Ordinary Meeting of Council

TO BE HELD ON Tuesday, 23 August 2011 AT 7.00pm

Level 3 Council Chambers

 

Agenda

** ** ** ** ** **

 

NOTE:  For Full Details, See Council’s Website –

www.kmc.nsw.gov.au under the link to business papers

 

 

APOLOGIEs

 

 

DECLARATIONS OF INTEREST

 

 

Confirmation of Reports to be Considered in Closed Meeting

 

 

Address the Council

NOTE:           Persons who address the Council should be aware that their address will be tape recorded.

 

 

Documents Circulated to Councillors

 

 

CONFIRMATION OF MINUTEs

 

Minutes of Ordinary Meeting of Council                                                                         9

File: S02131

Meeting held 9 August 2011

Minutes numbered 250 to 267

 

 

minutes from the Mayor

 

 

 

 

 

 

 

Petitions

 

PT.1        Petition Against a ERUV in St Ives - (One Thousand, Two Hundred and Twenty-Nine [1,229] Signatures)                                                                                                             59

 

File: DA0331/10

 

"We, the undersigned residents, of Ku-ring-gai wish to bring to the attention of the Council the widespread community opposition to the construction of an eruv in St lves.  The principal reasons being:

 

1.       The propensity which an eruv would have in the longer term to develop into a religious enclave.

 

2.       The visual and environmental impact the boundary structures would have on residential amenity.

 

3.       The granting of permanent legal rights over private land to the Northern Eruv Inc and
Ku-ring-gai Council.

 

We hereby petition and request that Council reject all proposals for the construction of an ERUV including DA0331/10, DA0332/10, DA0333/10, DA0334/10, DA0335/10, DA0336/10, DA0337/10, DA0338/10, DA0339/10, DA0340/10, and DA0341/10."

 

 

GENERAL BUSINESS

 

i.               The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.

 

ii.             The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.

 

 

GB.1        Structures on Public Reserve to Support St Ives ERUV                                         60

 

File: 88/05728/01

 

To consider granting consent to seven (7) applications to erect poles, with attached wires, on the road reserve for the purpose of creating an eruv in St Ives. The matter is being referred to Council as the applications form part of a network of poles and wires and is directly associated with development applications for the same purpose.

 

Recommendation:

 

That Council not grant consent to the applications to install the structures on the road reserve.

 

 

 

 

 

GB.2        Erection of Poles and Wiring for Northern ERUV                                                   150

 

File: DA0331/10

 

To determine Development Applications Nos DA0331/10, DA0332/10, DA0333/10, DA0334/10, DA0335/10 DA0336/10, DA0337/10, DA0338/10, DA0339/10, DA0340/10 DA0341/10 for the erection of poles and installation of non-live wiring on eleven (11) residential properties, as part of the proposed Northern Eruv.

 

Ward: St Ives

Applicant: The Northern Eruv Incorporated

Owner: Various

 

Recommendation:

 

Approval.

 

 

GB.3        Gordon Bowling Club Ltd - Licence Renewal                                                          294

 

File: S07471

 

To seek a resolution to grant the Gordon Bowling Club Limited (the Club) a 20 year licence being a 5 year licence with 3 options to renew for 5 years each, relating to its occupation of 4 Pennant Avenue, Gordon.

 

Recommendation:

 

That Council grant the Club a 20 year licence being a 5 year licence with 3 options to renew for 5 years each relating to its occupation of 4 Pennant Avenue, Gordon. The Mayor and the General Manager to sign the documentation and affix the Common Seal of the Council to the licence, subject to no significant objections to the proposal.

 

 

GB.4        East Roseville Bowling Club - Lease to Club                                                           318

 

File: S07451

 

To advise Council of the outcome of recent discussions between East Roseville Bowling Club (the Club) and Council officers regarding lease issues with the current tenancy of the greenkeeper caretaker’s cottage (the cottage) at the East Roseville Bowling Club.

 

Recommendation:

 

That Council resolve not to grant the whole of site lease to the Club, excise the cottage and its curtilage from the land, subdivide, rezone and reclassify the area comprising the cottage and its curtilage as residential land.

 

 

 

 

GB.5        Ku-ring-gai Youth Development Service Annual Fundraising Dinner               330

 

File: S05139

 

To advise Councillors of a request from Ku-ring-gai Youth Development Service (KYDS) to purchase tickets for their Annual Fundraising Dinner at WatersEdge Restaurant on Thursday, 8 September 2011.

 

Recommendation:

 

That Council determine whether to purchase tickets for the KYDS fundraising dinner at WatersEdge Restaurant at $175.00 per person, or $1,750 for a table of ten.

 

 

GB.6        Gordon Library Refurbishment                                                                                    334

 

File: S08703

 

To provide Council with an update on the Gordon Library Refurbishment project.

 

Recommendation:

 

That Council receive and note this report.

 

 

GB.7        Licence to the St Ives Bowling and Recreation Club Ltd  - 100 Killeaton Street, St Ives                                                                                                                                              340

 

File: S07453

 

To seek a resolution from Council to grant a 21 year licence excluding the public walkway to the St Ives Bowling and Recreation Club (the Club).

 

Recommendation:

 

That Council grant a 21 year licence excluding the public walkway to the St Ives Bowling and Recreation Club.

 

 

GB.8        Lifeline H2H Inc. - Lease issues                                                                                   345

 

File: S07471

 

To update Council on the progress and option to grant a lease to Lifeline H2H Inc (Lifeline) for the Community building at 4 Park Avenue, Gordon and to seek a resolution on the option for an exclusive lease.

 

Recommendation:

 

That Council resolve to progress an exclusive occupancy lease with Lifeline H2H Inc. at
4 Park Avenue, Gordon
by updating the Community Halls and Meeting Rooms Plan of Management adopted on 17 October 2001.

 

GB.9        2010 to 2011 Budget Review - 4th Quarter ended June 2011                              354

 

File: FY00467/1

 

To report on the review of actual expenditure and income against the budget for the year ended 30 June 2011.

 

Recommendation:

 

That the Budget Review be received and noted.

 

 

GB.10      Analysis of Land & Environment Court Costs - 4th Quarter, 2010 to 2011       452

 

File: S05273

 

To report legal costs in relation to planning matters in the Land & Environment Court for the year ended 30 June 2011.

 

Recommendation:

 

That the analysis of Land & Environment Court costs for the year ended 30 June 2011 be received and noted.

 

 

GB.11      Investment Report as at 31 July 2011                                                                         467

 

File: S05273

 

To present to Council investment allocations and returns on investments for July 2011.

 

Recommendation:

 

That the summary of investments and performance for July 2011 be received and noted.  That the Certificate of the Responsible Accounting Officer be noted and the report adopted.

 

 

GB.12      28 Albany Crescent, East Killara - Alterations and Additions to Existing Dwelling                                                                                                                                              483

 

File: DA0806/10

 

To determine Development Application No. 0195/11 which proposes alterations and additions to an existing dwelling on the site.

 

Ward: Gordon

Applicant: Mr and Mrs Chang c/- Glendinning Minto & Associates

Owner: Mr and Mrs Chang

 

Recommendation:

 

Approval.

 

 

GB.13      Delivery Program and Operational Plan 2010-2011 4th Quarter Update           517

 

File: FY00382/3

 

To report to Council the progress over the period April to June 2011, against the 2010-2011 Operational Plan.

 

Recommendation:

 

That the 4th quarter Operational Plan review 2010-2011 be received and noted.

 

 

GB.14      EOI/6/2011 Ku-ring-gai Town Centres Street Furniture                                         547

 

File: S08530

 

To present to Council an evaluation of the submissions received for the Ku-ring-gai Town Centres Street Furniture Expressions of Interest (EoI) and to seek Council’s endorsement of the four (4) preferred applicants identified in this report as potential suitable suppliers.

 

Recommendation:

 

That Council endorse the four (4) preferred applicants identified in this report as potential suitable suppliers of stainless steel furniture for the Ku-ring-gai town centres and that any decision to invite tenders from the applicants be deferred.

 

 

GB.15      Amendments to 2011/12 Sports Courts Capital Works Program                        577

 

File: FY00382/3

 

To see Council approval to amend the 2011/12 sports courts capital works program.

 

Recommendation:

 

That Council adopts the amendments to the 2011/12 sports courts capital works program as outlined in the report.

 

 

GB.16      RTA Program Funding 2011 to 2012                                                                          581

 

File: S02585

 

To advise Council of the Roads and Traffic Authority (RTA) funding program for 2011/2012 and adopt the various grants as provided by the RTA.  

 

Recommendation:

 

That Council accept the grants for the various programs as listed in the report but not accept the Traffic Facilities component of the Regional Roads Block Grant for 2011/2012.

  

 

Motions of which due Notice has been given

 

NM.1       Ku-ring-gai Town Centres LEP                                                                                    588

 

File: S06523/2

 

Notice of Motion from Councillor Elaine Malicki dated 15 August 2011

 

I move that:

 

"A block of time be set aside each week to allow Councillors and staff to meet with representatives of any interested action or special interest group effected by the former Town Centres LEP.

 

Each meeting should be scheduled for no more than 1/2 hour, with participants asked to supply Councillors with a brief summary of their planning issues, as well as suggestions for what they feel should be retained in the LEP and what should be changed. Written summaries may be left to assist future considerations, and no group will be favoured over any other. The meetings should continue for several weeks to allow those groups who wish to participate an opportunity to do so.

 

The purpose of this is to continue the process of consultation as requested by several groups at the meeting on 9th August. It will ensure that Councillors who attend understand the concerns in various precincts early in their deliberations.

 

These meetings are preliminary only and in no way a substitute for the formal consultation processes to come, which I anticipate will include public meetings in the various Town Centres, formal exhibition, opportunities to address council and the like."

   

 

 

Extra Reports Circulated to Meeting

 

 

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

 

 

Questions Without Notice

 

 

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

 

 

 

 

 

 

 

 

 

 

Confidential Business to be dealt with in Closed Meeting

 

C.1          Potential Acquisition of Land - Gordon

 

File: S08130

 

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 27 July 2011

   

 

 

 

John McKee

GENERAL MANAGER

 

 

** ** ** ** ** **


 

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 9 August 2011

 

Present:

The Mayor, Councillor I Cross (Chairperson) (Wahroonga Ward)

Councillors S Holland & E Malicki (Comenarra Ward)

Councillors E Keays & C Szatow (Gordon Ward)

Councillors J Anderson & R Duncombe (Roseville Ward)

Councillor C Hardwick (St Ives Ward)

Councillor D McDonald (Wahroonga Ward)

 

 

Staff Present:

General Manager (John McKee)

Director Corporate (John Clark)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Judy Edwards)

 

 

The Meeting commenced at 7.00pm

 

The Mayor offered the Prayer

 

 

250

Apologies

 

File: S02194

 

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

 

 

Resolved:

 

(Moved: Councillors Keays/Holland)

 

That the apology by Councillor Hall be accepted and leave of absence granted.

 

CARRIED UNANIMOUSLY

 

 

 

 

 

 

DECLARATIONS OF INTEREST

 

The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

 

Councillor Anderson declared a less than non-significant Conflict of Interest with C.1 - CSIRO Land at 51 Bradfield Road, West Lindfield - Property Matter (advised that she was the President of the Committee for Bradfield Park Child Care Centre some years ago).

 

 

251

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

 

File: S02499

 

 

Resolved:

 

(Moved: Councillors Keays/Szatow)

 

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:

 

C.1    CSIRO Land at 51 Bradfield Road, West Lindfield - Property Matter

C.2    Potential Acquisition of Land - Gordon

 

CARRIED UNANIMOUSLY

 

 

Address the Council

 

The following member of the public addressed Council on an item not on the Agenda:

 

T Williams

 

 

DOCUMENTS CIRCULATED TO COUNCILLORS

 

The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:

 

Memorandums:

GB.3 – 29 Church Street Pymble (DA0849/10) – Alterations and Additions to a Heritage ItemMemorandum from Director Development & Regulation dated 9 August 2011 regarding a late submitted revised SEPP1 objection.

GB.7 – Companion Animals Management Plan 2011-2016 -Memorandum from Director Development & Regulation dated 9 August 2011 regarding a typographical error in the recommendation on page 377 of the Business Papers.

 

 

CONFIRMATION OF MINUTEs

 

 

252

Minutes of Ordinary Meeting of Council

 

File: S02131

 

 

Meeting held 26 July 2011

Minutes numbered 235 to 249

 

 

Resolved:

 

(Moved: Councillors Szatow/Keays)

 

That Minutes numbered 235 to 249 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

 

CARRIED UNANIMOUSLY

 

 

Recommendations from Committee

 

Minutes of Ku-ring-gai Traffic Committee

 

File: CY00022/3

 

Meeting held 21 July 2011

Minutes numbered KTC10 to KTC12

 

 

253

General Matter Items under Delegated Authority

 

File: S02738

Vide Minute No KTC10

 

 

Advice on matters considered under Delegated Authority.

 

 

Resolved:

 

(Moved: Councillors Keays/Szatow)

 

That the information regarding traffic facilities approved during June 2011 be noted.

 

CARRIED UNANIMOUSLY

 

 

 

 

 

 

 

254

2012/2013 Federal Black Spot Program

 

File: S06118/5

Vide Minute No KTC11

 

 

To consider sites for inclusion in the 2012/2013 Federal Black Spot Program.

 

 

Resolved:

 

(Moved: Councillors Keays/Szatow)

 

That application be made to the 2012/2013 Federal Black Spot Program for the projects listed in the contents of this report.

 

CARRIED UNANIMOUSLY

 

 

255

Water Street, Wahroonga

 

File: TM11/03

Vide Minute No KTC12

 

Ward: Wahroonga

Electorate: Ku-ring-gai

 

 

To consider No Parking restrictions in Water Street, to assist dropping off and picking up of children at Prouille School.

 

 

Resolved:

 

(Moved: Councillors Keays/Szatow)

 

A.     That Council note that there has been consultation with Prouille School regarding its on-street peak period management of its drop-off/pick-up activities, as well as with directly affected residents regarding additional kerbside restrictions, to assist the school with these activities.

 

B.    That in accordance with the overall agreement by directly affected stakeholders, and by Prouille School to improve its management of on-street activities at peak school times, that the requested No Parking restrictions and other facilities, shown in Plan No. Water/KTC/07/11 (amended), be approved.

 

C.    That Prouille School and residents of Water Street, previously consulted or who have responded to Council’s consultation, be informed of Council’s decision.

 

D.    That the proposed changes to parking arrangements in Water Street be  monitored during 2012.

 

CARRIED UNANIMOUSLY

 

petitions

 

 

256

Objection to Dual Occupancy Development at 6 Cudgee Street, Turramurra - (Twenty-Seven [27] Signatures)

 

File: DA0371/11

Vide: PT.1

 

 

The following petition was presented by Councillor Duncan McDonald:

 

"We, the undersigned, as neighbouring residents to the property, consider the application submitted to Council for dual occupancy does not meet SEPP53 guidelines in a number of key areas, and we wish to strongly object to the application which we feel does not warrant Council support.

 

We have attached a detailed statement itemising the areas where we consider the application is clearly outside permissible guidelines.

 

We are aware of a number of other neighbours in Cudgee Street who are also vehemently opposed to the application on the basis of non-compliance with the recently repealed SEPP53 Development Code."

 

 

Resolved:

 

(Moved: Councillor McDonald/Mayor, Councillor I Cross)

 

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

 

CARRIED UNANIMOUSLY

 

 

GENERAL BUSINESS

 

 

257

22 Cove Street, South Turramurra - Construction of a Two (2) Storey Dwelling

 

File: DA0220/11

Vide: GB.6

 

Ward: Comenarra

Applicant: Nu-Steel Homes

Owners: Mr D and Mrs N Schembri

 

 

To determine Development Application 0220/11, which is for the construction of a two (2) storey dwelling and associated works.

 

 

 

Resolved:

 

(Moved: Councillors McDonald/Anderson)

 

That consideration of construction of a two (2) storey dwelling at 22 Cove Street, South Turramurra be deferred pending a site inspection.

 

For the Resolution:              The Mayor, Councillor I Cross, Councillors Duncombe, Holland, Keays, McDonald, Szatow and Anderson

 

Against the Resolution:        Councillors Hardwick and Malicki

 

 

 

 

258

Policy for the Payment of Expenses and Provision of Facilities to Councillors

 

File: S03779/2

Vide: GB.2

 

 

To recommend the exhibition of an updated Policy for the Payment of Expenses and Provision of Facilities to Councillors.

 

 

Resolved:

 

(Moved: Councillors Keays/McDonald)

 

That the updated Policy for the Payment of Expenses and Provision of Facilities to Councillors be endorsed for placing on public exhibition.

 

CARRIED UNANIMOUSLY

 

 

259

9 Kiamala Crescent, Killara - Alterations and First Floor Addition to Dwelling House

 

File: DA0241/11

Vide: GB.5

 

Ward: Gordon

Applicant/Owner: Mrs Janine Roberts

 

 

To determine Development Application No. 0241/11 which proposes alterations and a first floor addition to an existing dwelling house.

 

 

Resolved:

 

(Moved: Councillors Keays/Szatow)

 

A.    That the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No.1 – Development Standards to
Clause 46(2) – maximum building height of the Ku-ring-gai Planning Scheme Ordinance is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case.

 

B.    That the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No.1 – Development Standards to Clause 60C – built-upon area of the Ku-ring-gai Planning Scheme Ordinance is well founded. The Council is also of the opinion that strict compliance with the development standards is unreasonable and unnecessary in the circumstances of this case.

 

AND

 

C.    That the Council, as the consent authority, being satisfied that the objections under SEPP1 are well founded and also being of the opinion that the granting of consent to DA0241/11 is consistent with the aims of the Policy, grant development consent to DA0241/11 for alterations and a first floor addition to an existing dwelling on land at 9 Kiamala Crescent, Killara for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

 

The conditions of consent are as follows:

 

CONDITIONS THAT IDENTIFY APPROVED PLANS:

 

1.     Approved architectural plans and documentation

 

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

 

Plan name

Lodged with Council

Drawn by

Dated

DA-01

20 May 2011

Design Confidential

Dec 2010

DA-02

20 May 2011

Design Confidential

Dec 2010

DA-03

20 May 2011

Design Confidential

Dec 2010

BASIX Certificate No.

A113125

20 May 2011

-

19 May 2010

Materials and finishes

26 July 2011

Design Confidential

-

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

 

 

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

CONDITIONS TO BE SATISFIED PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION:

 

4.     Road opening permit

 

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

 

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

 

5.     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.     Structural adequacy (alterations and additions)

 

Prior to commencement of any development or excavation works, the Principal Certifying Authority shall be satisfied that that those components of the building to be retained and/or altered will be structurally sound and able to withstand the excavation and demolition process.

 

C1.   Note:    Evidence from a qualified practising structural engineer, demonstrating compliance with the above and detailing, where relevant, means of support for those parts of the retained building shall be provided to the Principal Certifying Authority.

 

Reason:         To ensure that the development can be undertaken in accordance with accepted construction practices as indicated on the endorsed development plans, without the need for modification of the consent.

 

 

8.     Construction waste management plan

 

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s DCP 40 – Construction and Demolition Waste Management.

 

The plan shall address all issues identified in DCP 40, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.

 

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

 

Reason:        To ensure appropriate management of construction waste.

 

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE:

 

9.     Privacy

 

To ensure that privacy is maintained to the adjoining property at 7 Kiamala Crescent, Killara, the following measure shall be implemented:

 

·        A fixed privacy screen shall be installed for the entire length of the eastern edge of the balcony at the rear of the first floor addition. The privacy screen shall have a height of 1.6 metres above the finished floor level of the balcony. The privacy screen shall be constructed of a durable material, appropriately integrated and shall be designed so as to prevent direct overlooking into the private open space of this adjoining property.

 

Reason:         To maintain neighbour amenity.

 

10.   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.

 

11.   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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

12.   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.

 

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION (WHICHEVER COMES FIRST):

 

13.   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.

 

CONDITIONS TO BE SATISFIED DURING THE DEMOLITION, EXCAVATION AND CONSTRUCTION PHASES:

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   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.

 

18.   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.

 

19.   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.

 

20.   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.

 

21.   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.

 

22.   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.

 

23.   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.

 

24.   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.

 

25.   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.

 

 

 

26.   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.

 

27.   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.

 

28.   Drainage to existing system

 

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the existing site drainage system. The installation of new drainage components must be completed by a licensed contractor in accordance with AS3500.3 (Plumbing Code) and the BCA. No stormwater runoff is to be placed into the Sydney Water sewer system. If an illegal sewer connection is found during construction, the drainage system must be rectified to the satisfaction of Council and Sydney Water.

 

Reason:         To protect the environment.

 

29.   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.

 

30.   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.

 

31.   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:

 

32.   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. A113125 and dated 19 May 2010 have been complied with.

 

Reason:         Statutory requirement.

 

33.   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.

 

CONDITIONS TO BE SATISFIED AT ALL TIMES:

 

34.   Outdoor lighting

 

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

 

Reason:       To protect the amenity of surrounding properties.

 

CARRIED UNANIMOUSLY

 

 

260

Companion Animal Management Plan 2011 to 2016

 

File: S02613

Vide: GB.7

 

 

To present to Council the draft Ku-ring-gai Companion Animals Management Plan 2011 to 2016.

 

 

 

Resolved:

 

(Moved: Councillors Keays/Hardwick)

 

That the draft Ku-ring-gai Companion Animals Management Plan 2011 to 2016 be adopted by Council.

 

CARRIED UNANIMOUSLY

 

 

261

CSIRO Land at 51 Bradfield Road, West Lindfield - Property Matter

 

File: S07457

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 Community dated 19 July 2011

 

 

Resolved:

 

(Moved: Councillors Keays/Szatow)

 

A.     That the Mayor and General Manager approach both Federal and State Ministers, and other relevant personnel, to discuss this matter and to commence negotiations for an agreeable solution in relation to the current proposal from CSIRO.

 

B.     That a report come back to Council following the above discussions, containing recommendations for a formalised outcome.

 

CARRIED UNANIMOUSLY

 

 

 

262

Potential Acquisition of Land - Gordon

 

File: S08130

Vide: C.2

 

 

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(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 Corporate and Director Strategy and Environment dated
27 July 2011.

 

 

Resolved:

 

(Moved: Councillors Keays/Anderson)

 

That Council defer the matter due to an update on the process of the potential acquisition.

 

CARRIED UNANIMOUSLY

 

 

Standing Orders were suspended to deal with items

where there are speakers after a

Motion moved by Councillors McDonald and Keays

was CARRIED UNANIMOUSLY

 

 

263

Supplementary Report 29 Church Street, Pymble - Alterations and Additions to a Heritage Item

 

File: DA0849/10

Vide: GB.3

 

The following members of the public addressed Council:

 

C Kemp

I Glendinning

 

 

To address questions raised at the Councillor site inspection held on 18 June 2011.

 

 

Resolved:

 

(Moved: Councillors Hardwick/Anderson)

 

That the matter stand deferred to allow a period of two (2) weeks from today’s date for the applicant to lodge amended documentation to then be assessed by Council officers and reported back to Council.

 

CARRIED UNANIMOUSLY

 

Standing Orders were suspended

to deal with NM.2 - Ku-ring-gai Council Town Centres LEP

& to hear all speakers

after a Motion moved by Councillors Keays and Anderson

 

For the Motion:                      The Mayor, Councillor I Cross, Councillors Hardwick, Holland, Keays, Malicki, McDonald, Szatow and Anderson

 

Against the Motion:                Councillor Duncombe

 

Motions of which due Notice has been given

 

 

264

Ku-ring-gai Council Town Centres LEP

 

File: S06523/2

Vide: NM.2

 

The following members of the public addressed Council:

 

P Cooper

T Recsei

J Posen

P Armstrong

N Cronin

D Yorath

S Allnutt

G Tabuteau

C Darby

L Lipman

D Burnett

R Ringwood

L Melnick

G Gurney

D Warner

W Butt

S Marshall

C Berlioz

K Cowley

C Drummer

 

 

 

Notice of Motion from Councillor Elaine Malicki dated 1 August 2011

 

I move:

 

"1.     That Council acknowledges the decision of the Land and Environment Court regarding the invalidity of the Town Centres LEP, and congratulates the community groups that initiated and pursued the successful Land and Environment Court appeal.

 

2.       That all interested Councillors meet with the representatives of these groups to discuss the judgement, their issues and suggestions for a way forward.

 

3.       That Council acknowledges that while those aspects of the Plan aimed at improving protection to the long term character of Ku-ring-gai are innovative and can be built upon, eg biodiversity and heritage, the Plan was prepared under pressure and there is an opportunity to re-evaluate its shortcomings.

 

4.       That a list of additional approved dwellings be compiled from the commencement date of the Metropolitan Strategy in April 2004 and circulated to Councillors.  The list is to be completed in-house and categorised into LEP 194, Town Centres LEP, SEPP Seniors, SEPP53, subdivisions etc, and should be updated monthly at this stage.  It would be useful to have addresses, approving body and yields included  in due course.

 

The list should also include the approval in concept numbers for the University of Technology, Sydney (UTS) and the Sydney Adventist Hospital and any other
Part 3As approved in concept form.

 

5.       That a further report be brought back to Council following the meeting with community representatives."

 

 

Resolved:

 

(Moved: Councillors Malicki/McDonald)

 

That the above Notice of Motion, as amended, be adopted.

 

CARRIED UNANIMOUSLY

 

 

 

GENERAL BUSINESS (cont)

 

 

265

Tulkiyan Heritage House - Centenary Publication

 

File: S02153

Vide: GB.1

 

 

To consider a proposal from the Tulkiyan Management Committee for Council to allocate funds to produce a Tulkiyan Centenary Publication for 2013.

 

 

Resolved:

 

(Moved: Councillors Duncombe/Malicki)

 

A.     That Council provide, in principle, support for a Tulkiyan Centenary publication and to determine allocation of funding once a Project Committee has put forward a business case inclusive of and not limited to quotes on costs of various formats, content, costs of each and any budgeted shortfalls and funding options and timeframe steps required for the processing.

 

B.     That the Committee to comprise of interested Councillors, Staff and other interested community members of the Tulkiyan Committee and other relevant persons, as appropriate.

 

C.     That a report come back to Council, following the preparation of the business case.

 

For the Resolution:                 The Mayor, Councillor I Cross, Councillors Duncombe, Holland, Malicki, McDonald and Anderson

 

Against the Resolution:           Councillors Keays, Szatow and Hardwick

 

 

The above Resolution was CARRIED as an Amendment to the Original Motion.  The Original Motion was:

 

(Moved:  Councillors Szatow/Keays)

 

A.     That Council provide, in principle, support for a Tulkiyan Centenary publication and allocate $50,000 for the project.

 

B.     Following this determination, a report to come to Council, following the establishment of a steering committee, providing details of the format, contents and scope of the work, including cost estimates for the project.

 

 

 

266

6 Collins Road, St. Ives - Demolition of Existing Dwelling and Construction of Two (2) Self Contained Dwellings - SEPP (Housing for Seniors and People with a Disability) 2004 and Community Title Subdivision

 

File: DA0204/11

Vide: GB.4

 

Ward: St Ives

Applicants/Owners:  Trevor & Enid Bambrick

 

 

Demolition of one existing dwelling and construction of two self contained  dwellings (SEPP – Housing for Seniors and People with a Disability 2004) and community title subdivision

 

 

Resolved:

 

(Moved: Councillors Anderson/Hardwick)

 

That the Council, as the consent authority, grant development consent to DA 0204/11 for the demolition of existing structures and construction of 2 dwellings for the purposes of a Housing for Seniors Living or People with a Disability development and Community Title subdivision, on land at 6 Collins Road, St. Ives for a period of two (2) years from the date of the 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:

 

Plan no.

Drawn by

Dated

RL1723 Sheet 1 of 3

Residential Logistics P/L

04.07.2011

RL1723 Sheet 2 of 3

Residential Logistics P/L

04.07.2011

RL1723 Sheet 3 of 3

Residential Logistics P/L

04.07.2011

LPDA11 - 347/1 Revision E

Conzept Landscape Architects

30.06.2011

SW0314

Greg Timewell & Associates

Mar 2011

 

Document(s)

Dated

Access Report - prepared by Accessibility Solutions

18 April 2011

 

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:

 

Plan no.

Drawn by

Dated

# LPDA 11-347/1 Rev E

Conzept

30/06/2011

 

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

 

 

 

 

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

 

4.     Road opening permit

 

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

 

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

 

5.     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.     Archival recording of buildings

 

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

 

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

 

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

 

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

 

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

 

8.     Dilapidation photos (public infrastructure)

 

Prior to the commencement of any works on site the applicant must submit to Ku-ring-gai Council and the Principal Certifying Authority a photographic record on the visible condition of the existing public infrastructure over the full site frontage (in colour - preferably saved to cd-rom in ‘jpg’ format). The photos must include detail of:

 

·      The existing footpath

·      The existing kerb and gutter

·      The existing full road surface between kerbs

·      The existing verge area

·      The existing driveway and layback where to be retained

·      Any existing drainage infrastructure including pits, lintels, grates.

 

Particular attention must be paid to accurately recording any pre-developed damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing damage to public infrastructure caused as a result of the development (which is not to be repaired by the Applicant as part of the development). The developer may be held liable to all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated under the requirements of this condition prior to the commencement of any works.

 

Reason:    To protect public infrastructure.

 

9.     Construction and traffic management plan

 

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

 

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

 

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

 

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

 

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

 

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

 

Demolition

Concrete pour

Construction of vehicular crossing and reinstatement of footpath

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

 

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

 

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

 

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

 

10.   Erosion and drainage management

 

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

 

Reason:         To preserve and enhance the natural environment.

 

11.   Tree protection fencing

 

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.

 

Schedule

Tree/Location

Radius in metres

#6 Camellia sasanqua (Chinese Camellia)

Adjacent to northern site boundary

 

#38 Cedrus deodar (Himalayan Cedar)

Front setback

1.0m

 

 

4.5m on western side

10.0m elsewhere

 

Reason:         To protect existing trees during the construction phase.

 

12.   Tree protective fencing type galvanised mesh

 

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

 

Reason:       To protect existing trees during construction phase.

 

 

 

13.   Tree protection signage

 

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

 

Tree protection zone.

 

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

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

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

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

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

 

Reason:         To protect existing trees during the construction phase.

 

14.   Tree protection mulching

 

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

 

Reason:         To protect existing trees during the construction phase.

 

15.   Tree 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) within the identified tree protection zone (TPZ)/beneath the canopy of the following tree/s is/are installed, outside of the identified tree protection fencing requirements:

 

Schedule

Tree/Location

#30 Toona ciliata (Red Cedar)

Adjacent to southern site boundary in neighbouring property

 

#31 Jacaranda mimosifolia (Jacaranda)

Adjacent to southern site boundary in neighbouring property

 

#36 Celtis australis (Nettle Tree)

Adjacent to southern site boundary in neighbouring property

 

#37 Ulmus minor ‘Variegata’ (Elm)

Adjacent to southern site boundary in neighbouring property

 

#38 Cedrus deodar (Himalayan Cedar)

Front setback

 

Reason:         To protect existing trees during the construction phase.

 

16.   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.

 

17.   Noise and vibration management plan

 

Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority.  The management plan is to identify amelioration measures to ensure the noise and vibration levels will be compliant with the relevant Australian Standards and Ku-ring-gai Council’s Code for the Control and Regulation of Noise on Building Sites. The report shall be prepared in consultation with any geotechnical report that itemises equipment to be used for excavation works.

 

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

 

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

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

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

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

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

·      noise and vibration monitoring, reporting and response procedures

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

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

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

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

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

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

·      compliance with Council’s Code for the Control and Regulation of Noise on Building Sites

 

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

 

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

 

18.   Construction standards - housing for seniors or people with a disability

 

Prior to the issue of any Construction Certificate for this development, comprehensive plan and construction specifications shall be provided to the Certifying Authority that details and demonstrates that the construction and fit out of the development is in accordance with the specifications established in Schedule 3 of SEPP (Housing for Seniors or People with a Disability) 2004. The Construction Certificate shall not be issued until the plans satisfy this requirement.

 

Reason: to ensure compliance with the terms of the SEPP.

 

19.   Amendments to approved landscape plan

 

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

 

Plan no.

Drawn by

Dated

#LPDA 11-347/1 Rev E

Conzept

30/06/2011

 

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

 

·      Screen planting, capable of attaining a minimum height of 2.0m and maintained no greater than 2.5m, is to be provided adjacent to the fence line of Dwelling B outside of Bedrooms 2 & 3.

·      The proposed screen planting adjacent to the southern site boundary is to be continued for the length of the southern boundary/heritage property boundary.

·      To maintain biodiversity, the proposed planting of three Acmena smithii (Lillypilly) is to be amended to include at least two Syncarpia glomulifera (Turpentine) with a minimum separation of 5.0m.

·      The proposed Magnolia grandiflora (Bull Bay Magnolia) at the rear of Dwelling A is to be relocated so that it has a minimum setback from the dwelling of 3.5m to ensure its protection under Council’s Tree Preservation Order.

 

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

 

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

 

Reason:       To ensure adequate landscaping of the site

 

20.   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.

 

21.   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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

22.   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.

 

23.   Access for people with disabilities (commercial)

 

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities from the public domain and all car parking areas on site to all tenancies within the building 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.

 

24.   Stormwater management plan

 

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scale construction plans and specifications in relation to the stormwater management and disposal system for the development. The plan(s) must be based on Greg Timewell & Associates Drawing No. SW0314 Rev. A, dated
30-6-11 and must include the following detail:

 

·      exact location and reduced level of discharge point to the public drainage system.

·      Layout of the property drainage system components, including but not limited to (as required) gutters, downpipes, spreaders,  pits, swales, kerbs, cut-off and intercepting drainage structures, subsoil drainage, flushing facilities and all ancillary stormwater plumbing - all designed for a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence).

·      location(s), dimensions and specifications for the required rainwater storage and reuse tanks and systems and where proprietary products are to be used, manufacturer specifications or equivalent shall be provided.

·      specifications for reticulated pumping facilities (including pump type and manufacturer specifications) and ancillary plumbing to fully utilise rainwater in accordance with Ku-ring-gai Council Development Control Plan 47 and/or BASIX commitments.

·      details of the required on-site detention tanks required by Ku-ring-gai Water Management DCP 47, including dimensions, materials, locations, orifice and discharge control pit details as required (refer Chapter 6 and Appendices 2, 3 and 5 of DCP 47 for volume, PSD and design requirements).

 

The above construction drawings and specifications are to be prepared by a qualified and experienced civil/hydraulic engineer in accordance with Council’s Water Management Development Control Plan 47, Australian Standards 3500.2 and 3500.3 - Plumbing and Drainage Code and the Building Code of Australia.

 

Reason:         To protect the environment.

 

25.   Sydney Water Section 73 Compliance Certificate (Part 1)

 

Prior to the issue of a Construction Certificate, a Compliance Certificate under Section 73 of the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator. For details see the Sydney Water web site www.sydneywater.com.au, or telephone 13 20 92.

 

Following application, a notice of requirements will be forwarded, detailing water and sewer extensions to be built and charges to be paid.  Early contact with the Co-ordinator is advisable since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. Details of any requirements of Sydney Water are to be provided with the Construction Certificate documentation.

 

Reason:         Statutory requirement.

 

 

 

 

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 Dwelling A will be isolated pier or pier and beam construction within the specified radius of the trunk/s of the following tree/s:

 

Schedule

Tree/Location

Radius from trunk

#38 Cedrus deodar (Himalayan Cedar)

Front setback

10.0m

 

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.   Noise from plant in residential zone

 

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

 

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

 

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

 

28.   Driveway crossing levels

 

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

 

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

 

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

 

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

 

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

 

29.   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.

 

30.   Energy Australia requirements

 

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

 

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

 

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

 

31.   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.

 

32.   Underground services

 

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

 

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

 

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

 

33.   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.

 

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

 

34.   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.

 

35.   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.

 

36.   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.

 

37.   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.

 

38.   Construction noise

 

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

 

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

 

39.   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.

 

40.   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.

 

41.   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.

 

42.   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.

 

43.   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.

 

 

 

44.   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.

 

45.   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.

 

46.   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.

 

47.   Drainage to street

 

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the street drainage system.  New drainage line connections to the street drainage system shall conform and comply with the requirements of Sections 5.3 and 5.4 of Ku-ring-gai Water Management Development Control Plan No. 47.

 

Reason:         To protect the environment.

 

48.   Sydney Water Section 73 Compliance Certificate

 

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

 

Reason:         Statutory requirement.

 

49.   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:

 

Schedule

Tree/Location

Time of inspection

#38 Cedrus deodar (Himalayan Cedar)

Front setback

* Immediately prior to the commencement of ANY works on site

 

* At the completion of demolition/clearing of site

 

* At four monthly intervals during development works

 

* At the completion of all works on site/prior to issue of occupation certificate.

 

Reason:         To ensure protection of existing trees.

 

50.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

51.   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:

 

Schedule

Tree/Location

Radius from trunk

#2 Acer palmatum (Japanese Maple)

Adjacent to eastern site boundary

 

#3 Lagerstroemia indica (Crepe Myrtle)

Adjacent to northeast site corner

 

#4 Camellia japonica (Japanese Camellia) x 2

Adjacent To northern site boundary

 

#5 Acer palmatum (Japanese Maple)

Adjacent to northern site boundary

 

#6 Camellia sasanqua (Chinese Camellia)

Adjacent to northern site boundary

 

#18 Jacaranda mimosifolia (Jacaranda)

Adjacent to northwest site corner in neighbouring property

 

#30 Toona ciliata (Red Cedar)

Adjacent to southern site boundary in neighbouring property

 

#31 Jacaranda mimosifolia (Jacaranda)

Adjacent to southern site boundary in neighbouring property

 

#34 Acer palmatum (Japanese Maple)

Adjacent to southern site boundary in neighbouring property

 

#35 Nerium oleander (Oleander)

Adjacent to southern site boundary in neighbouring property

 

#36 Celtis australis (Nettle Tree)

Adjacent to southern site boundary in neighbouring property

 

#37 Ulmus minor ‘Variegata’ (Elm)

Adjacent to southern site boundary in neighbouring property

 

#38 Cedrus deodar (Himalayan Cedar)

Front setback

3.0m

 

 

3.0m

 

 

2.0m

 

 

2.0m

 

 

2.0m

 

 

3.0m

 

 

4.0m

 

 

7.7m

 

 

3.0m

 

 

2.0m

 

 

3.5m

 

 

5.6m

 

 

10.3m

 

Reason:         To protect existing trees.

 

52.   Approved tree works

 

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

 

 

 

Schedule

Tree/Location

Approved tree works

#1 Chamaecyparis obtusa ‘Crippsii’ (Hinoki Cypress)

Adjacent to eastern site boundary

 

#7 Acer palmatum (Japanese Maple) x 2

Adjacent to northern site boundary

 

#8 Acer palmatum (Japanese Maple)

Adjacent to northern site boundary

 

#9 Cotoneaster spp

Adjacent to northern site boundary

 

#10 Acer palmatum (Japanese Maple)

Adjacent to northern site boundary

 

#13 Quercus robur (English Oak)

Adjacent to northern site boundary

 

#14 Ligustrum lucidum (privet)

Adjacent to northern site boundary

 

#15 Cotoneaster spp

Adjacent to northern site boundary

 

#16 Celtis sinensis (Chinese Celtis)

Adjacent to northern site boundary

 

#17 Prunus spp (Peach)

Adjacent to northern site boundary

 

#19 Ligustrum lucidum (Privet)

Adjacent to western site boundary

 

#20 Nerium oleander (Oleander)

Adjacent to western site boundary

 

 

#21 Morus nigra (Mulberry)

Adjacent to western site boundary

 

#22 Erythrina crista-galli (Cockspur Coral Tree)

Adjacent to southwest site corner

 

#23 Camellia japonica (Japanese Camellia)

Adjacent to southern site boundary

 

#24 Lagerstroemia indica (Crepe Myrtle)

Adjacent to southern site boundary

 

#25 Camellia japonica (Japanese camellia)

Adjacent to southern site boundary

 

#28 Plumeria acutifolia (Frangipani)

Centrally located on site

 

#29 Chamaecyparis spp

Centrally located on site

 

#32 Camellia japonica (Japanese Camellia)

Adjacent to southern site boundary

 

#33 Juniperous chinensis (Chinese Juniper)

Adjacent to southern site boundary

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

Removal

 

 

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.

