Present:

The Mayor, Councillor J Anderson (Chairperson) (Roseville Ward)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors D Citer & C Szatow (Gordon Ward)

Councillor D Ossip (St Ives Ward)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Corporate Communications (Virginia Leafe)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Sigrid Banzer)

166

Apologies

File: S02194

Councillor David Armstrong tendered an apology for non-attendance [overseas] and requested leave of absence.

Councillor Christiane Berlioz tendered an apology for non-attendance [illness] and requested leave of absence.

Resolved:

(Moved: Councillors Ossip/McDonald) 

A.    That the apology from Councillor Armstrong be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

[Moved: Councillors Malicki /Pettett

B.    That the apologies from Councillor Berlioz be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

167

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: CouncillorS Szatow/McDonald)

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

C.1        Proposal to Acquire Land for Open Space - Turramurra

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

GB.9     Drainage Maintenance Contract including Pollution Control Devices

Attachment A1:   SHOROC Report

Attachment A2:   Schedule of Rates

Attachment A3:   Evaluation Assessment

Attachment A4:   Schedule of Rates for sub Panel 4,5 and 6

Attachment A5:   SHOROC Services Panel Deed

CARRIED UNANIMOUSLY

Memorandums:

Refer Council Minute Number 160 of 9 June 2015 – Minutes of Heritage Reference Committee held 13 April 2015 – Memorandum from Manager Records and Governance dated 23 June 2015 advising Councillors of a typographical error in Part B of the Minute.

Councillors Information:

Car Parking on St Ives Village Green - Memorandum from Director Operations dated 17 June 2015 in answer to a Question Without Notice raised by Councillor Christiane Berlioz at the Ordinary Meeting of Council held 9 June 2015.

Eastern Road Turramurra and Wahroonga – Shifting of Water Board Metal Plates and Potholes – Memorandum from Director Operations dated 10 June 2015 in answer to a Question Without Notice raised by Councillor Duncan McDonald at the Ordinary Meeting of Council held 24 February 2015.

168

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 9 June 2015

Minutes numbered 154 to 165

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

That Minutes numbered 154 to 165 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY by those present

169

Minutes of Ordinary Meeting of Council

File: S02131

Vide: Minute No 160 – Minutes of the Heritage Reference Committee – Meeting held 13 April 2015

Meeting held 9 June 2014

 The Manager Records and Governance advised that Minute Number 160 requires a correction to a typographical error in Part B of the Resolution which reads:

B.      That Council include the following railway stations as potential heritage items as part of the review of the Ku-ring-gai Local Environmental Plan (Local Centres) 2102.

The reference to the year '2102' is a typographical error and should have instead been '2012'.

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

That Part B of Minute No 160 of Ordinary Meeting of Council held 9 June 2015 be amended to read:

B.      That Council include the following railway stations as potential heritage items as part of the review of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

CARRIED UNANIMOUSLY by those present

170

VALE Barry Kirtley, Bushcare Volunteer

File: FY00424/6

Vide: MM.1

It is my sad duty to inform our community and my Councillor colleagues of the recent death of longstanding local resident and passionate Bushcare volunteer, Barry Kirtley.

Mr Kirtley and his wife migrated to Australia from the UK many years ago and settled in Ku-ring-gai, making the suburb of Killara their home. Sadly his wife died about 16 years ago and from then until his passing, Barry lived alone.

However this did not prevent him from becoming a very well-liked and active community member through his love of the bush. After his wife’s death Barry became a Bushcare volunteer, spending endless hours clearing weeds and replanting areas of bushland with native plants.  His neighbour Harry Smith recalls Barry’s love of nature: “Not long after we moved to East Killara, I remember seeing him in Eastgate Avenue trying to rescue a young echidna and move it back into the bush. He has devoted many years to bush regeneration in our local area and was a very hard worker in this regard…..he would always be willing to say hallo and have a chat while he was working cleaning up the area.”

Barry was not one for committees but his devotion to our natural environment was admirable, as was his selfless and quiet diligence in protecting it. Despite his solitary way of life, he was well liked and remembered by many of his neighbours and other Bushcare volunteers. On behalf of the Ku-ring-gai community, I offer my condolences to Barry’s family and those who were proud to call him a friend.

Resolved:

A.    That the Mayoral Minute be received and noted.

B.    That we stand for a minute’s silence to honour Barry Kirtley.

C.    That the Mayor writes to Barry’s family and encloses a copy of this Mayoral Minute.

CARRIED UNANIMOUSLY

171

Awards for Ku-ring-gai Council

File: S09970/2

Vide: MM.2

This month our Council has been recognised for the quality of its work through two prestigious awards.  The first is the Parks and Leisure Australia NSW Community Event of the Year Award for the inaugural St Ives Medieval Faire held in September 2014.  The Parks and Leisure Australia organisation has over 2,000 members in the recreation, entertainment and open space sectors.  For the St Ives Medieval Faire to be recognised as the premier community event in New South Wales in its opening year is a testament to the quality of this event and the strong organisational skills behind it.  Council staff, volunteers and members of the medieval re-enactment community worked long and hard over several months to deliver a Medieval Faire that is now the envy of other similar events.  The Parks and Leisure events award category recognises ‘events and/or festivals which promote and enhance opportunities for the good use of leisure time and social, environmental and economic benefits to the community’.  The Faire won the NSW event award for originality, community engagement and its focus on sustainability.

The positive feedback received after the first Faire -  and this award - means that the Council can now build on the strength of the inaugural event and deliver an even more exciting Faire this September.  It is pleasing to see that already tickets are being booked on the website at stivesmedievalfaire.com.au which augurs well for an even bigger crowd than the 12,000 who attended last year.

The second award announced just last week was from the Australasian Reporting Awards organisation.  The ARA awards are open to all public and private industry sectors in Australia and Asia and provide an opportunity for organisations to benchmark their reports against world best practice for annual reporting.  The Australasian Reporting Awards were introduced 65 years ago to improve the accountability of activities of organisations.

After a run of bronze and silver awards, this year Ku-ring-gai Council won a gold award in the government reporting category for our 2013-2014 annual report.  We were recognised for the transparency of our information, clear and concise summaries and the interesting and engaging display of financial figures.  ARA judges noted that our annual report was “a well-presented first time gold report (that) impresses with its attention to detail and cross referencing.  Each section contains supporting information in tables and notes about work in progress, completed projects and funding”.

