Plan was designed to ensure that aircraft movements are maximised over water and non-residential land. Where overflight of residential areas cannot be avoided the Plan aims to safely share the noise between communities."
LTOP targets:
The LTOP has the following noise sharing targets for aircraft movements:
17% of movements to the North of the Airport
13% of movements to the East of the Airport
15% of movements to the West of the Airport
55% of movements to the South of the Airport
After comparing the set targets above against the actuals in Attachment A1, it is clear that these targets are not being adhered to. From speaking to residents about this issue it is also obvious people are frustrated that there is no regard for complying with the LTOP nor any regard for the residents that make complaints about the excessive noise over the North Shore – which is way above, at times double, the set targets and these are figures based over a 3 year period.
The residents on the North Shore should be able to expect that a Government agreement set up to ensure equitable distribution of aircraft noise from Sydney Airport be adhered to.
I move:
“1. That the General Manager write to the Federal Minister of Infrastructure and Regional Development, with the supporting document (Attachment A1), requesting that Airservices Australia adhere to the agreed LTOP.
2. That the General Manager requests a response from the Minister both as to why Airservices Australia are not adhering to the LTOP targets and when the residents of the North Shore can expect operations will resume as per the agreed LTOP.”
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That the above Notice of Motion as printed be adopted.
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Councillor Chantelle Fornari-Orsmond Councillor for Wahroonga Ward |
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A1View |
Aircraft noise over the North Shore |
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2013/307819 |
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Item No: NM.3 |
Attachment 1 – Aircraft Noise over the North Shore
Sources: Airservices Australia website
Bureau of Meteorology website
[1] Prohibited investments are not limited to the list above and extend to any investment carried out for speculative purposes.
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[3] This category includes unrated ADI’s such as some Banks, Credit Unions and Building Societies to the extent not Commonwealth-guaranteed.