 

53.   Hand excavation

 

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

 

Schedule

Tree/Location

Radius from trunk

#2 Acer palmatum (Japanese Maple)

Adjacent to eastern site boundary

 

#3 Lagerstroemia indica (Crepe Myrtle)

Adjacent to northeast site corner

 

#4 Camellia japonica (Japanese Camellia) x 2

Adjacent To northern site boundary

 

#5 Acer palmatum (Japanese Maple)

Adjacent to northern site boundary

 

 

#6 Camellia sasanqua (Chinese Camellia)

Adjacent to northern site boundary

 

#18 Jacaranda mimosifolia (Jacaranda)

Adjacent to northwest site corner in neighbouring property

 

#30 Toona ciliata (Red Cedar)

Adjacent to southern site boundary in neighbouring property

 

#31 Jacaranda mimosifolia (Jacaranda)

Adjacent to southern site boundary in neighbouring property

 

 

#34 Acer palmatum (Japanese Maple)

Adjacent to southern site boundary in neighbouring property

 

#35 Nerium oleander (Oleander)

Adjacent to southern site boundary in neighbouring property

 

#36 Celtis australis (Nettle Tree)

Adjacent to southern site boundary in neighbouring property

 

#37 Ulmus minor ‘Variegata’ (Elm)

Adjacent to southern site boundary in neighbouring property

 

#38 Cedrus deodar (Himalayan Cedar)

Front setback

3.0m

 

 

3.0m

 

 

2.0m

 

 

2.0m

 

 

 

2.0m

 

 

3.0m

 

 

4.0m

 

 

7.7m

 

 

 

3.0m

 

 

2.0m

 

 

3.5m

 

 

5.6m

 

 

10.3m

 

Reason:         To protect existing trees.

 

54.   Thrust boring/directional drilling

 

Excavation for the installation of any services within the specified radius of the trunk/s of the following tree/s shall utilise the thrust boring/directional drilling methods.  Thrust boring/directional drilling shall be carried out at least 600mm beneath natural ground level to minimise damage to tree/s root system:

 

Schedule

Tree/Location

Radius from trunk

#18 Jacaranda mimosifolia (Jacaranda)

Adjacent to northwest site corner in neighbouring property

 

#30 Toona ciliata (Red Cedar)

Adjacent to southern site boundary in neighbouring property

 

#31 Jacaranda mimosifolia (Jacaranda)

Adjacent to southern site boundary in neighbouring property

 

#34 Acer palmatum (Japanese Maple)

Adjacent to southern site boundary in neighbouring property

 

#35 Nerium oleander (Oleander)

Adjacent to southern site boundary in neighbouring property

 

#36 Celtis australis (Nettle Tree)

Adjacent to southern site boundary in neighbouring property

 

#37 Ulmus minor ‘Variegata’ (Elm)

Adjacent to southern site boundary in neighbouring property

 

#38 Cedrus deodar (Himalayan Cedar)

Front setback

3.0m

 

 

4.0m

 

 

5.0m

 

 

3.0m

 

 

 

2.0m

 

 

3.5m

 

 

5.5m

 

 

10.0m

 

Reason:         To protect existing trees.

 

55.   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.

 

56.   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.

 

57.   Canopy replenishment trees to be planted

 

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

 

Reason:         To maintain the treed character of the area.

 

58.   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:

 

59.   Construction standards - housing for seniors or people with a disability

 

Prior to the issue of an occupation certificate or occupation of the development (what ever 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.

 

60.   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. 366524S_03 and 366526S)02 have been complied with.

 

Reason:         Statutory requirement.

 

61.   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.

 

62.   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.

 

63.   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.

 

64.   Certification of drainage works (dual occupancies and above)

 

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

 

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

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

·      retained water is connected and available for use

·      all grates potentially accessible by children are secured

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

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

 

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

 

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

 

Reason:         To protect the environment.

 

65.     WAE plans for stormwater management and disposal (dual occupancy and above)

 

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

 

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

·      gradients of drainage lines, materials and dimensions

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

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

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

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

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

·      dimensions of the discharge control pit and access grates

·      the maximum depth of storage possible over the outlet control

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

 

 

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

 

Reason:         To protect the environment.

 

66.   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.

 

67.     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.

 

68.   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.

 

Note:  This restriction must be created using the Department of Lands form 13RPA prior to issue of the Occupation Certificate.  Because the Occupation Certificate must be issued prior to release of the Subdivision Certificate, it cannot be left until the registration of the Section 88B Instrument.

 

69.   SEPP seniors living advertising

 

All advertising, signage, marketing or promotion of the sale of the dwellings in this development shall make clear reference to the fact that this is a SEPP Seniors Living development and that at least one occupier shall be aged 55 years or over or have a disability.

 

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

 

Conditions to be satisfied prior to the issue of a subdivision certificate:

 

70.   OSD positive covenant

 

The applicant shall create a positive covenant and restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the property with the requirement to maintain the on-site stormwater detention facilities on site. The terms of the instruments are to be generally in accordance with the Council's "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 Water Management Development Control Plan No. 47). The location of the on-site detention facilities for all dwellings is to be noted on the final plan of subdivision.

 

Reason:         To ensure maintenance of on site stormwater detention facilities.

 

71.   Retention and re-use positive covenant

 

The applicant shall create a positive covenant and restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site retention and re-use facilities. The terms of the instruments are to be generally in accordance with the Council's "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 Water Management Development Control Plan No. 47). The location of the on-site detention facilities for all dwellings is to be noted on the final plan of subdivision.

 

Reason:         To ensure maintenance of site retention and re-use facilities.

 

72.   Sydney Water Section 73 Compliance Certificate

 

Prior to release of the linen plan/issue of the subdivision certificate, the Section 73 Sydney Water compliance certificate which refers to the subdivision application must be obtained and submitted to the Council.

 

Reason:    Statutory requirement.

 

73.   Requirements of public authorities for connection to services

 

Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority shall be satisfied that the applicant has complied with the requirements of any public authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, AGL, etc) in regard to the connection, relocation and/or adjustment of the services affected by the proposed subdivision. All costs related to the relocation, adjustment or support of services are the responsibility of the applicant.

 

Note:              Details of compliance with the requirements of any relevant public authorities are to be submitted to the Principal Certifying Authority.

 

Reason:         To ensure that services are available to the allotments of land.

 

74.   Issue of Subdivision Certificate

 

The Subdivision Certificate must not be issued until all conditions of development consent relating to the buildings, including landscaping, stormwater drainage and driveway construction, have been satisfied and an Occupation Certificate has been issued by the Principal Certifying Authority.

 

Reason:         To ensure that the development is completed prior to transfer of responsibility for the site and development to another person.

 

75.   Submission of 88b instrument

 

Prior to the issue of the Subdivision Certificate, the applicant must submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies to Council. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the burdens.

 

Reason:         To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.

 

76.   Submission of plans of subdivision

 

For endorsement of the subdivision certificate, the applicant shall submit an original plan of subdivision plus 6 copies, suitable for endorsement by Council. The following details must be submitted with the plan of subdivision and its copies:

 

a)     the endorsement fee current a the time of lodgement

b)     the 88B instrument plus 6 copies

c)     a copy of the Occupation Certificate

d)     all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent

e)     The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

f)      Proof of payment of S94 contribution

 

Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees. Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.

 

Reason:         Statutory requirement.

 

77.   General easement/R.O.W. provision and certification

 

Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.  Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required, then proof to this effect must be submitted to the Principal Certifying Authority.

 

Reason:         To ensure that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.

 

Conditions to be satisfied at all times:

 

78.   Outdoor lighting

 

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

 

Reason:      To protect the amenity of surrounding properties.

 

Advisory note:

 

The development is not subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a Section 94 Contributions Plan in effect under the Environmental Planning and Assessment Act.

 

For the Resolution:                 The Mayor, Councillor I Cross, Councillors Duncombe, Hardwick, Holland, Keays, Malicki, McDonald and Anderson

 

Against the Resolution:           Councillor Szatow

 

 

 

 

 

 

 

 

 

 

Motions of which due Notice has been given (cont)

 

 

267

Recategorisation of Certain Community Lands - Koola Park

 

File: S03671

Vide: NM.1

 

 

Notice of Rescission from Councillors Elise Keays and Cheryl Szatow and the Mayor, Councillor I Cross dated 25 July 2011

 

We, the undersigned Councillors hereby seek to rescind the following Resolution of Council at its meeting of 19 July 2011 being Minute No 228 as follows:

 

A.     That Council note the boundary re-alignment between community land categories for the 9 sites listed below:

 

i.        Mimosa Oval and Rofe Park, Turramurra; (LMUs 251 & 248);

ii.       Darnley Oval and Governor Phillip Reserve, East Gordon Park, Gordon; (LMUs 133 & 132);

iii.      Regimental Park Tennis Courts (within Regimental Park); (LMU 856);

iv.      George Christie Playing Field and Bradley Park, Wahroonga; (LMUs 242 & 236);

v.       Howson Oval and Twin Creek Reserve, Turramurra; (LMUs 237 & 233);

vi.      Koola Park and Bushranger Reserve, Killara; (LMUs 138 & 137)

vii.     Barra Brui Playing Field, Community Development Area and Barra Brui Bush, St Ives; (LMUs 134, 625 & 135);

viii.    Avondale Pony Club and Surgeon White Reserve, St Ives; (LMUs 103 &102); and

ix.      Bryce Oval and Bryce Bush, St Ives; (LMUs 118 & 119)

 

B.      That Council prepare amendments to the relevant plans of management, to amend the community land categories of the following sites, in their entirety, to natural area (bushland):

 

i.        Milkmaids Reserve (19A Ellalong Road, North Turramurra) (LMU 037); and

ii.       Huntley’s Forest (37A Lynbara Avenue, St Ives) (LMU 108).

 

C.      Consultation with the Department of Primary Industries be undertaken for sites owned by the Crown under the care control and management of Council.

 

D.    That Council note Scout licence (LMU 725) (359A Bobbin Head Road, North Turramurra) is not intended to be renewed by Community and Recreational Services.

 

E.      That Council note Land Management Unit mapping of Princes Park (LMU 340) to be updated to more accurately represent the current licence.

 

F.      That Council prepare amendments to the relevant plans of management, to amend the community land category of a portion of Twin Creek Reserve (LMU 233) to Park (Howson Avenue Playground (LMU 977) Turramurra (as per maps 13 and 14 within Attachment A1).”

 

If the above Rescission Motion is successful, the following Motion is proposed:

 

A.     That Council note the boundary re-alignment between community land categories for the 9 sites listed below:

 

i.      Mimosa Oval and Rofe Park, Turramurra; (LMUs 251 & 248);

ii.     Darnley Oval and Governor Phillip Reserve, East Gordon Park , Gordon; (LMUs 133 & 132);

iii.    Regimental Park Tennis Courts (within Regimental Park); (LMU 856);

iv.    George Christie Playing Field and Bradley Park, Wahroonga; (LMUs 242 & 236);

v.     Howson Oval and Twin Creek Reserve, Turramurra; (LMUs 237 & 233);

vi.    Koola Park and Bushranger Reserve, Killara; (LMUs 138 & 137) (as per Attachment A1).”

vii.   Barra Brui Playing Field, Community Development Area and Barra Brui Bush, St Ives; (LMUs 134, 625 & 135);

viii.  Avondale Pony Club and Surgeon White Reserve, St Ives; (LMUs 103 &102); and

ix.    Bryce Oval and Bryce Bush, St Ives; (LMUs 118 & 119)

 

B.     That Council prepare amendments to the relevant plans of management, to amend the community land categories of the following sites, in their entirety, to natural area (bushland):

 

i.      Milkmaids Reserve (19A Ellalong Road, North Turramurra) (LMU 037); and

ii.     Huntley’s Forest (37A Lynbara Avenue, St Ives) (LMU 108).

 

C.     Consultation with the Department of Primary Industries be undertaken for sites owned by the Crown under the care control and management of Council.

 

D.     That Council note Scout licence (LMU 725) (359A Bobbin Head Road, North Turramurra) is not intended to be renewed by Community and Recreational Services.

 

E.     That Council note Land Management Unit mapping of Princes Park (LMU 340) to be updated to more accurately represent the current licence.

 

F.     That Council prepare amendments to the relevant plans of management, to amend the community land category of a portion of Twin Creek Reserve (LMU 233) to Park (Howson Avenue Playground (LMU 977) Turramurra (as per maps 13 and 14 within Attachment A1).”

 

 

Resolved:

 

(Moved: Councillor Keays/Mayor, Councillor I Cross)

 

That the following Rescission of Minute No 228 of 19 July 2011 be rescinded:

 

A.     That Council note the boundary re-alignment between community land categories for the 9 sites listed below:

 

i.       Mimosa Oval and Rofe Park, Turramurra; (LMUs 251 & 248);

ii.      Darnley Oval and Governor Phillip Reserve, East Gordon Park , Gordon; (LMUs 133 & 132);

iii.     Regimental Park Tennis Courts (within Regimental Park); (LMU 856);

iv.     George Christie Playing Field and Bradley Park, Wahroonga; (LMUs 242 & 236);

v.      Howson Oval and Twin Creek Reserve, Turramurra; (LMUs 237 & 233);

vi.     Koola Park and Bushranger Reserve, Killara; (LMUs 138 & 137)

vii.    Barra Brui Playing Field, Community Development Area and Barra Brui Bush, St Ives; (LMUs 134, 625 & 135);

viii.   Avondale Pony Club and Surgeon White Reserve, St Ives; (LMUs 103 &102); and

ix.     Bryce Oval and Bryce Bush, St Ives; (LMUs 118 & 119)

 

B.     That Council prepare amendments to the relevant plans of management, to amend the community land categories of the following sites, in their entirety, to natural area (bushland):

 

i.       Milkmaids Reserve (19A Ellalong Road, North Turramurra) (LMU 037); and

ii.      Huntley’s Forest (37A Lynbara Avenue, St Ives) (LMU 108).

 

C.     Consultation with the Department of Primary Industries be undertaken for sites owned by the Crown under the care control and management of Council.

 

D.     That Council note Scout licence (LMU 725) (359A Bobbin Head Road, North Turramurra) is not intended to be renewed by Community and Recreational Services.

 

E.     That Council note Land Management Unit mapping of Princes Park (LMU 340) to be updated to more accurately represent the current licence.

 

F.     That Council prepare amendments to the relevant plans of management, to amend the community land category of a portion of Twin Creek Reserve (LMU 233) to Park (Howson Avenue Playground (LMU 977) Turramurra (as per maps 13 and 14 within Attachment A1).

 

For the Resolution:                          The Mayor, Councillor I Cross, Councillors Duncombe, Hardwick, Holland, Keays, McDonald, Szatow and Anderson

 

Against the Resolution:                   Councillor Malicki

 

 

(Moved: Councillors Keays/Szatow

 

That the following Motion to rescind Minute No 228 of 19 July 2011 be adopted:

 

A.     That Council note the boundary re-alignment between community land categories for the 9 sites listed below:

 

i.       Mimosa Oval and Rofe Park, Turramurra; (LMUs 251 & 248);

ii.      Darnley Oval and Governor Phillip Reserve, East Gordon Park, Gordon; (LMUs 133 & 132);

iii.     Regimental Park Tennis Courts (within Regimental Park); (LMU 856);

iv.     George Christie Playing Field and Bradley Park, Wahroonga; (LMUs 242 & 236);

v.      Howson Oval and Twin Creek Reserve, Turramurra; (LMUs 237 & 233);

vi.     Koola Park and Bushranger Reserve, Killara; (LMUs 138 & 137) (as per Attachment A1).”

vii.    Barra Brui Playing Field, Community Development Area and Barra Brui Bush, St Ives; (LMUs 134, 625 & 135);

viii.   Avondale Pony Club and Surgeon White Reserve, St Ives; (LMUs 103 &102); and

ix.     Bryce Oval and Bryce Bush, St Ives; (LMUs 118 & 119)

 

B.     That Council prepare amendments to the relevant plans of management, to amend the community land categories of the following sites, in their entirety, to natural area (bushland):

 

i.       Milkmaids Reserve (19A Ellalong Road, North Turramurra) (LMU 037); and

ii.      Huntley’s Forest (37A Lynbara Avenue, St Ives) (LMU 108).

 

C.     Consultation with the Department of Primary Industries be undertaken for sites owned by the Crown under the care control and management of Council.

 

D.     That Council note Scout licence (LMU 725) (359A Bobbin Head Road, North Turramurra) is not intended to be renewed by Community and Recreational Services.

 

E.     That Council note Land Management Unit mapping of Princes Park (LMU 340) to be updated to more accurately represent the current licence.

 

F.     That Council prepare amendments to the relevant plans of management, to amend the community land category of a portion of Twin Creek Reserve (LMU 233) to Park (Howson Avenue Playground (LMU 977) Turramurra (as per maps 13 and 14 within Attachment A1).

 

For the Resolution:              The Mayor, Councillor Cross, Councillors Duncombe, Hardwick, Holland, Keays, McDonald, Szatow and Anderson

 

Against the Resolution:        Councillor Malicki

 

 

 

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

 

An Inspections Committee will be held on Saturday, 13 August 2011 commencing at 9.00am at the following property:

 

22 Cove Street, South Turramurra.

 

 

 

The Meeting closed at 10.05pm

 

 

The Minutes of the Ordinary Meeting of Council held on 9 August 2011 (Pages 1 - 62) were confirmed as a full and accurate record of proceedings on 23 August 2011.

 

 

 

          __________________________                                 __________________________

                   General Manager                                                         Mayor / Chairperson

 


 

Ordinary Meeting of Council - 23 August 2011

PT.1 / 59

 

 

Item PT.1

DA0331/10

 

15 August 2011

 

 

Petition

 

 

Petition Against a ERUV in St Ives - (One Thousand, Two Hundred and Twenty-Nine [1,229] Signatures)

 

 

"We, the undersigned residents, of Ku-ring-gai wish to bring to the attention of the Council the widespread community opposition to the construction of an eruv in St lves.  The principal reasons being:

 

1.       The propensity which an eruv would have in the longer term to develop into a religious enclave.

 

2.       The visual and environmental impact the boundary structures would have on residential amenity.

 

3.       The granting of permanent legal rights over private land to the Northern Eruv Inc and
Ku-ring-gai Council.

 

We hereby petition and request that Council reject all proposals for the construction of an ERUV including DA0331/10, DA0332/10, DA0333/10, DA0334/10, DA0335/10, DA0336/10, DA0337/10, DA0338/10, DA0339/10, DA0340/10, and DA0341/10."

 

 

Recommendation:

 

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

 

  


 

Ordinary Meeting of Council - 23 August 2011

GB.1 / 60

 

 

Item GB.1

88/05728/01

 

27 July 2011

 

 

Structures on Public Reserve to Support
St Ives ERUV

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To consider granting consent to seven (7) applications to erect poles, with attached wires, on the road reserve for the purpose of creating an eruv in St Ives. The matter is being referred to Council as the applications form part of a network of poles and wires and is directly associated with development applications for the same purpose.

 

 

background:

On 23 June 2011, Council received seven (7) applications from the President of the Northern Eruv Incorporated to install structures on the road reserve.

 

 

comments:

On receipt of the applications to erect the structures on the road reserve, notification of the proposal was sent to residents directly affected. Submissions were invited to be sent by 15 July 2011.

Of the 28 responses received, 25 submissions objected to the proposal. The main concerns expressed over the proposal related to visual impacts on the streetscape and concerns about the use of public land for private purposes.

 

 

recommendation:

That Council not grant consent to the applications to install the structures on the road reserve.

 

 


  

Purpose of Report

To consider granting consent to seven (7) applications to erect poles, with attached wires, on the road reserve for the purpose of creating an eruv in St Ives. The matter is being referred to Council as the applications form part of a network of poles and wires and is directly associated with development applications for the same purpose.

 

Background

 

On 23 June 2011, Council received seven (7) applications from the President of the Northern Eruv Incorporated for the use of the road reserve to install structures on the road reserve in accordance with Council’s policy on the Private Use of Road Reserve and Nature Strips. A copy of Council’s policy is attached to this report.

 

Attached to this report is a copy of each of the applications seeking consent in accordance with the Roads Act, 1993 and Council’s policy. The applications include:

 

·    plan of the proposed location of the poles and wire connections to the utility network;

·    photo montage of the proposals;

·    elevation of the pole footing detail;

·    letter from Telstra advising of their acceptance and conditions; and

·    letter from Ausgrid (formerly Energy Australia)

advising of their acceptance and conditions as the utility network is proposed to be used as part of an eruv.

 

Under Sections 138 and 139 of the Roads Act, 1993, a person must not erect a structure on or over a public road without consent of the Roads Authority. In the case of local roads, Council is the Roads Authority which can grant consent under Section 139 of the Roads Act, 1993. The Act does not describe the type of structure permitted or not permitted.

 

Development Applications for the erection of poles and wires associated with an eruv on a number of private properties have been received. Assessment of these applications is under Part 4 of the Environmental Planning and Assessment Act, 1979 and will be subject of a separate report.

 

As the road reserve is unzoned, Development Applications are not required for the erection of a structure on the road reserve but if approval is granted, the applications must be assessed under Part 5 of the Environmental Planning and Assessment Act, 1979.

 

Comments

 

Following receipt of the applications for consent to erect the structures on the road reserve, notification of the proposal was sent to those residents that were considered to be directly affected. Submissions were required to be received by 15 July 2011.

 

The erection of structures on the road reserve relates to Council Policy for the Private Use of the Road Reserve and under the policy, there is no requirement to notify adjoining properties. However, as this proposal was considered to have an impact on the local community, notification was carried out.

 

Attached to this report is copy each of the relevant notification areas for each application.

 

Of the 28 responses, there were 25 submissions objecting to the proposal. The main concerns expressed over the proposal related to visual impacts on the streetscape and concerns about the use of public land for private purposes.

 

Attached to this report is a summary of the responses received with the names and addresses removed for privacy reasons.

 

With regard to the proposal, the poles are to be located adjacent to the boundary fences and therefore, not likely to have a significant impact on pedestrians. The poles are proposed to be 150mm in diameter and  6 metres high. The wire connection is similar to the size of utility connections. Hence, as shown in the photo montages, the structures are not considered to have a significant impact on the streetscape but do add to the existing network.

 

Before the matter can be considered further, Council needs to determine whether it wishes to grant consent under Section 139 of the Roads Act, 1993.  If consent is granted, the proposal needs to be assessed under Part 5 of the Environmental Planning and Assessment Act in accordance with the following considerations:

 

Section 111 of Part 5 of the Environmental Planning and Assessment Act 1979 sets out the environmental assessment obligations of public authorities which propose to carry out, or propose to approve of others carrying out, activities which do not require development consent (and which therefore are not subject to environmental assessment under Part 4 of the Act by the Council or other authority granting consent). The public authority must examine and take into account to the fullest extent possible all matters which are likely to affect the environment by reason of such activity. The public authority is required to decide whether to require a full environmental impact assessment (EIS) by considering a preliminary environmental assessment, called a "Review of Environmental Factors" (REF). An REF has no statutory basis, but is required as part of the standard practice of the Department of Planning and other public authorities which are bound by Part 5.

 

The applicant has submitted a Review of Environmental Factors (REF) in relation to the works proposed upon public land.  As detailed previously, approval is sought for the following activities:-

 

·     Installation of non live catenery wire between poles on private land (covered under current development applications) and Ausgrid (formerly Energy Australia) street poles.

 

·     Installation of nine (9) new poles on public land.

 

·     Installation of non - live catenary wire between new poles in public land and existing Ausgrid street poles.

 

The Review of Environmental Factors (REF) submitted by the applicant has been reviewed by Council staff and the likely affects of the proposed activities are not considered to warrant the preparation of an Environmental Impact Assessment (EIS).

 

The environmental impacts likely to result from the proposed structures have been considered to be satisfactory against the requirements of Section 111 of Part 5 of the Environmental Planning and Assessment Act 1979.

 

 

Also, if Roads Act consent is granted then a number of conditions will also need to be satisfied.

 

Those being and not limited to:

 

1)   The Applicant will not do any of the following:

 

(a)   use the land other than for the purpose applied for in the application;.

(b)   use the land or any part thereof for any offensive or unlawful purposes;

(c)   keep anything on the land which may conflict with the laws or regulations relating to fires or store any chemicals or burning fluids and

(d)   paint, affix or erect on any part of the land any signs or advertisements without Council’s prior written consent.

 

2)   The Applicant shall at all times keep the land and all improvements, fixtures and fittings on it clean and safe condition.

 

3)   The Applicant shall duly comply with and observe all notices received from any statutory or public authority relating to the land or the nature or use carried out on it and will comply with the requirements of such notices at their own expense.

 

4)   The Applicant is liable for and indemnifies Council against all losses, damages, costs, expenses and other liabilities arising from or incurred in connection with:

 

(a)   damage, loss, injury or death caused by the act of negligence or default of the Applicant or of the Applicant’s employees and agents or by faulty fittings or fixtures brought upon or affixed to the land by the Applicant; and

(b)   Council doing anything which the applicant must do under this consent but has not done or has not done properly.

 

5)   The Applicant releases Council from, and agrees that Council is not liable for, any losses, damages, costs, expenses or other liabilities arising from or incurred in connection with:

 

(a)   damage, loss, injury or death unless it is caused by the Council’s act, negligence or default; and

(b)   anything the Council is permitted or required to do under this consent.

 

6)   Each indemnity is independent from the Applicant’s other obligations and continues during the consent and after it is revoked. The Council may enforce an indemnity before incurring expense after written notice.

 

7)   No act, matter or thing whatsoever shall at any time be done upon the land which shall create nuisance, grievance, damage or disturbance of the occupiers or owners of the properties adjoining the land.

 

 

 

8)   Any damage caused to:

 

(a)   any property or person; or

(b)   any part of the road or public places including the road surfaces, footpaths, kerbing, guttering, drains, gullies or other constructions vested in or under the control of Council,

(c)   by reason of any work done by the Applicant shall be made good by the Applicant to the satisfaction of Council after written notice and if the Applicant fails to do so then Council may make good such damage and the cost incurred in so doing shall be paid by the Applicant to the Council.

 

9)   If Council does any work under this consent and the costs of that work are payable by the Applicant, a certificate from an engineer for the Council duly served shall be final and conclusive as to the cost of the work.

 

10) The Applicant must maintain public liability insurance coverage to protect the Council against any claim arising for damages throughout the term of the consent.  A copy of the relevant documentation must be provided to Council.

 

11) Council’s right to enter and repair after written notice shall extend to affecting all repairs, painting, cleaning or other work which it shall deem expedient.

 

12) Notwithstanding any implication or rule of law to the contrary Council, shall not be liable for any damage or loss the Applicant may suffer by the act, default or neglect of any other person or by reason of Council neglecting to do something to the land which as between the Council and Applicant it might be legally liable to do.

 

13) The standard conditions of this Consent may be varied as required by Council as Roads Authority for each individual site as required.

 

14) The structure must be maintained for the life of the structure to the satisfaction of Council by the owner of the property benefiting from the structure.

 

15) Council reserves the right to demolish and remove all or any part of the structure at any time without compensation to the owner if the land is required for public use and if the owner fails to maintain the structure in a safe condition then the cost will be borne by the owner.

 

16) Subject to Council approval of the structure, the owner is to contact all utility authorities to seek and obtain permission for the structure and comply with their conditions including investigation of utilities under in the road reserve and obtain permission from the various utility authority that would normally occupy the relevant section of the road reserve allocated under the Roads Opening Conference allocations.

 

17) Any impact on significant trees on private property will require owner’s consent for any pruning works under Council’s Tree Preservation policy and any impact on Council’s trees in the road reserve will require a qualified arborist report on the impact and assessment of any tree pruning works.

 

 

Governance Matters

 

The matter is referred to Council as the consent authority for the erection of structure on a road reserve under Sections 138 and 139 of the Roads Act, 1993.

 

Risk Management

 

There are a number of possible risks associated with the erection of poles on public property which could relate to possible injuries to persons using the road reserve. As the poles are proposed to be located adjacent to property boundary lines, the likelihood of injuries is lessened but there is still a possibility of pedestrians colliding with the poles. This has to be considered in conjunction with other infrastructure that already exists on the road reserve.

 

There is the possibility of the wires becoming charged by nearby electricity wires and therefore, the poles and wires should be adequately insulated against this occurrence.

 

Financial Considerations

 

There are no financial considerations for Council associated with this proposal.

 

Social Considerations

 

The applications relate to the establishment of an eruv for cultural purposes. If Council was to grant consent for Development Applications for an eruv on private land then granting consent for the structures on the road reserve would allow the eruv to link and operate. To not grant consent for the establishment of the structures on the road reserve would not allow an eruv to link and operate and therefore make any development consents issued irrelevant.

 

Environmental Considerations

 

The proposed erection of the structures on the road reserve may impact on a number of significant trees. If approved, the protection of the trees would be important. Therefore, arborist’s reports would be required where trees are likely to be impacted by the structures.

 

Community Consultation

 

Community consultation was undertaken with directly affected residents. There are no specific requirements to consult with the community indentified in Council’s Private Use of Road Reserve and Nature Strips policy but, due to the nature of these applications, it was considered appropriate to consult with residents that are likely to be directly affected by these proposals.

 

Internal Consultation

 

Consultation has taken place with staff from Development and Regulation on the Roads Act, 1993 applications.

 

 

 

 

Summary

 

Council has received seven (7) applications for the erection of structures on the road reserve for the purpose of creating an eruv. This is in conjunction with the eleven (11) development applications for the erection of poles and wires on a number of private properties.

 

Residents that were considered to be directly affected by the proposal were notified and provided with 14 days to respond to the proposal. Council received 28 responses to the proposal and a significant majority of the respondents objected to the proposal.

 

While on technical grounds the proposal is not considered to have a major impact on the road reserve, the residents consider that the proposal will have an adverse visual impact on the streetscape and that public land should not be used for private purposes.

 

Given that the majority of the residents surrounding the proposals are objecting to the installation of the poles and wires, it is considered that there is no significant benefit to Council and the community arising from this proposal. Therefore, it is recommended that the applications to install the poles and wires on and over the road reserve not be supported.

 

 

Recommendation:

 

That Council not grant its consent to the applications to install the structures on the road reserve.

 

 

 

 

 

 

Greg Piconi

Director Operations

 

 

 

Attachments:

A1View

Private Use of Road Reserves and Nature Strips policy - 24 March 2009

 

929149

 

A2View

Application - vicinity of 9 Carmen St St Ives

 

2011/132610

 

A3View

Notification parameter - vicinity 9 Carmen St St Ives

 

2011/163372

 

A4View

Application - vicinity of 44 Dalton Rd St Ives

 

2011/132617

 

A5View

Notification parameter - vicinity of 44 Dalton Rd St Ives

 

2011/163357

 

A6View

Application - vicinity of 1 Catherine St St Ives

 

2011/132620

 

A7View

Notification parameter - vicinity of 1 Catherine St St Ives

 

2011/163365

 

A8View

Application - vicinity of 140 Rosedale Rd St Ives

 

2011/132623

 

A9View

Notification parameter - vicinity of 140 Rosedale Rd St Ives

 

2011/163362

 

A10View

Application - vicinity of the corner Carbeen Ave & Killeaton St St Ives

 

2011/132625

 

A11View

Notification parameter - vicinity of the corner Carbeen Ave & Killeaton St St Ives

 

2011/163363

 

A12View

Application - vicinity of 2 Paul St opposite 74 Catherine St St Ives

 

2011/132628

 

A13View

Notification parameter - vicinity of 2 Paul St opposite 74 Catherine St St Ives

 

2011/163368

 

A14View

Application - vicinity of 23 Lynbara Avenue St Ives

 

2011/132631

 

A15View

Notification parameter - 23 Lynbara Ave St Ives

 

2011/163349

 

A16View

List of submissions

 

2011/163246

  


APPENDIX No: 1 - Private Use of Road Reserves and Nature Strips policy - 24 March 2009

 

Item No: GB.1

 

Ku-ring-gai Council – Private Use of Road Reserves

 

 

Ku-ring-gai Council

 

 

Private Use of Road Reserves and Nature Strips

 

 

1.    Purpose

 

The purpose of this policy is to control the use of private works in the road reserve and nature strips under the Local Government Act 1993, the Roads Act 1993 and/or any other Act.

 

This policy applies to the whole Ku-ring-gai Local Government Area.

 

The policy applies to all new and existing structures located on public road reserve, it being noted that since the commencement of the Roads Act 1993, permanent structures may not be authorised on any land but purchased land.

 

As covered under Section A12 (6) of the delegations to the General Manager, the General Manager can approve very minor encroachments on the road reserve or nature strip subject to the conditions of this policy being applied.

 

2.    Objectives

 

The objectives of this policy are:

 

1.         To permit use of Public Land (dedicated public road reserve) by private property owners on a uniform basis and in compliance with the Local Government Act 1993 and the Roads Act 1993.

 

2.         To provide guidelines and conditions on the permitted use of Council owned assets for private purposes.

 

3.         To reduce Council’s exposure to risks associated with the use of public land by formal tenure/occupation by consent to define responsibilities.

 

 

 

 

 

 

Doc distribution

Internal and external

Doc status

Approved

File No

S03467/929149

Document owner

General Manager

Contact officer/s

Director Operations

Approval date

24 March 2009

Approved by

Council

Effective date

24 March 2009

Review period

3 years

Review date

24 March 2012

History of approved versions

Version

Effective date24/3/09

Summary of changes

1.0

 

Original

 


3.    Definitions

 

In this policy:

 

Area means the Ku-ring-gai Local Government Area

 

Road Reserve means any land that is dedicated or declared as public road including nature strips.

 

Nature strips  means the section of the road reserve between the property boundary and the edge of the road.

Permanent Structure means

 

•          Any structure that is made from permanent materials such as reinforced concrete or brickwork.

•          Requires significant structural and site works, eg retaining walls or suspended slab

•          Is not easily removed and the disturbed area would be difficult to restore

•          Associated with a condition of consent for car parking to allow occupation of the main dwelling on the adjoining land

Examples:

•       Car stands requiring significant structural and site works

•       Inclinators or stairs providing pedestrian access

•          Fences and retaining walls that are made from permanent materials such as concrete, brickwork, stonework and steel in excess of 300mm in height.

Hard and soft landscaping works means

Hard Landscaping involves the creation of garden beds in any materials and does not exceed 300mm in height.

Soft landscaping involves the planting of trees and other plants in the nature strip or road reserve.

Temporary Structure means

 

A temporary structure is any structure that is:

 

··  required for the duration of construction associated with an approved or exempt development activity.

··  does not require significant structural works

··  easily removed and area easily reinstated

··  not associated with a condition of consent for car parking to allow occupation of the main dwelling on the adjoining land.

··  for the purpose of construction of a building that may require a hoarding or other structure.

Examples:

··  Hoardings for building works or temporary rock or ground anchors.

··  Temporary barriers

 

4.    Requirements for Permanent Structures

 

A permanent structure that is not an existing encroachment will require the lodgement of a Section 139 application to Council together with the payment of relevant fees for processing and the assessment of the application as set out in Council’s Fees and Charges.

 

Any works that are considered by Council to be a permanent structure will require the submission of detailed drawings or structural engineering plans depending on the nature of the work.

 

Council will, where appropriate consider issuing consent under Section 139 of the Roads Act 1993 for the occupation of a permanent structure on the road reserve subject to:

 

··  A specific application being made to Council with the application fee as set in Council’s fees and charges

 

··  An application form for Consent under Section 139 of the Roads Act 1993 as attached to this Policy in Appendix 1.

 

··  That should Section 139 consent be granted to the applicant for the subject property, the applicant must comply with all covenants and conditions at all times otherwise this consent will deemed to be withdrawn by Council.

 

··  Standard conditions for Consent under Section 139 of the Roads Act 1993 are attached to this Policy as Appendix 2.

 

··  The standard conditions of this Consent may be varied as required by Council as Roads Authority for each individual site as required.

 

··  The structure must be maintained for the life of the structure to the satisfaction of Council by the owner of the property benefiting from the structure.

 

··  Council reserves the right to demolish and remove all or any part of the structure at any time without compensation to the owner if the land is required for public use and if the owner fails to maintain the structure in a safe condition then the cost will be borne by the owner.

 

··  Subject to Council approval of the structure, the owner is to contact all utility authorities to seek and obtain permission for the structure and comply with their conditions.

 

Applications for a permanent structure on the road reserve will be advised to the Ward Councillors. Ward Councillors have ten (10) working days following notification of the application for a permanent structure to request that the matter be called to Council for consideration. 

 

Should the Ward Councillor not call the matter to Council, then the matter shall be referred to Council’s General Manager or his delegate to consider whether the permanent structure should be approved or conditions be placed on the adjoining owner with regard to Council’s requirements.

 

5.    Requirements for Hard and Soft Landscaping Works

 

For hard landscaping works that involve the erection of garden beds and small retaining structures that are not considered by Council to be a permanent structure, the following conditions apply:

 

··  the submission of detailed drawings depending on the nature of the work.

 

··  A specific application being made to Council with the application fee as set in Council’s fees and charges and being paid prior to Council's formal agreement to consent.

 

··  An application form for Consent under Section 139 of the Roads Act 1993 is attached to this Policy as Appendix 1.

 

··  That should Section 139 consent be granted to the applicant for the subject property, the applicant must comply with all covenants and conditions at all times otherwise this consent will deemed to be withdrawn by Council.

 

··  Standard conditions for Consent under Section 139 of the Roads Act 1993 are attached to this Policy as Appendix 2.

 

··  The standard conditions of this Consent may be varied as required by Council as Roads Authority for each individual site as required.

 

··  The works must be maintained for their life to the satisfaction of Council by the owner of the property benefiting from the structure.

 

··  Council reserves the right to demolish and remove all or any part of the works at any time without compensation to the owner if the land is required for public use and if the owner fails to maintain the works in a safe condition then the cost will be borne by the owner.

 

··  Subject to Council approval by Council, the owner is to contact all utility authorities to seek and obtain permission for the works and comply with their conditions.

 

Generally soft landscaping or tree planting of the road reserve by parties other than Council may be permitted provided that a safe passageway of a minimum of 1.2 metres wide is available for pedestrian movement. However, approval for the planting of trees and landscaping of the road reserve or nature strip still requires Council approval by applying in writing to Council.

 

In order to be considered exempt from any Section 139 consent requirements under the provisions of this policy, a proposal for soft landscaping of a portion of the road reserve must comply with the following essential terms:

 

§§    Proposals must not alter the current topography of the road reserve.

 

§§    All vegetation to be planted in the road reserve or nature strip must be approved by Council in accordance with Council listed species.

 

§§    The area to be improved must not be used for any purposes other than landscaping of the road reserve or nature strip, to enhance the existing streetscape aspect of the area.

 

§§    The landscape works must not represent an obstacle or an obstruction of any nature to the adjoining property owners and/or users of the road, including pedestrian access.

 

Applications for hard or soft landscaping works can be approved by the General Manager or his delegate and will not be referred to Council for its consideration.

 

6.    Requirements for Temporary Structures

 

A temporary structure may require the lodgement of a Section 139 application to Council together with the payment of relevant fees for processing and the assessment of the application as set out in Council’s Fees and Charges.

 

Any works that are considered to be a temporary structure will require the submission of detailed drawings or structural engineering plans depending on the nature of the work. Any temporary structure that is associated with an approved development activity must comply with the conditions of consent.

 

Council will, where appropriate consider issuing consent under Section 139 of the Roads Act 1993 for the occupation of a temporary structure on the road reserve subject to:

 

··  A specific application being made to Council with the application fee as set in Council’s fees and charges.

 

··  An application form for Consent under Section 139 of the Roads Act 1993 as attached to this Policy in Appendix 1.

 

··  That should Section 139 consent be granted to the applicant for the subject property, the applicant must comply with all covenants and conditions at all times otherwise this consent will deemed to be withdrawn by Council.

 

··  Standard conditions for Consent under Section 139 of the Roads Act 1993 are attached to this Policy as Appendix 2.

 

··  The standard conditions of this Consent may be varied as required by Council as Roads Authority for each individual site as required.

 

··  The structure must be maintained for duration of the works to the satisfaction of Council by the applicant or developer benefiting from the structure.

 

··  Council reserves the right to demolish and remove all or any part of the structure at any time without compensation to the applicant if the land is required for public use and if the owner fails to maintain the structure in a safe condition then the cost will be borne by the owner.

 

··  Subject to Council approval of the structure, the owner is to contact all utility authorities to seek and obtain permission for the structure and comply with their conditions.

 

Applications for temporary structures can be approved by the General Manager or his delegate and will not be referred to Council for its consideration.

 

7.    Requirements for Existing Encroachments

 

Where it is found that an adjoining owner has an existing encroachment upon a road reserve and no previous approval was given and the encroachment is found by Council to be a permanent structure and considered to be a safety concern to the public, then staff shall notify the Ward Councillors of the encroachment. 

 

Ward Councillors have ten (10) working days following notification of the encroachment to request that the matter be called to Council for consideration. 

 

Should the Ward Councillor not call the matter to Council, then the matter shall be referred to Council’s General Manager or his delegate to consider whether the encroachment should be removed or conditions be placed on the adjoining owner with regard to Council’s requirements.

 

Either Council or the General Manager shall determine whether to:

 

a.         allow the existing encroachment to remain, at Council’s discretion, subject to Council’s conditions or

b.         issue an order for the existing encroachment to be removed and restored to Council’s satisfaction.

 

Any decision by Council or the General Manager to take no action does not formalise the encroachment nor does it constrain Council from taking some other action in the future.

 

It is the encroaching owner’s responsibility to provide a survey from a registered surveyor to define the encroachment(s) and the area of the encroachment(s) and to take out any necessary public liability insurances over the Council road reserve land.

 

Generally Council will not sell a portion of the road reserve to permit any encroachment but may consider leasing of the land depending on the extent of the encroachment.  Any lease of public road shall be subject to the provisions of Part 10, Division 2 – Short term leases of unused public roads – Other Road Management Functions of the Roads Act 1993.

 

8.    Legislation

Consent to erect a structure on Road Reserves is covered under Sections 138 and 139 of the Roads Act 1993.