I bring these latest awards to my Councillor colleagues and community’s attention because I believe it amply demonstrates our Council’s ethos of continuous improvement. I believe Ku-ring-gai is an example to others that conscientious, consistent effort and striving always to be the best does bring rewards. I look forward to many more awards for Ku-ring-gai Council being announced in the years to come.

Resolved:

That the Mayoral Minute be received and noted.

CARRIED UNANIMOUSLY

172

Lindfield Village Green - Preferred Concept Design

File: S10377

Vide: GB.5

To present to Council a detailed analysis of the three concept designs prepared for the Lindfield Village Green and to recommend a preferred concept design for Council’s adoption.

Resolved:

(Moved: Councillor McDonald/Mayor, Councillor J. Anderson)

That:

A.    Council adopt the concept plan prepared by JMD Design & TZG (Option B) as the preferred design.

B.    A full review of all comments made by the public and specialist consultants is undertaken and revisions are made (if required) to the concept plan addressing the key issues raised.

C.    Council allow minor variations to the preferred concept plan to accommodate potential amendments arising from comments made by the public and specialist consultants.

D.    The preferred concept be modified so as to provide a larger café space, which would be retained in Council ownership, and would cover annual operating costs attributable to the facility, excluding depreciation.

E.    The final concept plan be reported back to Council in 2015 and that the report includes recommendations in relation to the number of commuter parking spaces to be accommodated within the proposal.

F.    That once adopted by Council the final design be made public.

G.    In relation to completion of the concept design stage of work for the project, and pursuant to Section 55(3)(i) of the Local Government Act, Council is of the opinion that a satisfactory result would not be achieved by inviting tenders for the following reasons:

·        the consultant team JMD Design and TZG were selected as a result of a competitive process (an EOI) based on experience and expertise with similar projects;

·        the consultant team JMD Design and TZG have a significant amount of prior involvement having worked on the project since December 2014;

·        The consultant team JMD Design and TZG preliminary concept design has achieved a high level of community support and meets all the technical criteria;

·        Engaging another consultant to complete the concept design would risk loss of design integrity and potentially be a risk to Council’s reputation;

·        Engaging another consultant to complete the concept design would result in significant delays to the project which would potentially be a risk to Council’s reputation; and

·        JMD Design and TZG would be at a significant advantage over other potential tenderers and a satisfactory result would not be achieved by inviting tenders at this stage.

H.    That the three design teams responsible for the exhibited concept plans be advised of Council’s decision and thanked for their participation in the project.

I.     That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify lots:

- Lot 2 in DP 219628

- Lot 3 in DP 219628

- Lot 5 in DP 219146  

- Lot 12 in DP 225925 &

- Lot 31 in DP 804447

Known as the Tryon Road carpark, Lindfield from Community land to Operational land via an amendment to the Ku-ring-gai Local Centres LEP, 2012.

J.    That Council formally seek to discharge all interests for lots:

- Lot 2 in DP 219628

- Lot 3 in DP 219628

- Lot 5 in DP 219146  

- Lot 12 in DP 225925 &

- Lot 31 in DP 804447

Known as the Tryon Road carpark, Lindfield.

K.    That the Planning Proposal by submitted to the Department of Planning and Environment for a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979.

L.    That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements.

M.   That Council undertake a public hearing under the provisions of the Local Government Act, 1993 for the proposed reclassification Lindfield Car Park from Community land to Operational land.

N.   That a report be brought back to Council at the end of the exhibition and public hearing processes.

CARRIED UNANIMOUSLY

173

Report following the Exhibition of the Social Impact Assessment Policy

File: S08492

Vide: GB.6

To recommend the adoption of the Ku-ring-gai Social Impact Assessment Policy.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

That Council adopts the Ku-ring-gai Social Impact Assessment Policy as included at Attachment A1.

CARRIED UNANIMOUSLY

174

Flood Risk Management Committee Meeting Minutes

File: S09972

Vide: GB.7

For Council to consider the Minutes of the first Flood Risk Management Committee meeting held on 23 April 2015.

Resolved:

(Moved: Councillors McDonald/Szatow)

A.   That Council receive and note the Minutes of the first Flood Risk Management Committee meeting held on 23 April 2015 (Attachment A1).

B.   That Council adopts the Terms of Reference as reviewed by the Flood Risk Management Committee on 23 April 2015 (Attachment A2).

C.   That Council appoints the nominated community, agency and Council staff members of the Flood Risk Management Committee (Attachment A3).

CARRIED UNANIMOUSLY

175

Revised Delivery Program 2013-2017 and Operational Plan 2015-2016 - Post Exhibition

File: FY00382/7

Vide: GB.8

For Council to adopt the revised Delivery Program 2013 – 2017 and Operational Plan 2015 – 2016, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2015 – 2016.

Resolved:

(Moved: Councillors McDonald/ Pettett)

A.    That Council adopt the revised Delivery Program 2013 - 2017 and Operational Plan 2015 - 2016, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2015 - 2016.

B.    That Council adopt the changes required to the Resourcing Strategy 2013 – 2025 as outlined in the report and authorise amendments to all Integrated Planning & Reporting documents where required for consistency.

C.    That an ordinary rate in the dollar of $0.00088842 on the unimproved capital value of all rateable land categorised as residential in the Council area be made for the period of 1 July 2015 to 30 June 2016.

D.    That an ordinary rate in the dollar of $0.00576149 on the unimproved capital value of all rateable land categorised as business in the Council area be made for the period of 1 July 2015 to 30 June 2016.

E.    That the minimum ordinary rate for both residential and business be set at $497.00 for the period 1 July 2015 to 30 June 2016.

F.    That an infrastructure - primary rate in the dollar of $0.00039974 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $260 base amount be made for the period of 1 July 2015 to 30 June 2016.

G.    That an infrastructure special rate in the dollar of $0.00005324 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $30 base amount be made for the period of 1 July 2015 to 30 June 2016.

H.    That an environmental special rate in the dollar of $0.00009578 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a zero base amount, be made for the period of 1 July 2015 to 30 June 2016.

I.     That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 8.5%% of total rates and charges in 2015-2016.

J.    That Council write to all residents and groups that made submissions in relation to the Revised 2013-2017 Delivery Program and draft Operational Plan 2015-2016 and respond to the authors with the outcomes.