 

9.    Exceptions

 

Permanent structures in this policy does not include the installation of facilities or infrastructure for public utility authorities such as the provision of services by telecommunication carriers or utility service providers.

 

This policy does not permit the parking of vehicles on the road reserve or nature strip and prohibitions relating to this practice are covered under the Road Transport Act 1999.

 

The placement of road side memorials is covered under Council’s Traffic and Transport Policy.

 

10.  Leasing of Road Reserve

 

Council may require the leasing of a portion of the road reserve for private use for temporary structures only. In circumstances where an applicant wishes to erect a temporary structure on a portion of a road reserve, the applicant is required to complete Appendix 1 and submit the application to Council. The matter will then be referred to Council for determination of any leasing arrangements and conditions of consent.

 

Council may also consider leasing of the road reserve for existing encroachments of permanent structures.

 

11.  Purchase of the Road Reserve

 

Council will generally not sell any portion of the road reserve. However, situations may arise where it is in the interests of both Council and the adjoining owner to proceed with the sale of a portion of the road reserve.

 

Where Council agrees to the sale of a portion of the road reserve and the land is to be purchased from Council, a road closure application process will need to be commenced. The road closure application and sale of land will be subject to:

 

··  An application to Council with the appropriate fees being paid by the applicant to process the application.

··  That all objections to the proposal have been fully considered by Council

··  That approval has been given by the Minister for Lands

··  That the land being sold at a price which reflects its current market value to be established by a registered valuer appointed by Council.

··  That all costs associated with actions to dispose of public road are to be borne by the purchaser.

··  No structure is to be built or erected until title is transferred.

··  That funds obtained from the sale of road reserves be used in accordance with the provisions of Section 43 of the Roads Act 1993, that is, for acquiring land for roads or for carrying out road works.

 

12.  Implementation

 

The implementation of this policy is the responsibility of the General Manager and the Director Operations.

 

13   Associated documents

 

Codes, Policies and Legislation

 

Outdoor Dining and Footpath Trading Policy

Traffic and Transport Policy

Road Transport Act 1999


 

APPENDIX 1

 

APPLICATION FOR CONSENT FOR STRUCTURE

TO OCCUPY ROAD RESERVE UNDER

 

Section 139, Roads Act 1993

 

Administration fee                                                                                          $50

Assessment fee for permanent structure                                               $150

Assessment fee for hard landscaping                                                      $100

 

Property Address:

Property Owner:

Applicant (if other than owner):

 

 

Contact details (Ph, Fax, Mobile):

 

                                                                                                                                         

 

 

Details of structure

 

1.       Permanent Structure          Yes/No – Detailed drawings to be supplied

 

2.       Hard Landscaping               Yes/No – Detailed drawings to be supplied

 

3.         Soft Landscaping               Yes/No – Letter required

 

4.       Temporary Structure          Yes/No – Detailed drawings to be supplied

 

 

Comments to support Application:

 

 

 

 

 

 

Property Owner’s/Secretary of the Owner’s Corporation Signature

 

Date

 

 

By signing this application, the applicant and the owner(s) agrees to the standard conditions as detailed in Appendix 2.


APPENDIX 2

 

CONSENT UNDER SECTION 139 OF THE ROADS ACT 1993

 

NOTATIONS

 

This Consent is granted pursuant to Part 9 Division 3 of the Roads Act 1993.

The Council consents to the Applicant (………………..) using the land, as marked on the attached survey prepared by (……………….), being Council owned road reserve,

For (…………………………………………………………………………………………………………….).

 

In accordance with Section 140 of the Roads Act 1993, the Council can revoke this consent at any time and for any reason by serving a written notice on the Applicant. If the Council revokes this consent, the Applicant will remove, at the Applicant’s own expense any building, structures, fences or improvement erected on the land and make good all damage done to the land and/or the public road. If the Applicant fails to do so, then Council may do such work as it deems necessary and the cost incurred shall be paid by the Applicant to the Council and all materials removed from the land will be the property of the Applicant.

 

MATTERS TO BE SATISFIED PRIOR TO THE RELEASE OF THE CONSENT

 

PRESCRIBED CONDITIONS

 

The applicant is to pay Council the prescribed fee. The fee is to be paid within 28 days of the endorsement date of this consent. The amount is to be adjusted annually in accordance with Council’s Fees and Charges.

 

The Applicant will pay the relevant authorities all water rates, excess water, meter rents, Council rates and land tax should the land the subject of this consent be or become rateable or taxable. If the Applicant fails to make these payments, Council may make the payments and recover the sum paid from the Applicant after written notice.

 

The Applicant will not do any of the following:

 

(a)   use the land other than for (………………………………….);.

 

(b)       use the land or any part thereof for any offensive or unlawful purposes;

 

(c)        keep anything on the land which may conflict with the laws or regulations relating to fires or store any chemicals or burning fluids and

 

(d)       paint, affix or erect on any part of the land any signs or advertisements without Council’s prior written consent.

 

The Applicant shall at all times keep the land and all improvements, fixtures and fittings on it clean and safe condition.

 

The Applicant shall duly comply with and observe all notices received from any statutory or public authority relating to the land or the nature or use carried out on it and will comply with the requirements of such notices at their own expense.

 

The Applicant is liable for and indemnifies Council against all losses, damages, costs, expenses and other liabilities arising from or incurred in connection with:

 

(a)        damage, loss, injury or death caused by the act of negligence or default of the Applicant or of the Applicant’s employees and agents or by faulty fittings or fixtures brought upon or affixed to the land by the Applicant; and

 

(b)       Council doing anything which the applicant must do under this consent but has not done or has not done properly.

 

The Applicant releases Council from, and agrees that Council is not liable for, any losses, damages, costs, expenses or other liabilities arising from or incurred in connection with:

 

(a)        damage, loss, injury or death unless it is caused by the Council’s act, negligence or default; and

 

(b)       anything the Council is permitted or required to do under this consent.

 

Each indemnity is independent from the Applicant’s other obligations and continues during the consent and after it is revoked. The Council may enforce an indemnity before incurring expense after written notice.

 

No act, matter or thing whatsoever shall at any time be done upon the land which shall create nuisance, grievance, damage or disturbance of the occupiers or owners of the properties adjoining the land.

 

Any damage caused to:

 

(a)   any property or person; or

 

(b)       any part of the road or public places including the road surfaces, footpaths, kerbing, guttering, drains, gullies or other constructions vested in or under the control of Council,

 

by reason of any work done by the Applicant shall be made good by the Applicant to the satisfaction of Council after written notice and if the Applicant fails to do so then Council may make good such damage and the cost incurred in so doing shall be paid by the Applicant to the Council.

 

If Council does any work under this consent and the costs of that work are payable by the Applicant, a certificate from an engineer for the Council duly served shall be final and conclusive as to the cost of the work.

 

The Applicant shall not knowingly permit the sale of any goods on the land.

 

The Applicant must maintain public liability insurance coverage to protect the Council against any claim arising for damages throughout the term of the consent.  A copy of the relevant documentation must be provided to Council.

 

Council may enter and inspect the land when Council may require and advise the applicant.

 

Council’s right to enter and repair after written notice shall extend to affecting all repairs, painting, cleaning or other work which it shall deem expedient.

 

Notwithstanding any implication or rule of law to the contrary Council, shall not be liable for any damage or loss the Applicant may suffer by the act, default or neglect of any other person or by reason of Council neglecting to do something to the land which as between the Council and Applicant it might be legally liable to do.

 

The standard conditions of this Consent may be varied as required by Council as Roads Authority for each individual site as required.

 

The structure must be maintained for the life of the structure to the satisfaction of Council by the owner of the property benefiting from the structure.

 

Council reserves the right to demolish and remove all or any part of the structure at any time without compensation to the owner if the land is required for public use and if the owner fails to maintain the structure in a safe condition then the cost will be borne by the owner.

 

Subject to Council approval of the structure, the owner is to contact all utility authorities to seek and obtain permission for the structure and comply with their conditions.

 

* * * * *


APPENDIX No: 2 - Application - vicinity of 9 Carmen St St Ives

 

Item No: GB.1

 



APPENDIX No: 2Application - vicinity of 9 Carmen St St Ives

 

Item No: GB.1

 

 





 


 


 

 


APPENDIX No: 3NOTIFICATION PARAMETER - vicinity of 9 Carmen St St Ives

 

Item No: GB.1

 

 


APPENDIX No: 4 - Application - vicinity of 44 Dalton Rd St Ives

 

Item No: GB.1

 



 


 

 






 


APPENDIX No: 5 - Notification parameter - vicinity of 44 Dalton Rd St Ives

 

Item No: GB.1

 


APPENDIX No: 6 - Application - vicinity of 1 Catherine St St Ives

 

Item No: GB.1

 









 

 

 

 


APPENDIX No: 7 - Notification parameter - vicinity of 1 Catherine St St Ives

 

Item No: GB.1

 

 


APPENDIX No: 8 - Application - vicinity of 140 Rosedale Rd St Ives

 

Item No: GB.1

 










APPENDIX No: 9 - Notification parameter - vicinity of 140 Rosedale Rd St Ives

 

Item No: GB.1

 


APPENDIX No: 10 - Application - vicinity of the corner Carbeen Ave & Killeaton St St Ives

 

Item No: GB.1

 









 


APPENDIX No: 11 - Notification parameter - vicinity of the corner Carbeen Ave & Killeaton St St Ives

 

Item No: GB.1

 


APPENDIX No: 12 - Application - vicinity of 2 Paul St opposite 74 Catherine St St Ives

 

Item No: GB.1

 









 


APPENDIX No: 13 - Notification parameter - vicinity of 2 Paul St opposite 74 Catherine St St Ives

 

Item No: GB.1

 

 


APPENDIX No: 14 - Application - vicinity of 23 Lynbara Avenue St Ives

 

Item No: GB.1

 










APPENDIX No: 15 - Notification parameter - 23 Lynbara Ave St Ives

 

Item No: GB.1

 


APPENDIX No: 16 - List of submissions

 

Item No: GB.1

 

 


 

Ordinary Meeting of Council - 23 August 2011

GB.2 / 150

 

 

Item GB.2

DA0331/10

 

29 July 2011

 

 

development application

 

 

Summary Sheet

 

Report title:

Erection of poles and wiring for Northern Eruv

ITEM/AGENDA NO:

GB.2

 

 

Application No:

DA0331/10, DA0332/10, DA0333/10, DA0334/10, DA0335/10, DA0336/10, DA0337/10, DA0338/10, DA0339/10, DA340/10, DA0341/10

Property Details:

7 Carcoola Road, St Ives, 21 Catherine Street, St Ives,

16 Paul Avenue, St Ives, 62 Catherine Street, St Ives,

29 Lynbara Avenue, St Ives, 27 Catherine Street, St Ives, 33 Toolang Road, St Ives, 3 Ovens Place, St Ives Chase,

20 Yarrabung Road, St Ives, 18 Lawson Parade, St Ives,

26 Marlborough Place, St Ives

Lot & DP No:      Various

Zoning:               2(c)

Ward:

St Ives

Proposal/Purpose:

To determine Development Applications Nos DA0331/10, DA0332/10, DA0333/10, DA0334/10, DA0335/10 DA0336/10, DA0337/10, DA0338/10, DA0339/10, DA0340/10 DA0341/10 for the erection of poles and installation of non-live wiring on eleven (11) residential properties, as part of the proposed Northern Eruv.

Type of Consent:

Local

Applicant:

The Northern Eruv Incorporated

Owner:

Various

Date Lodged:

25 May 2010

Recommendation:

Approval.

 


 

Executive Summary

 

Issues:

Streetscape character, visual amenity and social impacts.

Submissions:

A total of 676 submissions have been received

Land & Environment Court Appeal:

Yes – The matter has been adjourned for a further directions hearing on 6 September 2011pending the Council’s determination.

Recommendation:

Approval

 

The Proposal

 

The development applications propose twenty-seven (27) x 6 metres high poles and the installation of non-live wiring on eleven (11) residential properties across the suburb of St Ives. Non live wiring will be connected to and between the proposed poles and also to existing telegraph poles within adjoining road reserves (subject to separate applications under the Roads Act). The poles are dark green in colour, with a diameter of approximately 80-100mm. The degree of excavation required for the footing of each pole is a width of 250mm and a depth of 1000mm. The non live wiring is described as catenary wire and will either be black or steel grey in colour with a thickness of approximately 10mm.

 

The proposed works to both private and public land (Roads Act applications) are components in a plan to establish the Northern Eruv for the St Ives Jewish Community. The total perimeter of the Eruv is approximately 20kilometres.  (Refer to Attachment A12)

 

The Development Applications are only for the poles and non-live wire on private land. The applicant is also seeking consent under Part 5 of the Environmental Planning & Assessment Act, 1979 and Sections 138 and 139 of the Roads Act 1993. These works are the subject of separate applications and are considered in a concurrent report prepared by Council’s Director of Operations.

 

Energy Australia and Telstra have granted their consent to the proposed scheme. These approvals are provided at Attachments A15 and A17 and cover matters agreed to by the applicant and the authorities, which are to be satisfied prior to works commencing. Construction of the Eruv would be undertaken by a suitably qualified electrical contractor as approved by Energy Australia.

 

A total of eleven (11) Development Applications have been lodged. The works proposed in each individual application are as follows:

 

Application No

Address

Description of works

DA0331/10

7 Carcoola Road
ST IVES NSW 2075

Erection of two 6m high poles and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the poles to be erected via a separate approval to an existing power pole located in Carcoola Road, adjacent to 7 Carcoola Road. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

One of the proposed poles will be set back 13 metres from the front, northern, site boundary and 240mm from the east site boundary. The second proposed pole is set back 150mm from the front, northern, site boundary and 450mm from the east site boundary. 

 

Non-live wiring will connect the poles located within the private land.

 

DA0332/10

21 Catherine Street
ST IVES NSW 2075

Erection of two 6m high poles and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the poles to be erected via a separate approval to an existing power pole located in Catherine Street, adjacent to 21 Catherine Street. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

One of the proposed poles will be set back 10 metres from the front, northern, site boundary and 240mm from the east site boundary. The second proposed pole is set back 500mm from the front, northern, site boundary and 2800mm from the eastern site boundary. 

 

Non-live wiring will connect the poles located within the private land.

 

DA0333/10

16 Paul Avenue
ST IVES NSW 2075

Erection of two 6m high poles and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the pole, to be erected via a separate approval to an existing power pole located in Paul Avenue, adjacent to 16 Paul Avenue. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

One of the proposed poles will be set back 16 metres from the front, western, site boundary and 150mm from the south site boundary. The second proposed pole is set back 150mm from the front, western, site boundary and 200mm from the southern, side, boundary.

 

Non-live wiring will connect the poles located within the private land.

 

DA0334/10

62 Catherine Street
ST IVES NSW 2075

Erection of two 6m high poles and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the poles to be erected via a separate approval to an existing power pole located in Catherine Street, adjacent to 62 Catherine Street. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

One of the proposed poles will be set back 12.20 metres from the front, southern, site boundary and 150mm from the eastern site boundary. The second proposed pole is set back 300mm from the front, southern, site boundary and 150mm from the eastern site boundary.

 

Non-live wiring will connect the poles located within the private land.

 

DA0335/10

29 Lynbara Avenue
ST IVES NSW 2075

Erection of three 6m high poles and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the poles, to be erected via a separate approval to existing power poles located in Lynbara Avenue, adjacent to 29 Lynbara avenue. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

One of the proposed poles will be set back 12.30 metres from the front, eastern, site boundary and 240mm from the southern, side, boundary. The second proposed pole is set back 300mm from the front, eastern site boundary and 240mm from the southern, side, boundary. The third pole set back 100mm from the front, eastern, site boundary and 400mm from the northern, side, boundary.

 

Non-live wiring will connect the poles located within the private land.

 

DA0336/10

27 Catherine Street
ST IVES NSW 2075

Erection of three 6m high poles and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the poles to be erected via a separate approval to existing power poles located in Catherine Street, adjacent to 27 Catherine Street. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

One of the proposed poles will be set back 12.50 metres from the front, northern, site boundary and 150mm from the western site boundary. The second proposed pole is set back 100mm from the front, northern, site boundary and 500mm from the western site boundary. The third pole is set back 450mm from the front, northern. site boundary and 150mm from the eastern side, boundary.

 

Non-live wiring will connect the poles located within the private land.

 

DA0337/10

33 Toolang Road
ST IVES NSW 2075

Erection of three 6m high poles and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the poles, to be erected via a separate approval to existing power poles located in Toolang Road, adjacent to 33 Toolang Road. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

One pole will be set back 37 metres from the front, southern, site boundary and 240mm from the eastern site boundary. The second pole is located 600mm from the front, southern, site boundary and 5.0 metres from the eastern site boundary. The third pole is located 1200mm from the front, southern, site boundary and 800mm from the western site boundary.

 

Non-live wiring will connect the poles located within the private land.

 

DA0338/10

3 Ovens Place
ST IVES CHASE NSW 2075

Erection of one 6m high pole and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the pole to be erected via a separate approval to existing power pole located in Ovens Place, adjacent to 3 Ovens Place. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

The pole is set back 15 metres from the front, northern, site boundary and 150mm from the eastern, side, boundary.

 

Non-live wiring will connect the poles located within the private land.

 

DA0339/10

20 Yarrabung Road
ST IVES NSW 2075

Erection of four 6m high poles and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the poles, to be erected via a separate approval to existing power poles located in Yarrabung Road Place, adjacent to 20 Yarrabung Road. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

Two poles will be set back 240mm from the southern, side, boundary, with one of the poles being set back 15 metres from the front, western, boundary and the second pole set back 150mm from the front, western, boundary. The third pole is located 150mm from the front, western, boundary and 300mm from the side, northern, boundary. The fourth pole is located 240mm from the side, northern, boundary and 19 metres from the front, western, boundary.

 

Non-live wiring will connect the poles located within the private land.

 

DA0340/10

18 Lawson Parade
ST IVES NSW 2075

Erection of one 6m high pole and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the pole, to be erected via a separate approval to existing power poles located in Lawson Parade, adjacent to 18 Lawson Parade. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

The pole will be set back 240mm from the eastern, side, boundary and 18.5 metres from the front, southern, boundary.

 

Non-live wiring will connect the poles located within the private land.

 

DA0341/10

26 Marlborough Place
ST IVES NSW 2075

Erection of four 6m high poles and installation of non-live wiring, as part of the proposed Northern Eruv. The wiring will be attached to the poles, to be erected via a separate approval to existing power poles located in Marlborough Place, adjacent to 26 Marlborough Place. The height of the wiring will be 4.6m or greater consistent with RTA requirements.

 

One pole will be set back 240mm from the western, side, boundary and 7 metres from the front, northern, boundary. A second pole is set back 10.5 metres from the western, side, boundary and 4.9 metres from the rear, southern, site boundary. The third pole is set back 1500mm from the eastern site boundary and 150mm from the front, northern, boundary. The fourth pole is located 300mm from the eastern, side, boundary and 12.25 metres from the front, northern, boundary.

 

Non-live wiring will connect the poles located within the private land.

 

 

BACKGROUND

 

The applicant has provided the following explanation and background information in support of the Development Applications:-

 

·    Under Jewish religious law, it is permissible to carry or push objects on the Sabbath or Jewish holy days within a special area (Eruv). An Eruv enables observant Jews who would otherwise be housebound on the Sabbath, such as parents of very young children and the elderly, to be able to leave their homes, thus enabling improved amenity, as well as increased social and community interaction. The proposed Eruv is an initiative for the local Jewish community which is a significant group within the Ku-ring-gai LGA. The proposal will have little or no environmental impact and will have many positive social consequences for the local community.”

 

·    Essentially, an 'Eruv' is a symbolic barrier that utilises structures such as private poles, telegraph poles, wire, fences, cliff walls and the like to define a boundary to an area within which normal activities may be carried out.  It is an important requirement that the Eruv boundary be an unbroken link ‘enclosing’ an area.

 

·    Physically, an Eruv is a demarcation around a public area which serves to create a single domain. Existing fences, cliff faces and walls are usually sufficient to mark the boundary. Jewish law also makes the provision for ‘virtual walls’ – a structure resembling a doorway – to be used to create the perimeter. These doorway structures are made by utilising, wherever possible, existing cables or wires (such as the existing Optus and Telstra cabling) and existing Energy Australia poles. It is intended that a large component of the St Ives Eruv will be defined in this way.

 

·    Certain small attachments, usually hollow grey conduit, of approximately 40mm in diameter, must be added to the utility poles in order to comply with traditional Jewish law, and in order to specify which poles are part of the Eruv boundary. The PVC cabling will run vertically from the underside of the existing wire at the top of the pole down to the ground. This will assist in the formation of the ‘door way’ structures.

 

·    New infrastructure will only be required in small areas of the Eruv. As Optus/Telstra cables are widespread through the St Ives area, the necessity for special construction is extremely limited.

 

·    This proposal seeks development approval only for the poles and wire erected on private land. Works on public land and on the road reserve will be the subject of applications as necessary under the Roads Act 1993.

 

·    The ongoing operation of the Eruv will involve weekly inspections by individuals appointed by the NSW Rabbinical Council and necessary repairs will be undertaken by authorised utility contractors.”

 

·    The Sydney Eruv was established in 2002 within the eastern suburbs of Sydney. It has an area of approximately 12 square kilometres across the suburb of Bondi, Queens Park, Bondi Junction, Dover Heights, Rose Bay, Vaucluse, North Bondi and Bellevue Hill, serving the large Jewish community in the area. Part of this Eruv includes the iconic location of Bondi Beach Promenade. A second Sydney Eruv, known as the Southern Eruv is currently being completed in the Randwick and Maroubra areas.

 

DA History

 

DA1078/07

 

31 October 2007           Application was lodged.

 

6 November 2007         Council rejected the development application on the following grounds:

 

1.       The application does not adequately identify all land affected by the proposal. 

 

2.       The site plan (map) submitted with the application is not sufficiently detailed to identify all properties affected by the proposed works or the exact location of works on private land.

 

3.       Owners consent for all land affected by the proposed development has not be provided. 

 

4.       The application is unclear in the following respects:

 

·        The erection of boundary fencing has not been adequately detailed.  Details of the proposed materials, colours, height, design and construction is required as part of the development application.  The location of all fencing forward of the building line requires consent from Council.

·        The proposed location of flag poles within private land has not been adequately detailed.  The proposed height, colour, materials, design and construction of the proposed flag poles has not been provided.

·        The erection proposed additional wire and poles on public land has not been adequately detailed.  The proposed location of poles, height of wire, thickness and other material details and colours have not been indicated. 

·        Details of maintenance of the proposed structures have not been included in the application.

·        The proposed works are likely to require pruning works to street trees and trees on private land.  Under these circumstances an Arborist report should be submitted in support of the proposed application.

 

5.   The Statement of Environmental Effects is incomplete in that it fails to identify all land affected by the proposal, does not address all legislation affecting the proposed works.  The description of the proposed works provides insufficient detail of the location, type, design, dimensions and materials for structures to be erected.

 

DA0644/08

 

30 June 2008                Application was lodged.

 

8 August 2008               Notification commenced.

 

8 September 2008        Notification period ends.

 

18 September 2008      Council staff advise applicant of the following concerns:-

 

·        inadequate detail on plans including the correct location of poles

·        inadequate detail regarding wire span distances over road surfaces and subsequent traffic safety

·        issues relating to maintenance and liability.  This matter was not resolved

·        concerns in relation to the impact of works at the rear of No. 26 Cowan Road

·        lack of arborist detail and concerns in relation to tree pruning

·        concerns in relation to owners consent being required for properties over which new wire will be spanned

 

30 September 2008    DA0644/08 was refused under delegated authority:

 

Current Development Applications:

 

25 May 2010                 Development Applications lodged.

 

4 June 2010                  Neighbour notification commenced.

 

24 June 2010                Neighbour notification extended by a further 14 days due to resident requests for additional time to make representations.

 

7 July 2010                   Neighbour notification period ceased.

 

29 September 2010      Final assessment letters were sent, to the applicant requesting additional information in relation to possible impacts on trees and vegetation.

 

11 November 2010       Additional information received.

 

15 February 2011         Applications re-notified to clarify extent of proposal upon private and public land.

 

18 February 2011         Applications re-notified to correct typographical error in notices.

 

23 March 2011              Applications considered by Ku-ring-gai Planning Panel and deferred for a site inspection.

 

7 April 2011                  Ku-ring-gai Planning Panel (KPP) dissolved via Ministerial Order.

 

15 April 2011                Applicant met with Council staff and Mayor to discuss assessment of poles and extension of wiring over public land.

 

6 May 2011                   Applicant meets with Director of Operations and planning staff to discuss proposed works to Public Land and requirements for subsequent applications to be considered.

 

11 May 2011                 Additional information requested by Council staff seeking details of works to Public land and review of Environmental factors as discussed in meeting of 6 May 2011.

 

The Site

 

Site description

 

The Development Applications involve eleven (11) separate residential properties across the suburb of St Ives as identified in the map at Attachment A12.

 

Each of the subject properties are characterised by predominantly low density residential development and contain either large single or two storey detached dwellings within landscaped settings.  The subject dwellings are varied in terms of their architectural character along with their site placement and orientation.

 

Zoning:                                                      Residential 2(c)

Visual Character Study Category:            1945-1968, Post 1968

Heritage Affected:                                    No

Conservation area:                                   No

Integrated Development:                          No

Bush Fire Prone Land:                             Yes (Part Bushfire prone vegetation Category 1 and part Bushfire prone vegetation buffer)

Endangered Species:                                Yes – Sydney Turpentine Ironbark Forest (STIF) / Sydney Blue Gum High Forest (BGHF) Ecological Endangered Community (EEC) – None are affected by the proposal

Urban Bushland:                                       No

Contaminated Land:                                 No

 

Surrounding development

 

The area is characterised by large single and two storey detached dwellings of various styles.  The predominant features of the localities are large dwellings situated in landscaped settings.  A number of the subject properties, by virtue of their location in fringe areas of St Ives, are located on sloping topography and are in close proximity to bushland.

 

Consultation

 

Community

 

It is stressed that this assessment is limited to relevant town planning considerations as set out in S79C of the EP&A Act. Accordingly, consideration of the submissions made must be confined to the relevant planning issues raised.

 

In accordance with Development Control Plan No. 56, owners of surrounding and adjoining properties were given notice of the applications.

 

An extended period of notification was allowed on 23 June 2010 in response to residents’ requests for additional time to make representations. In response, 653 submissions were received from members of the general public and local resident groups. 

 

The application was also notified on 15 February 2011 to clarify the extent of the proposals upon private and public land and again on 18 February 2011 due to a typographical error. A total of 676 submissions have now been received.

 

The list of submitters is included as Attachment A40.

 

impact on views from residential properties

visual intrusion of poles in areas where power lines/telephone wires have been placed under ground

 

The proposed structures and non-live wiring are largely inconspicuous against the well landscaped residential settings of the subject and adjoining sites. The poles are dark green in colour, with a slender diameter of approximately 80-100mm. The non live wiring will either be steel or black in colour with a thickness of approximately 10mm. Many of the poles when viewed from the street are located behind or aside existing vegetation. In addition, many of the poles are located either in line with or behind the front building setback of the properties. All the poles proposed are on private property and will connect to existing street power poles. The issue of visual impact is also addressed specific to each property later in this report.

 

concerns relating to encouragement of religious intolerance and discrimination within the St Ives area

the proposal will result in social segregation and adverse sentiment towards the Jewish population

concerns relating to other religions seeking similar structures

 

Fear or concern of religious intolerance or social segregation is not a relevant matter for consideration pursuant to s 79C(1) of the Environmental Planning and Assessment Act 1979.

 

Australia has long been a multicultural and multi-confessional society and the preservation of religious equality and the freedom to exercise religious beliefs has always been a matter of fundamental concern. The population of the St Ives area is made up of numerous nationalities that may practice many different religions. A number of churches are noted within the St Ives locality.

 

The applications before the Ku-ring-gai Planning Panel are for the construction of poles and non live wiring. The use of the area within the proposed structures in the manner that has been outlined by the applicant does not require development consent. The erection of the structures will not lead to public religious services being carried out in the streets but will allow the members of the Orthodox Jewish community the opportunity to carry objects and push prams etc in the street during the Sabbath.

 

There is no evidence to suggest that the proposed physical works would impact upon the amenity and character of the locality in a detrimental way or adversely affect the existing or future use and enjoyment of the neighbourhood.

 

Any similar proposals submitted by other religious groups would need to also be assessed against the relevant planning considerations set out under S79C of the EP&A Act consideration of any relevant issues.

 

concerns relating to the proper making of the development application

 

The applications have been made in accordance with the requirements of Clause 50 of the Environmental Planning and Assessment Regulation 2000. 

 

concerns relating to the standard of information

 

The statement of environmental effects has been prepared for The Northern Eruv Inc. by Neustein Urban. The architectural plans have been prepared by Kiprovich and Associates Pty Ltd and Aurecon Australia Pty Ltd.  A survey of the relevant sites also accompanies the application. An Arborist’s report was prepared by Tree Wise men. Additional information has been required by Council staff in relation to certain aspects of the applications to enable a proper assessment to be undertaken.  This information largely related to the impacts upon trees and vegetation resulting from the placement of the poles and non live wiring.

 

concerns relating to the extent of notification

concerns relating to the notification process – the extent of the proposed work and whether it involves the use of the area

 

The Development Applications have been notified in accordance with Council’s Notification (DCP 56). An extended period of notification was afforded on 24 June 2009 in response to residents requests for additional time to make representations.

 

On 15 February 2011, the applications were renotified to make it clear that there is to be non-live wiring between existing poles on Council’s roadway and new poles on private land. The wiring was also more clearly indicated on the plans to ensure that the extent of such wiring is evident to those being notified.

 

In order to correct a typographical error, the abovementioned letters were amended and renotified on 18 February 2011. 

 

The re-notification provided an explanation by the applicant of the purpose of an Eruv and also identified the extent of the proposed physical works. The notification letters confirm that the individual applications involve physical work upon certain residential properties. The non live wiring is to be attached to and between the new poles on private land and to and between existing poles located on the road reserve adjoining the subject properties. The physical works under each application form one component which is concurrently being considered by Council. Collectively, these applications, if approved, would form the proposed Northern Eruv.

 

safety concerns

concerns relating to the proximity of some poles immediately adjacent to adjoining dwellings

 

The non live wire will be fixed to new and existing poles in accordance with relevant Australian Standards. The non live wiring will also be installed in accordance with the requirements of the relevant authority, including Energy Australia and The RTA. The height of the proposed wiring will be at a minimum of 4.6 metres above ground level in accordance with RTA road clearance guidelines.

 

The applicant intends to enter into a maintenance plan with an accredited sub contractor (as per Energy Australia requirements for any works in relation to their infrastructure) to carry out any maintenance works that may be required. The applicant also intends to take out appropriate insurance including a public liability policy. This insurance will be maintained for the life of the use of the Eruv.

 

Energy Australia and Telstra have granted their consent to the proposed scheme. These approvals are provided at Attachments A15 and A17. Placement of the wiring will be undertaken by a suitably qualified electrical contractor as approved by Energy Australia.

 

the plans incorrectly indicate that proposed poles will be located on properties that are not part of the application

concern relating to the location of works on public land

concern relating to whether Council can consider approval of works on public land and whether Council’s owner’s consent is required

 

The individual applications involve physical work upon certain residential properties. The non live wiring is to be attached to and between the new poles on private land and to and between existing poles located on the road reserve adjoining the subject properties. Pursuant to the KPSO, the consent authority can only grant consent to works on private land as described in this report.

 

The original Statement of Environmental Effects provided a table and map of “All Infrastructure” on both private and public land and in some instances identifies works that are not the subject of the current applications. The applicant has clarified the extent of works in a letter, dated 15 February 2011. This letter was submitted in support of the documentation and made publicly available with the most recent re-notification of the applications. Any work on public land (not falling within an exempt or complying category of development) would require separate consideration and approvals under Part 5 of the Environmental Planning and Assessment Act along with approval under the Roads Act 1993. The applications were re-notified on 15 and 18 February 2011 to clarify these concerns.

 

Any work that extends across the road reserve would be located upon land which is unzoned and consequently requires approval under Part V of the Environmental Planning and Assessment Act 1979 and not development consent under Part IV of the Act.

 

encroachment of wire over adjoining properties

 

The non live wiring proposed does not encroach upon any adjoining properties.

 

concern that approval will lead to proliferation of similar structures in the area

 

Any further work in relation to additional components of the Eruv would require development consent and would be considered on its merits.

 

traffic safety with respect to vehicle clearance heights

 

Council’s Development Engineer has assessed this issue. The height of the wires above private land will be not less than 4.6metres.  As stated above, any work to public land would require consideration and consent under Part 5 of the Environmental Planning and Assessment Act, along with approval under the Roads Act 1993. It is understood that any work across public land would be required to conform to the relevant standards of safety for such structures and in this regard it is noted that the applicant has consulted with Telstra, Optus and the Roads and traffic Authority.

 

concern regarding the potential effects to property values.

 

This is not a matter for consideration under section 79C of the Environmental Planning and Assessment Act 1979.

 

concerns relating to the maintenance and liability of the poles and wiring

 

The ongoing operation of the Eruv will involve weekly inspections by individuals appointed by the NSW Rabbinical Council and necessary repairs will be undertaken by authorised utility contractors.

 

Council’s website categorised the proposals as a place of worship

 

The applications have been notified in accordance with DCP 56 as “Residential Ancillary - Other development” and not as a ‘place of worship’.

 

the pole and wire proposed at 27 Catherine Street is visually dominant and will affect the visual ambience of the front yard of No. 25 Catherine Street

 

The three poles proposed will not interrupt the view to the street from the adjoining properties. The two poles nearest the street are screened by the existing trees. The third pole, which is located within the western side set back and behind the building line of the dwelling under construction, is located such that it will allow the general outlook of the street to be retained when viewed from the front verandah of property No. 25 Catherine Street. A review of DA0529/10 has shown that the pole will be located adjoining approved landscape screen planting along the western boundary of the site which should attain a height of 2.5 metres.

 

the DA shows a wire traversing the front yard of 22 Yarrabung Road and would require extensive pruning in the garden of No. 22 Yarrabung Road

 

There are no wires traversing the front of 22 Yarrabung Road. Council’s Landscape Assessment Officer has not raised concern in relation to the pruning of trees for this application. The poles and associated wire will not adversely impact upon the streetscape of the area, given the minor visibility of the structures against the landscaped setting; two of the poles are located behind the building line of the dwelling, and as such will not be readily viewed from the street. The two remaining poles, which are to be located 150mm from the front property boundary, will be partially screened by existing vegetation, and, as such will not have an adverse impact upon the streetscape.

 

the poles at 26 Marlborough Place will have a negative impact on the streetscape

 

This Development Application involves the erection of four (4) poles and wiring. 

 

The pole located 12.5 metres from the front boundary and 300mm from the eastern, side boundary is not supported as there is an existing pole located at a similar distance in the front set back. This existing pole is set back approximately 6 metres from the eastern, side, boundary at RL 135.80 and should be utilised, thereby preserving the outlook from property No. 24 Marlborough Place to the north-west.

 

The pole located 7 metres from the front boundary and set back 240mm from the western, side, boundary will be visible from the lounge room and front balcony of the property No. 28 Marlborough Place. It is recommended that a greater setback of at least 1.5 metres from the side boundary be required to allow screen planting of the pole and to maintain the amenity of the area. (Recommendation K - Conditions Nos.10A and B) The pole located in the front north-eastern, corner of the property and the pole located at the rear north-western, portion of the site are acceptable as the one nearest to the street is screened by the existing trees and the other one is located in the rear private open space of the property and will be insignificant due to its relative scale.

 

the pole at 18 Lawson Street will have a visual impact upon 21 Lawson Street

 

No. 21 Lawson Street is located diagonally opposite 18 Lawson Street. The pole proposed at 18 Lawson Street is set back 18.5 metres from the front boundary and adjoins the south-eastern corner of the existing dwelling. The base of the pole is approximately 1.5 metres below street level and the wire projecting from it will pass below the canopy of a large eucalypt located at the front south-eastern, corner of the site. Consequently, it is felt that due to the location of this pole it will not have a significant visual impact on 21 Lawson Street.

 

the pole adjacent to 27 Lynbara Avenue will have a visual impact

 

Three poles are proposed at 29 Lynbara Avenue. The two poles that adjoin the front boundary include one in the north-eastern corner and one in the south-eastern corner. These elements, in combination with the non-live wiring, will not significantly impact the streetscape of the area given the relatively minor nature of the structures and the partial screening afforded by existing trees and shrubs. However, the third pole, which is located 12.5 metres from the front boundary on the southern side of the property, should be relocated further back from the street so as to adjoin the front south-eastern corner of the existing dwelling, thereby preserving the outlook to the street from the adjoining southern property.  (Recommendation E – Condition No. 10)

 

why the Eruv is being considered as separate components and not as a whole

 

The applicant has chosen to submit 11 separate Development Applications. However, the 11 applications are being considered simultaneously as each application has common aspects and the issues raised by residents overlap.

 

View and outlook impacts on 29 Catherine Street by the poles at 27 Catherine Street

 

The three poles proposed will not interrupt the view to the street from the adjoining properties. The two poles nearest the street would be screened by the existing trees. The third pole, which is located within the western, side, set back and behind the building line of the dwelling under construction, is located such that it will allow the majority of the outlook of the street to be retained when viewed from the front verandah of the dwelling at No. 25 Catherine Street. A review of DA0529/10 has shown that the pole will be located adjoining landscape screen planting along the western boundary of the site capable of attaining a height of 2.5m.

 

the poles at 26 Marlborough Place will be intrusive upon the front outlook of 24 Marlborough Place the pole proposed in the front north-west corner will be visible from the lounge room, kitchen and front verandah of 28 Marlborough Place.

 

Four poles are proposed at 26 Marlborough Place.

 

The pole to be located 12.5 metres from the front boundary and 300mm from the east, side, boundary is not supported (Recommendation K - Condition No. 10A) as there is an existing pole located at a similar distance in the front set back. This existing pole is set back approximately 6 metres from the eastern, side, boundary at RL 135.80 and should be utilised, thereby preserving the outlook from property No. 24 Marlborough Place to the north-west.

 

The pole to be located 7 metres from the front boundary and set back 240mm from the western side boundary will be visible from the lounge room and front balcony of the property No. 28 Marlborough Place. It is recommended that a greater set back of at least 1.5 metres from the side boundary be required to allow screen planting of the pole and to maintain the amenity of the area. (Recommendation K - Condition No. 10B) The pole located in the front north-eastern, corner of the property and the pole located at the rear, north-western portion of the site are supported as the one nearest to the street is screened by the existing trees and the other one is located at the rear private open space of the property and will be insignificant due to its relative scale.

 

the poles at 7 Carcoola Road will have a negative impact on the pleasant view and streetscape from 9 Carcoola Road

 

The two poles and associated wiring will not significantly impact upon the streetscape given the relative insignificance of the structures set against the landscaped setting. One pole is to be located 13 metres from the front boundary of the site and behind the building line of the existing dwelling. The second pole is to be located in the front north-eastern, corner of the site amongst existing tall shrubs. Consequently, the proposed poles and wires would be integrated into the existing streetscape and would not interrupt views to the street from neighbouring properties.

 

these structures are for a religious purposes and do not constitute “ancillary structures”

 

The poles and wires are considered to be ancillary structures to the dwelling houses on each of the subject properties.

 

the poles and wires should be assessed in their entirety not as separate components of the Eruv

 

Each application is considered on its merits and together they comprise the Eruv. This is how the proposals have been assessed.

 

social implications on the remainder of the St. Ives and Ku-ring-gai community

 

Refer to the consideration under Public Interest below.

 

the pole located at the rear of 33 Toolang Road will be highly visible from the rear of 31 Toolang Road

 

The abovementioned pole is positioned adjacent to an existing tall conifer hedge of approximately 6 metres in height, located along the rear portion of the western site boundary of 31 Toolang Road. The pole will be screened from the neighbour’s view by the existing hedge and will not be readily visible.

 

the re-notification process was unsatisfactory

 

On 15 February 2011 the applications were renotified to make it clear that the proposals include non-live wiring between existing poles on Council’s roadway and new poles on private land. The wiring was also more clearly indicated on the plans to ensure that the extent of such wiring is evident to those being notified.

 

Due to a typographical error the abovementioned letters were amended and renotified on 18 February 2011.  The due date for submissions is clearly specified as 14 calendar days from 18 February, 2011, being 4 March 2011. It is therefore considered that the notification and re-notification was both adequate and satisfactory.

 

the applicant also proposes poles on Council land

 

The applicant has advised that additional poles may be required, however, they do not form part of the current applications. Approval would be required under the provisions of Part 5 of the Environmental Planning & Assessment Act 1979 along with approvals as necessary under the Roads Act 1993 for works on Council land.

 

WITHIN COUNCIL

 

Landscaping

 

Council’s Team Leader Landscape and Tree Assessments provided the following comments:

 

DEVELOPMENT APPLICATION NO DA0331/10 – 7 CARCOOLA ROAD, ST IVES

 

Site characteristics

 

The site slopes to the east. A large Syncarpia glomulifera (Turpentine) is located within the front set back.

 

Tree impacts

 

The front pole is located in proximity of a large Rhododendron. No major impacts on existing trees are anticipated.