K.    That C4.1.1 under heading Operational Plan Tasks Year 3, 4th row on page 42 of the attachment to the report to Council on 28 April 2015 which reads: Support YMCA in healthy lifestyle and eating programs at Ku-ring-gai Fitness and Aquatic Centre be amended to read:  Support healthy lifestyle and eating programs in Ku-ring-gai.

CARRIED UNANIMOUSLY

176

Drainage Maintenance Contract including Pollution Control Devices

File: S10351

Vide: GB.9

To consider the SHOROC Regional Tender for Drainage Maintenance including Pollution Control Devices (PCDs).

Resolved:

(Moved: Councillors McDonald/Szatow)

A.   That Council adopt to utilise the service panel nominated for inspection and cleaning of Council’s pollution control devices, CCTV inspections, pipe jetting and service location under the SHOROC Services Panel Deed.

B.   That Council notify SHOROC of its intention to utilise the service panel for inspection and cleaning of its pollution control devices, CCTV inspections, pipe jetting and service location.

CARRIED UNANIMOUSLY

177

Proposal to Acquire Land for Open Space - Turramurra

File: S09523

Vide: C.1

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

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

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

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

Report by Director Strategy & Environment dated 10 June 2015

Resolved:

(Moved: Councillors McDonald/Malicki)

That Council resolve to acquire the property in Turramurra for local open space and proceed as outlined in the report.

CARRIED UNANIMOUSLY

178

Canoon Road Recreation Area Draft Plan of Management -for Public Exhibition

File: S09042

Vide: GB.4

The following members of the public addressed Council:

J Perry

B Collings

S Cary

M Anderson

G Bloomfield

P Debus

S Head

D Funk

C Kelly

To place the Canoon Road Recreation Area Draft Plan of Management on public exhibition and invite community comments.

Resolved:

(Moved: Councillors Citer/ Fornari-Orsmond)

A.    That the Canoon Road Recreation Area Draft Plan of Management be placed on public exhibition for the statutory period of 28 day plus 14 days for submissions.

B.    That the General Manager be authorised to make editorial changes to the Canoon Road Recreation Area Draft Plan of Management to reflect the contents of this Council Report, as well as minor editorial and formatting amendments, prior to it being placed on public exhibition.

C.    That a report be brought back to Council for consideration following the exhibition period.

For the Resolution:                The Mayor, Councillor J. Anderson, Councillors Citer, McDonald, Fornari-Orsmond and Ossip

Against the Resolution:         Councillors Pettett, Szatow and Malicki

The above Resolution was carried as an Amendment to the original Motion and an Amendment which was LOST.  The Lost Motion was:

{Moved: Councillors Malicki/Pettett}

A.            That the Canoon Road Recreation Area Draft Plan of Management be placed on public exhibition for the statutory period of 28 days plus 14 days for submissions, but that all reference to night lighting or night games be removed from the Draft Plan of Management prior to exhibition.

B.            That the General Manager be authorised to make editorial changes to the Canoon Road Recreational Area Draft Plan of Management as well as minor editorial and formatting amendments prior to it being placed on public exhibition.

C.            That a report be brought back to Council for consideration following the exhibition period.

D.            That a further report be bought back to Council dealing in detail with the requirement in the adopted Plan of Management for the Canoon Road Recreation Area to be used for local or municipal sporting teams as opposed to teams from other Council areas, such as Hornsby Heights and Berowra.

The Lost Amendment was:

{Moved: Councillors Malicki/Pettett}

A.      That a site inspection be conducted for Councillors on a Saturday morning covering at least one changeover period and inspecting traffic and parking impacts on the local road network including Barwon, Auluba and Kissing Point Roads, and a video record be taken for Councillors who cannot attend.

B.      That a further report be brought to Council dealing in detail with the requirement in the adopted   P of M for the Canoon Road Recreation Area to be used for local or municipal sporting teams as opposed to being a regional facility including teams from other Council Areas, such as Hornsby Heights and Berowra.

179

NSW Legislative Council Inquiry into Local Government

File: S09638

Vide: GB.1

To appraise Councillors of the broad issues to be incorporated into Council’s submission to the NSW Legislative Council Inquiry into Local Government.

Resolved:

(Moved: Councillors Szatow/McDonald)

That Council endorse the issues raised in the report and delegate the General Manager to incorporate them into a submission to the Legislative Council Inquiry into Local Government in NSW.

CARRIED UNANIMOUSLY

180

Fit for the Future Improvement Proposal

File: S09638

Vide: GB.2

To present a Council Improvement Proposal for adoption by Council under the State Government Fit for the Future program. 

Resolved:

(Moved: Mayor, Councillor J Anderson/Councillor McDonald)

A.   That Council endorse the draft Council Improvement Proposal attached to this report for submission to IPART under the State Government Fit for the Future program.

B.   That Council delegate to the General Manager the authority to make changes as required to the content and formatting of the Improvement Proposal prior to submission by 30 June 2015.

C.   That Council encourage the Ku-ring-gai community to read the Improvement Proposal supporting Council’s position as a stand-alone Council and provide feedback to IPART during the exhibition period

D.   That Council undertake further communication with the community outlining Council’s position in the period leading up to the State Government’s decision in October.

E.   That a copy of the report and the attachments be sent to the local State Members and ask if they wish to attend a briefing on the matter by Council Staff.

CARRIED UNANIMOUSLY

181

Investment Report as at 31 May 2015

File: S05273

Vide: GB.3

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

Resolved:

(Moved: Councillors Szatow/McDonald)

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

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

CARRIED UNANIMOUSLY

Ordinary Meeting of Council - 14 July 2015

MM.1 / 21

Item MM.1

S02767

15 June 2015

Recommendation:

A.       That Council acknowledge the outstanding contribution made by these recipients of 2015 Queen’s Birthday Honours to the Ku-ring-gai community and to the well-being of our society.