 

Other issues and comments

 

The size of the concrete footing conflicts with the proposed 240mm set back from the eastern boundary.

 

Conclusion

 

Acceptable, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0332/10 – 21 CATHERINE STREET, ST IVES

 

Site characteristics

 

The site falls from Catherine Street to the south.

 

Tree impacts

 

A Pittosporum undulatum (Sweet Pittosporum)/ Tree, is located on the adjoining property (23 Catherine Street). The wire from the front pole at the north-eastern corner of the site will require a 25% reduction pruning to the upper canopy (Section 7.3.2 AS4373-2007 Pruning of amenity trees) ie reducing the height. Written permission from the owners of the above tree for proposed reduction pruning in accordance with AS 4373:2007 has been provided. Future on-going vegetation management is a matter between the applicant and the adjoining property owner.

 

There is an existing canopy tree located on the western boundary of the front set back (shown as Eucalyptus haemastoma (Scribbly Gum) on the approved landscape plan (DA0926/06) planted as tree replenishment. The proposed wire will run approx 500mm from the tree.

 

Conclusion

 

Acceptable, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0333/10 – 16 PAUL AVENUE, ST IVES

 

Site characteristics

 

The site is almost level.

 

Tree impacts

 

A Corymbia gummifera (Red Bloodwood) street tree exists to the north of existing electricity pole to be connected to proposed new pole on the south-western corner of no. 16 Paul Avenue. The wire is to be located immediately below an existing branch, requiring removal of dead branches only. 

 

The Corymbia gummifera (Red Bloodwood) Tree is a street tree of high significance. The proposed pole footing is located 2.1m from the tree and within the structural root zone.  In accordance with AS 4970-2009, root investigation by non-destructive methods is recommended to demonstrate that the tree will remain viable. An existing water meter is located between the tree and the proposed pole. Existing pipes may restrict footing location. The size of the footing has been reduced to reduce root loss.

 

The wire is to extend from the proposed pole above an existing southern branch and connect to the electricity pole across the road. The wire height needs to be adjusted to provide a suitable clearance from the branch. Arborist to supervise.

 

The wire will run within 300mm of the main trunk of the Chamaecyparis obtusa (Hinoki False Cypress) Tree. The arborist states that the tunnel pruning in upper canopy will not require pruning of the top of the tree.

 

Conclusion

 

Acceptable subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0334/10 – 62 CATHERINE STREET, ST IVES

 

Site characteristics

 

The site is almost level.

 

Tree impacts

 

A Liquidambar styraciflua (Liquidambar) Tree 26 is a street tree that is visually prominent and is of high landscape significance. The pole is located within the tree protection zone and 25% of the live canopy on the north and south-eastern side of the tree is to be removed to allow for the pole and wire.

 

Conclusion

 

Acceptable subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0335/10 – 29 LYNBARA AVENUE, ST IVES

 

Site characteristics

 

The site falls from Lynbara Avenue to the west.

 

Tree impacts

 

A Melaleuca decora (Paperbark) Tree 14a is visually prominent and of moderate landscape significance. The pole is located within the structural root zone and 30% of the live canopy on the south side of the tree is to be removed to allow for the wire. Hand digging is to be conditioned.

 

A Pittosporum eugenioides 'Variegata' (Variegated Tarata) Tree 15 is located on adjoining property. 10% pruning of the canopy is proposed. Written permission from owners has not been provided.

 

A Callistemon viminalis (Weeping Bottlebrush) Tree 16. The pole is located within the structural root zone. Hand digging is recommended. Minor pruning of one branch to allow for the pole is required.

 

Conclusion

 

Acceptable subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0336/10 – 27 CATHERINE STREET, ST IVES

 

Site characteristics

 

The site falls from Catherine Street to the east. A mature Eucalyptus haemastoma (Scribbly Gum) is located within the front setback.

 

Tree impacts

 

The Eucalyptus haemastoma (Scribbly Gum)/Tree 23 has two large branches which extend across the southern boundary of the front set back. The arborist’s report states that pruning of 5% of the canopy including no major limbs will be required.  This is considered acceptable.

 

Street tree

 

The proposed wire connects from the existing electricity pole in front of no. 25 Catherine Street to the north-western corner of no. 27 Catherine Street. The wire passes within the Tree Protection Zone of an existing street tree Corymbia gummifera (Red Bloodwood). There is no canopy beyond the trunk to the west and therefore the impact is considered acceptable.

 

Conclusion

 

Acceptable, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0337/10 – 33 TOOLANG ROAD, ST IVES

 

Site characteristics

 

The site falls steeply from Toolang Road to the north.

 

Tree impacts

 

The Allocasuarina cunninghamiana (River Sheoak) Tree 4 is in good condition. The proposed pole is located approximately 2.3m from the tree within the tree protection zone. A third order branch (80mm diameter) is proposed to be pruned to the branch collar.

 

The Banksia serrata (Old Man Banksia) Tree 5 has a first order branch which is proposed to be pruned to the branch collar for the wire.

 

A Callistemon viminalis (Weeping Bottlebrush) Tree 6 will require pruning of the north-western side of the tree for the wire (approximately 20% of the canopy).

 

Harpullia pendula (Tulipwood) Tree 7/ 8H, 6S – crown lift to 6m (approx 10% of the canopy)

 

The Cupressocyparis x leylandii (Leyland Cypress) Tree 8 is located in the adjoining property.  The proposed pole is located within the tree protection zone of trees. Proposed pruning of the western canopy of the five (5) southern trees. Written permission for the pruning provided by owner.

 

Conclusion

 

Acceptable, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0337/10 – 3 OVENS PLACE, ST IVES

 

Site characteristics

 

The site rises from Ovens Place to the south.

 

Tree impacts

 

The Pistacia chinensis (Pistacia) Tree 2 is in good condition. Height reduction pruning is proposed for the wire (approximately 30% of the canopy).

The Gleditsia triacanthos (Honey Locust) Tree 3 is in good condition. Height reduction pruning is proposed for the wire (approximately 30% of the canopy).

 

Conclusion

 

Acceptable, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0339/10 – 20 YARRABUNG ROAD, ST IVES

 

Site characteristics

 

The site falls from Yarrabung Road to the east.

 

Tree impacts

 

The Cupressus sp (Cypress) Tree 17 is in good condition and provides screening amenity to the neighbours and is of moderate landscape significance. The wire is to pass to the north of the tree trunk.  This tree is proposed to be removed in the arborist’s report to allow for the wire. The statement of environmental effects notes that ‘rather than removing the Monterey Cypress tree that a condition of consent should be provided that requires the wiring to be threaded through the tree canopy.’ This will be conditioned.

 

The Angophora costata (Sydney Red Gum) Tree 21, is a street tree. No pruning of the canopy is proposed. A pole is located within the tree protection zone of this tree and the adjacent Eucalyptus pilularis (Blackbutt).

 

The Acacia sp (Wattle) Tree 20 is located on the adjoining property. The pole is located within the structural root zone. Hand digging is recommended and the footing reduced. Approximately 30% of the total live foliage is required to allow for the pole and wire. Written permission from owners has not been submitted.

 

Conclusion

 

Acceptable, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0340/10 – 18 LAWSON PARADE, ST IVES

 

Site characteristics

 

The site falls from Lawson to the west.

 

Tree impacts

 

A Eucalyptus saligna (Sydney Blue Gum) Tree 31 is in good condition. The wire is to pass within 300mm to the north of the tree trunk.  The arborist recommends that the wire be attached to the eastern side of the existing electrical pole to maximise clearance from the trunk of Tree 31. This should be verified and detail of the wire connection to the electricity pole is to be provided to determine proximity of wire to trunk of tree. The proposed sag of the wire across the large span and proximity to the trunk, and the likelihood of mechanical damage to this visually and ecologically significant tree should be considered. It is recommended that the wire be protected with a hose or similar to reduce impact on the tree. To be conditioned.

 

Street trees

 

A Pittosporum undulatum (Sweet Pittosporum) Tree 32 requires reduction pruning by approximately 10% and this is considered acceptable.

An Acer buegeranum (Trident Maple) Tree 33 requires reduction pruning of approximately 10% and this is considered acceptable

 

Conclusion

 

Acceptable, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0341/10 – 26 MARLBOROUGH PLACE, ST IVES

 

Site characteristics

 

The site rises steeply from Marlborough Place to the south.

 

Tree impacts

 

A Glochidion ferdinandi (Cheese tree)/ Tree 9.  The pole is located within the structural root zone and 20% of the live canopy on southern side of the tree is to be removed to allow for wire. Hand digging and reduced footings is recommended.

 

A Cedrus deodara (Himalayan Cedar)/ Tree 10 – reduction pruning to 6m is proposed for the wire (approximately 5% of the canopy).

 

A Pittosporum undulatum (Sweet Pittosporum)/ not identified on plans, located on the adjoining property. The pole is located within the structural root zone. Hand digging and reduced footings is recommended.

 

An Angophora costata (Sydney Red Gum)/ Tree 11 located on the adjoining property. The wire traverses within the canopy spread of the tree. No pruning proposed.

 

A Pinus patula (Mexican Pine)/ Tree 13. Reduction pruning to 6m is proposed for wire (approximately 5% of the canopy).

 

A Jacaranda mimosifolia (Jacaranda)/ Tree 14. Reduction pruning to 6m is proposed for wire (approximately 2% of the canopy).

 

Other issues and comments

 

Street tree

 

The proposed connection to the electricity pole traverses in front of the adjoining property.

 

Conclusion

 

Acceptable, subject to conditions.

 

Engineering

 

Council’s Team Leader Engineering, examined each of the 11 applications that make up the proposal.

 

The Team Leader Engineering did not have any objections to the proposed works, subject to the imposition of standard conditions:

 

OUTSIDE COUNCIL

 

NSW Rural Fire Service: (s.79BA of the EPAA 1979)

 

In accordance with the provisions of section 79BA of the Environmental Planning and Assessment Act 1979, Council has consulted with the Commissioner of the NSW Rural Fire Service, concerning measures to be taken with respect to the protection of persons, property and the environment from danger that may arise from a bush fire. The comments provided by the Rural Fire Service are as follows:

 

“The Service has reviewed the plans and documents received for the proposal and subsequently raises no concerns or issues in relation to bush fire.”

 

The NSW Rural Fire Service has raised no objection to the proposed erection of poles and wiring in bushfire prone areas.  The proposals are therefore satisfactory with respect to the requirements of s.79BA of the Environmental Planning and Assessment Act 1979.

 

 

 

Statutory Provisions

 

State Environmental Planning Policies

 

State Environmental Planning Policy No. 55 - Remediation of Land

 

The provisions of SEPP 55 require consideration of the potential for the site to be contaminated. The land subject to the Development Applications has a history of residential use and, as such, it is unlikely to contain any contamination and further investigation is not warranted in this case

 

State Environmental Planning Policy (Sydney Harbour Catchment) 2005

 

Matters for consideration include biodiversity, ecology and environmental protection, public access to and scenic qualities of foreshores and waterways, maintenance of views, control of boat facilities and maintenance of a working harbour. The proposals are not in close proximity to or within views of the waterway or wetland and is considered satisfactory.

 

Sydney Regional Planning Policy 20 (Hawkesbury-Nepean river)

 

This Policy relates to the management of biodiversity, stormwater quality and foreshore visual amenity of the Hawkesbury-Nepean river catchment.  The sites to which the proposals relate are not in close proximity to or within views of the waterway or wetland and is considered satisfactory with regard to the aims and objectives of the SREP.

 

Ku-ring-gai Planning Scheme Ordinance (KPSO)

 

Part A: Permissibility

 

The Development Applications involve works at eleven (11) separate residential properties.  The subject properties are all zoned Residential 2(c) under Clause 23 of the Ku-ring-gai Planning Scheme Ordinance.

 

Residential 2(c) – Low density residential

 

The erection of poles and non live wiring on private residential land is considered to constitute “ancillary residential development” and, as such, is permissible with consent in the Residential 2(c) zone.

 

It is also noted, that views have been expressed that the proposed use of an Eruv, could constitute a ‘place of public worship’.  The proposed works do not constitute a confined space or structure, within which congregation or worship would occur at any specific or focused point within the suburb.  Notwithstanding, were the proposed works to constitute a place of public worship, this would also be permissible in the Residential 2(c) zone.

 

Clause 33(a) - Aesthetic appearance

 

Clause 33 (a) of the KPSO requires consideration of the probable aesthetic appearance of works when used for the proposed purpose and viewed from such land, being zoned 6(b).

 

The proposed poles and non live wires to a height of 6 metres located at the front of properties 21 Catherine Street, 27 Catherine Street and 20 Yarrabung Road, St Ives adjoin at their rear, 16a Yarrabung Road which is zoned 6(a). The proposed poles and non live wires at the front of properties 16 Paul Avenue and 29 Lynbara Avenue adjoin reserves at their rear.  The visual impacts of the structures in these locations are considered satisfactory having regard to aesthetic appearance provisions of Clause 33(a).

 

Part B: Development standards

 

There are no development standards applicable to the proposed development.

 

Part C: Residential zone objectives:

 

Schedule 9 of the Ku-ring-gai Planning Scheme Ordinance outlines the following relevant aims and objectives in relation to land zoned 2(c):-

 

(a)     to maintain and, where appropriate, improve the existing amenity and environmental character of residential zones; and

 

(b)     to permit new residential development only where it is compatible with the existing environmental character of the locality and has a sympathetic and harmonious relationship with adjoining development.

 

2.       The relevant objectives of this Ordinance in relation to land within Zoned 2(c) are as follows: –

 

(c)     any building or development work shall maintain or encourage replacement of tree cover whenever possible to ensure the predominant landscape quality of the Municipality is maintained and enhanced; and……

 

(f)      in areas where one period, style or genre of architecture predominates, the new dwelling-house reflects either that style or the main stylistic features such as roof pitch, materials, proportions, set backs, etc. and additions to existing dwelling-houses reflect the style of and continue the main stylistic features of the existing structure;

 

The proposed structures and non live wiring are largely inconspicuous against the landscaped residential settings of the subject and adjoining sites. The poles are dark green in colour, with a diameter of approximately 80-100mm. The non live wiring will either be steel or black in colour with a thickness of approximately 10mm. Many of the poles when viewed from the street are located behind or aside existing vegetation. In addition, many of the poles are located either in line with or behind the front building set back of the properties. Accordingly, it is considered that the proposed structures do not undermine the abovementioned aims and objectives. The issue of visual impact is also addressed specific to each property later in this report.

 

Development Control Plan No. 38 - Ku-ring-gai Residential Design Manual

 

The proposals are considered against the relevant provisions of Development Control Plan No. 38 as follows:

 

Part 4.1 - Streetscape:

 

The DCP incorporates aims and objectives for the visual character of residential land, with particular reference to the Visual Character Study and the predominance of vegetation within a suburban residential setting. 

 

In respect of all residential areas incorporated in the Residential 2(a) 2(b) & 2(c) zones, new development should achieve the following objectives for visual character:

 

Visual Character (s4.1.1)

 

Development should conserve and enhance the visual character of the street, with particular reference to the integrating of:

 

·       architectural themes

·       building scale and set backs

·       landscape themes and

·       fencing styles

 

The Visual Character Study should be used to determine the components of visual character in a particular area. The prominent characteristics of the neighbourhood should then be identified and considered as part of the site analysis.

 

The visual character or streetscape character is created by many features including: lot sizes, fencing, kerbs, set backs, spatial separation, access arrangements, street tree planting, tall tree canopy backdrop to the horizon, native vegetation and private gardens, as well the architecture of individual residences and buildings.

 

A key element in maintaining visual character is the degree of visibility of on-site development when viewed from the street, public reserves and adjacent properties.

 

4.1.2 Public Domain and Communal Spaces

 

Development should provide a positive contribution to the public domain and all areas shared by the community.

 

The majority of residential areas within St Ives are identified as being within an area that is characterised by development and landscape patterns common between 1945 and 1968 as well as areas post 1968. 

 

The impacts of the proposed works on the residential character of the surrounding areas is considered below, against the abovementioned controls and also the following key considerations;

 

·    the visual impact of the structures on the residential character of surrounding areas

·    the impact on views from residential properties and

·    impacts on trees.

 

DEVELOPMENT APPLICATION NO DA0331/10 – 7 CARCOOLA ROAD, ST IVES

 

The proposal involves the erection of two poles and non live wiring.

 

The first pole is located 13 metres from the front boundary of the site and behind the building line of the existing dwelling.

 

The second pole is to be located in the front, north-eastern, corner of the site amongst existing tall shrubs.

 

1.     The visual impact on the residential character of the locality

 

The first pole behind the building line is largely inconspicuous when viewed from either the front adjoining road reserve or roadway, particularly noting that it is located approximately in line with the existing dwelling and outside of the front setback.

 

The second pole is more apparent from the adjoining locations, however, the degree of visibility of this pole is diminished when viewed from locations beyond the adjoining sites, particularly against the landscaped residential setting of Carcoola Road. The pole does not undermine the prominent attributes of the street and neighbouring properties.

 

2.     The impact on views from residential properties

 

The general outlook and street views currently available from adjoining and surrounding properties will be largely unaffected by the proposed poles.

 

The second pole located at the front, north-eastern, corner is unassuming when viewed against the current landscaped setting and the pole located behind the building line sits aside an existing dwelling.

 

3.     Impacts on trees

 

Council’s Landscape Services are satisfied that there will be no impact on any existing trees, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0332/10 – 21 CATHERINE STREET, ST IVES

 

The proposal involves the erection of two poles and non live wiring.

 

The first pole is set back 10 metres from the front, northern site boundary and 0.24 metres from the eastern boundary.

 

The second pole is set back 0.5 metres from the front, northern, boundary and 2.8 metres from the eastern boundary. 

 

1.     The visual impact on the residential character of the locality

 

Non-live wiring will connect the poles located within the private land.

 

These poles when viewed from adjoining vantage points on the road reserve or roadway are indistinct against the landscaped residential setting of Catherine Street and are unnoticeable when viewed from locations beyond the adjoining sites. The poles and non live wiring do not undermine the prominent attributes of the street and neighbouring properties.

 

 

2.     The impact on views from residential properties

 

The proposed poles will not significantly affect the general outlook and street views currently enjoyed from adjoining and surrounding properties. One pole is set back 0.24 metres from the western boundary and 10 metres from the northern, front, boundary. The base of this pole will be located approximately 2 metres below the level of the road reserve and adjacent to the front, north-western, corner of the existing dwelling. Whilst this pole will be visible from the front verandah of No. 19 Catherine Street, its impact in terms of the interruption of views to the street is insignificant due to its placement due east of the verandah at No. 19 Catherine Street.

 

The second pole is to be located in the north-eastern, front, corner of 21 Catherine Street and would be screened by the existing trees located adjacent to the north and to the east of the pole. Consequently, the impact on views is considered minor and satisfactory.

 

3.     Impacts on trees

 

Council’s Landscape Services are satisfied that there would be no impacts on any trees, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0333/10 – 16 PAUL AVENUE, ST IVES

 

The proposal involves the erection of two poles and non live wiring.

 

The first pole is to be set back 16 metres from the front, western, boundary and 0.15 metres from the southern boundary.

 

The second pole is to be set back 0.15 metres from the front, western, site boundary and 0.2 metres from the southern, side, boundary.

 

Non-live wiring will connect the poles located on private land.

 

1.     The visual impact on the residential character of the locality

 

The first pole, located behind the south-west front corner of the existing building, would be behind the building line of the dwelling. The second pole would be largely hidden by virtue of its location amongst existing vegetation. These poles and non-live wiring do not undermine the prominent streetscape attributes observed in the locality.

 

2.     The impact on views from residential properties

 

The proposed poles will not interrupt the general outlook and street views currently enjoyed from adjoining and surrounding properties. One of the poles is located behind the south-west (front) corner of the existing dwelling at the subject site. Whilst the other is amongst a clump of at least four trees that will effectively screen it from surrounding properties.

 

3.     Impacts on trees

 

Subject to conditions, Council’s Landscape Services are satisfied that the proposal will not impact on any trees.

 

DEVELOPMENT APPLICATION NO DA0334/10 – 62 CATHERINE STREET, ST IVES

 

The proposal involves the erection of two poles and non live wiring.

 

The first pole would be set back 12.2 metres from the front, southern, boundary and 0.15 metres from the eastern boundary.

 

The second pole is to be set back 0.3 metres from the front, southern, boundary and 0.15 metres from the eastern boundary.

 

Non-live wiring will connect the poles located on private land.

 

1.     The visual impact on the residential character of the locality

 

These poles are to be set against the existing vegetation on the subject and adjoining sites and would be unobtrusive when considered against the broader landscape.

 

They therefore would not undermine the predominant attributes of the street and neighbouring properties.

 

2.     The impact on views from residential properties

 

The two poles will not significantly interrupt the views to the street from the adjoining or adjacent properties .The pole located at the building line on the eastern side of the existing dwelling has a substantial Camphor Laurel tree adjoining its western side and the pole located in the front, south-eastern, corner of the site adjoins a large Liquid Amber tree to its south. Consequently, the poles would be inconspicuous when viewed against the existing outlook and street view enjoyed by neighbouring properties.

 

3.     Impacts on trees

 

Whilst partial canopy pruning of the Liquid Amber is required, Council’s Landscape Services do not object to the proposal, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0335/10 – 29 LYNBARA AVENUE, ST IVES

 

The proposal involves the erection of three poles and non live wiring.

 

The first pole will be set back 12.3 metres from the front, eastern, boundary and 0.24 metres from the southern, side boundary.

 

The second pole is to be set back 0.3 metres from the front, eastern, boundary and 0.24 metres from the southern, boundary.

 

The third pole is proposed to be set back 0.10 metres from the front, eastern, boundary and 0.4 metres from the northern, side, boundary.

 

Non-live wiring will connect the poles located on private land.

 

 

1.     The visual impact on the residential character of the locality

 

The second and third poles which adjoin the front boundary will not significantly impact upon the streetscape of the area given the landscaped character of the site. However, the first pole, which is located 12.3 metres from the front boundary on the southern side of the property, should be relocated further back from the street so as to adjoin the front south-east corner of the existing dwelling, thereby preserving the outlook to the street from the adjoining property to the south, No 31 Lynbara Avenue.  (Recommendation E - Condition No. 10)

 

2.     The impact on views from residential properties

 

Poles 2 and 3, proposed close to the street, would be screened by existing trees and tall shrubs and, as such, will not interrupt views to the street from the adjoining properties. Pole 1 should be relocated to adjoin the south east corner of the dwelling to maintain the outlook to the street. (Recommendation E - Condition No. 10)

 

3.     Impacts on trees

 

Whilst the works will require minor pruning of some trees, Council’s Landscape Services have no objections, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0336/10 – 27 CATHERINE STREET, ST IVES

 

The proposal involves the erection of three poles and non live wiring.

 

The first pole would be set back 12.5 metres from the front, northern, boundary and 0.15 metres from the western boundary.

 

The second pole is to be set back 0.10 metres from the front, northern, boundary and 0.5 metres from the western boundary.

 

The third pole is to be set back 0.45 metres from the front, northern, boundary and 0.15 metres from the eastern, side, boundary.

 

Non-live wiring will connect the poles located on private land.

 

1.     The visual impact on the residential character of the locality

 

When viewed in the broader context of Catherine Street, the poles are considered largely indistinct particularly given the heavily landscaped residential nature of the street. The poles and wiring when viewed from closer vantage points will be more apparent, however, will not undermine the prominent attributes of the street and neighbouring properties.

 

2.     The impact on views from residential properties

 

The three poles will not interrupt the view to the street from the adjoining properties. The second and third poles nearest the street are to be screened by the existing trees. The first pole, which is located within the western side set back and behind the building line of the dwelling under construction, is located such that it will maintain the general outlook of the street when viewed from the front verandah of property No. 25 Catherine Street. A review of DA0529/10 has shown that the pole will be located within the approved landscape screen planting along the western boundary of the site.

 

3.     Impacts on trees

 

Council’s Landscape Services are satisfied that there would be no impacts on trees, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0337/10 – 33 TOOLANG ROAD, ST IVES

 

The proposal involves the erection of three poles and non live wiring.

 

The first pole would be set back 37 metres from the front, southern, boundary and 0.24 metres from the eastern boundary.

 

The second pole is to be located 0.6 metres from the front, southern, boundary and 5.0 metres from the eastern boundary.

 

The third pole is to be located 1.2 metres from the front, southern, boundary and set back 0.8 metres from the western boundary.

 

Non-live wiring will connect the poles on private land.

 

1.     The visual impact on the residential character of the locality

 

When viewed in the broader context of Toolang Road, the poles are considered largely indistinct particularly given the landscaped residential nature of the street. The poles and wiring when viewed from closer vantage points will be more apparent, however, will not undermine the prominent attributes of the street and neighbouring.

 

2.     The impact on views from residential properties

 

The first pole is located well behind the building line of the existing dwelling and will not interrupt the views of neighbours. The third pole is located directly in front of an existing substantial tree and adjoins two adjoining private power poles located adjacent to the front boundary of the adjoining battle-axe access handle. The second pole is located approximately 2 metres below the level of the road and adjoins an existing tree. Consequently, the location of the poles and non-live wiring will be indiscernible against this background.

 

3.     Impacts on trees

 

Council’s Landscape Services are satisfied that no trees will be adversely affected.

 

DEVELOPMENT APPLICATION NO DA0338/10 – 3 OVENS PLACE, ST IVES

 

Only one pole is proposed and is to be set back 15 metres from the front boundary and 0.15 metres from the eastern, side, boundary.

 

Non-live wiring will connect the pole on private land.

 

1.     The visual impact on the residential character of the locality

 

The proposed pole is located behind the building line and set back 15 metres from the front boundary. Consequently, the pole will have an insignificant impact upon the prevailing attributes of the street and neighbouring properties.

 

2.     The impact on views from residential properties

 

The proposed pole is to be located behind the building line and set back 15 metres from the front boundary. The wire from the new pole to the existing street power pole will pass through and over existing tall shrubs and trees. Consequently, the pole will be insignificant in terms of impact upon any views available to adjoining properties.

 

3.     Impacts on trees

 

Council’s Landscape Services are satisfied that there would be no adverse impacts on any trees, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0339/10 – 20 YARRABUNG ROAD, ST IVES

 

The proposal involves the erection of four poles and non live wiring.

 

The first pole would be set back 0.24 metres from the southern, side, boundary and 15 metres from the front, western, boundary.

 

The second pole would be set back 0.15 metres from the front, western, boundary.

 

The third pole is to be located 0.15 metres from the front, western, boundary and 0.3 metres from the side, northern, boundary.

 

The fourth pole is to be located 0.24 metres from the northern, side, boundary and 19 metres from the front, western, boundary.

 

Non-live wiring will connect the poles on private land.

 

1.     The visual impact on the residential character of the locality

 

The first and fourth poles are located behind the building line of the dwelling and, as such, will not be readily apparent from the street. The second and third poles are to be located 0.15 metres from the front boundary and will be partially screened by existing vegetation and, as such will have no material impact upon the streetscape character.

 

2.     The impact on views from residential properties

 

The proposed poles will not interrupt the views to the street from the adjoining properties. The two poles located furthest from the street are located well behind the building line whilst the two poles located 0.15 metres from the front boundary will be screened or obscured by existing trees and shrubs.

 

 

3.     Impacts on trees

 

Council’s Landscape Services are satisfied that no trees will be adversely impacted, subject to conditions.

 

DEVELOPMENT APPLICATION NO DA0340/10 – 18 LAWSON PARADE, ST IVES

 

The proposal involves the erection of one pole and non live wiring.

 

The pole would be set back 0.24 metres from the eastern, side, boundary and 18.5 metres from the front, southern, boundary.

 

Non-live wiring will connect the pole on private land.

 

1.     The visual impact on the residential character of the locality

 

The proposed pole is to be located behind the building line and set back 18.5 metres from the front boundary. Consequently, the pole will not impact upon the prevailing attributes of the street and neighbouring properties.

 

2.     The impact on views from residential properties

 

The proposed pole is to be located 18.5 metres from the front property boundary and behind the building line of the existing dwelling. The wire from the new pole will pass under the canopy of an existing significant eucalypt tree located at the front south-eastern corner of the site. The location of the pole and the associated wire will not interrupt the view of the street from the adjoining neighbour’s properties.

 

3.     Impacts on trees

 

Council’s Landscape Services are satisfied that there will be no impact on the existing eucalypt.

 

DEVELOPMENT APPLICATION NO DA0341/10 – 26 MARLBOROUGH PLACE, ST IVES

 

The proposal involves the erection of four poles and non-live wiring.

 

The first pole would be set back 0.24 metres from the western, side, boundary and 7 metres from the front, northern, boundary.

 

The second pole is to be set back 10.5 metres from the western, side, boundary and 4.9 metres from the rear, southern, boundary.

 

The third pole is to be set back 1.5 metres from the eastern boundary and 1.5 metres from the front, northern, boundary.

 

The fourth pole is to be located 0.3 metres from the eastern, side, boundary and 12.25 metres from the front, northern, boundary.

 

Non-live wiring will connect the poles on private land.

 

1.     The visual impact on the residential character of the locality

 

The fourth pole, located 12.5 metres from the front boundary and 0.3 metres from the eastern, side, boundary is not supported as the existing pole, located at a similar front setback, should be utilised. (Recommendation K – Condition 10A) The existing pole set back approximately 6 metres from the eastern side boundary at RL 135.80 and would preserve the existing outlook from No. 24 Marlborough Place to the north-west. The first pole, located 7 metres from the front boundary and set back 0.24 metres from the western, side, boundary, will be visible from the lounge room and front balcony of property No. 28 Marlborough Place and should have an increased setback of at least 1.5 metres from the side boundary to allow screen planting of the pole and to maintain the amenity of the area. (Recommendation K - Condition 10B) The third pole, located in the front north-eastern corner of the property, and the second pole, located at the rear north-western portion of the site, are acceptable as the one nearest to the street is screened by the existing trees and the other is located in the rear private open space of the property and will be insignificant due to its relative scale. Consequently, the poles and associated wire will not significantly impact upon the streetscape of the area subject to the abovementioned amendments.

 

2.     The impact on views from residential properties

 

As mentioned above, the pole located 12.5 metres from the front boundary and set back 0.3 metres from the eastern, side, boundary should be deleted as an adjoining existing pole can be used which will alleviate any issue in relation to loss of view from property No. 24 Marlborough Place. The pole located 7 metres from the front boundary and set back 0.24 metres from the western, side, boundary will be visible from the lounge room and front balcony of property No. 28 Marlborough Place and, whilst it is recommended that the pole should have a greater setback from the side boundary and screen planting provided, the views from No. 28 Marlborough place will not be significantly affected. The pole located in the front, north-eastern, corner of the site would be screened by trees and would not interrupt views from 24 Marlborough Place. The pole located in the rear private open space area of the subject site is well behind the building line and will not interrupt views to the street from the adjoining properties.

 

3.     Impacts on trees

 

Council’s Landscape Services are satisfied that, subject to conditions, there would be no adverse impacts on any trees.

 

Development Control Plan 40 – Construction and Demolition Waste Management

 

Matters for assessment under DCP 40 have been taken into account in the assessment of this application.

 

Likely Impacts

 

Numerous objectors have questioned the overall concept of an Eruv on the basis of it allegedly representing an unreasonable public display of religion, visual intrusion and an adverse change to the character and amenity of the area.

 

Some considerations of amenity are practical and tangible such as traffic generation, noise, nuisance, appearance and even the way of life of the neighbourhood. Other considerations are more difficult to appreciate such as the standard or class of a neighbourhood and the reasonable expectations of a neighbourhood. In particular, knowing the use to which a particular site is or may be put by a particular user group may affect one’s perception of amenity. In this regard, a number of submissions relate more to the identity and cultural differences of the Orthodox Jewish community rather than relating to the physical works upon the subject sites.

 

While it would appear that a number of objectors are offended by the proposed development and its foundation in a specific religion, the objections must be objectively considered in view of the proposals that have been sought. The applications relate to the construction of poles and non live wiring. It is important to note that the use of the area within the proposed structures in the manner that has been outlined by the applicant does not require development consent and is not part of the applications under consideration.

 

The erection of the structures will not lead to public religious services being carried out in the streets but will simply permit the members of the Orthodox Jewish community the opportunity to carry objects and push prams etc. in the street during the Sabbath which they would not otherwise be permitted to do.

 

The structures designating the area of the Eruv are largely inconspicuous against the landscaped residential settings of the subject and adjoining sites. Further, given the anonymous appearance of the proposed structures, the issues raised by objectors in relation to the use of this area could not be considered to be something that would warrant refusal of the Development Applications on town planning grounds.

 

There is no evidence to suggest that the amenity and character of the locality would be detrimentally affected by the structures proposed in these development applications.

 

Public Interest

 

The Eruv is not a purpose for which development consent is required.

 

The proposed poles and wiring are simple structures that are permissible with development consent. The structures will have only minor impacts that are considered to be acceptable, subject to conditions. Accordingly, the proposals are not considered to be contrary to public interest.

 

ANY SUBMISSIONS

 

All submissions have been addressed. 

 

Conclusion

 

Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the Development Applications are considered to be satisfactory. Therefore, it is recommended that the Development Applications be approved, subject to conditions.

 

Recommendation:

 

A.     THAT the Ku-ring-gai Council, as the consent authority, grant development consent to Development Application No. DA0331/10 involving the erection of two poles and installation of non-live wiring at 7 Carcoola Road St Ives, 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

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

7 Carcoola. Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

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

 

4.     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.

 

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.     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.

 

8.     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.

 

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

 

9.     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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

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

 

10.   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.

 

Conditions to be satisfied at all times:

 

11.   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.

 

12.   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.

 

13.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

14.   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.

 

 

 

15.   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.

 

16.   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.

 

17.   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.

 

18.   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.

 

19.   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.

 

20.   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.

 

B.     THAT the Ku-ring-gai Council, as the consent authority, grant consent to Development Application No. DA0332/10 involving the erection of two poles and installation of non-live wiring at 21 Catherine Street, St Ives 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

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

21 Catherine Street. Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

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

 

4.     Notice of commencement

 

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

 

Reason:         Statutory requirement.

 

5.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

6.     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.

 

 

7.     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.

 

8.     Notice of commencement

 

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

 

Reason:        Statutory requirement.

 

9.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

10.   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.

 

11.   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.

 

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

 

12.   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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

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

 

13.   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.

 

Conditions to be satisfied at all times:

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   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.

 

18.   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.

 

 

19.   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.

 

20.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

21.   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.

 

22.   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.

 

23.   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.

 

24.   Canopy pruning - arborist supervision

 

All canopy pruning for the installation of the wires or poles shall be with the intent to minimise canopy loss and be carried out under the supervision of a suitably qualified arborist (AQF3).  All wires should be thread through the canopy and tensioned to the appropriate height prior to commencement of pruning. Pruning to allow maximum 300mm clearance from vegetation shall be carried out following installation of wire under the supervision of a suitably qualified arborist (AQF3) in accordance with Australian Standard 4373-2007 – Pruning of Amenity Trees

 

Reason:         To ensure protection of existing trees.

 

25.   Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site. Tree numbers shall be in accordance with Arborist Report prepared by Tree Wise Men, dated 11/12/09.

 

Schedule

Tree/Location

Approved tree works

Pittosporum undulatum (Sweet Pittosporum)/ Tree 22

Canopy pruning as per written permission dated
9 November 2010

 

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.

 

C.     THAT the Ku-ring-gai Council, as the consent authority, grant development consent to Development Application No. DA0333/10 involving the erection of two poles and installation of non-live wiring at 16 Paul Avenue, St Ives 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

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

16 Paul Avenue Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

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

 

4.     Notice of commencement

 

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

 

Reason:         Statutory requirement.

 

5.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

6.     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.

 

7.     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.

 

8.     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.

 

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

 

9.     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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

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

 

10.   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.

 

Conditions to be satisfied at all times:

 

11.   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.

 

12.   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.

 

13.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   Canopy pruning - arborist supervision

 

All canopy pruning for the installation of the wires or poles shall be with the intent to minimise canopy loss and be carried out under the supervision of a suitably qualified arborist (AQF3).  All wires should be thread through the canopy and tensioned to the appropriate height prior to commencement of pruning. Pruning to allow maximum 300mm clearance from vegetation shall be carried out following installation of wire under the supervision of a suitably qualified arborist (AQF3) in accordance with Australian Standard 4373-2007 – Pruning of Amenity Trees

 

Reason:         To ensure protection of existing trees.

 

18.   Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site. Tree numbers shall be in accordance with Arborist Report prepared by Tree Wise Men, dated 11/12/09.

 

Schedule

Tree/Location

Approved tree works

Corymbia gummifera (Red Bloodwood) Tree 29

Pruning of lowest dead branch (100mm diam) as per arborist report dated November 2010

Chamaecyparis obtusa (Hinoki False Cypress) Tree 30

Canopy pruning as per arborist report dated November 2010

 

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.

 

19.   Hand excavation

 

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

 

 

 

Schedule

Tree/Location

Radius from trunk

Corymbia gummifera (Red Bloodwood) Tree 29

6m

 

Reason:         To protect existing trees.

 

20.   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.

 

21.   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.

 

22.   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.

 

23.   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.

 

D.     THAT the Ku-ring-gai Council, as the consent authority, grant development consent to Development Application No. DA0334/10 involving the erection of two poles and installation of non-live wiring at 62 Catherine Street, St Ives 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

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

62 Catherine. Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:      To ensure compliance with the development consent.

 

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

 

4.     Notice of commencement

 

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

 

Reason:         Statutory requirement.

 

5.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

6.     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.

 

7.     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.

 

8.     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.

 

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

 

9.     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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

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

 

10.   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.

 

Conditions to be satisfied at all times:

 

11.   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.

 

12.   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.

 

13.   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.

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

18.   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.

 

19.   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.

 

20.   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.

 

21.   Canopy pruning - arborist supervision

 

All canopy pruning for the installation of the wires or poles shall be with the intent to minimise canopy loss and be carried out under the supervision of a suitably qualified arborist (AQF3). All wires should be thread through the canopy and tensioned to the appropriate height prior to commencement of pruning. Pruning to allow maximum 300mm clearance from vegetation shall be carried out following installation of wire under the supervision of a suitably qualified arborist (AQF3) in accordance with Australian Standard 4373-2007 – Pruning of Amenity Trees

 

Reason:         To ensure protection of existing trees.

 

22.   Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site. Tree numbers shall be in accordance with Arborist Report prepared by Tree Wise Men, dated 11/12/09.

 

Schedule

Tree/Location

Approved tree works

Liquidambar styraciflua (Liquidambar) Tree 26

Minor canopy pruning in accordance with other conditions

 

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.

 

23.   Hand excavation

 

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

 

Schedule

Tree/Location

Radius from trunk

Liquidambar styraciflua (Liquidambar) Tree 26

9.6m

 

Reason:         To protect existing trees.

 

E.     THAT the Ku-ring-gai Council, as the consent authority, grant development consent to Development Application No. DA0335/10 involving the erection of two poles and installation of non-live wiring at 29 Lynbara Avenue, St Ives 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

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

29 Lynbara. Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

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

 

4.     Notice of commencement

 

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

 

Reason:         Statutory requirement.

 

5.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

6.     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.

 

7.     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.

 

8.     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.

 

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

 

9.     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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

10.   Pole relocation

 

The pole proposed to be located 12.5 metres from the front boundary on the southern side of the property shall be relocated further back from the street so as to adjoin the front south-eastern corner of the existing dwelling and be set back 240mm from the southern, boundary. Details are to be included in the plans submitted with the Construction Certificate application.

 

Reason:       To preserve the outlook to the street from the adjoining property to the south. 

 

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

 

11.   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.

 

Conditions to be satisfied at all times:

 

12.   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.

 

13.   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.

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   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.

 

18.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

19.   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.

 

20.   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.

 

21.   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.

 

22.   Canopy pruning - arborist supervision

 

All canopy pruning for the installation of the wires or poles shall be with the intent to minimise canopy loss and be carried out under the supervision of a suitably qualified arborist (AQF3).  All wires should be thread through the canopy and tensioned to the appropriate height prior to commencement of pruning. Pruning to allow maximum 300mm clearance from vegetation shall be carried out following installation of wire under the supervision of a suitably qualified arborist (AQF3) in accordance with Australian Standard 4373-2007 – Pruning of Amenity Trees

 

Reason:         To ensure protection of existing trees.

 

23.   Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site. Tree numbers shall be in accordance with Arborist Report prepared by Tree Wise Men, dated 11/12/09.

 

Schedule

Tree/Location

Approved tree works

Melaleuca decora (Paperbark) Tree 14a

Minor canopy pruning in accordance with conditions

Callistemon viminalis (Weeping Bottlebrush) Tree 16

Minor canopy pruning of one branch to allow for pole

 

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.

 

24.   Hand excavation

 

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

 

Schedule

Tree/Location

Radius from trunk

Melaleuca decora (Paperbark) Tree 14a

4.8m

Callistemon viminalis (Weeping Bottlebrush) Tree 16

3.6m

 

Reason:         To protect existing trees.

 

F.     THAT the Ku-ring-gai Council, as the consent authority, grant development consent to Development Application No. DA0336/10 involving the erection of three poles and installation of non-live wiring at 27 Catherine Street, St Ives 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

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

27 Catherine. Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

3.  No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

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

 

4.     Notice of commencement

 

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

 

Reason:        Statutory requirement.