B.       That the Mayor, on behalf of Council, write to the recipients to congratulate them.

Jennifer Anderson

Mayor

Ordinary Meeting of Council - 14 July 2015

PT.1 / 23

Item PT.1

TM9/07

26 June 2015

Recommendation:

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

Present:

Ku-ring-gai Council (Councillor Christiane Berlioz, Chairperson)

Director Operations (Mr Greg Piconi)

Roads & Maritime Services (Ms Kathryn Hawkins)

State Member for Ku-ring-gai (Mr Alister Henskens) Items 1 and 2 only

Representing Police Local Area Command Kuring-gai

    (Snr Const Narelle Tomich)

Representing Police Local Area Command North Shore

    (Snr Const Samantha Sholkie)

Representing Member for Ku-ring-gai (Mr David Ross)

Others Present:

Two Residents – Representing 165-167 Rosedale Road, St Ives – Item 3

Apologies:

Representing Member for Davidson (Mr Michael Lane)

Manager Traffic and Transport (Mr George Koolik)

Traffic Team Leader (Mr Deva Thevaraja)

Strategic Transport Engineer (Mr Joseph Piccoli)

Representing Bike North (Ms Lyness Beavis)

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/7

Meeting held 19 February 2015

Minutes numbered KTC01 to KTC05

The Committee Recommends:

That Minutes numbered KTC01 to KTC05 were received and confirmed as an accurate record of the proceedings of the meeting.

KTC06

General Matter Items Under Delegated Authority

File: S02738

Vide: GB.1

Advice on matters considered under Delegated Authority.

The Committee’s Comments:

The Director Operations explained the Delegated Authority process to the State Member for Ku-ring-gai.

The Committee Recommends:

That the information regarding traffic facilities approved during January and May 2015 be noted.

KTC07

Traffic & Transport Policy - Parking at Driveways

File: S02527

Vide: GB.2

To modify one of the criteria to be applied when considering requests for the installation of parking restrictions next to driveways, in order to improve the visibility of approaching traffic when driving out of properties.

The Committee’s Comments:

The Chairperson gave the Committee an explanation of local parking issues raised by residents living around shopping centres and railway stations.  The Member for Ku-ring-gai questioned what impact the proposed changes would have on parking around railway stations.  The Representative of RMS advised that Transport for NSW are currently in the process of upgrading parking around railway stations, citing the recently upgraded car parks around Gordon railway station.

The Committee Recommends:

A.    That Council’s Traffic & Transport Policy be amended to permit the installation of ‘No Parking’ restrictions at individual driveways, extending for up to six metres in length, particularly on the approach side, subject to installations be restricted to:

1.      Multi residential developments of at least four apartments, with their driveways being on roads with daily traffic volumes of at least 2,000 vehicles per day, and

2.      Individual requests being considered on their merit but requiring Body Corporate endorsement.

B.    That Council’s fees and charges for the installation of signs and referral to the Ku-ring-gai Traffic Committee apply from 1 July 2015.

KTC08

Parking Adjacent to Driveway Crossings

File: TM9/07

Vide: GB.3

To consider a set of standard treatments for addressing complaints about parked vehicles obstructing the visibility of approaching traffic and restricting the available turning path when residents drive out of their properties.

The Committee’s Comments:

Two residents from 165-167 Rosedale Road, St Ives, addressed the Committee commenting of safety aspects when exiting the driveway into Rosedale Road.  They claim parked vehicles on either side of the driveway restrict their vision when entering the roadway.  The Chairperson explained to the residents, this issue will be addressed with the proposed changes to the Traffic & Transport Policy.  The Director Operations advised the residents of the likely timeframe for approval and installation of parking restrictions in Rosedale Road, St Ives.

The Committee Recommends:

A.    That Council approve the treatment of marking transverse white lines at driveway crossing, as shown in Attachment 1.

B.    That Council approve the treatment of painted traffic islands between driveway crossings, as shown in Attachment 2.

C.    That Council approve the application of appropriate standard treatments in the three current cases at 46-50 Cowan Road, 132-138 Killeaton Street, and 165-167 Rosedale Road, St Ives.

KTC09

Kochia Lane, Lindfield

File: TM6/07

Vide: GB.4

To consider a request by Aqualand Projects Pty Ltd for the temporary closure of Kochia Lane, Lindfield between Lindfield Avenue and Chapman Lane during construction of a multi-storey mixed use development at 23-37 Lindfield Avenue.

The Committee’s Comments:

The Representative of the Roads & Maritime Services advised that the Traffic Management Plan has not yet been received.

The Committee Recommends:

That Council approve the temporary closure of Kochia Lane, Lindfield, between Lindfield Avenue and Chapman Lane for approximately 27 weeks from July 2015, subject to:

A.    The Roads and Maritime Services approving the Traffic Management Plan submitted by Aqualand Project Pty Ltd.

B.    No substantial objection being received from adjacent business operators and residents.

C.    Aqualand Project Pty Ltd implementing the Traffic Management Plan approved by the Roads and Maritime Services in accordance with Australian Standards.  Appropriate detour arrangements as detailed in the Traffic Management Plan be implemented during the entire closure period.

D.    That 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.

E.    That Aqualand Project Pty Ltd provide and maintain all necessary signs, barricades and all other safety equipment at its expense to properly effect the changed traffic conditions.

F.    That Aqualand Projects Ltd submitting a copy of the 20 million dollar Public Liability insurance cover, naming Ku-ring-gai Council as an interested party.

G.    That Aqualand Projects Pty Ltd respond in writing to Council, regarding the acceptance of Council’s conditions for the temporary closure of Kochia Lane Lindfield between Lindfield Avenue and Chapman Lane.

KTC10

General Matter - Knox Garden Day 2015

File: S02250

Vide: GB.5

To consider a request from the Knox Parents’ Association (KPA) of Knox Grammar School to hold its 57^th annual Knox Garden Day in Ku-ring-gai Avenue, Turramurra, on Friday 4 September 2015. 

The Committee’s Comments:

The Representative for the Roads & Maritime Services advised the Committee that approval has been given on the condition that the Transport Management Centre be informed of the event due to the location’s close proximity to the Pacific Highway.

The Representative for LAC Kuring-gai advised there were no issues with last year’s event and therefore have no objections to the 2015 proposal.

The Committee Recommends:

That approval be given to KPA of Knox Grammar School to close a section of
Ku-ring-gai Avenue and Wonga Wonga Street, Turramurra, to conduct the 57th annual Knox Garden Day on Friday 4 September 2015, subject to the following conditions:

A.     Ku-ring-gai Avenue, Turramurra, between Turuga Street and Boomerang Street be fully closed between 6.30am and 3pm.

B.     Wonga Wonga Street be closed between 6.30am and 3pm to facilitate detour arrangements in the area.  Access will be maintained to residents at all times.