 

5.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

6.     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.

 

7.     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.

 

8.     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.

 

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

 

9.     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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

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

 

10.   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.

 

Conditions to be satisfied at all times:

 

11.   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.

 

12.   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.

 

13.   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.

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

18.   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.

 

19.   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.

 

20.   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.

 

21.   Canopy pruning - arborist supervision

 

All canopy pruning for the installation of the wires or poles shall be with the intent to minimise canopy loss and be carried out under the supervision of a suitably qualified arborist (AQF3).  All wires should be thread through the canopy and tensioned to the appropriate height prior to commencement of pruning. Pruning to allow maximum 300mm clearance from vegetation shall be carried out following installation of wire under the supervision of a suitably qualified arborist (AQF3) in accordance with Australian Standard 4373-2007 – Pruning of Amenity Trees

 

Reason:         To ensure protection of existing trees.

 

22.   Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site. Tree numbers shall be in accordance with Arborist Report prepared by Tree Wise Men, dated 11/12/09.

 

Schedule

Tree/Location

Approved tree works

Eucalyptus haemastoma (Scribbly Gum)/ Tree 23

Minor canopy pruning in accordance with conditions. No major limbs are permitted to be removed.

 

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.

 

G.     THAT the Ku-ring-gai Council, as the consent authority, grant development consent to Development Application No. DA0337/10 involving the erection of three poles and installation of non-live wiring at 33 Toolang Road, St Ives 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

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

33 Toolang. Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

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

 

4.     Notice of commencement

 

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

 

Reason:         Statutory requirement.

 

5.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

6.     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.

 

7.     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.

 

8.     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.

 

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

 

9.     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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

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

 

10.   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.

 

Conditions to be satisfied at all times:

 

11.   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.

 

 

 

 

12.   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.

 

13.   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.

 

14.   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.

 

15.   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.

 

 

 

16.   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.

 

17.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

18.   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.

 

19.   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.

 

20.   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.

 

 

 

21.   Canopy pruning - arborist supervision

 

All canopy pruning for the installation of the wires or poles shall be with the intent to minimise canopy loss and be carried out under the supervision of a suitably qualified arborist (AQF3).  All wires should be thread through the canopy and tensioned to the appropriate height prior to commencement of pruning. Pruning to allow maximum 300mm clearance from vegetation shall be carried out following installation of wire under the supervision of a suitably qualified arborist (AQF3) in accordance with Australian Standard 4373-2007 – Pruning of Amenity Trees

 

Reason:         To ensure protection of existing trees.

 

22.   Treatment of tree canopy/roots

 

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

 

Reason:         To protect existing trees.

 

23.   Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site. Tree numbers shall be in accordance with Arborist Report prepared by Tree Wise Men, dated 11/12/09.

 

Schedule

Tree/Location

Approved tree works

Allocasuarina cunninghamiana (River Sheoak) Tree 4

Pruning of one 3rd order branch (80mm) to branch collar

Banksia serrata (Old Man Banksia) Tree 5

Minor canopy pruning to NW side as per conditions

Callistemon viminalis (Weeping Bottlebrush) Tree 6

Minor canopy pruning to NW side as per conditions

Harpullia pendula (Tulipwood) Tree 7

Minor canopy pruning as per conditions

Cupressocyparis x leylandii (Leyland Cypress) Tree 8

Minor canopy pruning to western side and as per written permission from owner dated 23/11/10

 

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.

 

H.     THAT the Ku-ring-gai Council, as the consent authority, grant development consent to Development Application No. DA0338/10 involving the erection of one pole and installation of non-live wiring at 3 Ovens Place, St Ives 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

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

3 Ovens Place . Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

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

 

4.     Notice of commencement

 

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

 

Reason:         Statutory requirement.

 

5.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

6.     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.

 

7.     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.

 

8.     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.

 

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

 

9.     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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

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

 

10.   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.

 

Conditions to be satisfied at all times:

 

11.   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.

 

12.   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.

 

13.   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.

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   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.

 

 

 

 

18.   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.

 

19.   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.

 

20.   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.

 

21.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

22.   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.

 

23.   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.

 

24.   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.

 

25.   Canopy pruning - arborist supervision

 

All canopy pruning for the installation of the wires or poles shall be with the intent to minimise canopy loss and be carried out under the supervision of a suitably qualified arborist (AQF3).  All wires should be thread through the canopy and tensioned to the appropriate height prior to commencement of pruning. Pruning to allow maximum 300mm clearance from vegetation shall be carried out following installation of wire under the supervision of a suitably qualified arborist (AQF3) in accordance with Australian Standard 4373-2007 – Pruning of Amenity Trees

 

Reason:         To ensure protection of existing trees.

 

 

 

 

26.   Treatment of tree canopy/roots

 

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

 

Reason:         To protect existing trees.

 

27.   Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site. Tree numbers shall be in accordance with Arborist Report prepared by Tree Wise Men, dated 11/12/09.

 

Schedule

Tree/Location

Approved tree works

Pistacia chinensis (Pistacia) Tree 2

Minor canopy pruning in accordance with conditions

Gleditsia triacanthos (Honey Locust) Tree 3

Minor canopy pruning in accordance with conditions

 

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.

 

I.      THAT the Ku-ring-gai Council, as the consent authority, grant development consent to Development Application No. DA0339/10 involving the erection of four poles and installation of non-live wiring at 20 Yarrabung Road, St Ives 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

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

20 Yarrabung. Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

 

 

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

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

 

4.     Notice of commencement

 

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

 

Reason:         Statutory requirement.

 

5.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

6.     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.

 

 

 

 

7.     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.

 

8.     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.

 

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

 

9.     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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

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

 

10.   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.

 

Conditions to be satisfied at all times:

 

11.   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.

 

12.   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.

 

13.   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.

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

18.   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.

 

19.   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.

 

20.   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.

 

21.   Canopy pruning - arborist supervision

 

All canopy pruning for the installation of the wires or poles shall be with the intent to minimise canopy loss and be carried out under the supervision of a suitably qualified arborist (AQF3).  All wires should be thread through the canopy and tensioned to the appropriate height prior to commencement of pruning. Pruning to allow maximum 300mm clearance from vegetation shall be carried out following installation of wire under the supervision of a suitably qualified arborist (AQF3) in accordance with Australian Standard 4373-2007 – Pruning of Amenity Trees

 

Reason:         To ensure protection of existing trees.

 

22.   Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site. Tree numbers shall be in accordance with Arborist Report prepared by Tree Wise Men, dated 11/12/09.

 

Schedule

Tree/Location

Approved tree works

Cupressus sp (Cypress) Tree 17

Minor canopy pruning in accordance with conditions

 

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.

 

23.   Hand excavation

 

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

 

Schedule

Tree/Location

Radius from trunk

Acacia sp (Wattle) Tree 20

2m

Angophora costata (Sydney Red Gum) Tree 21

8.4m

 

Reason:         To protect existing trees.

 

J.      THAT the Ku-ring-gai Council, as the consent authority, grant development consent to Development Application No. DA0340/10 involving the erection of one pole and installation of non-live wiring at 18 Lawson Street, St Ives 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

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

18 Lawson. Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

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

 

4.     Notice of commencement

 

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

 

Reason:         Statutory requirement.

 

5.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

6.     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.

 

7.     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.

 

8.     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.

 

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

 

9.     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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

10.   Amendments to approved detail plan

 

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

 

Plan no.

Drawn by

Dated

09_191#18 Lawson

Kiprovich and Associates

23/10/09

 

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

 

To preserve the health and condition of the following tree, the wire is to be shown or by note to be attached to the eastern side of the existing electrical pole to maximise clearance from the trunk of Tree 31 in accordance with arborist’s recommendations. To avoid mechanical damage, the wire is to be shown to have attached a minimum 2m length piece of hose covering or similar (min 1m on either side of centre of tree).

 

Tree/Location

Eucalyptus saligna (Sydney Blue Gum) Tree 31

 

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

 

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

 

Reason:       To ensure protection of existing trees.

 

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

 

11.   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.

 

Conditions to be satisfied at all times:

 

12.   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.

 

13.   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.

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   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.

 

18.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

19.   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.

 

20.   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.

 

21.   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.

 

22.   Drainage to existing system

 

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the existing site drainage system. The installation of new drainage components must be completed by a licensed contractor in accordance with AS3500.3 (Plumbing Code) and the BCA. No stormwater runoff is to be placed into the Sydney Water sewer system. If an illegal sewer connection is found during construction, the drainage system must be rectified to the satisfaction of Council and Sydney Water.

 

Reason:         To protect the environment.

 

23.   Trees retained

 

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:

 

Schedule

Tree/Location

Time of inspection

Eucalyptus saligna (Sydney Blue Gum) Tree 31

Attachment of wire to ensure maximum clearance from trunk.

 

Reason:         To ensure protection of existing trees.

 

 

 

 

24.   Canopy pruning - arborist supervision

 

All canopy pruning for the installation of the wires or poles shall be with the intent to minimise canopy loss and be carried out under the supervision of a suitably qualified arborist (AQF3).  All wires should be thread through the canopy and tensioned to the appropriate height prior to commencement of pruning. Pruning to allow maximum 300mm clearance from vegetation shall be carried out following installation of wire under the supervision of a suitably qualified arborist (AQF3) in accordance with Australian Standard 4373-2007 – Pruning of Amenity Trees

 

Reason:         To ensure protection of existing trees.

 

25.   Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site. Tree numbers shall be in accordance with Arborist Report prepared by Tree Wise Men, dated 11/12/09.

 

Schedule

Tree/Location

Approved tree works

Pittosporum undulatum (Sweet Pittosporum) Tree 32

Minor canopy pruning in accordance with conditions

Acer buegeranum (Trident Maple) Tree 33

Minor canopy pruning in accordance with conditions

 

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

 

K.       THAT the Ku-ring-gai Council, as the consent authority, grant development consent to Development Application No. DA0341/10 involving the erection of three (3) poles and installation of non-live wiring at 26 Marlborough Place, St Ives for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

 

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

 

Conditions that identify approved plans:

 

1.     Approved architectural plans and documentation

 

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:

 

Dwg No

Rev

Description

Drawn by

Dated

Lodged

09-191

 

26 Marlborough. Dwg

Kiprovich and Associates Pty Ltd.

23/10/2009

18/02/11

SPF001

A

Pole footing detail

aurecon

November 2010

11/11/10

 

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

 

 

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

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

 

4.     Notice of commencement

 

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

 

Reason:         Statutory requirement.

 

5.     Notification of builder’s details

 

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

 

Reason:         Statutory requirement.

 

6.     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.

 

 

 

 

7.     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.

 

8.     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.

 

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

 

9.     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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

10.   Deletion of one pole

 

A.       The pole located 12.5 metres from the front boundary and 300mm from the eastern, side, boundary is to be deleted. The existing pole located at a similar front set back and set back approximately 6 metres from the east side boundary at RL 135.80 is to be utilised.

 

Reason:         To preserve the outlook from property No. 24 Marlborough Place to the north west.

 

B.       The pole located 7 metres from the front boundary and set back 240mm from the west side boundary shall be set back 1.5 metres from the side boundary to allow screen planting to be located between the pole and the west site boundary. Details to be included in the plans submitted with the Construction Certificate application.

 

Reason:         To maintain the amenity of the area.

 

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

 

11.   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.

 

Conditions to be satisfied at all times:

 

12.   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.

 

13.   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.

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   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.

 

18.   Treatment of tree roots

 

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

 

Reason:         To protect existing trees.

 

19.   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.

 

20.   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.

 

21.   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.

 

22.   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.

 

23.   Canopy pruning - arborist supervision

 

All canopy pruning for the installation of the wires or poles shall be with the intent to minimise canopy loss and be carried out under the supervision of a suitably qualified arborist (AQF3).  All wires should be thread through the canopy and tensioned to the appropriate height prior to commencement of pruning. Pruning to allow maximum 300mm clearance from vegetation shall be carried out following installation of wire under the supervision of a suitably qualified arborist (AQF3) in accordance with Australian Standard 4373-2007 – Pruning of Amenity Trees

 

Reason:         To ensure protection of existing trees.

 

24.   Treatment of tree canopy/roots

 

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

 

Reason:         To protect existing trees.

 

25.   Approved tree works

 

Approval is given for the following works to be undertaken to trees on the site. Tree numbers shall be in accordance with Arborist Report prepared by Tree Wise Men, dated 11/12/09.

 

Schedule

Tree/Location

Approved tree works

Glochidion ferdinandi (Cheese tree)/ Tree 9

Minor canopy pruning in accordance with conditions

Cedrus deodara (Himalayan Cedar)/ Tree 10

Minor canopy pruning in accordance with conditions

Pinus patula (Mexican Pine) / Tree 13

Minor canopy pruning in accordance with conditions

Jacaranda mimosifolia (Jacaranda) / Tree 14

Minor canopy pruning in accordance with conditions

 

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.

 

26.   Hand excavation

 

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

 

Schedule

Tree/Location

Radius from trunk

Glochidion ferdinandi (Cheese tree)/ Tree 9

2.4 m

Angophora costata (Sydney Red Gum)/ Tree 11

3.6m

 

Reason:    To protect existing trees.

 

 

 

 

Graham Bolton

Executive Assessment Officer - South

 

Richard Kinninmont

Team Leader- Development Assessment - Central

 

 

 

 

Corrie Swanepoel

Manager Development Assessment Services

 

 

 

Michael Miocic

Director Development and Regulation

 

 

Attachments:

A1View

Site plan 7 Carcoola Road St Ives

 

2011/057440

 

A2View

Site plan 21 Catherine Street St Ives

 

2011/057445

 

A3View

Site plan 16 Paul Avenue St Ives

 

2011/057453

 

A4View

Site plan 62 Catherine Street St Ives

 

2011/057455

 

A5View

Site plan 29 Lynbara Avenue St Ives

 

2011/057462

 

A6View

Site plan 27 Catherine Street St Ives

 

2011/057465

 

A7View

Site plan 33 Toolang Road St Ives

 

2011/057472

 

A8View

Site plan 3 Ovens Place St Ives

 

2011/057479

 

A9View

Site plan 20 Yarrabung Road St Ives

 

2011/057585

 

A10View

Site plan 18 Lawson Street St Ives

 

2011/057540

 

A11View

Site plan 26 Marlborough Place St Ives

 

2011/057548

 

A12View

Infrastructure map

 

2011/057589

 

A13View

General locations plan

 

2011/057593

 

A14View

Pole detail

 

2011/057596

 

A15View

EnergyAustralia conditions

 

2011/057602

 

A16View

Response to Telstra conditions

 

2011/057606

 

A17View

Telstra conditions

 

2011/057608

 

A18View

Location sketch 7 Carcoola Street St Ives

 

2011/057610

 

A19View

Zoning extract 7 Carcoola Road St Ives

 

2011/057613

 

A20View

Location sketch 21 Catherine Street St Ives

 

2011/057625

 

A21View

Zoning extract 21 Catherine Street St Ives

 

2011/057630

 

A22View

Location sketch 16 Paul Avenue St Ives

 

2011/057635

 

A23View

Zoning extract 16 Paul Avenue St Ives

 

2011/057638

 

A24View

Location sketch 62 Catherine Street St Ives

 

2011/057640

 

A25View

Zoning extract 62 Catherine Street St Ives

 

2011/057643

 

A26View

Location sketch 29 Lynbara Avenue St Ives

 

2011/057653

 

A27View

Zoning extract 29 Lynbara Avenue St Ives

 

2011/057663

 

A28View

Location sketch 27 Catherine Street St Ives

 

2011/057666

 

A29View

Zoning extract 27 Catherine Street St Ives

 

2011/057671

 

A30View

Location sketch 33 Toolang Road St Ives

 

2011/057675

 

A31View

Zoning extract 33 Toolang Road St Ives

 

2011/057679

 

A32View

Location sketch 3 Ovens Place St Ives

 

2011/057682

 

A33View

Zoning extract 3 Ovens Place St Ives

 

2011/057685

 

A34View

Location sketch 20 Yarrabung Road St Ives

 

2011/057687

 

A35View

Zoning extract 20 Yarrabung Road St Ives

 

2011/057691

 

A36View

Location sketch 18 Lawson Parade St Ives

 

2011/057559

 

A37View

Zoning extract 18 Lawson Parade St Ives

 

2011/057696

 

A38View

Location sketch 26 Marlborough Place St Ives

 

2011/057699

 

A39View

Zoning extract 26 Marlborough Place St Ives

 

2011/057701

 

A40View

Submissions list

 

2011/061772

  


APPENDIX No: 1 - Site plan 7 Carcoola Road St Ives

 

Item No: GB.2

 


APPENDIX No: 2 - Site plan 21 Catherine Street St Ives

 

Item No: GB.2

 


APPENDIX No: 3 - Site plan 16 Paul Avenue St Ives

 

Item No: GB.2

 


APPENDIX No: 4 - Site plan 62 Catherine Street St Ives

 

Item No: GB.2

 


APPENDIX No: 5 - Site plan 29 Lynbara Avenue St Ives

 

Item No: GB.2

 


APPENDIX No: 6 - Site plan 27 Catherine Street St Ives

 

Item No: GB.2

 


APPENDIX No: 7 - Site plan 33 Toolang Road St Ives

 

Item No: GB.2

 


APPENDIX No: 8 - Site plan 3 Ovens Place St Ives

 

Item No: GB.2

 


APPENDIX No: 9 - Site plan 20 Yarrabung Road St Ives

 

Item No: GB.2

 


APPENDIX No: 10 - Site plan 18 Lawson Street St Ives

 

Item No: GB.2

 


APPENDIX No: 11 - Site plan 26 Marlborough Place St Ives

 

Item No: GB.2

 


APPENDIX No: 12 - Infrastructure map

 

Item No: GB.2

 


APPENDIX No: 13 - General locations plan

 

Item No: GB.2

 


APPENDIX No: 14 - Pole detail

 

Item No: GB.2

 


APPENDIX No: 15 - EnergyAustralia conditions

 

Item No: GB.2

 


APPENDIX No: 16 - Response to Telstra conditions

 

Item No: GB.2

 



APPENDIX No: 17 - Telstra conditions

 

Item No: GB.2

 



APPENDIX No: 18 - Location sketch 7 Carcoola Street St Ives

 

Item No: GB.2

 


APPENDIX No: 19 - Zoning extract 7 Carcoola Road St Ives

 

Item No: GB.2

 


APPENDIX No: 20 - Location sketch 21 Catherine Street St Ives

 

Item No: GB.2

 


APPENDIX No: 21 - Zoning extract 21 Catherine Street St Ives

 

Item No: GB.2

 


APPENDIX No: 22 - Location sketch 16 Paul Avenue St Ives

 

Item No: GB.2

 


APPENDIX No: 23 - Zoning extract 16 Paul Avenue St Ives

 

Item No: GB.2

 


APPENDIX No: 24 - Location sketch 62 Catherine Street St Ives

 

Item No: GB.2

 


APPENDIX No: 25 - Zoning extract 62 Catherine Street St Ives

 

Item No: GB.2

 


APPENDIX No: 26 - Location sketch 29 Lynbara Avenue St Ives

 

Item No: GB.2

 


APPENDIX No: 27 - Zoning extract 29 Lynbara Avenue St Ives

 

Item No: GB.2

 


APPENDIX No: 28 - Location sketch 27 Catherine Street St Ives

 

Item No: GB.2

 


APPENDIX No: 29 - Zoning extract 27 Catherine Street St Ives

 

Item No: GB.2

 


APPENDIX No: 30 - Location sketch 33 Toolang Road St Ives

 

Item No: GB.2

 


APPENDIX No: 31 - Zoning extract 33 Toolang Road St Ives

 

Item No: GB.2

 


APPENDIX No: 32 - Location sketch 3 Ovens Place St Ives

 

Item No: GB.2

 


APPENDIX No: 33 - Zoning extract 3 Ovens Place St Ives

 

Item No: GB.2

 


APPENDIX No: 34 - Location sketch 20 Yarrabung Road St Ives

 

Item No: GB.2

 


APPENDIX No: 35 - Zoning extract 20 Yarrabung Road St Ives

 

Item No: GB.2

 


APPENDIX No: 36 - Location sketch 18 Lawson Parade St Ives

 

Item No: GB.2

 


APPENDIX No: 37 - Zoning extract 18 Lawson Parade St Ives

 

Item No: GB.2

 


APPENDIX No: 38 - Location sketch 26 Marlborough Place St Ives

 

Item No: GB.2

 


APPENDIX No: 39 - Zoning extract 26 Marlborough Place St Ives

 

Item No: GB.2

 


APPENDIX No: 40 - Submissions list

 

Item No: GB.2

 













 

Ordinary Meeting of Council - 23 August 2011

GB.3 / 294

 

 

Item GB.3

S07471

 

8 June 2011

 

 

Gordon Bowling Club Ltd - Licence Renewal

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To seek a resolution to grant the Gordon Bowling Club Limited (the Club) a 20 year licence being a 5 year licence with 3 options to renew for 5 years each, relating to its occupation of 4 Pennant Avenue, Gordon.

 

 

background:

The Club has been occupying this site since 1950 and is keen to formalise its tenure with Council. On 22 February 2011, Council resolved to execute a lease option agreement for a five year period until 18 November 2014.

 

 

comments:

There are some irregularities however, that have arisen in the expired lease, and this has prevented the Club from proceeding with the 5 year option to renew on this expired lease.

These matters have now been discussed with the Club and instead of entering into the 5 year option to renew on the expired lease, the Club has re-negotiated a 20 licence, as the preferred way forward for both Council and the Club.

 

 

recommendation:

That Council grant the Club a 20 year licence being a 5 year licence with 3 options to renew for 5 years each relating to its occupation of 4 Pennant Avenue, Gordon. The Mayor and the General Manager to sign the documentation and affix the Common Seal of the Council to the licence, subject to no significant objections to the proposal.

 

 


  

Purpose of Report

To seek a resolution to grant the Gordon Bowling Club Limited (the Club) a 20 year licence being a 5 year licence with 3 options to renew for 5 years each, relating to its occupation of 4 Pennant Avenue, Gordon. 

 

Background

 

Council is the owner of Lot X and Y in DP 387680 being the land situate at 4 Pennant Avenue, Gordon (the Premises). The Premises is zoned Recreation Existing 6(a) in accordance with the Ku-ring-gai Planning Scheme Ordinance and has an area of 1.29 hectares. It is classified as Community Land. A copy of the plan of Lot X and Y in DP 387680 is attached in Attachment A1.

 

The Gordon Bowling Club Limited (the Club) has occupied the Premises at 4 Pennant Avenue, Gordon since 1950. The Club was granted a 50 year licence to use the land and to build a clubhouse and undertake bowling club activities. Council constructed the first green and the Club was responsible for constructing the clubhouse and two further bowling greens. Bowls activities have occurred on the site since 1954 and the clubhouse was officially opened in 1956.

 

The Club is situate at 4 Pennant Avenue, Gordon approximately 500m west of the Pacific Highway, Gordon. Surrounding development is predominately individual residential houses of various constructions. The Club has undertaken a number of improvements to the Premises since its initial development.

 

The clubhouse comprises a single storey weatherboard structure with a metal deck roof. It houses a dining area, bar, office, kitchen and store. It is in reasonable condition. Other site improvements include: three bowling greens, several sheds and a specific green keeper shed. On the western section adjacent to the clubhouse, is a sealed car park with 88 car spaces available.

 

By resolution made on 19 November 2004, Council granted the Club a 5 year lease with 2 further options of 5 years each, at Council’s discretion. Council’s resolution also confirmed that the grant of the lease was to exclude the public access handle pathway that forms part of Lot Y in DP 387680. A copy of the plan showing the access handle pathway in red is attached in Attachment A2.

 

The public access handle pathway is from Bushlands Avenue (between numbers18 and 22 Bushland Avenue) and extends through the Premises to Pennant Avenue, Gordon. It is used by the public as a shortcut from Pennant Avenue through the Club’s leased Premises (in front of the clubhouse building) to Bushland Avenue.

 

The Club exercised its 5 year option to renew the lease with the deemed exercise of option date as 19 November 2009. However, during the preparation of the lease option documents, the following errors were discovered:

 

1.   The exercise of the lease option was at Council’s discretion and not the Club’s;

2.   The lease was granted to the incorrect corporate entity. It should have been granted to Gordon Bowling Club Limited but was granted to Gordon Bowling Club Inc; and

3.   The expired lease registered the whole of the land in Lots X and Y in DP 387680 including the public access handle pathway. This pathway in part of Lot Y in DP 387680 should have been excluded from the expired lease.

 

As a result of the above oversight, it is not possible to enter into the 5 year lease option and the further 5 year lease option. Rather than correcting the oversight and continue with the 5 year lease options, the Club has requested to enter into a new licence agreement.

 

Detailed negotiations have resulted in the signed Offer of Licence and 3 attachments dated 27 July 2011. An unsigned and undated copy of the Offer of Licence and 3 attachments are attached in Attachment 3.

 

Comments

 

The Club is being granted a 20 year licence rather than 2 x five year options on their lease. Council cannot grant the Club a lease because the public access handle pathway can only be excluded from a licences and not a lease. To exclude a public access handle pathway from a lease it needs a registered plan of subdivision.

 

The land comprising the Premises (namely the 3 x bowling greens, the car parking, the clubhouse and the public access handle) are contained in lots X and Y in DP 387680. Under section 23F of the Conveyancing Act 1919, you cannot register a lease over part of land without subdivision. Section 23FG(d)(i) of the Conveyancing Act 1919 provides that section 23F does not apply where a lease does not exceed 5 years.

 

As the public access handle cannot be excluded from the lease without a subdivision and the Club wants tenure greater than 5 years, the legal effect is that the Club cannot have a lease without a subdivision of the public access handle pathway. However, if the Club is granted a 20 year licence, the public access handle pathway can be excluded from the licence without a subdivision.

 

A Special Termination Provision has been agreed upon, to allow both Council and the Club the right to terminate the licence on 6 months notice, on reasonable grounds. Should the Club become unable to meet its obligations under the licence, there is sufficient comfort for both parties to terminate the licence.

 

The Club is a community not for profit company limited by guarantee. In April 1957 the Club was granted a liquor licence that allows the sale of alcohol on the defined premises of the registered club. The Club is licensed, with bar trading hours limited to “before and after bowling activities”.

 

Whilst the Club is licensed, it is free of gaming machines. The Club must comply with the Registered Clubs Act 1976 and the Liquor Act 2007 and all other relevant Acts relating to the serving of alcohol.

 

Governance Matters

 

On 19 November 2004 Council granted the Club a five year lease with two further options of five years each. The Club exercised its five year option to renew the lease with the deemed exercise of option date as 19 November 2009.

 

On 22 February 2011 Council resolved that the Mayor and the General Manager sign the documentation and affix the common seal to the option documents. 

 

The 20 year licence being a 5 year licence with 3 options to renew for 5 years each fully complies with Council’s Policy for Management of Community and Recreation Land and Facilities (the Policy) and the Department of Local Government (DLG) bowling Club formula.

 

Risk Management

 

The Club is to procure its own building and property insurance, together with $20 million Public Liability. The Club is to fully indemnify Council against personal and property damage on the licensed area. Evidence of currency is to be supplied annually to Council.

 

As the public access handle pathway is excluded from the licence, its maintenance and public risk liability revert to Council.

 

Financial Considerations

 

In accordance with the Policy, the Club has been assessed to receive an 85% rebate for the first 2 years of the licence. This is what was agreed upon in the expired lease and option to renew.

 

After the first 2 years, the rebate is 80%. The 80% rebate is of equal value to that enjoyed by other bowling clubs within Ku-ring-gai.

 

In 1984 the (DLG) implemented a rental formula for the assessment of bowling clubs rents (the DLG bowling club formula).

 

Bowling club rentals are calculated under the DLG bowling club formula. It uses a ‘base factor’ which represents the current average value of unimproved residential sites, or the land value of low, medium and high density development sites. The rate is then applied to the individual components which comprise a bowling club, and then a percentage of each total is applied in accordance with the formula, to arrive at an annual rental. A summary of the formula is as follows:

 

·    Base factor Rate/m2 x Clubhouse site area (regardless of the size of such site) 4% of this amount is adopted.

Plus

·    Base factor Rate/m2 x car parking area (regardless of the size of such site) 4% of half of the base factor this amount is adopted i.e. 2%.

Plus

·    $20 per annum per Bowling Green

 

Note: where the Club is not licensed then the clubhouse site and parking area components will be respectively 4% of 30% of the Base factor rate/ms. The Club is licensed.

 

The Council obtained an independent valuation by Corporeal Pty Ltd Valuers dated 19 November 2009 (the Corporeal Valuation). Please refer to the Corporeal Valuation in Annexure A4.

 

Rental value is based on the base factor of $850,000 and has been calculated pursuant to the DLG bowling club formula.

 

Year One

 

Full rental fee Year One                                     $57,636.00

Rebate for Year One 85%                                  $48,991.00

Rental fee for Year One                                     $8645.00   Inclusive of GST

 

Under the licence terms, the rental fee is to be increased by 3% annually, on the anniversary of the commencement date.

 

On the expiration of the 5 year licence in 2016 and if the Club exercises its 1st option to renew, a market review will again be conducted and the rental amount will be adjusted accordingly.

 

On the expiration of the 2nd licence in 2021 and if the Club exercise its 2nd option to renew the licence for 5 years, a market review will again be conducted and the rental amount will be adjusted accordingly.

 

On the expiration of the 3rd licence in 2026 and if the Club exercise its 3rd option to renew the licence for 5 years, a market review will again be conducted and the rental amount will be adjusted accordingly.

 

During the first 5 year licence, the Rebate will be:

 

               Year 1 of Term                                    85%

               Year 2 of Term                                    85%

               Year 3 of Term                                    80%

               Year 4 of Term                                    80%

               Year 5 of Term                                    80%

 

During the second 5 year licence, the Rebate will be:

 

               Year 6 of Term                                    80%

               Year 7 of Term                                    80%

               Year 8 of Term                                    80%

               Year 9 of Term                                    80%

               Year 10 of Term                                  80%

 

After the second 5 year licence expires, the Rebate will be reviewed at the Council’s sole discretion and otherwise in accordance with the Policy.

 

The Club has agreed to pay Council’s legal costs in connection with the preparation of these leases to the value of $1,500 (ex GST) and Council’s administration fee of $500 (ex GST).

 

Social Considerations

 

The Club has been providing a valuable community service since 1950. A key component of providing this community service is the security of tenure.

 

With security of tenure for 20 years, the Club will continue its occupation of its current site on Council’s land with no disruption to this significant community service.

 

The Club has 256 members and boasts an enviable record of achievement in district and state events.

 

Environmental Considerations

 

Under the licence terms and conditions, the Club is to provide the Council with evidence of environmental compliance on an annual basis.

 

The Plan of Management of the Club’s site is addressed by the Sports Facilities Plan of Management, adopted by Council in 2010 (the Plan).

 

The Plan recognises the activity and authorises such licences as in accordance with the principles of the Local Government Act 1993 and in particular the management of community lands.

 

Community Consultation

 

No consultation is required for this process prior to Council resolution. Once Council resolves to grant the proposed licence, the public will be notified of Council’s intention to grant the licence in accordance with s 47 (1) a of the LG Act.

 

Internal Consultation

 

Strategy, Open Space, Finance and Environment officers have been consulted in updating this matter.

 

Summary

 

The Club has occupied a site on the 4 Pennant Avenue, Gordon for over 60 years – a new licence for this site is now due.

 

At present the Club consists of 256 members, and provides an integral service to the local residents.

 

The Club is eager to have the licence granted expediently to evidence long term tenure in order to procure finance, grants and sponsorship in order to achieve a number of proposed capital improvements.

 

It should be noted that the 20 year licence agreement is consistent with Council’s approach regarding the renewal of Bowling Club licences. In addition, this report outlines a rebate equal to those enjoyed by other bowling clubs in Ku-ring-gai.

 

The information provided to Council by the Club, shows the Club’s compliance with Council’s requirements to licence, and, that the Club is able to undertake its obligations to Council under the terms of the proposed licence agreement, ensuring the long term provision of this service to the community of Ku-ring-gai Local Government Area.

 

 

 

 

Recommendation:

 

A.       That Council grant a 20 year licence, being a 5 year licence with 3 options to renew for 5 years, to the Gordon Bowling Club Limited for the use of the site known as 4 Pennant Avenue, Gordon.

 

B.       The new licence exclude the public access handle pathway situated in folio identifier Y/387680 which therefore reverts to Council’s responsibility for maintenance and public risk liability.

 

C.       That Council give public notice of 28 days of its intention to grant a licence agreement to the Gordon Bowling Club Limited, in accordance with S47 of the Local Government Act.

 

D.       That under their delegated powers, the Mayor and General Manager affix Council’s Seal and sign and execute the licence documentation.

 

 

 

 

 

Mary McCafferty

Senior Leasing Officer

 

 

 

 

Mark Taylor

Manager Community & Recreation Services

 

 

 

 

Janice Bevan

Director Community

 

 

 

Attachments:

A1View

Plan of Lots X and Y in DP 387680

 

2011/163687

 

A2View

Access handle pathway from Bushlands Ave through the Gordon Bowling Club

 

2011/118290

 

A3View

Offer of Licence and 3 attachments

 

2011/132254

 

A4View

Corporeal valuation dated 19 November 2009

 

2010/026258

  


APPENDIX No: 1 - Plan of Lots X and Y in DP 387680

 

Item No: GB.3

 


APPENDIX No: 2 - Access handle pathway from Bushlands Ave through the Gordon Bowling Club

 

Item No: GB.3

 


APPENDIX No: 3 - Offer of Licence and 3 attachments

 

Item No: GB.3

 













APPENDIX No: 4 - Corporeal valuation dated 19 November 2009

 

Item No: GB.3

 




 

Ordinary Meeting of Council - 23 August 2011

GB.4 / 318

 

 

Item GB.4

S07451

 

18 July 2011

 

 

East Roseville Bowling Club - Lease to Club

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To advise Council of the outcome of recent discussions between East Roseville Bowling Club (the Club) and Council officers regarding lease issues with the current tenancy of the greenkeeper caretaker’s cottage (the cottage) at the East Roseville Bowling Club.

 

 

background:

On 24 May 2011 Council resolved to enter into discussions with the Club. A subsequent meeting was held with representatives of the Club and Council officers on 16 June 2011.

 

 

comments:

To overcome the tenancy problem with the cottage, it was recommended that the section of the property on which the cottage was situated be rezoned as residential.

 

 

recommendation:

That Council resolve not to grant the whole of site lease to the Club, excise the cottage and its curtilage from the land, subdivide, rezone and reclassify the area comprising the cottage and its curtilage as residential land.

 


 

 

  

Purpose of Report

To advise Council of the outcome of recent discussions between East Roseville Bowling Club (the Club) and Council officers regarding lease issues with the current tenancy of the greenkeeper caretaker’s cottage (the cottage) at the East Roseville Bowling Club.

 

Background

 

The report to Council of 24 August 2010, detailing lease negotiations, advised Council that the Club required the rental from the caretaker’s cottage on the site as income to remain financial, and that having an employee who was the caretaker green keeper onsite improved security for the Club. Accordingly Council resolved to grant a new lease to the Club on the information that the cottage’s sole tenant was the Club’s green keeper and caretaker. At some stage, unknown to Council and without Council’s permission, the Club entered into a tenancy agreement with another person/s to rent the cottage.

 

Following Council’s resolution of 24 August 2010, Council officers completed the Section 47 Public Notice. Council had also instructed its solicitors to prepare the new lease.

 

Due to the current situation with the illegal tenancy in the cottage, Council cannot now proceed with the Club’s whole of site lease as granted under Council’s resolution of 24 August 2010, and as publically advertised in the Section 47 Notice in the period 21 January to 18 February 2011.

 

Council was advised of the background to this matter at a briefing on 3 May 2011, followed by a report to the OMC of 24 May 2011.

 

Following this meeting, Council officers wrote to the Club on 6 June 2011 concerning the lease issues. Please refer to Annexure A1

 

On 16 June 2011, Council officers met with representatives of the Club, and officers advised that Council was obliged to end the illegal use of the cottage. Representatives from the Club were concerned about the cottage’s rental income, which was currently being paid to the Club. The Club was advised that the matter of the cottage’s rental income, once the matter was addressed, was a decision for Council, and not one that could be determined by Council officers.

 

On 14 July 2011, the Club wrote to Council’s General Manager, agreeing to Council excising the cottage and its curtilage from the land, subdividing, rezoning and reclassifying the area comprising the cottage and its curtilage as residential land. This agreement however, was conditional on the Club keeping the cottage’s rental income during the rental occupancy agreement’s 20 years term. Please refer to Annexure A2 

 

Comments

 

Council’s solicitors have provided Council with legal advice. In summary, the legal advice is:

 

·    Legal income can not be earned from the cottage unless it is rezoned as residential, or if the tenant is an employee of the bowling club;

·    The monthly holding over arrangements with the Club should continue until the cottage land has been rezoned;

·    Council is advised against granting a licence to the Club pending the outcome of the finalisation of the action contemplated by the Council resolution made on 24 May 2011. This is because the grant of a licence would necessarily involve compliance with the Sports Facilities Plan of Management 2010 (POM) and the Local Government Act 1993 (LG Act). This public notification and the possibility of Ministerial involvement in the event that objections are made to the Minister, apart from the need for Council to consider any submissions which might be made by the public make a licence grant problematic. Council’s solicitors advised against any grant of a licence;

·    The Club should be invoiced for rental under clause 3.2 holding over provisions;

·    The Club should be paying the clause 3.2 holding over rental with a 3% increase as agreed to in the Offer to Lease;

·    The Club’s agreement to the clause 3.2 holding over rental with 3% increase is subject to Council not exercising its right to terminate the lease with one month’s notice and the Council waives its rights arising from the Club’s failure to obtain the Council’s consent to the cottage’s illegal sublease; and

·    The Club should at the first opportunity agree to terminate the illegal cottage tenancy. 

 

To resolve this mater, Council has the following options:

 

OPTION 1: HOLDING OVER

 

The Club holds over under clause 3.2 of the expired lease with the following conditions:

 

1.   The Club retains the cottage’s income of $340 weekly ($17,680 pa) until the illegal residential tenancy expires on 30 June 2012;

2.   The Club gives Council an undertaking that it will cease the illegal tenancy on 30 June 2012.

3.   The cottage and its curtilage is excised from the land, rezoned and reclassified as residential under the comprehensive LEP. The comprehensive LEP’s timeframe is 2 years from now; and

4.   Council negotiate with the Club in 2 years time a new rental for the clubhouse, car parking and 3 bowling greens once the cottage and its curtilage is rezoned as residential.

 

This option has the advantage of being in accordance with Council’s legal advice, resolves the illegal cottage’s tenancy, and the Club retains the cottage’s rental income up to 30 June 2012.

 

OPTION 2: LICENCE AGREEMENT EXCLUDING THE COTTAGE

 

Council can enter into a licence agreement with the Club for that part of the site that excludes the cottage and its curtilage but includes the clubhouse, car parking and the 3 bowling greens for a term of between 1 – 5 years. The cottage and its curtilage would be excised from the land, rezoned and reclassified as residential.

 

Option 2 has the following disadvantages:

 

·    It is against Council’s legal advice due to complications complying with the POM and the LG Act and the entitlement to the cottage’s rental income;

·    Council cannot guarantee the Club’s entitlement to the cottage’s rental income during the term of the licence agreement; and

·    The Club is not supportive as it is seeking a 20 year licence agreement.

 

Council notes that if the Club would agree to comply with the POM and Recreation 6(a) zoning by re-using the cottage for the Club’s employed greenkeeper, option 2 would be recommended. This is a decision for the Club.

 

OPTION 3: EXPRESSIONS OF INTEREST

 

Under Council’s Policy for the Management of Community Land and Facilities adopted in November 2009 (the Policy) clause 7.2, Expressions of Interest (EOI) is the usual method to select a user group for a community property. This is because an EOI allows Council to select a wide range of potential user groups. An EOI is also required when a property is to be made available for more than 12 months.

 

Further, under clause 7.9 of the Policy, an EOI is required when a dispute has not been resolved within 3 months. As mentioned in the report to the OMC of 24 May 2011, this dispute has been outstanding for nearly 3 years from when the lease expired on 30 September 2009.

 

In the EOI process, Council would prepare a licence for the whole of the site with a provision that if the cottage is rezoned as residential, the cottage can be removed from the EOI licence agreement.

 

Option 3 has the advantage of both resolving the matter and possibly attracting a co-operative arrangement with a new sporting group; for example an adjoining club, or another bowling club that may be looking for growth or amalgamation.

 

It has, however, the disadvantage of impacting negatively on the Club members who have a 60 year history of sole occupation on the site.

 

Governance Matters

 

On 24 May 2011 Council resolved:

 

That Council enter into discussions, in good faith, with East Roseville Bowling Club, to negotiate a resolution of the identified lease issues with the tenancy.

 

For the Resolution:                 The Mayor, Councillor I Cross, Councillors Anderson, Holland, Keays, Malicki, McDonald, Szatow and Hall

 

Against the Resolution:          Councillor Duncombe

 

Risk Management

 

The East Roseville Bowling Club is currently in breach of Council’s KPSO, the Sports Facilities Plan of Management, the Policy for the Management of Community Land and Facilities, the lease, and the Local Government Act. Council is obliged to address this matter for legal reasons, and any delay would have potential to cause reputational damage to the both organisations.