C.     The Roads and Maritime Services approving the Traffic Management Plan submitted by Adams Traffic Management Pty Ltd on behalf of KPA of Knox Grammar School.

D.     Adams Traffic Management Pty Ltd implementing the Traffic Management Plan concurred to by the Roads and Maritime Services and LAC Ku-ring-gai in accordance with Australian Standards.

E.      Detour arrangements as detailed in the Traffic Control Plan submitted by Adams Traffic Management be implemented.  Access is to be maintained for residents and emergency vehicles at all times.

F.      The closure of a section of Ku-ring-gai Avenue  and Wonga Wonga Street being advertised by Council as required by Section 116 of the Roads Act 1993.

G.     Residents of Ku-ring-gai Avenue and other streets in the vicinity being informed of the event, via letterbox drop, undertaken by the KPA of Knox Grammar School.

H.     The event organiser provides adequate RMS accredited traffic controllers at appropriate positions to control traffic and parking in the event area, as suggested in the traffic study /TCP submitted by the applicant.  Any directions given by the Police Service be followed promptly.

I.       Appropriate advance signs to warn drivers about the road closure and the presence of traffic controllers.

J.      All barricades and signs to be provided in accordance with Australian Standards.

K.     The Local Area Commander Ku-ring-gai be requested to patrol the area and monitor traffic conditions during the event.

L.     The event organiser liaising with Council’s Manager Waste, Drainage and Cleansing Services in regard to sanitation provisions, the provision of adequate rubbish receptacles and cleaning of the area at the conclusion of the event.  A request shall be made with Council to schedule an early garbage collection for Ku-ring-gai Avenue and Wonga Wonga Street on the event day.  The applicant is advised that costs associated with the provision of those services will apply.

M.    A Council Regulatory Officer visiting the site throughout the day to ensure Council’s conditions of approval are being observed.  The Officer is to report any traffic congestion or other safety issues to Council’s Director Operations within 30 days of the event.

N.     Barricades are removed at the end of the event.

O.     The KPA of Knox Grammar School responding in writing to Council by 31 July 2015, confirming its acceptance of Council’s decision for conducting the 2015 Knox Garden Day.

Ordinary Meeting of Council - 14 July 2015

GB.1 / 30

Item GB.1

S02173

10 February 2015

purpose of report:

To respond to the resolution of Council on 7 October 2014 requesting a report to Council about the annual purchase of art works from the Ku-ring-gai Art Society (KAS).

background:

Council resolved to cease the purchase of art works from the KAS and requested a report come to Council about the practice of purchasing art works from the KAS each year, following a motion from Councillors Malicki and Armstrong on 7 October 2014.

comments:

The Ku-ring-gai Art Society is celebrating its 50^th anniversary in July this year. The KAS holds an Awards Exhibition of member’s art works each year and Council is the sponsor of one of the awards - the Silver Jubilee Trophy. The Mayor judges this award and also selects an art work from the exhibition to be purchased by Council.

recommendation:

That Council continues the practice of purchasing art works from the Ku-ring-gai Art Society in conjunction with the annual Awards Exhibition.

Recommendation:

A.   That Council continues the annual practice of purchasing art work from the Ku-ring-gai Art Society.

Janice Bevan

Director Community

Attachments:

A1View

Copy of Public Arts Register as of 06 July 2015

2015/173005

APPENDIX No: 1 - Copy of Public Arts Register as of 06 July 2015

Item No: GB.1

Ordinary Meeting of Council - 14 July 2015

GB.2 / 45

Item GB.2

DA0294/14

1 April 2015

Report title:

107 Junction Road, Wahroonga - Demolish Existing Structures and Construct 8 Self-Contained Dwellings over Basement Parking - SEPP (Housing for Seniors or People with a Disability) 2004

ITEM/AGENDA NO:

GB.2

Application No:

DA0294/14

Property Details:

107 Junction Road, Wahroonga

Lot & DP No: Lot 1 DP 232052

Site area (m²): 2175m²

Zoning: R2 – Low Density Residential

Ward:

Wahroonga

Proposal/Purpose:

To determine Development Application No. 0294/14 for the demolition of existing structures and construction of eight self-contained dwellings pursuant to SEPP (Housing for Seniors or People with a Disability) 2004.

Type of Consent:

Local

Applicant:

Mr Z Deng C/- Boston Blyth Fleming

Owner:

Mr Z Deng

Date Lodged:

5 August 2014

Recommendation:

Approval

Issues

Floor Space Ratio (Draft Ku-ring-gai Local Environmental Plan 2013)

Submissions

10 submissions

Land & Environment Court

N/A

Recommendation

Approval

LEGISLATIVE REQUIREMENTS:

Zoning

Residential 2(c)

Permissible under

SEPP (Housing for Seniors or People with a Disability) 2004

Relevant legislation

SEPP 55

SEPP (BASIX) 2004

SREP 20 – Hawkesbury Nepean River

KPSO

Draft KLEP 2013

Section 94 – Development Contribution Plan

SEPP Seniors Living

DCP 55 Notification

Integrated Development

No

Parking for self-contained dwellings

Compliance (Y /N)

0.5 car spaces for each bedroom where the development application is made by a person other than a social housing provider, or

1 car space for each 5 dwellings where the development application is made by, or is made by a person jointly with, a social housing provider.

Yes

Private Car Accommodation

Compliance (Y /N)

Car parking spaces must comply with the requirements for parking for persons with a disability set out in AS 2890 , and

5% of the total number of car parking spaces (or at least one space if there are fewer than 20 spaces) must be designed to enable the width of the spaces to be increased to 3.8 metres.

Yes

4 - Land to which Policy applies

Residential  2(c)

YES

13 - Seniors housing

Definitions and categories:

In-fill self-care housing

Proposal meets the definition of in-fill self-care housing

YES

18 - Restrictions on occupation of seniors housing

Development only to be used for the accommodation of seniors or people who have a disability or people that live with and staff that assist the above mentioned occupants.

Yes -subject to condition of consent and covenant on title deed (Conditions 75 and 87).

YES

21 - Subdivision

No subdivision proposed

NA

26 - Location and access to facilities

Requires that Council must not consent to a development application made pursuant to this chapter unless satisfied by written evidence of certain site related requirements have been met.

Bus stop located directly out front of site and another located within 100m of the site at the corner of Junction Rd and Eastern Rd. 1:14 gradients achievable on public domain. 

Access to shops, banks, other retail and commercial services, community services and the practice of a general medical practitioner.

YES

27 - Bush fire prone land

The site is not bushfire prone

N/A

28 - Water and sewer

Council must not consent to a development application unless satisfied by written evidence that the housing will be connected to a reticulated water system and have adequate facilities for the removal or disposal of sewerage.

The site has access to both mains water and sewer (Condition 82).

YES

29 – Site compatibility criteria

The consent authority, must consider the proposed development against Clauses 25(5)(b)(i), (iii) & (v) of the SEPP.

The proposed application does not result in unacceptable environmental and amenity impacts.

YES

30 - Site analysis

A site analysis plan has been submitted in accordance with the SEPP.

YES

31 - Urban design guidelines

A review of the plans confirms that the proposal complies with the Urban Design Guidelines.

YES

32 – Design of residential  development

Consent must not be granted unless Council is satisfied that adequate regard has been given to the principles set out in Division 2.

The application complies with the design principals of neighbourhood amenity and streetscape, visual and acoustic privacy, solar access and design for climate, stormwater, crime prevention, accessibility and waste management.   

YES

33 - Neighbourhood amenity and streetscape

Maintain reasonable neighbourhood amenity and appropriate residential character.

Retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a local environmental plan.

Retain, wherever reasonable, major existing trees.

Be designed so that the front building of the development is set back in sympathy, but not necessarily the same as, the existing building line.

The proposal will have setbacks characteristic of the area and retains significant vegetation at the site frontage.

The proposal will result in satisfactory impacts on adjoining properties and is not located within a heritage conservation area (Condition 91).

YES

34 - Visual and acoustic privacy

The siting of the dwellings, setbacks and screening ensures adequate privacy between dwellings and adjoining properties.

Bedrooms have been removed from the driveway location as far as possible and have minimised windows overlooking the driveway area. Noise levels resulting from vehicles within habitable rooms can be conditioned to comply with Australian Standards (Conditions 28, 37 and 89).

YES

35 - Solar access and design for climate

The development provides for all dwellings that will achieve the specified requirements.

YES

36 - Stormwater

Council’s Engineer has determined stormwater disposal as satisfactory (Conditions 33 and 79).

YES

37 - Crime prevention

Observation from dwelling entries to the approaches is achieved through the use of windows without the need to open the door.

YES

38 -Accessibility

An access report has been submitted confirming compliance (Condition 24).

YES

39 - Waste management

Council’s Engineer has determined waste collection is satisfactory (Condition 27).

YES

40 - Development standards

A consent authority must not consent to a development application made pursuant to this chapter unless the proposed development complies with the standards specified in this clause.

Site size – minimum 1000m²

2175m²

YES

Site frontage – minimum 20m when measured at the building line

33.915m

YES

Height - Maximum 8 metres (ground to ceiling)

7m

YES

Maximum 2 storeys

The proposal is a maximum of 2 storeys

YES

Maximum 1 storey in rear 25% of site

Maximum of 1 storey  located within rear 25% area of the site

YES

Part 7

50 - Standards that cannot be used to refuse development consent for self-contained dwellings.

50(a) (building height)

Height to be less than 8m

7m

YES

50(b) (density and scale)

Max FSR of 0.5:1

0.5:1

YES

50(c) (landscaped area)

Minimum 30% of the site to be landscape area

1176.3m² or 54%

YES

50(d) (deep soil zones)

15% site area with minimum dimension of 3m.

901.2m² or 41.4%

416m² or 19% in rear setback

YES

50(e) (solar access)

Min 70% receives minimum 3 hours direct sunlight between 9am-3pm in mid-winter.

All dwellings will receive at least 3 hours on June 21 achieve compliance

YES

50(f) (private open space)

Ground floor dwelling – not less than 15m² (with one 3m x 3m area)

Any other dwelling – not less than 10m² (or 6m² for 1 bed), not less than 2m x 2m and access from living area

All dwellings private open space meet/exceed the requirements of the SEPP.

YES

50(h) (parking)

0.5 spaces per bedroom (24 bedrooms proposed, requires 12 spaces

12 resident spaces proposed

3 visitor spaces proposed (Condition 90).

YES

Schedule 3 (standards concerning accessibility and useability for hostels and self-contained dwellings)

Clause 41 states that Council must not consent to a development application for self-care dwellings unless it complies with the standards listed in Schedule 3. The following assessment is provided against Schedule 3:

Part 1

2. Siting standards:

100% of dwellings to have wheelchair access to public road or internal road if site gradient is less than 1:10.

YES

YES

Wheelchair access to be available to all common areas and facilities.

YES (Condition 24)

YES

3. Security:

Pathway lighting must be designed and located to avoid glare.

YES (Condition 21)

YES

4. Letterboxes:

Must be lockable and situated on a hard standing area and be wheelchair accessible.

Wheelchair accessible letter boxes proposed at the access (adjacent to the pedestrian access gate from Junction Rd).

YES

5. Private car accommodation:

Car parking spaces to comply with:

(a)  disability requirements of AS2890

(b)  5% of spaces capable of being widened to 3.8m

(c)  Garage to have power operated doors.

On-site car parking arrangements satisfactory, refer comments by Council’s Development Engineer (Condition 32).

YES

6. Accessible entry:

Every entry must:

·     not have a slope that exceeds 1:40

·     comply with clauses 4.3.1 & 4.3.2 of AS 4299

·     have entry hardware which complies with AS 1428.

YES

YES

7. Interior general:

·     internal doors must have a clearance of 800mm

·     internal corridors must have a width of at least 1000mm

·     the width at internal door approaches must be at least 1200mm.

YES (Condition 70)

YES

8. Bedroom:

At least one bedroom within the dwelling must have:

·     an area sufficient to accommodate a wardrobe and a queen sized bed, with an area at least 1200mm wide at the foot of the bed 2 double general power outlets adjacent to the head of the bed

·     1 general power outlet on the wall opposite the bed

·     a telephone outlet and power outlet next to the bed on the side closest to the door

·     a potential illumination of 300 lux.

YES (Condition 70)

YES

9. Bathroom:

A bathroom must have:

• an area that complies with AS 1428

• a slip resistant floor

• a that complies with AS 1428. the recess shall incorporate the following:

-     the ability to provide a grab rail

-     can accommodate a hand held shower on a slider rail

-     can accommodate a folding seat

• a double power outlet beside the mirror.