 

Financial Considerations

 

The Club currently retains the cottage’s rental income of $340 weekly. This is $152 weekly in excess of what it is paying to Council for the whole of the site lease. The details are outlined below:

 

Cottage weekly rental to the Club (no GST)                                  $340

Club’s whole of premises weekly rental to Council (incl GST)     $188

Club’s weekly excess                                                   $152 ($7,864 pa)

 

The Club has had the benefit of the new market rental at $11,893 pa for nearly 3 years. It is now due to be invoiced under the holding over clause 3.2 of the expired lease at $16,047 pa. Council will not include the 3% increase to the rental under the holding over clause 3.2 as agreed to in the Offer to Lease.

 

The 3 options referred to above have the following financial considerations:

 

OPTION 1: HOLDING OVER

 

The Club would hold over under clause 3.2 of the expired lease. Council would receive the increased rental from the Club of $16,047 pa being an increase of $4,154 pa for Council from $11,893 pa referred to in the report to the OMC of 24 May 2011. Under the 3.2 holding over clause, there are no increases unless agreed upon. The anticipated rentals under option 1 are summarised in the table below:

 

No.

Financial Year

Council’s rent received

Club’s rental received

1.

2011/2012

$16,047

$17,680

2.

2012/2013

$16,047

Nil

 

OPTION 2: LICENCE AGREEMENT EXCLUDING THE COTTAGE

 

Council would receive the rental of $11,893 pa referred to in the report to the OMC of 24 May 2011. The Club would receive the benefit of the reduced rental of $4,154 pa. The Club would retain the cottage’s rental income of $17,680 pa until the cottage’s illegal tenancy ceased on 30 June 2012.

 

The anticipated rentals under option 3 are summarised in the table below:

 

No.

Financial Year

Council’s rent received

Club’s rental received

1.

2011/2012

$11,893

$17,680

2.

2012/2013

$12,250 (3% increase)

Nil

 

In the absence of the Club’s decision to re-use the cottage for the Club’s employed greenkeeper, the appropriate time for Council to consider the cottage as a residential cottage in the Club’s financials is in 2 years when the land is rezoned for residential purposes.

 

Depending on the cottage’s condition, its rental is estimated at $800 weekly or $41,600 pa. If the cottage is not rezoned as residential, Council can decide if it is suitable for community purposes.

 

OPTION 3: EXPRESSIONS OF INTEREST

 

The Club would continue to hold over under clause 3.2 of the expired lease pending the finalisation of the EOI process and the cottage being rezoned as residential in 2 years.

 

Council would receive from the Club rental of $16,047 pa. This is an increase of $4,154 pa for Council from that referred to in the report to the OMC of 24 May 2011 ($11,893 pa). However, the Club would retain the cottage’s rental income of $17,680 pa until the cottage’s illegal tenancy ceased on 30 June 2012. Under the 3.2 holding over clause, there are no increases unless agreed upon. The anticipated rentals under option 1 are summarised in the table below:

 

No.

Financial Year

Council’s rent received

Club’s rental received

1.

2011/2012

$16,047

$17,680

2.

2012/2013

$16,047

Nil

 

 

Social Considerations

 

As previously advised, the Club is struggling to deal with a number of major maintenance matters, and has been experiencing a decrease in membership numbers over a period of time, and concerns have been raised about its long term viability in continuing to operate as a bowling club.

 

As with other bowling clubs throughout the LGA, however, the Club provides a necessary social environment for its current membership of 117.

 

Environmental Considerations

 

There are no significant environmental considerations associated with the writing of this report as it deals primarily with the illegal tenancy of a Council facility and the status of Council land.

 

Community Consultation

 

There has been no community consultation undertaken in the writing of this report.

 

Public notice under Section 47 of the Local Government Act was made in relation to the whole of site lease according to Council’s resolution of 24 August 2010.

 

Council would undertake public consultation in relation to any subdivision, rezoning and reclassification of the cottage and its curtilage situate at 47 Warrane Road, East Roseville, should this be the outcome of this report.

 

 

 

 

 

Internal Consultation

 

Finance and Strategy and Environment officers have been consulted regarding the financial, zoning and planning matters referred to in this report.

 

Summary

 

On 24 August 2010 Council resolved to grant a new lease to the East Roseville Bowling Club. It was subsequently discovered that the Club had entered into an illegal tenancy agreement with another person/s to rent the cottage.

 

Following discussions with Council officers, the Club proposed they be granted a 20 year licence. The Club has also requested assurance from Council that income from the caretaker’s cottage be retained for a 20 year period. It was explained to representatives from the Club that this matter would be subject to a resolution of Council.

 

Council received legal advice about this matter, and was advised that it needed to take action to cease the current arrangement in relation to the cottage. Because of the situation with the tenancy in the cottage, Council cannot proceed with the Club’s whole of site lease as granted under the Council’s resolution made on 24 August 2010.

 

Council’s legal advice is not to grant a licence to the Club pending finalisation of the action contemplated by the Council resolution made on 24 May 2011. The Club should continue to hold over under clause 3.2 of the expired lease until the cottage is rezoned as residential.

 

While none of the 3 options now available are suitable to the Club, Council should make a decision whether to support the Club’s ongoing management until such time that the cottage is rezoned as residential under the comprehensive LEP.

 

Unfortunately the Club is focused on the need to maintain the income stream from the cottage rental rather than the Open Space land use restrictions.

 

Given the options available and in order to progress this matter after nearly 3 years, Council’s officers recommend Option 1, as it has the following advantages:

 

·    The Club can hold over under the expired lease’s terms and conditions;

·    The cottage’s tenancy agreement can expire on 30 June 2012;

·    There is enough time available for Council to finalise the cottage’s rezoning as residential under the comprehensive LEP without the necessity of the spot rezoning costs; and

·    The Club can continue its current operations

 

Recommendation:

 

A.       That Council not grant the East Roseville Bowling Club a whole of site lease at
47 – 49 Warrane Road, East Roseville.

 

B.       That Council excise the cottage and its curtilage situate at 47 Warrane Road, East Roseville from the whole of the site.

 

C.       That Council subdivide the cottage and its curtilage of 47 Warrane Road, East Roseville from Lot 33 in DP 3285 with a minimum lot size and a minimum street frontage of 18 metres.

 

D.       That Council in accordance with Part 3 of the Environmental Planning and Assessment Act 1979 (as amended) rezone the residential portion of 47 Warrane Road, East Roseville to
R2 Low Density Residential in the draft Ku-ring-gai Principal Local Environmental Plan.

 

E.       That the East Roseville Bowling Club hold over under clause 3.2 of the expired lease paying rental of $16,047 pa for the next 2 years pending the finalisation of the cottage’s rezoning as residential under the comprehensive LEP.

 

F.       That Council request the Club to agree to terminate the cottage’s illegal tenancy at the Club’s earliest opportunity.

 

G.       The Club retain the cottage’s tenancy rental income up until the termination date.

 

 

 

 

 

 

Mary McCafferty

Senior Leasing Officer

 

 

 

 

Mark Taylor

Manager Community & Recreation Services

 

 

 

 

Janice Bevan

Director Community

 

 

 

Attachments:

A1View

Letter to East Roseville Bowling Club dated 6/06/11

 

2011/117131

 

A2View

East Roseville Bowling Club's letter to Council dated 14 July 2011

 

2011/149208

  


APPENDIX No: 1 - Letter to East Roseville Bowling Club dated 6/06/11

 

Item No: GB.4

 

 

 

 

 

 

                                                                                                                          Reference: S07451

                                                                                                                                         2011/117131

                                                                                                                                          6 June 2011

 

 

Mr Roger Parkes

East Roseville Bowling Club

47 - 49 Warrane Rd

ROSEVILLE NSW  2069

 

Dear  Mr Parkes,

 

Re: Lease to East Roseville Bowling Club (the Club) – 47 to 49 Warrane Rd, East Roseville.

 

Council refers to the above matter and your letter of 19 May 2011 and notes that:

 

1.   The Recreation Existing 6(a) zoning prohibits a residential tenancy lease of the greenkeeper’s cottage (the cottage). Residential uses are not a permissible use in the Recreation Existing 6(a) zoning.  As such the current cottage use is prohibited under the Ku ring gai Planning Scheme Ordinance (KPSO);

2.   The Sports Facilities Plan of Management 2010 (the POM) which also governs the land’s use gives no permission for the cottage to be leased either as a residential cottage or for it to be used for residential purposes;

3.   The residential lease is in breach of clause 7.2 of the Council’s Policy for the Management of Community Land and Facilities (the Policy) in that no Expressions of Interest (EOI) was undertaken prior to the granting of a lease for a term greater than 12 months and to a party who is not a not-for-profit organisation;

4.   The sub-lease is not permitted pursuant to clause 7.1 of the current lease whereby the Club occupies the whole of the Club premises on a monthly holding over basis; and

5.   The sub-letting is void pursuant to section 47C of the Local Government Act 1993.

 

The Club will recall that on 24 August 2010 Council resolved to grant the Club a whole of site lease at 47 – 49 Warrane Rd, East Roseville for 5 years plus with 3 options of 5 years each giving a total term of 20 years.

During the new lease’s lengthy and extensive negotiations from October 2009 to July 2010, Council found out that despite the clause 7 of the lease prohibiting subleasing arrangements, the Club was found to be sub leasing the cottage to (it was thought) the Club’s green keeper employee and caretaker for $300 weekly ($15,600 pa) in the financial year 2008/09.

 

The Club advised Council that the Club required the cottage’s rental income to remain financial and that having the green keeper employee and caretaker onsite improves security for the Club. Accordingly, Council resolved to grant the new lease on what the Council now knows to be incorrect information in that the cottage’s sole tenant would not be the Club’s green keeper employee and caretaker.

 

Council's officers were present at the Club's lengthy lease negotiations. At no time was Council informed nor did Council consent to the cottage’s tenant being anyone other than a greenkeeper employee and caretaker and for there to be any sub sub tenancies.

 

In good faith, the Council instructed its solicitor to prepare the new lease agreement in accordance with the Council resolution made on 24/08/10. Council also invoiced the Club for its agreed leasing expenses and undertook the public advertising under sect. 47.

 

To comply with law Council requires that the cottage be vacated as soon as possible and remain vacant unless leased to an employee of the Club for purposes which include functions related to that employment.  In that way Council believes that a tenancy of the cottage may be lawful as a use ancillary to the recreation use of the land.

 

As an alternative the Council may be prepared to participate in the cottage and its curtilege being excised from the rest of the Bowling Club, rezoned for residential purposes and re-classified as operational land.  That would take some time and there are significant costs involved, but it may be the most effective way of ensuring a continuing income from the cottage for the Club.

 

Given the breaches of the KPSO, the POM, the Policy, the lease and the Local Government Act 1993, Council is unable to sign the lease until the cottage’s residential tenancy agreements terminates or expires and/or the tenants vacate.

 

In the circumstances, would you please arrange to call at Council’s chambers at a mutually convenient time to discuss the lease?

 

 

Yours faithfully,

 

 

John McKee

General Manager

 

 

 


APPENDIX No: 2 - East Roseville Bowling Club's letter to Council dated 14 July 2011

 

Item No: GB.4

 

East Roseville Bowling Club Limited

ABN 65 000 109 795

49 Warrane Road

East Roseville NSW 2069

Phone 02 9417 1502

e-mail e.r.b.c@bigpond.com

www.rosevillebowlingclub.com.au

 

 

 

 

 

 

14 July 2011

 

Mr. John McKee

General Manager

Ku-ring-gai Council

Locked Bag 1056

Pymble NSW 2073

 

Dear Sir,

 

Lease to East Roseville Bowling Club Ltd

 

We refer to correspondence in this matter and discussions with officers of Council.

 

The Club’s position in this matter was set out in detail in our letter of 19 May 2011.  (Copy attached)

 

The Club’s position is very straightforward:

 

1.   Security of tenure for 20 years from 1 July 2010.

 

2.   Retention of income from the cottage known as the greenkeeper’s cottage or an arrangement to compensate us for the loss of this income.

 

Subject to the above the Club will consent to any documentation required by Council to enable the site of the greenkeeper’s cottage to be excised from the area to be leased or licensed (we note that Council prefer a licence and the Club agrees to this).

 

We remain willing to discuss with Council, in good faith, any issues on this matter.  However, we are very concerned that Council has recently advised that the arrangement for the Club to receive the rent from the greenkeeper’s cottage will terminate on 30 June 2012 (the end of the current cottage tenancy agreement).  This matter was fully discussed at the meeting held on 16 June 2011 and the 2 Directors of the Club present at that meeting came away satisfied that the Club would continue to receive the income or its equivalent as it is integral to the Club’s present and future financial planning.

 

The Directors of the Club have a responsibility to their members to resolve this matter.  We emphasise that we have, at all times, made full disclosure to Council of all relevant matters (vide our letter of 19 May 2011).

 

We would therefore ask that you advise us in writing what Council is proposing in respect of the rent from the greenkeeper’s cottage.

 

We look forward to your response.

 

Yours sincerely,  

 

 

 

Roger Parks

Hon. Secretary.

 

 

Cc Ms Janice Bevan, Director Community Ku-ring-gai Council


 

Ordinary Meeting of Council - 23 August 2011

GB.5 / 330

 

 

Item GB.5

S05139

 

29 July 2011

 

 

Ku-ring-gai Youth Development Service Annual Fundraising Dinner

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To advise Councillors of a request from Ku-ring-gai Youth Development Service (KYDS) to purchase tickets for their Annual Fundraising Dinner at WatersEdge Restaurant on Thursday, 8 September 2011.

 

 

background:

Council has supported KYDS fundraising dinners annually for the past six years.

 

 

comments:

KYDS is a non-profit community organisation that provides a range of vital services for the young people and families of Ku-ring-gai.

 

 

recommendation:

That Council determine whether to purchase tickets for the KYDS fundraising dinner at WatersEdge Restaurant at $175.00 per person, or $1,750 for a table of ten.

 

 

 


  

Purpose of Report

To advise Councillors of a request from Ku-ring-gai Youth Development Service (KYDS) to purchase tickets for their Annual Fundraising Dinner at WatersEdge Restaurant on Thursday,
8 September 2011.

 

Background

 

Council has supported KYDS fundraising dinners annually for the past six years by purchasing up to two tables of ten - in 2010 Council purchased tickets for $2,800, and in 2009 Council purchased tickets for $2,600. Council has also provided financial assistance grants to KYDS over the past six years.

 

Comments

 

KYDS is a non profit community based organisation that provides a range of vital services for the young people and families of Ku-ring-gai.

The dinner, to be held at WatersEdge Restaurant, at Pier One, Sydney Harbour on Thursday 8 September, is the main source of funding for the service for the year.

 

The guest speaker is Queensland Representative Sprinter Glen Gerreyn. Glen changes young lives by bringing a message of hope to high school students, parents and teachers across Australia. He delivers leadership, personal development and values training to over 50,000 young people annually in over 200 Australian schools. For more information see Attachment A1.

 

Governance Matters

 

In accordance with Council’s ‘Policy for the Payment of Expenses and Provision of Facilities to Councillors’ Section 2.5 - Local Travel Arrangements, Attendance at Dinners and Other Non-Council Functions:

 

Council shall meet the cost of Councillors’ attendance at functions that are of a formal or ceremonial nature within the Sydney metropolitan area, including functions for charities, community service and sporting groups supported by Council or of which Council is a financial member. Council shall meet the cost of any component of the ticket to the function that is a donation to a registered charity but shall not meet the cost of any component of the ticket that is a donation to a political party, candidate’s electoral fund or other private benefit. Each Councillor is entitled to a maximum of $427 per year of term for external payments in respect of the types of expenses described in this paragraph

 

RISK MANAGEMENT

 

There are no significant risk management matters associated with this report.

 

Financial Considerations

 

Tickets for the dinner are $175.00 each or $1,750 for a table of ten. Should Council decide to support this dinner, funds are currently available in the Councillor’s expenses budget for this purpose.

 

Social Considerations

 

Attendance at the dinner will enable Councillors to meet other members of the community who support KYDS, it will also provide an opportunity for Councillors to discuss youth related matters with KYDS staff and youth counsellors.

 

Environmental Considerations

 

There are no significant environmental considerations associated with this report.

 

Community Consultation

 

There has been no community consultation associated with this report.

 

Internal Consultation

 

Staff from Civic and Corporate departments have been consulted in the writing of this report.

 

Summary

 

KYDS is holding its annual fundraising dinner at WatersEdge Restaurant on Thursday 8 September 2011. KYDS has requested Council purchase tickets for this dinner at $175.00 per head or $1,750 for a table of ten.

 

Council can determine if it wishes to purchase tickets, and if so, how many tickets for the dinner.

 

 

Recommendation:

 

A.      That Council determine whether to purchase tickets for the KYDS fundraising dinner at WatersEdge Restaurant at $175.00 per person, or $1,750 for a table of ten.

 

B.      That the KYDS management board be advised of the outcome of the Council decision.

 

 

 

 

 

 

Tiffiny Kellar

Manager Communications

 

 

 

 

Janice Bevan

Director Community

 

 

Attachments:

A1View

KYDS Fundraising Dinner Invitation 2011

 

2011/161889

  


APPENDIX No: 1 - KYDS Fundraising Dinner Invitation 2011

 

Item No: GB.5

 

 


 

Ordinary Meeting of Council - 23 August 2011

GB.6 / 334

 

 

Item GB.6

S08703

 

1 July 2011

 

 

Gordon Library Refurbishment

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To provide Council with an update on the Gordon Library Refurbishment project.

 

 

background:

Grant funding of $120K was received from the Federal Government for upgrades to the Gordon library. Further funding is also available from S94 reserves. The project currently has funds of approximately $500K.

 

In 2010, CK Design International (CK), was consulted to provide assistance with the refurbishment process and the design of a masterplan. Following due process CK were engaged to provide preliminary drawings and a project team was established.

 

 

comments:

Council has commenced a design process for the refurbishment of the ground floor and foyer of the Gordon library. A concept plan has been prepared and staff have been consulted and a working party has been established.

 

Consultants are now in the process of finalising a developed design concept prior to the commencement of construction drawings. This work is due for completion by the beginning of October 2011.

 

The final stage will be the construction tender which is anticipated to be completed by November 2011 with the results reported back to Council for adoption in December 2011.  At this stage construction is programmed to commence in January 2012, at a time that is least disruptive for the users of the library.

 

 

recommendation:

That Council receive and note this report.

 

 


  

Purpose of Report

To provide Council with an update on the Gordon Library Refurbishment project.

 

Background

 

Libraries are seen as an integral part of multipurpose community hubs. Ku-ring-gai Library Services provide four library services to the residents of Ku-ring-gai. The central branch is at Gordon, and smaller branches at Turramurra, St Ives and Lindfield. Each branch plays an important part in the literacy and educational needs of its residents. These community facilities are recognised as important gathering places and catalysts for activity and social interaction.

 

In 1994 the Gordon branch of the Ku-ring-gai library was officially opened and, at the time, represented state of the art library facilities and layout. With the exception of the IT room upgrade to the E-zone in 2007 and small cosmetic changes, the library floor plan has remained unchanged for the past 17 years. During this time, the library has experienced significant procedural changes, changes in technology, and high expectations for library services by the community as well as additional spaces required for social activities such as Baby Bounce, school holiday activities, increased usage by local students, Internet access (Free Wireless is available in the library) and also an increase in the use of local and family history resources.

 

In order to meet changing social and industry changes, it is proposed to conduct a refurbishment of the layout structure and facilities of the Gordon library.

 

In 2010, CK Design International (CK) was consulted to provide assistance with the refurbishment process and the design of a masterplan. Following due process CK were engaged to provide preliminary drawings and a project team was established. Grant funding of $120K was received from the Federal Government to assist in the process and further funding became available from S94 reserves. The project currently has funds of approximately $500K.

 

Comments

 

Although there is a reasonable level of satisfaction with the library service, there is also a clear identified need for further improvements. The provision of an increased range of programs and activities requires dedicated spaces for specialist purposes, and the further development of additional library resources such as community languages, learning English collections and collections for specific age groups. 

 

The refurbished library will include improved areas for children and youth, study rooms and a range of areas where people can meet, discuss, learn or simply enjoy the sense of community that will be recreated in a more modern, open and airy environment. The existing entry layout with separate entry and exit points will be revised with a consolidated entry/exit point and the existing staff area at the front relocated to provide a fresh and vibrant entrance to the library with clear visibility to key points within the library.

 

The new plan includes relocating the children’s area to a large corner in the library – this area is perfectly situated adjacent to the adult fiction area, this includes comfortable seating where both parents and children can be accommodated. 

 

The magazines, newspapers and audio collections will move to the open and sunlit area overlooking the Secret Garden. This area is directly underneath the light filled skylight which is perfect for sitting and reading.

 

The youth area will be accommodated with a new purpose built space to include booths (with access to the Internet), group and individual study spaces and also more modern and funky furniture and fittings.

 

Staff will be relocated in the library to a purpose built workroom which is ergonomically and OH&S configured. The current workspace has issues with manual handling and is poorly designed to cope with current workflows. It will be situated directly behind a new combined Loans and Enquiries Desk which will streamline the customer enquiries and loans workflows and make better use of staff time. This new position will also enhance security for staff with an enhanced line of sight throughout the library. Another positive aspect is the desk will be in plain view of patrons and lead them directly to the customer service area from the entrance.

 

Governance Matters

 

The process of engaging consultants has complied with Council’s Procurement Policy.

 

The tender stage of the project will be audited by Council’s Tender Review Committee (TRC). The TRC comprises Council’s internal auditor, a staff member from operations department, and a representative from the procurement team.

 

A Tender Evaluation Committee will also be established as required by Council’s Procurement Policy.

 

Risk Management

 

There are no major risks to Council at this stage of the process as this report is for information only.

 

A workplace risk assessment is currently being prepared on the changes to the Gordon library. The result of this process will be included in the final design documentation.

 

Financial Considerations

 

Council has secured a grant of $120K from the federal government to assist with the refurbishment. With the additional S94 funds from Council, the amount available for the project is approximately $550K.

 

Social Considerations

 

As with all libraries, community demands on library services at Gordon have increased not only in a strict library sense but also in the wider implication of serving the community as a place for social interaction. The increase in the local population has highlighted these matters. The Ku-ring-gai population continues to age, the community’s use of the library is changing and the increasing use of the library by HSC students add to the opportunities that the library faces. The notion of the library as a hub for social interaction is increasing and is becoming a vital aspect of service delivery.

 

The refurbished library will attract a greater slice of community attention when it is completed. It will take on the role of meeting place, community centre and information gateway. Libraries are important cultural institutions and the success of library developments in our neighbouring LGAs is a clear indicator for the potential of the Gordon Library. The newly refurbished library will be a contributor to Ku-ring-gai’s economy and a vital source of civic pride.

 

Environmental Considerations

 

The library refurbishment is designed to maximise the use and impact of existing elements with an emphasis on adaptive reuse. An example of this focus is the proposal to reupholster and reuse a large portion of existing seating in the new library configuration. In addition to this, the opportunity will be taken to re-examine the library lighting to determine the appropriateness of energy efficient lighting solutions.

 

The library’s position as an educational tool will be maximised with the proposed adoption of an ‘under the canopy’ theme. The most prominent aspect of this will be the new children’s area which will feature elements that enforce the value of our green character.

 

In terms of development approval for the project the State Environmental Planning Policy (Infrastructure) 2007 - Division 14 Public administration buildings and buildings of the Crown - Clause 77 (1)(a) identifies the work as Development permitted without consent:

 

“Development for any of the following purposes may be carried out by or on behalf of a public authority without consent:

(a) minor alterations of or additions to a public administration building such as internal fit outs, provision of access for persons with a disability, or for safety or security purposes.”

 

Community Consultation

 

The Gordon library is a strata title building with two occupants, namely Council and the NSW Police. Staff are currently consulting with NSW Police to notify and seek approval for the works.

 

Prior to construction commencing consultation with the community will be undertaken to advise of the work that is to be undertaken, construction dates and alternative arrangements for users of Gordon library.

 

Internal Consultation

 

A detailed consultation process has been conducted with library staff to establish current needs as well as future trends. In addition, a cross organisational team including staff from Strategy and Environment, Operations, Community and Corporate departments has been established to oversee the design and documentation process.

 

 

 

 

Summary

 

Council has commenced a design process for the refurbishment of the ground floor of Gordon library. A concept plan has been prepared and approved by the staff working party and library staff. The concept design for the proposed floor plan is included as Attachment A1.

 

Consultants are now in the process of finalising a developed design concept prior to the commencement of construction drawings. This work is due for completion by the beginning of October 2011.

 

The final stage will be the construction tender which is anticipated to be completed by November 2011 with the results reported back to Council for adoption in December 2011. At this stage construction is programmed to commence in January 2012, at a time that is least disruptive for the users of the library.

 

At this stage construction is programmed to commence in late January 2012 and run for about 3-4 months.

 

Recommendation:

 

That the Gordon Library Refurbishment report be received and noted.

 

 

 

 

 

 

Noa Tranter

Project Leader - Accommodation

 

 

 

 

Bill Royal

Team Leader Urban Design

 

 

 

 

Ray Amos

Manager Library Services

 

 

 

 

Janice Bevan

Director Community

 

 

Attachments:

A1View

Library Funiture Plan - Proposed

 

2011/072350

  


APPENDIX No: 1 - Library Funiture Plan - Proposed

 

Item No: GB.6

 


 

Ordinary Meeting of Council - 23 August 2011

GB.7 / 340

 

 

Item GB.7

S07453

 

5 August 2011

 

 

Licence to the St Ives Bowling and Recreation Club Ltd  -
100 Killeaton Street, St Ives

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To seek a resolution from Council to grant a 21 year licence excluding the public walkway to the St Ives Bowling and Recreation Club (the Club).

 

 

background:

On 22 February 2011 Council resolved to grant the Club a 21 year licence including the public walkway between Killeaton Street and The Village Green constituted the western boundary of the Club’s licenced area. Following detailed consultations with 5 adjoining owners, the Council’s and the Club’s officers propose to exclude the public walkway from the 21 year licence.

 

 

comments:

The St Ives Village Green Master Plan adopted on 11 May 2010, identified the public walkway as duplicating existing and proposed nearby pathways and where problems with anti-social behaviour occur. During the Section 47 Public Notification period, objections were received disputing, among other things, the duplication of pathways and the anti-social behaviour. Following Council’s detailed consideration of the objections together with the consent of the Club and the adjoining owners, Council considers that the public walkway should be excluded from the Club’s 21 year licence.

 

 

recommendation:

That Council grant a 21 year licence excluding the public walkway to the St Ives Bowling and Recreation Club.

 

 

 


  

Purpose of Report

To seek a resolution from Council to grant a 21 year licence excluding the public walkway to the St Ives Bowling and Recreation Club (the Club).  

 

Background

 

In August 1959 a licence was granted to the Club, for occupation and use of the land for a bowling club for 50 years. This agreement expired in August 2009, however, by operation of law, it remains valid until a new agreement is created.

 

In anticipation of the expiry of their licence agreement, the Club approached Council in early 2008, requesting that a licence for the maximum term allowable be granted. The maximum term under the Local Government Act (NSW) 1993 is 21 years.

 

Investigations by Council staff have confirmed that a licence agreement, in place of a lease, be offered to the Club, given the zoning of the St Ives Village Green. The zoning - Open Space 6(a), Recreation Existing, does not permit subdivision. The land licenced to the Club is described as Part of Lot 3 DP 219148, and the proposed licence agreement will be described as the same.

 

Comments

 

During the Section 47 Public Notification period from 4 March to 1 April 2011, an adjoining owner’s objection was received disputing, among other things, the duplication of pathways and the anti-social behaviour. Following Council’s detailed consideration of the objection together with lengthy consultations with 4 other adjoining owners and the Club, all parties agreed that the public walkway should be excluded from the Club’s 21 year licence. Council’s detailed consideration included:

 

·    A partial closure to the walkway from the top at Killeaton Street to the half way mark where the double gates are located. However, the 5 adjoining owners and the Club did not support a partial closure of the public walkway; and

·    The fact that the Masterplan’s alternate pathways have not as yet been constructed and therefore do not currently represent a duplication.

 

Contrary to previous advice given to Council at community meetings, the Club and the adjoining owners now advise that the anti-social behaviour along the public walkway is no longer a security issue.   Also, they felt that any measures that the Council undertook by way of fencing off the public walkway would not prevent vandalism.

 

Governance Matters

 

On 22 February 2011 the Council resolved to grant the Club a 21 year licence including the public walkway.

 

Following the public notification, Council received an adjoining owner’s objection. After detailed negotiations with the 5 adjoining owners and the Club, both parties and Council have agreed to exclude the public walkway from the Club’s licensed area.

 

Risk Management

 

The Club is to procure its own building and property insurance, together with $20 million Public Liability. The Club is to fully indemnify Council against personal and property damage on the licensed area. Evidence of currency is to be supplied annually to Council.

 

Financial Considerations

 

The Department of Local Government (DLG) has implemented a rental formula for the assessment of bowling clubs rents (the DLG bowling club formula). The DLG bowling club formula uses a ‘base factor’ which represents the current average value of unimproved residential sites, or the land value of low, medium and high density development sites. The rate is then applied to the individual components which comprise a bowling club, and then a percentage of each total is applied in accordance with the formula, to arrive at an annual rental. A summary of the formula is as follows:

 

·    Base factor Rate/m2 x Clubhouse site area (regardless of the size of such site) 4% of this amount is adopted.

Plus

·    Base factor Rate/m2 x car parking area (regardless of the size of such site) 4% of half of the base factor this amount is adopted ie 2%.

Plus

·    $20 per annum per Bowling Green

 

Note: where the Club is not licenced then the clubhouse site and parking area components will be respectively 4% of 30% of the Base factor rate/ ms.  The Club is licenced.

 

The agreed licence fee is as follows:

 

Full licence fee                                          $ 48,060.00

Rebate for year One 80%                          $ 38,448.00

Licence fee for year One                          $   9,612.00   Exclusive of GST

 

The licence fee is to be increased by a flat rate of 3% per annum, on the anniversary of the commencement date.

 

On the 6th, 11th and 16th anniversary of the commencement date of the licence, a market review will be conducted and the rental amount will be adjusted accordingly.

 

As the DLG bowling club formula uses a base formula regardless of the size of a site, whether or not the public walkway is included or excluded in the licenced area, the rental will be the same.

 

Social Considerations

 

The Club has been providing a valuable community service since 1959. A key component of providing this community service is the security of tenure.

 

With security of tenure for 21 years, the Club will continue its occupation of its current site on Council’s land with no disruption to this significant community service.

 

The Club has 750 members and boasts an enviable record of achievement in district and state events.

 

Environmental Considerations

 

Under the licence’s terms and conditions, the Club is to provide Council with evidence of environmental compliance on an annual basis.

 

Community Consultation

 

Detailed consultation was undertaken with 5 adjoining owners and the Club. Broader community consultation is not required for this process prior to Council resolution. Once Council resolves to grant the proposed licence, the public will be notified of Council’s intention to grant a long term licence in accordance with s 47 (1) a of the LG Act.

 

Internal Consultation

 

Strategy and Environment staff have been consulted regarding the Master Plan and have been part of the ongoing detailed negotiations with the 5 adjoining owners and the Club.

 

Summary

 

The Club has occupied a site on the St Ives Village Green for over 52 years – a new licence for this site is now due. At present the Club consists of 750 members, and provides an integral service to the local residents.

 

The Club is eager to have the licence granted expediently to evidence long term tenure in order to procure finance, grants and sponsorship in order to achieve a number of proposed capital improvements.

 

The information provided to Council by the Club, shows the Club’s compliance with Council’s requirements to licence, and, that the Club is able to undertake its obligations to Council under the terms of the proposed licence agreement, ensuring the long term provision of this service to the community of Ku-ring-gai Local Area.

 

Recommendation:

 

A.       That Council resolve to grant a 21 years licence excluding the public walkway to the St Ives Bowling and Recreation Club Ltd.

 

B.       That Council give public notice of 28 days of its intention to grant a licence agreement to the Club, in accordance with S47 of the LG Act.

 

C.       That under their delegated powers, the Mayor and General Manager affix Council’s Seal and sign and execute the licence documentation.

 

D.       That Council reserve the right to pursue the closure of the public walkway if considered appropriate following construction of alternate pathways in accordance with staged implementation of the St Ives Village Green Masterplan.

 

 

 

 

 

 

Mary McCafferty

Senior Leasing Officer

 

 

 

 

Mark Taylor

Manager Community & Recreation Services

 

 

 

 

Janice Bevan

Director Community

 

 

 

  


 

Ordinary Meeting of Council - 23 August 2011

GB.8 / 345

 

 

Item GB.8

S07471

 

8 August 2011

 

 

Lifeline H2H Inc. - Lease issues

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To update Council on the progress and option to grant a lease to Lifeline H2H Inc (Lifeline) for the Community building at 4 Park Avenue, Gordon and to seek a resolution on the option for an exclusive lease.

 

 

background:

Lifeline occupies the former Gordon library building under the holding over clause 14 of the expired lease. Council officers in discussing the renewal options with Lifeline have considered the growing request for services requires the consideration of an exclusive lease to Lifeline. The relevant POM is the Community Halls and Meeting Rooms Plan of Management adopted on 17 October 2001 however to enter into a lease agreement a revision of the shared usage would be required before proceeding.

 

 

comments:

Lifeline's services have grown to the capacity of the building and the Council need to consider the usage changes in adopting a recommendation that would support Lifeline on the site adequately over the next
5-10 years or to limit the growth of exclusive services from these premises.

 

Any grant of a lease of the Premises must be consistent with the core objectives of the land’s categorisation by the POM and for the purposes authorised.

 

 

recommendation:

 an exclusive occupancy lease with Lifeline H2H Inc. by updating the Community Halls and Meeting Rooms Plan of Management adopted on 17 October 2001.

 

 

 


  

Purpose of Report

To update Council on the progress and option to grant a lease to Lifeline H2H Inc (Lifeline) for the Community building at 4 Park Avenue, Gordon and to seek a resolution on the option for an exclusive lease.

 

Background

 

Council is the owner of Lot 11 in DP 852087 being the land situate at 4 Park Avenue, Gordon (the Premises). The Premises has an area of 2,697sqm. It is classified as Community Land. A copy of the plan of Lot 11 DP 852087 is attached in Attachment A1.

 

Lifeline has occupied the Premises since 1991 operating its Harbour to Hawkesbury Centre (North Sydney through to the Hawkesbury River). In 1993 Expressions of Interest were sought from user groups after the Gordon Library vacated. On 14 June 1994 Council resolved to, among other things, grant a 10 year head lease to Lifeline, with Lifeline to hire out the ‘multi-user space’ to other user groups and to re-name the former Gordon Library building as the “Ku-ring-gai Council Gordon Community Centre”. Accordingly, a document titled “Management Plan of the Ku-ring-gai Council Gordon Community Centre” was adopted by Council on 14 August 1994, this is not the Plan of Management but rather addressed the shared use arrangements.

 

In March 2005 Hornsby Ku-ring-gai Lifeline and Community Aid Inc. changed its name to Lifeline Harbour to Hawkesbury Inc, also know as Lifeline H2H.

 

From the premises, Lifeline operates its 24-hour telephone counselling for people in need and a range of related face-to-face services including:

 

·    Face-to-Face counselling

·    Gambling Counselling

·    Suicide prevention programs

·    Suicide Bereavement Support Group

·    Men's Anger Management Course

·    Partners in Depression Group

·    Emergency relief (Hornsby & Ku-ring-gai residents)

·    Support Line

·    Community Aid

 

Lifeline also operates from the premises telephone counsellor training courses covering a variety of communication and counselling skills, with both theoretical and experiential components.

Lifeline has over 350 staff and volunteers, with all but 16 team members being unpaid, and every member of staff also volunteers in some capacity.

 

Lifeline deals with people coping with many problems: suicide, grief & loss, relationship or family breakdown, depression, financial struggles, anger or violence, problem gambling, and loneliness.

 

In accordance with the shared use arrangements of the building Lifeline advises that the multi-user space is currently occupied by the following 2 other user groups:

 

1.   The University of the Third Age thrice weekly during school terms and in the day from 10.00am – 12.00pm and 1.00pm – 3.00pm; and

2.   Grow (a hydroponics group) once a month on a Saturday during school terms for 1 hour.

 

Council officers and Lifeline have been in discussions to reach agreement on a new licence for the use of the premises. During discussions it has become clear that the growth of Lifeline’s services warrants the consideration of an exclusive lease of the building.

 

 

Comments

 

Lifeline's services have grown to the capacity of the building and the Council need to consider the changes in adopting a recommendation that would support Lifeline adequately over the next 5-10 years or to limit the growth of exclusive services from these premises.

 

For Council to enter into a lease (exclusive) as a community service there are 3 major considerations. These are a Development Approval, agreement to lease, and approval under the Plan of Management of the lease arrangements .

 

Since the original lease was signed with Lifeline over 16 years ago, there are now with Council many more halls and meeting rooms available namely the former training rooms now Meeting Room 2. Subleasing is now prohibited under the Community Leasing Policy, which is causing difficulties with Lifeline’s current arrangements (lease and access for permanent hirers). Additionally, over the years, the level of shared use of the premises has reduced considerably.

 

The relevant POM is the Community Halls and Meeting Rooms Plan of Management adopted on 17 October 2000 (the Community Halls POM).

 

The Plan of Management now requires revision to allow an exclusive lease, then re-adoption by Council. Without Community Halls POM being updated and re-adopted to include the premises, Council is unable to grant any lease (exclusive or otherwise) of the Premises to Lifeline.

 

Development Approvals

 

Under DA4155/94 dated 22 March 1995 and the expired lease, Lifeline was granted exclusive use of ½ of the Premises as its designated area and shared use of the other ½ of the Premises with multi-user space. 

 

Under DAMOD192/10 dated 23 December 2010, Lifeline was granted exclusive use of the whole of the Premises. Following the DA4155/94 and DAMOD192/10, Lifeline expended substantial capital in renovating the Premises.

 

The DAMOD192/10 permits Lifeline’s exclusive use of the Premises. However, the right to occupy the Premises the subject of DAMOD192/10, is dependent upon the terms of the expired lease.  The expired lease doesn’t permit exclusive occupancy. 

 

With the multi/shared permitted use under the expired lease being inconsistent with the exclusive use in DAMOD192/10, Council seeks to rectify the inconsistency.  Council’s legal advice is that in similar cases, the lessee will be required to pay rent notwithstanding that a DA has not been obtained for its intended use so that carrying out the use permitted by the lease would be unlawful. However, before rectifying the inconsistency, the Premises must be covered by a POM.

 

Governance Matters

 

By resolution of Ordinary Meeting of Council on 14 June 1994 Council resolved to, among other things, grant a 10 year head lease to Lifeline, with Lifeline to hire out the ‘multi-user space’ to other user groups and to re-name the former Gordon Library building as the “Ku-ring-gai Council Gordon Community Centre”.

 

Risk Management

 

Lifeline will be required to procure its own building and property insurance, together with $20 million Public Liability under the proposed lease.  Lifeline is to fully indemnify Council against personal and property damage on the Premises.  Evidence of currency is to be supplied annually to Council.

 

Financial Considerations

 

Council Officers have recommended the Community Halls POM be revised and re-adopted by Council, rather than develop a site specific POM for the Premises, which is costly and time consuming.

 

Social Considerations

 

Lifeline has been providing a valuable community service since 1991. A key component of providing this community service is the security of tenure.

 

With security of tenure in the proposed exclusive lease permitted by the up-dated Community Halls POM, Lifeline will be able to occupy the Premises exclusively with no disruption to this significant community service.

 

Given the passage of time since the expired lease was entered into on 1 January 1996, the following has occurred:

 

1.   There are several rooms now available for permanent and casual hire to user groups such that the demand for the multi user space at the Premises has diminished; and

2.   Council’s Policy for the Management of Community and Recreation Land and Facilities (the Policy) current prohibits sub leasing in clause 8.5 on page 29.

 

The University of the Third Age and GROW would need to be found alternative meeting spaces should the access to the Lifeline training rooms be removed with a lease agreement. Both of these user groups could be accommodated close by in the new meeting rooms adjacent in the Gordon Library or at another Council hall or meeting room.

 

Environmental Considerations

 

Under the proposed lease terms and conditions, Lifeline is to provide the Council with evidence of environmental compliance on an annual basis.

 

The POM of the Premises will be addressed by the updated Community Halls POM.

 

Community Consultation

 

No consultation is required for this process prior to Council resolution. Once Council resolves to update the Community Halls POM public consultation will occur under the LG Act.

 

Internal Consultation

 

Officers from the Council’s Strategy department have been consulted in the writing of this report.

 

Summary

 

Lifeline has been in occupation of part of the premises since 1991. Due to the continual expansion of its services, Lifeline is now at a point that the service requires exclusive occupancy.  Further as Lifeline deals with people with many problems, and the nature of Lifeline’s services this supports exclusive occupancy. Lifeline is still happy to make the training area available for other groups but there are difficulties in formalising such sub-leasing arrangements.

 

Lifeline’s tenure is holding over under an expired lease that needs to be addressed. Until the intended lease can be approved under the POM, the Lifeline lease cannot be renewed.

 

Lifeline would like to formalise its continued occupation by renewing its lease. The information provided to Council by Lifeline, shows Lifeline’s compliance with Council’s requirements to lease.

 

Lifeline has also shown that it is able to undertake its obligations to Council under the terms of the proposed lease, ensuring the long term provision of this valuable service to the community of
Ku-ring-gai Local Area.

 

 

Recommendation:

 

A.       That Council continue the holdover arrangements of Lifeline H2H while progressing the granting of a long term rental occupancy agreement to Lifeline H2H Inc. at 4 Park Avenue, Gordon.

 

B.       That Council resolve to update the Community Halls and Meeting Rooms Plan of Management adopted on 17 October 2000, to include the community land site to be occupied by Lifeline H2H Inc. at 4 Park Avenue, Gordon.

 

C.       That a further report come back to Council on Community Halls and Meeting Rooms Plan of Management for public exhibition and subsequently a report on the rental occupancy agreement for Lifeline H2H Inc. at 4 Park Avenue, Gordon.

 

 

 

 

 

 

Mary McCafferty

Senior Leasing Officer

 

 

 

 

Mark Taylor

Manager Community & Recreation Services

 

 

 

 

Janice Bevan

Director Community

 

 

 

Attachments:

A1View

Location sketch of Lot 11 in DP 852087 - 4 Park Ave Gordon

 

2011/169071

 

A2View

Management Plan Ku-ring-gai Council Gordon Community centre adpoted on 14/08/95

 

2011/121860

  


APPENDIX No: 1 - Location sketch of Lot 11 in DP 852087 - 4 Park Ave Gordon

 

Item No: GB.8

 


APPENDIX No: 2 - Management Plan Ku-ring-gai Council Gordon Community centre adpoted on 14/08/95

 

Item No: GB.8

 




 

Ordinary Meeting of Council - 23 August 2011

GB.9 / 354

 

 

Item GB.9

FY00467/1

 

19 July 2011

 

 

2010 to 2011 Budget Review -
4th Quarter ended June 2011

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To report on the review of actual expenditure and income against the budget for the year ended 30 June 2011.

 

 

background:

This review analyses the financial performance of the Council for the year ended 30 June 2011.

 

 

comments:

This report compares the actual versus budget resulting in a surplus variance of $5,490,744.  A detailed 2010/11 project status report is included.

 

 

recommendation:

That the Budget Review be received and noted.

 

 


  

Purpose of Report

To report on the review of actual expenditure and income against the budget for the year ended 30 June 2011. 

 

Background

 

In accordance with Part 9, Division 3, Clause 203 of the Local Government (General) Regulation 2005 (“The Regulation”), a budget review statement and revision of the estimates of income and expenditure must be submitted to Council within two months of the close of each quarter.

 

The Regulation requires that the quarterly financial review must include the following:

 

·    The original estimates of income and expenditure.

 

·    A revised estimate for income and expenditure for the year

 

·    A report as to whether or not such statements indicate that the financial position of the Council is satisfactory and if the position is unsatisfactory, make recommendations for remedial action.

 

As this report is the final review for the year it is not appropriate to request a revised estimate for income and expenditure for the year.

 

The annual Financial Statements are currently being prepared and are subject to final adjustment and audit. A separate report will be presented to Council on the 20th September 2011, identifying unspent operational and capital budgets to be carried forward to 2011/12.

 

At the Council meeting held on 8th June 2010, Council adopted the 2010-2014 Delivery Program & Operational Plan, which incorporated the annual budget for Council for 2010/2011.  The resolution adopting this Management Plan was under Minute 271.

 

 

Comments

 

General Budgetary Position

 

This review analyses the overall financial performance of Council by responsibility centre comparing actual expenditure and revenue against budget as at June 2011.

 

It should be noted that Council’s annual financial statements are still subject to final adjustment and audit and as such the figures shown in this report may vary as a result of completing the end of year accounts and reserve funding movements. A report on the final result for the year will be presented to Council with the financial statements on 11th October 2011.

 

The operating result for the 2010/11 financial year was a surplus of $22,210,844 compared to a budgeted surplus of $16,720,100 resulting in a positive variance of $5,490,744.

 

 

The majority of the variation is in relation to additional S94 contributions which were $3.7 million over budget.

 

In terms of variations that are associated with restricted assets, Domestic Waste ended the year with a positive variation of $822,969. Restricted Sec 94 interest ended the year with a negative variance of $116,167. In addition, there was a negative variation for both Internally Restricted interest of $73,751 and Infrastructure Restorations of $12,239. As all these amounts are restricted to reserves, it is appropriate that they are removed from the budgetary variance. This results in an adjusted operating surplus of $980,396.

 

The table below details a breakdown of the budget result for directly controlled income and expenditure (excludes capital income and depreciation).

 

 

 

 

 

 

 

 

 

 

 

COUNCIL

Original Budget

Actual

Budget

Variance

Income

90,051,300

93,978,193

93,142,400

-835,793

Expenditure

71,346,900

70,260,285

71,025,700

765,415

Operating Result - Directly Controlled

18,704,400

23,717,908

22,116,700

-1,601,208

Less : Domestic Waste Management

 

 

 

822,969

Plus: Internally Restricted Interest

 

 

 

-73,751

Plus: Restricted Sec 94 Fund Interest

 

 

 

-116,167

Plus : Infrastructure Restoration

 

 

 

-12,239

Adjusted Operating Result - Directly Controlled

 

 

 

-980,396

 

 

Although a surplus of $980,396 has been achieved it should be noted that the first instalment for the 2011/12 Financial Assistance Grant was received in June, inflating the result by $817K. This means that the operating budget has recorded a surplus of approximately $163K for the year. Explanations for variances for each department are provided later in this report.

 

Available working capital is still to be determined as end of financial year processes are not yet finalised.

 

Variations at a Departmental level are highlighted in the table below:

 

DEPARTMENT

Original Budget

30 June Actual

Revised Budget

Variance

Civic

1,619,200

1,645,837

1,681,200

35,363

Community

5,992,300

6,469,090

6,280,300

-188,790

Corporate

-52,913,900

-64,774,395

-59,363,000

5,411,395

Development and Regulation

3,524,400

3,829,454

3,562,900

-266,554

Strategy

3,268,800

3,462,137

3,657,200

195,063

Operations

22,480,900

28,982,601

28,464,800

-517,801

Waste Management

-1,086,700

-1,825,569

-1,003,500

822,069

 

-17,115,000

-22,210,844

-16,720,100

5,490,744

 

Civic

 

Civic was $35K under budget.  This variance is mainly attributable to an underrun in catering and Councillor training costs for the year.

 

Community

 

The Community end of year result was $189K over the revised budget, which, based on an overall budget of $11.9M, represents a variation of 1.6% of the total budget.

 

Factors contributing to this result are spread across the seven responsibility areas and relate primarily to user fees, employee costs and contractors and materials.

 

The Gordon Golf Course actual rounds were impacted by the Sewer Mining and Irrigation works and wet conditions from March to July. The underrun in user fees for sportsgrounds is attributable to the sports field reconstruction projects with closures at Lofberg, Comenarra and Roseville Parks over the past 12 months. This had led to a decrease in the availability of total facility booking hours for sporting clubs.

 

Community Development was $90K below the revised budget and this was due to increased income from Council’s children’s facilities, senior’s facilities and programs. There were also savings in salaries, materials and contracts and operating expenses across a number of cost centres within Community Development.

 

A variance of $39K in Customer Service was due to staff secondment to IT projects and casual staff were used to fill vacancies.

 

Library Services was over budget by $62K due to increased employee costs for casual salaries, and unexpected repairs to the Gordon library air-conditioning system which accounted for an additional $16K.

 

The increase in Community program fees of $32K in Cultural Services was due to a higher than anticipated participation in the school holiday programs with a surplus of over $5K. Similarly, an increase in user fees of $27K for the Active Ku-ring-gai program reflected an improved participation rate in that program. The Art Centre user fees end of year result was $60K better than expected with a total surplus of $26.

 

Development & Regulation

 

Development and Regulation was $266,554 over budget, with the following variations:

 

Employee costs were $16,582 over budget due to a combination of factors including low turnover for the year, staff not fully taking their leave entitlements during the year, minor overruns across the department in non-salary items such as overtime, casual staff and on-costs.

 

The balance was mainly the result of the following variations:

 

Regulation

·    Parking fines $58,821 under budget

 

This variation was attributable to staff turnover in the Parking Ranger team and delays in filling two vacated positions.

 

Compliance

·    Legal costs $88,548 over budget

 

This variation is as a consequence of the additional costs brought about by increased detection and enforcement/prosecution of unlawful construction and development activity.   

 

Development Assessment

·    Legal (Land and Environment Court appeal) costs $118,067 over budget

·    DA income $27,050 under budget

·    DA notification fee income $17,412 under budget

·    S96 income $12,656 under budget

 

The variation in legal (Land and Environment Court appeal) costs was attributable to a number of complex appeals that were largely outside of Council's control and required considerable input from external experts. These include:

 

·    1/763 Pacific Highway, Gordon

·    325 Mona Vale Road, St Ives

·    6 Shinfield Avenue, St Ives

·    35-41 Billyard Avenue, Wahroonga

 

The shortfall in DA and S96 income, is a direct consequence of the continuing economic downturn which has resulted in a reduced number of applications being lodged for major developments.

 

Corporate

 

The overall result for the Corporate Department was a positive variation of $5.4 million. However when allowing for variations for depreciation and income and expenditure related to reserves, the variation in terms of general revenue was a surplus of $656K.

 

Major variations are as follows:

 

·    S94 contributions were $3.7 million over budget due to more developer contributions being received than anticipated. $12.8 million was collected against a revised budget of $9.1 million. This income is externally restricted so does not effect Council’s Working Capital balance.

 

·    Profit on Sale of Assets was $347K over budget due to the book value of assets that were disposed being lower than anticipated. As this variation is due to non-cash transactions, it does not affect Council’s Working Capital balance.

 

·    Interest on investments was $147K under due mainly to the revised budget from March 2011 being over estimated, as it was based on actuals as at 31 March. Also, term deposit rates have been lower for renewed investments. The vast majority of the underrun is associated with interest allocated to reserves so has an immaterial impact on working capital.

 

·    Grant income was $818K over budget due to the first quarter 2011/12 Financial Assistance Grant payment being received in June.  The result of this is that Council’s working capital will be boosted by $818K at year end and an adjustment to the 2011/12 budget in the first quarter review will be required to account for this anomaly.

 

·    Employee costs were $180K under budget mainly due to a salaries and wages contingency budget of $200K not being required. This budget is utilised for unexpected costs such as higher than anticipated award increases, increased workers compensation costs or under recovery on on-costs. None of these circumstances arose in 2010/11 therefore the funds were not required to be allocated.

 

·    Materials and Contracts was under budget by $174K mainly due to less use of consultants than anticipated and using in-house resources for scanning documents in Records. The archiving budget was also underspent due to the deceleration of the archives project over the period January to July 2011.

 

·    Other Operating expenditure was under budget by $231K with following major variations:

 

Insurance - $105K

Advertising Recruitment - $25K

Postage Costs - $20K

Rates Issue Costs - $14K

Computer Licence Fees - $14K

 

Strategy

 

Strategy was $195,063 under budget overall.  Standout items were additional income in the Strategic Asset & Property Management program largely related to additional income from low impact telecommunications sites, though this was partially offset by additional costs associated with maintenance of the Council administration building.

 

There are a number of minor areas of variances in Employee Costs across the Department generally balanced by an increase in Materials and Contracts where consultants were engaged to ensure delivery of major program elements.

 

Operations

 

Operations were $542,838 over budget for the financial year compared to the revised budget. This represents a variation of less than 2% of a total revised budget of $28,464,800. However, it should be noted that previous quarter adjustments were made to reduce the budget as it was expected that the restoration income would be realised. The main reasons for the over expenditure related to increased street lighting charges, lower than expected restoration income and higher than expected fuel and insurance costs.

 

Below is a summary of the results for each of the responsibility areas:

Bushland maintenance $98K under – due to staff vacancies.

Trade services $129K over – due to increased reactive maintenance.

Depot support $125K under – due to payment for bus shelter advertising.

Fleet $103K over – due to higher than expected repairs and fuel costs.

Road maintenance $571K over – lower than expected revenue for restorations as Council is awaiting for major utility works to be finalised such as Ausgrid’s upgrade works.

Management support $247K over – due to increased street lighting charges.

Nursery $32K under – due to a higher than expected income.

Parks maintenance $53K under – mainly due to staff vacancies.

Sportsfield maintenance  $65K over – due to staff vacancies

Tree maintenance $45K over – due to increased use of contractors.

Street Sweeping $196K under – due to staff vacancies.

 

The Domestic Waste Management budget was $817K under budget. This was due to lower than expected contractor costs and tipping charges. The trade waste budget was $5k under budget which is insignificant.

 

Attachment A1 to this report provides a summary of variances with their comments at the Responsibility Centre level.

 

Comments on Responsibility Centre variances are provided when:

 

(a) actual expenditure is more than $10,000 under the approved (revised) annual budget or (b) if actual expenditure is more than $10,000 over the approved (revised) annual budget.

 

(c) actual revenue is more than $10,000 over the approved (revised) annual budget or (d) if actual revenue is more than $10,000 under the approved (revised) annual budget.

 

Projects 2010/2011

 

Actual expenditure for projects for the year ended 30 June 2011 is $38,036,645 against the revised budget of $53,005,100.  This leaves unspent funds of $14,968,455 or 28% for the year.

 

Project variations at a department level are as follows:

 

 

PROJECTS 2010/2011

DEPARTMENT

Actual

Rev Budget

Variance

 

$

$

$

Community

944,463

1,433,200

-488,737

Corporate

836,164

864,600

-28,436

Development & Regulation

46,711

52,200

-5,489

Strategy

17,110,432

25,575,900

-8,465,468

Operations

18,662,472

24,470,200

-5,807,728

Waste Management

436,403

609,000

-172,597

TOTAL EXPENDITURE

38,036,645

53,005,100

-14,968,455

 

 

A detailed project status report is attached which comments on the status of each individual project (Attachment A2).

 

Operations Projects

 

The majority of the capital works projects were completed within the financial year however, some projects are required to be carried forward due to various reasons as listed below:

 

·    Roads                $623K over budget.

 

The road works program was completed and over budget due to higher than expected expenditure on a number of projects and problems with the sub grade material on a number of jobs including Clanville Road. The over expenditure will be sourced from the 2011/12 budget.

 

 

 

·    Footpaths                    $45K over budget.

 

Works have been completed at Lady Game Drive Shared Cycleway, Bobbin Head Road, Malga Avenue, Grosvenor Road, De Burgh Road and Diana Avenue. The program was fully expended.

 

·    Traffic Facilities         $429K under budget.

 

Works completed included the pedestrian refuges at Yanko Road, Grosvenor Road and Woodlands Road. The Blackspot treatment at junction Road was also completed. There is a need to carry forward funds for Woodbury Road for traffic devices.

 

·    Drainage                     $124K under budget.

 

Major drainage works were completed at Canoon Road with works starting at Oliver Road. The contract for environmental management continued with the servicing of stormwater pollution control devices. Also, a number of minor drainage works were undertaken to overcome the issues associated with the storms in February 2010.

 

·    Sportsfields                $125K under budget.

 

Works on the upgrade to Comenarra Oval and Roseville Chase Oval have been completed. Work commenced on Edenborough Oval and the installation of flood lighting was completed for Allan Small Oval.

 

·    Sports Courts             $12K over budget.

 

Works were completed at Canoon Road netball courts and also at Hamilton Park and Turramurra Park. The upgrade to the disabled toilets at Canoon Road was also completed.

 

·    Sewer Mining             $1.138M under budget.

 

Works on the Gordon sewer mining project is now complete and the construction of the North Turramurra sewer mining plant is nearing completion.

 

Funding for a number of projects will need to be carried forward to allow completion of several works, such as:

 

-     The North Turramurra sewer mining plant which is likely to be finished by October.

-     The new SES/RFS building where designs have been completed and almost ready to submit a DA. When the DA is lodged it is planned to call tenders for construction.

-     Koola Oval reconstruction.

-     The depot construction has commenced and surplus funds will be carried forward. A report on the contamination issue and the legal advice will be presented to Council as soon as the advice is received.

 

Strategy Projects

 

There are minor carry forwards proposed in the Urban Planning projects budget relating to the Principal LEP and the reclassification of Council owned lands.  Council has been kept informed of the progress of both matters.

 

The Echo Point Sea Wall Restoration has been delayed to prepare Heritage Impact Statement and REF before approval from NSW Maritime is given for the works (Heritage Listed in SREP 23). Documents under preparation.

 

The environmental levy was underspent by $ 890,700. Of note were delays to four large projects due to unforeseen circumstances, these are now rectified and scheduled for works or nearing completion in August 2011.  The projects include:

 

·    Sustainable Energy Generation  PJ 101592 was delayed to come in line with Council’s  ordinary maintenance program;

·    Golden Jubilee and surrounds Mountain bike facility  PJ101595 was delayed due to wet weather;

·    Golden Jubilee leachate project delayed due to contractor issues; and

·    Alan Small stage two delayed to be in line with Alan Small Oval upgrade project.

 

There are carry forwards in relation to the B2 land subdivision project arising from delays in the resolution of land classification.  The draft LEP was referred to the Planning Assessment Commission by the new State Government given the multiple roles of the former Minister in the planning process. These issues are expected to be resolved in the first quarter of 2011-2012.

 

Council has continued the process of acquiring properties identified in the Open Space Acquisition Strategy, acquiring properties in Turramurra, Killara and St Ives for open space as well as land in Gordon and Pymble as future roads.  A number of these acquisitions had exchanged but not settled by the end of the financial year, giving rise to significant under expenditure. These acquisitions have now been completed. A detailed report on section 94 projects was considered by Council at its meeting of 19 July 2011 (Minute Number 220).

 

Corporate Projects

 

Projects in Corporate were under budget by $28K. The majority of the variance is associated with OH&S projects budget due to the delayed implementation of a behavioural safety/human error program called Safestart. As the program is planned to be delivered to around 160 staff it has taken significant time to schedule training sessions.

 

Community Projects

 

The State Library provides funding for library expenditure on matters such as technology, promotion and buildings. This is an annual payment, currently set at $67,530 which may be carried through financial years. Currently 60% of these funds have been spent on partial refurbishment at Lindfield, St Ives and Lindfield branches as well as subscriptions to WiFi and Yourtutor. The remaining funds will be spent during 2011/12 on refurbishing and rebranding the branches. The library received a federal government grant of $120K to assist with refurbishment of the Gordon branch. It has not been spent but will need to be expended by the end of 2011 under the terms of the grant. Each year the library receives project funds to purchase library books and other items. This year it was $584K of which 99.8% was spent.

 

The Wildflower Garden Kitchen was completed early August 2010. From the $150K RLCIP round of Infrastructure Grants, the Tulkiyan Interpretative Centre funding of $75K was returned to the Federal Government as a result of delays in design and building approvals.

 

The Thomas Carlyle Children’s Centre playground upgrade are works completed, with project Management salaries of $9K, to be charged to this project carried forward. The Men's Health Forum project has been completed and funds fully expended. Likewise the H.E.A.R.T for Seniors project has been completed and funds fully expended.

 

Turramurra Seniors Centre Upgrade – This is a staged project using a recently acquired State Government grant.  Work is planned to be completed in August and all funds need to be acquitted to the funding body. The balance of funds $60,393 needs to be carried forward.

 

Lindfield Seniors Centre Upgrade – This is a staged project using a recently acquired State Government grant.  Work is planned to be completed in August and all funds need to be acquitted to the funding body. The balance of funds $14,178 needs to be carried forward.

 

Community Services Grants Program Transition Funding – This is grant funding provided to assist projects to transition into a new funding stream in 2011/2012. The $10K grant needs to be carried forward.

 

The Intranet/Photo Library project was completed within budget ($2K).

 

Report by Responsible Accounting Officer

 

The variance between actual and budget, when adjusted for restricted Assets, is a surplus of $980,396 and is subject to confirmation through Council’s consideration of the Financial Statements report on 11 October 2011.  Caution needs to be stressed on the above variance as the most appropriate measure of Council’s financial position is its available Working Capital as at 30 June 2011. There are many factors other than budget variations that affect the calculation of this figure such as:

 

Reduction in current loans outstanding

Change in the mix of current and non-current receivables

Changes in the employee leave accruals

Changes in interest rates used to calculate the present value of leave and other liabilities

Changes in the balance of Bonds and security deposits

 

As these are all Balance Sheet movements they are not included as part of the budget analysis provided as part of this report and are still being finalised. They are also difficult to predict and control.

 

Governance Matters

 

Not applicable

 

Risk Management

 

Income and expenditure is managed through the quarterly budget review process. Although some income and expenditure may not be able to be directly controlled, it can be monitored and action taken to manage the budget. Further, Council staff utilise monthly management reporting, for operational and project income and expenditure, whereby budget variations are reported to the Director.

 

Financial Considerations

 

It is not necessary to include any requests for budget variations in the June Review.  A report will be provided to Council on the 11th October 2011, which will analyse Council’s working fund position.  This report is dependent on the finalisation of Council’s Financial Statements.

 

Social Considerations

 

Not applicable

 

Environmental Considerations

 

Not applicable

 

Community Consultation

 

Not applicable

 

Internal Consultation

 

Management Accounting staff have included comments from Directors and Managers for their respective departments.

 

Summary

 

Council’s overall budget for the financial year ending 30 June 2011 when adjusted for restricted assets resulted in an actual surplus of $980,396.

 

It should be noted that figures in this report may be subject to refinement resulting from the external audit currently being undertaken.  Final results will be subsequently reported to Council on the 11th October 2011.

 

 

Recommendation:

 

That the Budget Review report as at 30 June 2011 be adopted.

 

 

 

 

 

 

Michael Lopez

Management Accountant

 

 

 

 

Tino Caltabiano

Manager Finance

 

 

Attachments:

A1View

Responsibility Centre Reports

 

2011/173989

 

A2View

Project Status Report

 

2011/173991

  


APPENDIX No: 1 - Responsibility Centre Reports

 

Item No: GB.9

 
















































APPENDIX No: 2 - Project Status Report

 

Item No: GB.9

 








































 

Ordinary Meeting of Council - 23 August 2011

GB.10 / 452

 

 

Item GB.10

S05273

 

10 August 2011

 

 

Analysis of Land & Environment Court Costs - 4th Quarter, 2010 TO 2011

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To report legal costs in relation to planning matters in the Land & Environment Court for the year ended 30 June 2011.

 

 

background:

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

 

 

comments:

For the year ended 30 June 2011, Council’s legal costs and associated expenses in relation to Land & Environment Court planning matters were $1,353,482 and costs recovered amounted to $294,982.  This compares with the budgets for the period of $1,235,000 for expenses and $200,000 for recovery of costs, resulting in an overall negative variance of $23,500.

 

 

recommendation:

That the analysis of Land & Environment Court costs for the year ended 30 June 2011 be received and noted.

 

 


  

Purpose of Report

To report legal costs in relation to planning matters in the Land & Environment Court for the year ended 30 June 2011. 

 

Background

 

A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused (a development application is deemed to have been refused if it has not been determined within a period of 40 days or such longer period that may be calculated in accordance with the Act). An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders.  Council is a respondent to such proceedings.

 

Comments

 

Appeals Lodged

 

In the twelve months to 30 June 2011, there were 38 new appeals lodged with the Land and Environment Court.  The number of appeals received in prior years is as follows:

 

 

Financial year

Number of appeals received (whole year)

2006/2007

49

2007/2008

45

2008/2009

39

2009/2010

54

2010/2011

38

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Of the 38 appeals commenced during year ended 30 June 2011, 15 were in respect of deemed refusal, 13 were in respect of refusal of an application by Council, and four were an application to the Court to modify a Court-granted development consent.  One appeal was in relation to a condition imposed in relation to an approval. Two appeals were brought in relation to an Order issued by Council in relation to compliance with a development consent.

 

Appeals commenced during the period are made up of the following development categories:

 

 

The “Other” category includes appeals against orders and works comprising the proposed Northern Eruv.

 

costs

 

For year end as at 30 June 2011, Council had expenditure of $1,297,458 on appeals and associated expenses in relation to Land & Environment Court matters.  In addition to expenditure on appeals, a further amount of $56,024 was spent in obtaining expert advice regarding development assessment matters resulting in total expenditure of $1,353,482 against a total budget of $1,235,000, a variance of $118,482. These costs are made up of legal costs, fees charged by any consultants retained as expert witnesses and other costs incurred as a result of Council’s role in the proceedings. 

 

For the same period, receipts of legal costs recovered totalled $294,982 compared to a yearly budget of $200,000, a positive variance of $94,982.

 

Accordingly, net of costs recovered, there was an overall negative variance for appeals against budget of $23,500.

 

 

Land & Environment Court Costs

2005/2006 - 2010/2011

Financial Year

Total Costs

1st quarter September

2nd quarter December

3rd quarter March

4th quarter June

2005/2006*

(71 appeals lodged)

$1,239,900

$338,350

$362,950

$329,300

$209,300

2006/2007*

(49 appeals lodged)

$1,195,900

$141,950

$148,520

$350,730

$554,700

2007/2008*

(45 appeals lodged

$1,136,648

$7,800

$336,600

$381,300

$410,948

2008/2009*

(39 appeals lodged)

$1,332,350

$134,409

$345,551

$291,985

$510,443

2009/2010*

(54 appeals lodged)

$1,445,394

$217,726

$368,642

$264,137

$594,899

2010/2011

(38 appeals lodged)

$1,297,458

$333,219

$271,232

$256,486

$436,521

          * Costs reported to Council in previous reports

 

 

 

 

 

 

 

 

SUMMARY BY WARD

 

A summary of the above Land & Environment Court costs by Ward for year end as at 30 June 2011 is shown in the following table:

 

 

 

Outcomes

 

At an early stage of each appeal, Council as respondent, is required to file with the Court a Statement of Facts and Contentions outlining the grounds which Council asserts as warranting refusal of a development, or alternatively, that may be addressed by way of conditions of consent.

 

In cases where issues raised by Council are capable of resolution by the provision by the applicant of additional information or amendment of the proposal, it is the Court’s expectation that this should occur.  The Court’s current practice of listing appeals for a preliminary mediation conference before a Commissioner of the Court pursuant to section 34 of the Land & Environment Court Act, strongly encourages this.

 

In this context, any of three outcomes can be regarded as favourable, namely:

 

1.       If the appeal is in relation to a deemed refusal of an application which, upon assessment, is appropriate for approval:  that the development is determined by Council, allowing the appeal to be discontinued by the applicant and avoiding as much as is practicable the incurring of unnecessary legal costs;

 

2.       If the issues raised by Council are capable of resolution by the applicant providing further information, or amending the proposal:  that this occurs, so that development consent should be granted, either by Council or the Court;

 

3.       If the issues raised by Council are either not capable of resolution or the applicant declines to take the steps that are necessary to resolve them:  that the appeal is either discontinued by the applicant, or dismissed (refused) by the Court.

 

33 matters were concluded during the year.  A wholly or substantially favourable outcome was achieved in all but one matters:

 

·    Five appeals were discontinued by the applicant.

 

·    Seven appeals were dismissed by the Court.

 

·    Eleven appeals were resolved by consent or through mediation pursuant to Section 34 of the Land & Environment Court Act resulting in a significantly amended proposal.

 

·    Nine appeals resulted in approval by the Court of a significantly amended proposal.

 

·    One appeal was upheld by the Court.

 

 

Governance Matters

 

Under Section 428 of the Local Government Act 1993, Council is required to report legal costs, and the outcome of each case in its Annual Report.

 

 

Risk Management

 

Quarterly reporting of legal costs to Council together with information about the number, character and outcomes of proceedings enable ongoing oversight of this area of Council’s activity.

 

 

Financial Considerations

 

Land & Environment Court legal costs form part of Council’s recurrent operating budget.

 

 

Social Considerations

 

None undertaken or required.

 

 

Environmental Considerations

 

None undertaken or required.

 

Community Consultation

 

None undertaken or required.

 

Internal Consultation

 

This report has been developed with input from Council’s Corporate Lawyer, Director Corporate and Director Development & Regulation.

 

Summary

 

For year ended 30 June 2011, Council had expenditure of $1,353,482 on appeals and associated expenses in relation to Land & Environment Court matters.  This compares to a yearly budget of $1,235,000, a negative variance of $118,482.

 

For the same period, receipts of legal costs recovered totalled $294,982 compared to a yearly budget of $200,000, a positive variance of $94,982.

 

Accordingly, net of costs recovered, there was an overall negative variance for appeals against budget of $23,500.

 

Recommendation

 

That the analysis of Land & Environment Court costs for the year ended 30 June 2011 be received and noted.

 

 

 

 

 

 

Tony Ly

Financial Accounting Officer

 

 

 

 

Jamie Taylor

Corporate Lawyer

 

 

 

 

Michael Miocic

Director Development and Regulation

 

 

 

 

John Clark

Director Corporate

 

 

Attachments:

A1View

Individual Case Summary Year to 30 June 2011 - Land and Environment Court Costs

 

2011/171300

  


APPENDIX No: 1 - Individual Case Summary Year to 30 June 2011 - Land and Environment Court Costs

 

Item No: GB.10

 

 


 

 


 

 


 

 


 

 


 

 


 

 


 


 

Ordinary Meeting of Council - 23 August 2011

GB.11 / 467

 

 

Item GB.11

S05273

 

11 August 2011

 

 

Investment Report as at 31 July 2011

 

 

EXECUTIVE SUMMARY

 

 

 

purpose of report:

To present to Council investment allocations and returns on investments for July 2011.

 

 

background:

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

 

 

comments:

The Reserve Bank of Australia (RBA) retained the official cash rate at 4.75% in July 2011.

 

 

recommendation:

That the summary of investments and performance for July 2011 be received and noted.  That the Certificate of the Responsible Accounting Officer be noted and the report adopted.

 

 


  

Purpose of Report

To present to Council investment allocations and returns on investments for July 2011. 

 

 

Background

 

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

 

Comments

 

During the month of July, Council had a net cash outflow of $11,309 and a net investment gain (interest and capital) of $527,319

 

Council’s total investment portfolio at the end of July 2011 is $107,280,020. This compares to an opening balance of $107,291,329 as at 1 July 2011, a decrease of $11,309.

 

PERFORMANCE MEASUREMENT

 

Council’s investment portfolio is monitored and assessed based on the following criteria:

 

§  Management of General Fund Bank Balance

The aim is to keep the general fund bank balance as low as possible and hence maximise the amount invested on a daily basis.

 

§  Cash

11am Cash Rate is used and generally only applies to the Westpac Business Cheque Plus Account.

 

§  Funds Performance against the UBS Bank Bill Index

This measures the annualised yield (net of fees and charges) for Council’s portfolio, except for cash and the New South Wales Treasury Corporation Long Term Growth Facility.  The weighted average return for the remaining portfolio of funds is compared to the industry benchmark of the UBS Bank Bill Index.

 

§  Allocation of Surplus Funds

This represents the mix or allocation of surplus funds in appropriate investments that maximise returns and minimise risk.

 

 

 

 

 

 

 

 

 

 

Management of General Fund Bank Balance

 

During July, Council had a net outflow of funds of $11,309.

 

 

Investment Portfolio

 

Council’s investment portfolio consists of the following types of investments:

 

1.  Floating Rate Notes (FRN)

 

FRNs are a contractual obligation whereby the issuer has an obligation to pay the investor an interest coupon payment which is based on a margin above bank bill. The risk to the investor is the ability of the issuer to meet the obligation.

 

The following investments are classified as FRNs

 

ANZ sub-debt AA-                                                          purchased 18/12/07 at discount

ANZ sub-debt AA-                                                          purchased 20/12/07 at discount

Bendigo Bank A-                                                            purchased 9/11/07 at par

ANZ sub-debt AA-                                                          purchased 17/1/08 at par

HSBC Bank AA-                                                             purchased 14/3/08 at par

Phoenix Notes A (downgraded from AA+by S&P)        purchased 31/07/07 at par

St. George Bank FRN AA                                              purchased 11/09/09 at discount

Royal Bank of Scotland (Australia Branch)                  purchased 27/08/10 at par

senior-debt A+

 

With the exception of Phoenix Notes, these FRNs are all sub-debt or senior debt which means that they are guaranteed by the bank that issues them with sub-debt notes rated a notch lower than the bank itself. The reason for this is that the hierarchy for payments of debt in event of default is:

 

1.       Term Deposits

2.       Senior Debt

3.       Subordinated Debt

4.       Hybrids

5.       Preference shares

6.       Equity holders

 

In the case of default, the purchaser of subordinated debt is not paid until the senior debt holders are paid in full. Subordinated debt is therefore more risky than senior debt.

 

These types of investment are classified as Held to Maturity assets and they are therefore measured at amortised cost using the effective interest method in accordance with AASB 139: Financial Instruments:  Recognition and Measurement.

 

In terms of reporting, these investments are shown at their purchase price which is then adjusted up or down each month in accordance with the amortisation of the discount or premium.  The effect of this is to show the investment at face value at maturity.

 

2.  Fixed Interest Notes, Term Deposits, Transferable Deposits and Bonds

 

Fixed interest notes and term deposits pay a fixed amount of interest on a regular basis until their maturity date. The following investments are held by Council:

 

Westpac Fixed sub-debt AA-                                                       purchased 25/02/08 at discount

Investec Bank Term Deposit BBB                                               purchased 03/09/08 at par

Westpac Bank Term Deposit (5 Year) AA                                    purchased 12/01/10 at par

St George Bank Term Deposit (3 Year) AA                                 purchased 18/02/10 at par

Commonwealth Bank Term Deposit (3 Year) AA                        purchased 05/03/10 at par

Rural Bank Term Deposit (18 Month) BBB                                 purchased 22/03/10 at par

Bank of Queensland Term Deposit (3 Year) BBB+                     purchased 31/05/10 at par

Suncorp Bank Term Deposit (3 Year) A+                                    purchased 04/06/10 at par

Rural Bank Term Deposit (2 Year) BBB                                      purchased 16/06/10 at par

St George Bank Term Deposit (3 Year) AA                                 purchased 28/06/10 at par

Suncorp Bank Term Deposit (3 Year) A+                                    purchased 03/08/10 at par

Suncorp Bank Term Deposit (3 Year) A+                                    purchased 04/08/10 at par

National Australia Bank Term Deposit (1 Year) AA                    purchased 01/12/10 at par

Australian Defence Credit Union Term Deposit (1 Year) AAA    purchased 02/12/10 at par

National Australia Bank Term Deposit (1 Year) AA                    purchased 14/12/10 at par

Suncorp Bank Term Deposit (1 Year) A+                                    purchased 17/12/10 at par

St George Bank Term Deposit (1 Year) AA                                 purchased 30/12/10 at par

AMP Bank Business Easy Saver Account (at-call) A                   purchased 30/12/10 at par

Bendigo Bank (1 Year) A-                                                            purchased 01/03/11 at par

AMP Bank Term Deposit (5 Year) A                                            purchased 01/03/11 at par

Bendigo Bank Lindfield Branch (1 Year) A-                                          purchased 06/06/11 at par

Community First Credit Union Term Deposit (1 Year)                purchased 17/07/11 at par

AAA

 

As with FRNs, these investments are shown at purchase price with the discount or premium amortised over the period to maturity.

 

A Transferable Certificate of Deposit is a bank deposit (ie fixed interest) that may be transferred from one party to another. Council has four transferable deposits.

 

ANZ Transferable Deposits AA-                                              purchased 22/04/08 at par

Deutsche Bank Transferable Certificates of                          purchased 04/09/09 at discount

Deposit A+

Commonwealth Bank Transferable                                       purchased 11/09/09 at premium

Certificates of Deposit AA

Bank of Queensland Senior Transferable Deposits                  purchased 06/12/10 at par

BBB+

 

A bank bond is a debt security, in which the authorised bank owes the holders a debt and is obliged to repay the principal and interest (the coupon) at a later date, termed maturity.

 

Council has two bank bonds with senior debt obligations:

 

Commonwealth Bank Retail Bond AA                                    purchased 24/12/10 at par

Bendigo Bank Retail Bond A-                                                 purchased 15/03/11 at par

 

3.  Collateralised Debt Obligations (CDO)

 

The following investment is classified as a CDO:

 

Maple Hill 11 CCC- (downgraded from                                  purchased at par

AA by S&P)

 

(Please refer to comments on Individual Investment Performance section for details.)

 

A CDO is a structured financial product whose returns are linked to the performance of a portfolio of debt obligations.  It is split into tranches, whereby the riskiest or lowest tranche, the “equity tranche”, receives the highest returns. Higher rated tranches offer protection against the risk of capital loss, but at proportionately diminishing returns.

 

This investment is also classified as held to maturity assets and are therefore measured at amortised cost using the effective interest method in accordance with AASB 139:  Financial Instruments:  Recognition and Measurement. The investment is reported in the same manner as FRNs.

 

4.  Constant Proportion Debt Obligations (CPDO)

 

The following investment is classified as a CPDO:

 

RBS Morgans CPDO PP AA-                                                   purchased at par

 

This is an investment whose returns are based on trading credit default swap (CDS) contracts. A CDS is a contract between two parties where one agrees to accept the risk that a company will default on its loan repayment obligations in return for payment of a fee. Only contracts on investment grade organisations in the CDX (US) and ITraxx (Europe) indices are permissible.

 

5.  Growth Investments

 

Investments that have been purchased on the basis of an anticipated growth in asset value rather than returns being based on an interest coupon have been classified as Growth Investments. The following investments are included in this category:

 

 

Longreach STIRM A+ (downgraded from AA- by S&P)

KRGC TCorp LTGF unrated

 

These investments are valued at fair value where the capital gain is credited to the Income Statement and a capital loss is debited to the Income Statement. The Longreach STIRM investment is principal guaranteed and the KRGC TCorp LTGF is not. The value shown in the monthly investment report is based on the redeemable Net Asset Value (NAV). The NAV is the total current market value of all securities plus interest or dividends received to date. This is the price or value of the investment at the time of preparing the report. Although the Longreach STIRM investment is principal guaranteed, reports are based on the NAV even when it falls below the par value.

 

The principal is guaranteed by the investment issuer monitoring the net asset value and selling the investments if the NAV falls below the level where a risk free investment will return the principal at the maturity date. Thus the worst case scenario, provided that the issuer remains solvent, for this investment is that overall return will be returns received to date plus return of principal at maturity date and no further interest payments for the remaining period.

 

While accounting and reporting for these investments is in accordance with the above, the following information is provided for each:

 

Longreach STIRM:  This investment pays a fixed coupon of 2.5% and a floating coupon of 125% of the quarterly performance. A cap is applied to the total coupon at BBSW+25bps with any additional income going into the NAV. The worst case performance scenario is no coupon is paid due to 100% of investors’ funds being redeemed from the STIRM strategy and invested in a discount security to guarantee principal is returned at maturity.

 

KRGC TCorp LTGF NSW Treasury Corporation:  This is a fund managed by the NSW Treasury Corporation which invests in a range of Australian shares 31%, international shares 31%, bonds, listed property and cash 38%. The return is based on the fund’s unit price at month end supplied by the fund. There is no principal guarantee with this fund and it is unrated.

 

Cash Performance against the 11am Cash Rate

 

 

The weighted average return for Cash year to date was 4.90% compared to the benchmark 11am Cash Rate of 4.85%.

 

 

 

 

 

Funds Performance against the UBS Bank Bill Index

 

 

 

The weighted average return for the total portfolio (except Cash & TCorp) year to date was 6.80% compared to the benchmark of the UBS Bank Bill Index of 5.06%.

 

NSW Treasury Corp against the Long Term Growth Facility Trust

 

The return for TCorp year to date was -26.66% compared to the benchmark Long Term Growth Facility Trust of -36.07%.

 

Comments on Individual Investment Performance

 

Term Deposit

 

In the month of July, the following term deposits have matured.

 

·    Community First Credit Union AAA $1,000,000 at 6.50% pa for 13 months

·    Wide Bay Ltd BBB- $2,000,000 at 6.35% pa for 13 months

·    AMP Bank A $1,000,000 at 6.31% pa for 13 months

·    AMP Bank A $1,000,000 at 6.31% pa for 13 months

 

During July 2011, the following term deposit was purchased.

 

·      Community First Credit Union AAA $1,000,000 at 6.30% pa for 1 year

 

Longreach Series 23 STIRMThis investment is a capital protected note with exposure to a short term interest rate yield enhancement strategy. The redeemable NAV of the notes is estimated at $125.01, whereas at the end of last month it was $124.26. An annualised year to date return on the investment is 7.36% and 5.65% since inception.

 

NSW Treasury Corporation:  The investment was made in October 2006. This is a fund managed by the NSW Treasury Corporation which invests in a range of Australian shares 31%, international shares 31%, bonds, listed property and cash 38%. The fund’s annualised return is -26.66% and       -0.22% since purchase.

 

Blackrock Diversified Credit Fund:  In August 2008, Blackrock Investment Management informed Council of its decision to close the Blackrock Diversified Credit Fund. This action was taken due to the Cole Report recommending removal of the option for local councils to invest in managed funds. The fund was specifically created for and targeted towards NSW local councils’ requirements. At that time Council had approximately $9.5M invested in the fund.