YES (Condition 70)

YES

10. Toilet:

A dwelling must have a toilet:

• that is a visitable toilet in accordance with AS4299.

YES

YES

11. Surface finishes:

Balconies and external paved areas must have slip-resistant surfaces.

YES (Condition 70)

YES

12. Doors:

Door hardware provided for opening doors must be provided in accordance with AS4299.

YES

YES

13. Ancillary items:

Switches and power points must be provided in accordance with AS4299.

YES

YES

Part 2

15. Living/dining room:

A living room in a self-contained dwelling must have:

·     a circulation space of at least 2250mm in diameter and as set out in clause 4.7 of AS 4299

·     a telephone adjacent to a general power outlet

·     a potential illumination level of 300 lux.

YES (Condition 70)

YES

16. Kitchen:

A kitchen in a self-contained dwelling must have:

·     a circulation space in accordance with AS4299

·     a width at door approaches of 1200mm 

·     a tap set that is located within 300mm of the front of the sink and comprises of a lever type mixing tap

·     a thermostatic mixing valve for the hot water outlet

·     a cook top with either front or side controls which have a raised cross bar. The stove is also to be provided with an isolating switch

·     a work surface adjacent to the cook top which is at the same height and at least 800mm in length

·     an oven that is located adjacent to a work surface the height of which can be adjusted

·     “D” pull cupboard handles

·     General power outlets at least one is a double outlet within 300mm of the front of a work surface and one which is for a refrigerator which can be readily accessed once installed.

YES (Condition 70)

YES

18. Lifts in multi storey buildings:

Lift must comply with clause E3.6 of the Building Code of Australia

YES (Condition 75)

YES

19. Laundry:

A self-contained dwelling must have a laundry which:

• a door width of 1300mm

• has provision for a washing machine

• has the provision for the installation of a clothes dryer

• has a clear space in front of appliances of 1300mm

• has a slip resistant floor surface

• has an accessible path of travel to any external clothes line.

YES (Condition 70)

YES

20. Storage:

A self-contained dwelling must be provided with a linen cupboard:

• that is at least 600mm wide

• has adjustable shelving.

YES (Condition 70)

YES

21. Garbage:

A garbage storage area must be provided in an accessible location.

YES (Condition 70)

YES

Recommendation:

That Council, as the consent authority, grant development consent to DA0294/14 for the demolition of existing structures and construction of eight self-contained dwellings pursuant to SEPP (Housing for Seniors or People with a Disability) 2004 on land at 107 Junction Road, Wahroonga for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1.     Approved architectural plans and documentation (new development)

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

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

2.     Inconsistency between documents

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

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

3.     Approved landscape plans

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

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

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

4.     Asbestos works

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

Reason:      To ensure public safety.

5.     Notice of commencement

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

Reason:      Statutory requirement.

6.     Notification of builder’s details

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

Reason:      Statutory requirement.

7.     Dilapidation survey and report (public infrastructure)

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

Public infrastructure

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

·        All driveway crossings and laybacks opposite the subject site.

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

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

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

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

8.     Dilapidation survey and report (private property)

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

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

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

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

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

9.     Construction and traffic management plan

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

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

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

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

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

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

·        Demolition

·        Excavation

·        Concrete pour

·        Construction of vehicular crossing and reinstatement of footpath

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

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

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

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

10.   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.

11.   Sediment controls

Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.

The form of the sediment controls to be installed on the site shall be determined by reference to the ‘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.

12.   Erosion and drainage management

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

Reason:      To preserve and enhance the natural environment.

13.   Tree protection fencing

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

Reason:      To protect existing trees during the construction phase.

14.   Tree protective fencing type galvanised mesh

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

Reason:     To protect existing trees during construction phase.

15.   Tree protection signage

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

Tree protection zone.

·        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.

16.   Tree protection mulching

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

Reason:      To protect existing trees during the construction phase.

17.   Tree protection - avoiding soil compaction

To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) beneath the canopy of the following tree/s is/are installed between the required tree protection fencing and the development works:

Reason:      To protect existing trees during the construction phase.

18.   Tree fencing inspection

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

Reason:      To protect existing trees during the construction phase.

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

19.   Long service levy

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

Reason:      Statutory requirement.

20.   Builder’s indemnity insurance

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

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

Reason:      Statutory requirement.

21.   Outdoor lighting

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

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

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

22.   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.

23.   External service pipes and the like prohibited

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

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

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

24.   Access for people with disabilities (residential)

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

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

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

25.   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.

26.   Pier and beam footings near trees

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the footings of the approved front fence/masonry wall will be isolated pier or pier and beam construction within the specified radius of the trunk/s of the following tree:

The piers shall be located such that no roots of a diameter greater than 30mm will be severed or injured during the construction period.  The beam/s shall be of reinforced concrete or galvanised steel sections and placed in positions with the base of the beam being a minimum of 50mm above existing soil levels.

Note:    Structural details of the pier or pier and beam construction shall be submitted to the Principal Certifying Authority.

Reason:      To protect existing trees.

27.   Recycling and waste management

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the development provides a common garbage collection/separation area sufficient in size to store all wheelie garbage bins and recycling bins provided by Council for the number of units in the development in accordance with 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.

28.   Noise from plant in residential zone

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

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

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

29.   Location of plant

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

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

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

30.   Driveway crossing levels

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

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

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

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

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

31.   Driveway grades - basement carparks

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

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

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

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

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

32.   Basement car parking details

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

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

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

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

·           the dimensions of all parking spaces, including lengths and widths, comply with the State Environmental Planning Policy for Senior Living relating to height clearances and space dimensions

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

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

33.   Drainage of paved areas

All new exposed impervious areas graded towards adjacent property and/or habitable areas are to be drained via the main drainage system. This may require the installation of suitable inlets pits, cut-off structures (e.g. kerb), and/or barriers that direct such runoff to the formal drainage system. Details of such measures shall be shown on the Construction Certificate drawings, to the satisfaction of the Certifying Authority.

Reason:      To control surface run off and protect the environment.

34.   Vehicular access and garaging

Driveways and vehicular access ramps must be designed not to scrape the underside of cars. In all respects, the proposed vehicle access and accommodation arrangements must be designed and constructed to comply with Australian Standard 2890.1 - 2004 “Off-Street car parking”. Details are to be provided to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

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

35.   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.

36.   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.

37.   Privacy

To mitigate privacy impacts on adjoining properties, the following measures shall be implemented:

·        A fixed privacy screen shall be installed along the entire length of the western elevation of the balcony to Unit 7. The privacy screen shall have a height of 1.6 metres above the finished floor level. The privacy screen shall be constructed of a durable material, appropriately integrated and shall be designed so as to prevent direct overlooking of neighbouring properties.

·        A fixed privacy screen shall be installed along the entire length of the eastern elevation of the balcony to Unit 8. The privacy screen shall have a height of 1.6 metres above the finished floor level. The privacy screen shall be constructed of a durable material, appropriately integrated and shall be designed so as to prevent direct overlooking of neighbouring properties.

Reason:      To maintain neighbour amenity.

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

38.   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.

39.   Section 94 development contributions - other than identified centres

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

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

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

40.   Road opening permit

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

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

41.   Prescribed conditions

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

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

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

Reason:      Statutory requirement.

42.   Hours of work

Demolition, 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.

43.   Approved plans to be on site

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

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

44.   Statement of compliance with Australian Standards

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

Reason:      To ensure compliance with the Australian Standards.

45.   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.

46.   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.

47.   Post-construction dilapidation report

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

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

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

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

Reason:      Management of records.

48.   Compliance with submitted geotechnical report

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

Geotechnical aspects of the development work, namely:

·        appropriate excavation method and vibration control

·        support and retention of excavated faces

·        hydro-geological considerations

must be undertaken in accordance with the recommendations of the Geotechnical Investigation Ref: 14/03631 dated 31 March 2013 prepared by Michael Adler & Associates. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Reason:      To ensure the safety and protection of property.

49.   Use of road or footpath

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

Reason:      To ensure safety and amenity of the area.

50.   Guarding excavations

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

Reason:      To ensure public safety.

51.   Toilet facilities

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

Reason:      Statutory requirement.

52.   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.

53.   Recycling of building material (general)

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

Reason:      To facilitate recycling of materials.

54.   Construction signage

All construction signs must comply with the following requirements:

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

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

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

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

·        are restricted to one such sign per property

·        do not exceed 2.5m²

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

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

55.   Road reserve safety

All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.  Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

Reason:      To ensure safe public footways and roadways during construction.

56.   Services

Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the applicant and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the applicants’ full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services (including water, phone, gas and the like). Council accepts no responsibility for any matter arising from its approval to this application involving any influence upon utility services provided by another authority.

Reason:      Provision of utility services.

57.   Structures to be clear of drainage easements

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

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

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

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

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

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

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

58.   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.

59.   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.

60.   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.

61.   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.

62.   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.

63.   Approved tree works

Approval is given for the following works to be undertaken to trees on the site. ALL trees shall be clearly tagged and identified consistent with the Arboricultural Impact Assessment Report by Landscape Matrix dated 11/04/2014, prior to ANY tree works being undertaken.

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

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

64.   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 by an AQF3 Arborist along the perimeter line of such works is completed:

Reason:      To protect existing trees.

65.   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.

66.   No storage of materials beneath trees

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

Reason:      To protect existing trees.

67.   Removal of refuse

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

Reason:      To protect the environment.

68.   On site retention of waste dockets

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

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

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

Reason:     To protect the environment.

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

69.   Easement for waste collection

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

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

70.     Construction Standards - Housing for Seniors or People with a Disability

Prior to the issue of an occupation certificate or occupation of the development (whichever comes first), certification shall be provided from an accredited access consultant to the certifying authority which demonstrates that the fit out and construction of the development satisfies the design criteria of SEPP (Housing for Seniors or People with a Disability) 2004.

Reason:      To ensure compliance with SEPP (Housing for Seniors or People with a Disability) 2004.

71.   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. 537335M_03 have been complied with.

Reason:      Statutory requirement.

72.   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.

73.   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.

74.   Completion of landscape works

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

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

75.   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.

76.   Retention and re-use positive covenant

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

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

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

Reason:      To protect the environment.

77.   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.

78.   Certification of drainage works

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

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

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

·        retained water is connected and available for use

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

·        all grates potentially accessible by children are secured

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

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

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

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

Reason:      To protect the environment.

79.   WAE plans for stormwater management and disposal

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

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

·        gradients of drainage lines, materials and dimensions

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

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

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

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

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

·        dimensions of the discharge control pit and access grates

·        the maximum depth of storage possible over the outlet control

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

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

Reason:      To protect the environment.

80.   Basement pump-out maintenance

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

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

Reason:      To protect the environment.

81.   OSD positive covenant/restriction

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to 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.

82.   Sydney Water Section 73 Compliance Certificate

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

Reason:      Statutory requirement.

83.   Reinstatement of redundant crossings and completion of infrastructure works

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

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

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

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

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

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

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

Reason:      To protect the streetscape.

84.   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.

85.   Infrastructure repair

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

Reason:      To protect public infrastructure.

86.   Fire safety certificate

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

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

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

87.   Restriction on land title - seniors living development

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that restriction as to use of land under Section 88E of the Conveyancing Act 1919, has been created restricting the occupation of the premises to:

·        people 55 or over or people who have a disability

·        people who live with people 55 or over or people who have a disability

·        staff employed to assist in the administration of and provision of services to housing provided in this development

Reason:      To ensure that the development meets the provisions of the Seniors Living SEPP.

Conditions to be satisfied at all times:

88.   Outdoor lighting

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

Reason:      To protect the amenity of surrounding properties.

89.   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.

90.   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.

91.   Height of fences, walls and screens

The overall height of any and all proposed fences, walls and courtyard or balcony screens shall not exceed 1800mm above the existing ground level.

Reason:     To maintain the established streetscape and ensure consistency of fencing to the development and area.

Amy Bentley

Senior Assessment Officer

Selwyn Segall

Team Leader - Development Assessment North

Corrie Swanepoel

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:

A1View

Location sketch

2015/131186

A2View

Zoning extract

2015/131360

A3View

Site plan

2014/282519

A4View

Basement plan

2014/282523

A5View

Level 1 plan

2014/282530

A6View

Level 2 plan

2014/193727

A7View

Section

2014/193734

A8View

North and west elevations

2014/193729

A9View

South and east elevations

2014/193732

A10View

External finishes

2014/193704

A11View

Landscape plans

2015/131584