 

Since then, the fund has been slowly winding down by selling its assets, however the illiquidity of markets over the past few years has resulted in the wind down taking considerably longer than first anticipated. In closing down the fund, BlackRock is required to conduct the sell down process in an orderly fashion to achieve the best possible outcome.

 

The remaining portfolio is comprised of largely domestic assets. The domestic credit markets are still highly illiquid and BlackRock will liquidate this portfolio at the earliest opportunity being cognisant of getting “reasonable” value for the securities sold. All the securities held within the portfolio will continue to pay coupons and BlackRock sees no further credit impairment of the portfolio.

 

There was no distribution in July 2011 and the balance of funds in Blackrock at the end of the month was $462,645.

 

ABN AMRO CPDOs PPThis is an investment whose returns are based on trading credit default swap (CDS) contracts. Only contracts on investment grade organisations in the CDX (US) and ITraxx (Europe) indices are permissible. The risk to Council is that if enough of the companies default on their loan payment obligations, Council’s regular payments of interest would be reduced or cease. In the event of this occurring (cash-out event), the note reverts to a risk free bond investment to guarantee principal on maturity.

 

CDOs: The risk of losing principal in a CDO is based on the number of defaults in the portfolio of debt obligations combined with weighting of the entity in the portfolio and the recovery rate of the entities that default. The following information is provided for Council’s remaining CDO:

 

Maple Hill II

 

As a result of the global financial market crisis, in particular the collapse of Lehman Brothers, and the release of S&P CDO Evaluator 5.0 (a set of analytical tools that evaluates an entire CDO transaction), Maple Hill II was downgraded to CCC - from AA by S&P.

 

·    Losses absorbed:  2.17%

·    Losses remaining:  3.37%

·    Recovery:  Floating

·    Portfolio:  139 (unequal weight)

·    Credit events to date:  5 (Lehman Brothers, Fannie Mae, Freddie Mac, Idearc & CIT Group)

·    Credit events supported:  11.5 average sized, assuming average 33% recovery

·    Credit events remaining:  7 average sized, assuming average 33% recovery.  The note can withstand 5% of the portfolio defaulting, after allowing for recoveries.

·    Maturity: 20 December 2014

 

There were no credit events in Council’s CDO during the month.

 

Allocation of funds

 

The following charts show the allocations of Council’s investment funds by various categories:

 

1)      Credit RatingActual level of investment compared to proportion permitted by policy.

 

 

 

 

 

Investment Rating - Proportion

 

AAA to AA-

56.89%

A+ to A

25.89%

A- to BBB

12.58%

Less than BBB

4.64%

 

2)      Proportional Split of Investments by Investment Institution:  Actual portion of investments by investment institutions.

 

Council’s Investment Policy requires that the maximum proportion of its portfolio invested with any individual financial institution is 25%.

 

 

 

 

 

 

 

3)         Investment type and YTD return:  Actual proportion of investments by type and year to date return.

 

 

 

4)      DurationStrategic allocation of investments by duration.

 

 

 

Cumulative Investment Return

 

The following table shows Council’s total return on investments for July and financial year to date, split into capital and interest components and compared to budget:

 

 

 

 

 

At the end of July 2011, the net return on investment totalled $527,000 against a budget of $366,000 giving a positive variance for the year of $161,000.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Investment Portfolio

 

The following chart compares the year to date investment portfolio balances for 2011/2012.

 

 

During July 2011 Council’s investment portfolio decreased by $11,309.

 

Some key points in relation to investments and associated markets during July are:

 

International Market

 

·    July was an extremely volatile month for all markets with the continuation of sovereign financial concerns looming large both in Europe and the United States (U.S.). Greece was the dominant area of focus. The European Union solution incorporated an element of “private participation” in the solution which was effectively a default and restructure for the bond issue.

 

·    During July movements were also dominated by the U.S. government negotiations regarding the raising of the debt ceiling and the trade-offs that would need to be agreed to in order to allow the government to meet its financial obligations and thus avoid default. In early August, credit rating from S&P dropped the U.S.’s rating from AAA to AA+, resulting in potentially hundreds of billions of dollars in extra financing costs going forward.

 

·    Offshore data was mixed with U.S. indicators reflecting a struggling economy whilst closer to home China outperformed analyst’s expectations by posting solid growth for the second quarter of 2011.

 

Domestic Market

 

·    Domestically, credit growth was weak; falls in house prices were modest but relentless and consumer and business confidence plummeted. The unemployment rate remained low but economic surveys show that households are getting increasingly nervous about job security.

·    The RBA left rates on hold again as 4.75% in both early July and early August. The tone of the commentary from the RBA remains watchful with regards to inflationary pressures and the tightening bias of the current setting remains in place albeit at a mild level.

 

·    The Australian dollar hit a post float high of 1.1081 against the USD in late July with firmer commodity prices, a weaker U.S. Dollar based on political squabbling and continued Eurozone sovereign worries providing some support to the Aussie dollar.

 

Governance Matters

 

Council’s investments are made in accordance with the Local Government Act (1993), the Local Government (General) Regulation 2005 and Council’s Investment Policy which was adopted by Council on 20 April 2010.

 

Section 212 of the Local Government (General) Regulation 2005 states:

 

(1)     The responsible accounting officer of a council:

 

(a)     must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

 

(i)      if only one ordinary meeting of the council is held in a month, at that meeting, or

 

(ii)     if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and

 

(b)     must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.

 

(2)     The report must be made up to the last day of the month immediately preceding the meeting.

 

Risk Management

 

The risk associated with investing Council funds is the loss of income and/or assets from investment failure and/or poor investment performance. The level of risk with Council’s new investments is considered low, as investments are made only in a form of investment notified by order of the Minister for Local Government and Council’s adopted Investment Policy, which as a consequence of the Minister’s Order, is considered conservative. Also, all investments are made with consideration of advice from Council’s appointed investment advisor, Denison Financial Advisory.

 

Financial Considerations

 

The budget for interest on investments for 2011/2012 is $4,396,000. Of this amount approximately $2,912,800 is restricted for the benefit of future expenditure relating to developers’ contributions, $742,400 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $740,800 is available for operations.

 

At the end of July 2011, the net return on investment totalled $527,000 against a budget of $366,000 giving a positive variance for the year of $161,000.

 

Social Considerations

 

None undertaken or required.

 

Environmental Considerations

 

None undertaken or required.

 

Community Consultation

 

None undertaken or required.

 

Internal Consultation

 

None undertaken or required.

 

Certification - Responsible Accounting Officer

 

I hereby certify that the investments listed in the attached report have been made in accordance

with Section 625 of the Local Government Act 1993, clause 212 of the Local Government General

Regulation 2005 and Council’s Investment Policy which was adopted by Council on 20 April 2010.

 

Summary

 

As at 31 July 2011:

 

 

Ø Council’s total investment portfolio is $107,280,020. This compares to an opening balance of $107,291,329 as at 1 July 2011, a decrease of $11,309.

 

Ø Council’s year to date net return on investments (interest and capital) totals $527,000. This compares to the year to date revised budget of $366,000, giving a positive variance of $161,000.

 

Ø The weighted average return for Cash year to date was 4.90% compared to the benchmark 11am Cash Rate of 4.85%.

 

Ø The weighted average return for the total portfolio (except Cash & TCorp) year to date was 6.80% compared to the benchmark of the UBSWA Bank Bill Index of 5.06%.

 

Ø The weighted average return for TCorp year to date was -26.66% compared to the benchmark Long Term Growth Facility Trust of -36.07%.

 

 

Recommendation

 

A.      That the summary of investments and performance for July 2011 be received and noted.

 

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

 

 

 

 

 

 

Tony Ly

Financial Accounting Officer

 

 

 

 

Tino Caltabiano

Manager Finance

 

 

 

 

John Clark

Director Corporate

 

 

 

  


 

Ordinary Meeting of Council - 23 August 2011

GB.12 / 483

 

 

Item GB.12

DA0806/10

 

4 August 2011

 

 

development application

 

 

Summary Sheet

 

Report title:

28 Albany Crescent, East Killara - Alterations and Additions to Existing Dwelling

ITEM/AGENDA NO:

GB.12

 

 

Application No:

DA0195/11

Property Details:

28 Albany Crescent, Killara

Lot & DP No:      Lot 2 DP241442

Site area (m2):   1005.4m2

Zoning:               Residential 2(b)

Ward:

Gordon

Proposal/Purpose:

To determine Development Application No. 0195/11 which proposes alterations and additions to an existing dwelling on the site.

Type of Consent:

Local

Applicant:

Mr and Mrs Chang C/- Glendinning Minto & Associates

Owner:

Mr and Mrs Chang

Date Lodged:

2 May 2011

Recommendation:

Approval.

 

 

  

 


Purpose of Report

 

To determine Development Application No. 0195/11, which proposes alterations and additions to the existing dwelling on the site.

 

The application requires determination by full Council pursuant to the Department of Planning Circular PS08-14 (attached) which does not permit Development Application that propose variations to development standards in excess of 10% to be determined under delegated authority. The proposed development incorporates a 24% departure from the building height development standard prescribed by Clause 46(2) of the Ku-ring-gai Planning Scheme Ordinance (KPSO).

 

Executive Summary

 

Executive summary

 

Issues:                                                  SEPP1 Objection, building height, floor space ratio   

 

Submissions:                                         No  

 

Land & Environment Court Appeal:                Not applicable

 

Recommendation:                                  Approval

 

History

 

Site history

 

Council’s records indicate that the site has historically been used for residential purposes.

 

Pre-Development Application consultation

 

A Pre-DA meeting to discuss proposed alterations and additions to the existing dwelling (similar to that proposed by the current application) was held at Council on 23 December 2010. The key issues raised by Council officers at the meeting related to:

 

·    the need to provide a compelling argument in justification of the displayed building height and built-upon area non-compliances in accordance with the provisions of SEPP1

·    the retention of sufficient solar access, privacy and visual amenity to neighbouring properties

·    consistency with the surrounding streetscape character

·    the need to provide adequate plan details and information to allow for a comprehensive assessment, including a bushfire report

 

Current Development Application history

 

 

2 May 2011

The  is application lodged.

 

 

6 May 2011

The application is notified for 14 days and the applicant is requested to submit an updated bushfire report and further information regarding the extent of the works proposed.

 

 

18 May 2011

The applicant submits a revised bushfire report and additional plan information.

 

 

6 June 2011

A preliminary assessment of the application revealed the following issues: 

 

-     the incorrect depiction of the dwelling’s maximum height

-     inaccurate / insufficient plan details

-     potentially undue tree impacts

 

 

20 and 27 June 2011

The applicant provides additional plans and information in response to the issues raised in Council’s letter dated 6 June 2011.

 

 

28 June 2011

Comments in support of the application are received from the NSW Rural Fire Service.

 

 

29 June 2011

Concerns are raised with the applicant in relation to the excessive floor space ratio proposed.

 

 

28 July 2011

Further additional plans and information are provided featuring a reduction in floor area.

 

The Site

 

Zoning:                                          Residential 2(b)

Visual character study category:               Post 1968

Easements / rights of way:                          No

Stormwater drainage:                                   To the existing system

Heritage item:                                       No

Heritage conservation area:                        No

In the vicinity of a heritage item:              No

Bush fire prone land:                             Yes - Part category 1 / part bush fire prone vegetation buffer 

Endangered species:                                     No 

Urban bushland:                                              No

Contaminated land:                              No

 

Site description:

 

The subject site is legally described as Lot 2 in DP241442 and is known as 28 Albany Crescent, East Killara. The site is irregular in shape with a frontage of approximately 19.8 metres to Albany Crescent, an average depth of 43.697 metres and a rear boundary width of 27.43 metres (backing on to bush land). The site incorporates a substantial slope from the street frontage to the rear boundary with a fall of approximately 14.6 metres (being a gradient of approximately 1:3). Properties zoned for low density residential purposes align both side property boundaries.

 

The site contains a split one and two storey dwelling with substantial sub-floor area below. The site also contains a partially raised in-ground swimming pool located within the rear setback. The dwelling was extensively damaged by a domestic fire (i.e. not a bushfire) several years ago.

 

Surrounding development

 

The locality is made up of a mix of single, two and three storey single dwelling houses of varying styles. The dwellings to the east and west of the subject site have been designed to follow the sloping topography of the land and are of predominantly split level designs. A substantial dwelling of up to four storeys in height exists on the adjacent property to the east of the site at 30 Albany Crescent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Figure 1: 28 Albany Crescent, East Killara

 

The Proposal

 

The application proposes alterations and additions to the existing dwelling. The details of the proposed development (as amended) are as follows:

 

·    re-configuration of the existing internal floor layout of the dwelling

·    introduction of new fenestration

·    increase to the height of the existing garage roof by 600mm

·    introduction of a first floor addition containing a bedroom, bathroom, storage areas and an open void to the level below

·    upgrade of the existing entry porch

 

CONSULTATION – COMMUNITY

 

In accordance with Council’s Notification DCP56, owners of adjoining properties were given notice of the application. No submissions were received.

 

Amended plans received 20 June 2011, 27 June 2011 and 28 July 2011

 

The amended plans and information received during the process of the application’s assessment did not result in any greater environmental impact than that of the originally submitted proposal. Therefore, as per the provisions of Councils DCP No. 56 – Notification, notification of the amendments was not required.

 

CONSULTATION – WITHIN COUNCIL

 

Development Engineering

 

Council’s Development Engineer raised no objection to the proposed development, subject to conditions relating to the appropriate management of stormwater (Conditions 27 and 28).

 

Landscaping

 

Council’s Landscape Development Officer raised no objection to the proposed development, subject to conditions requiring the protection of existing trees (Conditions 29 and 30).

 

CONSULTATION – OUTSIDE COUNCIL

 

NSW Rural Fire Service

 

The subject site is identified as Category 1 bush fire prone land.

 

In accordance with the provisions of section 79BA of the Environmental Planning and Assessment Act 1979, Council has consulted the NSW Rural Fire Service, concerning measures to be taken with respect to the protection of persons, property and the environment from danger that may arise from a bushfire. In response, the RFS have recommended conditions to reduce the threat of bushfire (Condition 9 and 32).

 

Statutory Provisions

 

This application is deemed to be ‘Local Development’ under Part 4 of the EP and A Act, 1979 and requires development consent pursuant to the KPSO.

 

State Environmental Planning Policy No. 1 – Development Standards (SEPP1)

 

The intent of SEPP1 is to allow flexibility in the application of a development standard, particularly where strict application of the standard would unreasonably constrain the undertaking of appropriate development.

 

Clause 46(2) of the KPSO states that a person shall not erect a dwelling-house with a height in excess of 8 metres. The ceiling of the proposed first floor addition will result in a maximum building height of 10.86 metres. Accordingly, a SEPP1 objection has been lodged, which is considered below.

 

State Environmental Planning Policy No. 55 Remediation of Land (SEPP55)

 

SEPP55 requires consideration of the potential for a site to be contaminated. Should any evidence exist to suggest a site may be contaminated, Clause 7 of SEPP55 requires consideration as to whether the land is suitable for the proposed use in its contaminated state.

 

The subject site has a history of residential use and as such, it is unlikely to contain any contamination and further investigation is not warranted in this case.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

A valid BASIX certificate has been submitted. The certificate demonstrates compliance with the provisions of the SEPP and accurately reflects all amendments made to the proposal.

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

Matters for consideration include bio-diversity, ecology and environmental protection, public access to and scenic qualities of foreshores and waterways, maintenance of views, control of boat facilities and maintenance of a working harbour.

 

The proposal is not in close proximity to, or within, views of Sydney Harbour, Middle Harbour, Lane Cove River or any wetland associated with the catchment. The application is limited to alterations and additions and will not result in any material detrimental impacts upon harbours, the rivers or any associated wetland, either environmentally or visually.

 

Therefore, in respect of the above, the proposed development is assessed as being satisfactory having regard to the matters for consideration set out by this instrument.

 

Ku-ring-gai Planning Scheme Ordinance (KPSO)

 

Permissibility:

 

The proposed development is permissible within the Residential 2(b) zoning of the subject site, as per Clause 23 of the KPSO.

 

Development Standards:

 

Compliance table

Development standard

Proposed

Complies

Site area: 836m²

1005.4m2

YES

Building height  8m (max)

10.86m

NO – SEPP1

Built upon areas 60%(603.24m2)(max)

51.96% (522.4m2)

YES

 

 

 

 

Clause 46(2) - Building height

 

The ceiling of the proposed first floor addition will attain a maximum building height of 10.86 metres and therefore exceeds the maximum of 8 metres specified in the KPSO. This breach occurs where the proposed first floor addition is positioned above the existing sub-floor area of the building.

 

A SEPP1 objection in respect of this departure has been submitted by the applicant and is assessed as follows:

 

whether the planning control to be varied is a development standard

 

Clause 46 of the KPSO states:

 

(2)  A person shall not erect a dwelling-house of dual occupancy building with a height in excess of 8 metres.

 

(4)  In this clause –

 

Ground level” means the level of the site before development is carried out under this ordinance.

 

Height” in relation to a building, means a distance measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point.

 

Clause 46 of the KPSO is a development standard as per Section 4 of the Environmental Planning and Assessment Act, 1979.

 

the underlying purpose or objective of the standard

 

There are no specifically stated purposes or objectives expressed in Clause 46 of the KPSO. However, Schedule 9 of the KPSO provides aims and objectives for residential zones.

 

The general aims of Schedule 9 are as follows:

 

§ To maintain and, where appropriate, improve the existing amenity and environmental character of residential zone

 

§ To permit new residential development only where it is compatible with the existing environmental character of the locality and has a sympathetic and harmonious relationship with adjoining development

 

The specific objectives of Schedule 9 are as follows:

 

§ All new dwelling-houses and additions to dwelling-houses maintain a reasonable level of sunlight to neighbours’ living area and recreation space between 9am and 3pm during the winter solstice on 22 June

 

§ All new dwelling and additions to dwelling-houses are sited and designed so as to minimise overlooking of neighbours’ living areas and recreation space

 

§ Any building or development work shall maintain or encourage replacement of tree cover whenever possible to ensure the predominant landscape quality of the

 

§ Municipality is maintained and enhanced

 

§ Any building or development work on a site avoids total or near total site utilisation by maintaining a reasonable proportion of the site as a soft landscaping area

 

§ All new dwelling houses and additions to existing dwelling houses are of a height, size and bulk generally in keeping with that of neighbouring properties and where larger building area proposed, they are designed so as not to dominate and so far as possible to harmonise with neighbouring development

 

§ In areas where one period, style or genre of architecture predominates, the new dwelling-house reflects either that style of or the main stylistic features such as roof pitch, materials, proportions, setbacks, etc, and additions to existing dwelling-houses reflect the style of and continue the main stylistic features of the existing structure

 

§ All new dwelling-houses and additions provide reasonable space on the site for the forward entrance and exit of vehicles

 

whether compliance with the standard is consistent with the aims of the policy and whether compliance hinders the attainment of the objectives specified in Section 5(a) (i) and (ii) of the Environmental Planning and Assessment Act, 1979

 

The aim of SEPP 1 is to:

 

Provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives specified in Section 5 (a) (i) and (ii) of the Act.

 

In this regard, the objects of Section 5 (a) (i) and (ii) of the Act are:

 

(a)     To encourage:

 

(i)  the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment

 

(ii) the promotion and co-ordination of the orderly and economic use and development of land  

 

It is concluded that the non-compliance with the development standard is consistent with the aims of SEPP 1 as compliance is unreasonable and unnecessary in this instance (as discussed below). In this particular circumstance, compliance with the development standard would hinder the attainment of the objectives specified in Section 5(a) (i) and (ii) of the Act.

 

whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case

 

The following arguments have been advanced by the applicant within the submitted SEPP1 objection:

 

§ Compliance with the height control in the consideration of this proposal would apply an unreasonable constraint on the reasonable development expectation for the subject site. The resultant floor space, bulk and scale are within the parameters that are consistent with surrounding developments, particularly on the low side of the street. Floor to ceiling heights of 2.8 metres are within the acceptable standard with the sub-floor void area contributing towards the overall height.

 

§ The site has a significant fall towards the rear of the site with a gradient of approximately 41% across the building footprint.

 

§ Given the slope of the site, the resultant dwelling is not prominent in the streetscape. In this regard, only a small portion of the roof form extends above the kerb height.

 

§ The site has a north south orientation and therefore, does not result in any unreasonable overshadowing to the adjoining properties.

 

§ The dwelling retains all high use living areas on the mid and lower levels with only a bedroom, bathroom and study on the upper level. The dwelling is orientated towards the north to maximise views of the bushland and limit potential for loss of privacy to the adjoining properties.

 

§ The dwelling is well articulated on all facades which limits bulk and scale.

 

§ The dwelling does not encroach the existing rear setback and therefore, will not obstruct views of the bush land from the adjoining properties.

 

§ The resultant dwelling is compatible in terms of bulk and scale with the existing surrounding development.

 

Through a consideration of these arguments and an inspection of the subject site and its surrounds, it is considered unreasonable and unnecessary to comply with the development standard in the circumstances of this case. The intention of SEPP1 is to provide flexibility in circumstances such as this where compliance with a prescribed development standard would unnecessarily hinder the attainment of a reasonable, practical and viable development outcome.

 

Further to the points raised by the applicant, it is noted that the proposed non-compliance is largely technical in nature and attributable to the sloping nature of the subject site. In this respect, should the development take place on a level allotment, the proposed non-compliance would be significantly reduced (with a likely breach of no greater than 200mm). Additionally, the proposed development is of a design and scale that is comparable to several established neighbouring developments and will be of a modest presentation when viewed in the context of the streetscape. For the reasons outlined in this report, the proposal will not be of any undue impact on the general amenity of neighbouring residential properties.

 

whether the objection is well founded

 

After considering the arguments raised by the applicant, particularly those outlining the absence of any material impacts upon streetscape character or the amenity of neighbouring properties and a merit assessment of the proposal, it is concluded that the application of the development standard is both unreasonable and unnecessary in this particular circumstance. Therefore, the SEPP1 objection is deemed to be well founded. 

 

Clause 33(a) – Aesthetic appearance

 

Clause 33(a) of the KPSO requires consideration of the aesthetic appearance of the land the subject of the proposed works as viewed from public spaces, including public reserves zoned Open Space - Recreation Existing 6(a).

 

The proposed development will be visible from the bush land reserve adjacent to the rear boundary of the site. However, given the moderate nature of the proposed additions, the existing visual presentation of the dwelling to the reserve will not be significantly altered. Moreover, this area of bushland is relatively inaccessible and does not provide any formal recreation areas with an outlook towards the site. Therefore, with respect to these factors, the proposed development is considered acceptable in regard to Clause 33(a).

 

Schedule 9 – Aims and Objectives for Residential Zones

 

The development is considered to have satisfied the relevant aims and objectives for residential development outlined in Schedule 9. The proposal is considered to be an appropriate form of development for the Residential 2(b) zoning of the site. Despite the non-compliances with the built-form requirements of DCP38, the development will not adversely impact on streetscape character or neighbouring amenity.

 

POLICY PROVISIONS

 

Development Control Plan No. 38 – Ku-ring-gai Residential Design Manual 

 

Part A: Development Controls

 

Development Control

Proposed

Complies

4.1 Streetscape:

Building setbacks (s.4.1.3)

 

 

Front setback:

11m (Ave) -75% front elevation

9m (min) – 25% front elevation

 

11m

7.66m to raised garage roof (however, no change to the existing building setback)

 

YES

NO

 

Side setback:

Ground floor: 12% site width* = 2.7m(min)

 

 

1st floor: 15% of site width* = 3.38m (min)

 

*Note: site width taken as an average over building platform due to the irregular allotment shape

 

 

1.27m to raised garage roof along west elevation

(however, no change to the existing building setback)

5.09m to eastern boundary and 7.341m to western boundary

 

 

 

NO

 

 

 

YES

Rear setback:  12m(min)

13.8m

YES

4.2 Building form:

FSR (s.4.2.1)   0.37:1 (371.08m²) maximum

0.48:1 (479.68m²)

NO

Height of building (s.4.2.2)

 

 

2 storey (max) and

8m (site <200 slope)

4 storeys &

10.86m

NO

NO

Building height plane (BHP) (s.4.2.3)

450 from horizontal at any point 3m above boundary

2m breach along eastern elevation and 800mm breach along western elevation

NO

First floor (s.4.2.4)

 

 

FSR: < 40% total FSR

20%

YES

Roof Line (s.4.2.6)

 

 

Roof height

(3m – two+ storey)

 

500mm

 

YES

Roof pitch    350 (max)

Flat roof (00)

YES

Built-upon area (s.4.2.7) 

52% (522.808m2) (max)

 

51.96% (522.4m2)

 

YES

Unrelieved wall length (s.4.2.8)

12m (min)

Architectural relief within all proposed wall lengths

YES

Solar access (4.2.11)

4h solar access to adjoining properties between 9am to 3pm

>4 hours solar access to sensitive areas and windows retained

YES

4.3 Open space & landscaping:

Soft landscaping area (4.3.3)

48% (482.592m2) (min)

 

48.04% (483m2)

 

YES

Useable open space (s.4.3.8)

Min depth 5m and min area 50m2

 

 

>Depth 5m     

>Area 50m2

 

YES

YES

4.4 Privacy & security:

Refer to discussion below.

 

Building setbacks (s.4.1.3)

 

The additional wall height to be introduced to the garage will be set back 7.66 meters from the street frontage (breaching the minimum 9 metres required by the DCP) and 1.27 metres from the western side boundary (breaching the minimum 2.7 metres required). However, this proposed change will only increase the height of the garage by approximately 1 metre. Given the lower-lying nature of the site in relation to the street level and that the western elevation will be positioned opposite an adjacent garage, the proposed non-compliance will not unduly impact on streetscape character or neighbouring amenity.

 

Therefore, on the basis of the above, the objectives of this section of the DCP are deemed to be satisfied. 

 

Floor Space Ratio (s.4.2.1)  

 

During the assessment of the application and in order to address concerns raised by Council, the applicant reduced the floor area of the proposed first floor level by 22.07m² to 479.68m² which equates to a FSR of 0.48:1, and will not comply with the maximum 0.37:1 FSR. However, this non-compliance is considered to satisfy the objectives stated within this section of the DCP for the following reasons:

 

§ A substantial proportion of the calculable floor space (as defined by the DCP) relates to non-usable sub-floor area that is necessary to support the building given the sloping nature of the site. The actual useable floor area of the dwelling equates to 398.47m² or 0.39:1 and exceeds the DCP control by only 27.39m².  Moreover, these sub-floor areas are not visible from the streetscape and do not detrimentally impact on neighbouring properties.

 

§ The proposed development is of a bulk and scale in keeping with established neighbouring developments. In this regard, it is noted that the locality is characterised by larger style dwellings up to an in excess of three storeys in height with substantial floor areas.

 

§ From a streetscape perspective, the altered dwelling will have a maximum two storey presentation that is consistent with the character of neighbouring developments.

 

§ Notwithstanding the minor increase in the height of the garage (that will not alter existing floor area), the proposed additional floor area is well set back from the common boundaries of the site. The dwelling also incorporates architectural articulation measures (such as varied setbacks between level)s to mitigate the bulk and scale impacts.

 

§ The proposed development will have no material impact on neighbouring privacy, solar access or general amenity.

 

§ The additional floor area is contained within the existing footprint of the dwelling and will not reduce the available landscaping areas of the site.

 

Height of building (s.4.2.2)

 

The DCP requires that the proposed development incorporate a maximum ceiling height of 8 metres and be no more than two storeys. However, for the reasons outlined in the assessment of the application against the provisions of SEPP1 above (with respect to the 8 metres development standard prescribed by Clause 46(2) of the KPSO), the building height of the proposed development is not considered to be unreasonable.

 

The part three / part four storey presentation of the building will only be visible from the rear boundary of the site (beyond which exists dense, relatively inaccessible bush land). While the side elevations of the dwelling will incorporate three storey presentations to the neighbouring properties, the associated impacts of this are not unreasonable. The design of the proposal reduces the bulk and scale impacts to adjoining properties through maximising the integration of the new level into the building’s existing form. Additionally, the proposed new level is substantially set back from the side boundaries and incorporates a flat roof. It is also noted that the bulk and scale of the development is consistent with the adjoining buildings, particularly 30 Albany Crescent. 

 

Therefore, on the basis of the above, the objectives of this section of the DCP are deemed to be satisfied. 

 

Building height plane (BHP) (s.4.2.3)

 

The proposed development breaches the BHP defined by the DCP by 2 metres along the eastern elevation and 800mm along the western elevation.

 

Both breaches occur at the rear of the first floor addition where the slope of the site is most significant. It is noted that this breach is largely a product of this site characteristic and, given the substantial setbacks to the proposed addition, would not occur on a level allotment. For the reasons outlined within this report, the proposed development will not unduly impact on the amenity of neighbouring properties or the bushland to the rear of the site. Additionally, the non-compliances occur at the rear of the building and will not impact on the streetscape character. 

 

Privacy and security (s.4.4)

 

The proposed development will not compromise existing security measures, either on or off the site.

 

The proposed development will not afford any undue outlook into the sensitive areas of neighbouring properties. Additionally, the proposed development does not incorporate any elements considered likely to unduly impact on the acoustic amenity of the surrounding environment, subject to compliance with a recommended consent condition (Condition 12).

 

Part B: DCP 38 Aims & Objectives

 

On the basis of the above, the proposed development has been found to be acceptably consistent with the provisions of DCP38 in all relevant respects. Consequently, the stated Aims and Objectives of this document are deemed to have been satisfied.

 

Likely Impacts

 

The impacts of the proposed development have been considered in detail in this report.

 

Suitability of the Site

 

Through the assessment of the application, it has been concluded that the site is suitable for the nature of the proposed development.

 

 

 

ANY SUBMISSIONS

 

No submissions have been received.

 

Public Interest

 

The public interest is best served by the consistent application of the requirements of the relevant Environmental Planning Instruments and by Council ensuring that any adverse effects on the surrounding area and the environment are minimised. The proposal has been assessed against the relevant environmental planning instruments and is deemed to be acceptable. Accordingly, the proposal is recommended for approval. 

 

Unauthorised Works

 

Not applicable.

 

Conclusion

 

This application has been assessed under the heads of consideration of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant instruments and policies. The proposal is considered to be generally consistent with the relevant Council statutory and policy controls. Where strict compliance has not been achieved, the proposal has been considered with respect of the control outcomes and supported on merit.

 

The proposal has been supported by a SEPP 1 objection, seeking variation of the maximum permissible building height development standard of the Ku-ring-gai Planning Scheme Ordinance. This assessment has considered the SEPP 1 objection to be well founded.

 

 

 

Recommendation:

 

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

 

A.      That the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No.1 – Development Standards to Clause 46(2) – maximum building height of the Ku-ring-gai Planning Scheme Ordinance is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case.

 

AND

 

B.      That the Council, as the consent authority, being satisfied that the objection under SEPP1 is well founded and also being of the opinion that the granting of consent to DA0195/11 is consistent with the aims of the Policy, grant development consent to DA0195/11 for alterations and additions to an existing dwelling on land at 28 Albany Crescent, East Killara for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

 

The conditions of consent are as follows:

 

Conditions that identify approved plans:

 

1.     Approved architectural plans and documentation

 

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

 

Plan name

Lodged with Council

Drawn by

Dated

10H193/1D

28 July 2011

Peter John O-Brien & Associates

21.07.11

10H193/2D

28 July 2011

Peter John O-Brien & Associates

21.07.11

10H193/3D

28 July 2011

Peter John O-Brien & Associates

21.07.11

10H193/4

2 May 2011

Peter John O-Brien & Associates

21.07.11

BASIX Certificate A110009

2 May 2011

-

15 April 2011

Bushfire protection report

18 May 2011

Planning for Bushfire Protection Pty LTD

15 May 2011

 

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

 

2.     Inconsistency between documents

 

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

 

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

 

3.     No demolition of extra fabric

 

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

 

Reason:         To ensure compliance with the development consent.

 

 

 

 

 

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

 

4.     Road opening permit

 

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

 

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

 

5.     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.     Structural adequacy (alterations and additions)

 

Prior to commencement of any development or excavation works, the Principal Certifying Authority shall be satisfied that that those components of the building to be retained and/or altered will be structurally sound and able to withstand the excavation and demolition process.

 

C1.   Note:    Evidence from a qualified practising structural engineer, demonstrating compliance with the above and detailing, where relevant, means of support for those parts of the retained building shall be provided to the Principal Certifying Authority.

 

Reason:         To ensure that the development can be undertaken in accordance with accepted construction practices as indicated on the endorsed development plans, without the need for modification of the consent.

 

 

 

8.     Construction waste management plan

 

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s DCP 40 – Construction and Demolition Waste Management.

 

The plan shall address all issues identified in DCP 40, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.

 

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

 

Reason:         To ensure appropriate management of construction waste.

 

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

 

9.     Bush fire risk certification

 

Bush fire protection measures shall be carried out in accordance with the following bush fire risk assessment, report and certificate, listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

 

Document title

Prepared by

Dated

Bushfire Risk Assessment No 28 Albany Crescent, Killara

Planning for Bushfire Protection Pty LTD

18 May 2011

 

Prior to the issue of the construction certificate, the principal certifying authority must be satisfied that the construction certificate is in accordance with the recommendations of the report and certificate as listed above.

 

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

 

10.   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.

 

11.   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 $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, 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.

 

12.   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.

 

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

 

13.   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.

 

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

 

14.   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.

 

15.   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.

 

16.   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.

 

17.   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.

 

18.   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.

 

19.   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.

 

20.   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.

 

21.   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.

 

22.   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.

 

23.   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.

 

24.   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.

 

25.   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.

 

26.   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.

 

27.   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.

 

28.   Drainage to existing system

 

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped to the existing site drainage system. The installation of new drainage components must be completed by a licensed contractor in accordance with AS3500.3 (Plumbing Code) and the BCA. No stormwater runoff is to be placed into the Sydney Water sewer system. If an illegal sewer connection is found during construction, the drainage system must be rectified to the satisfaction of Council and Sydney Water.

 

Reason:         To protect the environment.

 

29.   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.

 

30.   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.

 

31.   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:

 

32.   Compliance with bush fire assessment, report and certificate

 

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all recommendations listed in the bush fire risk assessment and report below have been complied with:

 

Document title

Prepared by

Dated

Bushfire Risk Assessment No 28 Albany Crescent, Killara

Planning for Bushfire Protection Pty LTD

18 May 2011

 

Reason:         Statutory requirement.

 

33.   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. A110009, 15 April 2011 have been complied with.

 

Reason:         Statutory requirement.

 

34.   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.

 

Conditions to be satisfied at all times:

 

35.   Outdoor lighting

 

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

 

Reason:         To protect the amenity of surrounding properties.

 

 

 

 

 

Stuart Ratcliff

Senior Development Assessment Officer

 

 

 

 

Kimberley Munn

Acting Team Leader Development Assessment South

 

 

 

 

Corrie Swanepoel

Manager Development Assessment Services

 

 

 

 

Michael Miocic

Director Development and Regulation

 

 

Attachments:

A1View

Zoning extract

 

2011/171968

 

A2View

Location sketch

 

2011/171966

 

A3View

SEPP1 objection

 

2011/171907

 

A4View

Plans

 

2011/171847

 

A5View

DOP circular

 

2010/234693

  


APPENDIX No: 1 - Zoning extract

 

Item No: GB.12

 


APPENDIX No: 2 - Location sketch

 

Item No: GB.12

 


APPENDIX No: 3 - SEPP1 objection

 

Item No: GB.12

 




APPENDIX No: 4 - Plans

 

Item No: GB.12

 





APPENDIX No: 5 - DOP circular

 

Item No: GB.12

 



 

Ordinary Meeting of Council - 23 August 2011

GB.13 / 517

 

 

Item GB.13

FY00382/3

 

4 August 2011

 

 

Delivery Program and Operational Plan
2010-2011 4th Quarter Update

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To report to Council the progress over the period April to June 2011, against the 2010-2011 Operational Plan.

 

 

background:

Section 404 of the Local Government Act, 1993 requires a progress report to be presented to Council, with respect to the principal activities detailed in the Delivery Program, at least every 6 (six) months. Although the legislation only requires  reporting every six months, Council is continuing to report quarterly as a commitment to improving management processes and transparent and accountable decision making processes.

 

 

comments:

A progress report for all actions against the key performance indicators contained in the 2010-2011 Operational Plan is attached.

 

 

recommendation:

That the 4th quarter Operational Plan review 2010-2011 be received and noted.

 

 

 


  

Purpose of Report

To report to Council the progress over the period April to June 2011, against the 2010-2011 Operational Plan.  

 

Background

 

Section 404 of the Local Government Act, 1993 requires a progress report to be presented to Council on the principal activities in the Delivery Program every 6 (six) months.  This follows the requirements of the NSW Division of Local Government’s Integrated Planning and Reporting guidelines and the Local Government Amendment (Planning and Reporting) Act, 2009.

 

The Delivery Program and Operational Plan 2010-2014, was adopted by Council on 8 June 2010. This document reflects the directions expressed by the community and Council formed as part of the development of the Ku-ring-gai Community Strategic Plan.  The Operational Plan contains four (4) year objectives against each of the principal activities. One year actions and key performance indicators are included to detail what Council intends on doing and how to measure its progress.

 

The six (6) principal activities include:

 

·    community development

·    urban environment

·    natural environment

·    planning and development

·    civic leadership and corporate services

·    financial sustainability

 

This report provides a quarterly update for the period of January to March 2011.  Quarterly reporting to Council is undertaken to assist the management of council’s programs and activities and to improve transparency and accountability in decision making and reporting processes.

 

Comments

 

Attachment A1 documents progress against the 63 function areas in the Operational Plan and Delivery Program and the 88 key performance indicators [KPIs] that relate to Council’s long term objectives.  This includes comments against the progress against each action.  Data against the key performance indicators has been reported where this is available, although for most indicators the information is not yet available and will only be collected and reported in the annual report.

 

Supplementing the information in the attachment additional comments are provided for the following areas:

 

Development Assessment

As at the end of June 2011, the number of outstanding applications (DA, S96 and S82A reviews) stood at 186. This represents a decrease compared to the 211 applications reported for the end of the previous financial year and is significantly below the desired threshold of 450 applications.

 

Our median processing time for all DAs, S96 and S82A review applications for the fourth quarter was 45 days which remains well below the 60 days target.

 

Land and Environment Court costs at the end of March amounted to $1,353,482 and exceeded the full year budget of $1,235,000. This is attributed to increased legal costs associated with a number of highly complex appeals largely outside of Council's control. This variance is moderated by an increase in legal costs recovered which exceeded the budgeted $200,000 by approximately $95,000.

 

Regulation and Compliance

In the reporting quarter Council issued 45 building certificates, with a total of 193 for the financial year. Overall, there was a 12% decline in demand for building certificates and this may be attributed to the general slump in real estate sales across the wider community.

 

Environmental Levy

Council’s was successful with an application to IPART for an extension of the environmental levy. The $21m levy program will run for period of eight (8) years and fund a range of environmental projects such as storm water remediation and harvesting, assistance to achieve energy reduction targets and protection of biodiversity through weed control and education. Residents will incur a modest 2.8% increase in their rates to deliver the levy program, which is consistent with the communities objectives identified in Council's Community Strategic Plan.

 

The completion of annual bushland regeneration contracts conducted over sixteen sites across the local government area will continue due to the successful extension of the environmental levy.

 

Throughout the 4th quarter Council delivered environmental education displays at three major community festivals,  Additional opportunities provided to the community included special events organised through the “Walks and Talks” program and national events including Earth Hour.  Banners for climate change and weed awareness were produced and displayed in prominent places to advance environmental awareness. Additional voluntary support for the weed awareness program was made available at shopping centres, school fetes and at the annual Wahroonga Fair.

 

Community 

Community activities throughout the quarter attracted high numbers of seniors to all sessions. Senior’s Seminars presented during the 4th quarter included the continuation of the successful Falls Prevention program, Managing your Finances, a practical First Aid demonstration from St John Ambulance, along with a presentation from The Aged Care Rights Service (TARS), an organisation that offers support for seniors in their own homes.   A community kitchen was established at the Ku-ring-gai Community Workshop “The Shed”, where the male participants meet fortnightly with assistance from Council staff and a Home Economist. The aim of this program is to enable the participants to develop cooking skills while increasing their social networks and reducing the risk of social isolation. Work has begun on improving access at Turramurra Seniors Centre with a grant from the NSW Department of Ageing, Disability and Home Care. Lindfield Seniors Centre also received a small amount of funding to improve the meeting rooms.

 

The Annual Ku-ring-gai Hornsby Volunteer "Thank you" Luncheon was held at Roseville Golf Club in May to acknowledge the contribution that volunteers and community organisations make to our community. Over 215 volunteers attended the luncheon representing organisations such as Meals on Wheels, Easy Care Gardening, Community Transport and Neighbourhood Centres.

The April School Holiday Program was very successful with a total of 1210 attendees for the 3 programs offered, operating at a total of 95.86% capacity - the highest ever attendee numbers for an April program. Kids Getaway had 404 attendees averaging 50 children attending each day resulting in 95% capacity, and the St Ives Kids Klub had a daily average of 381 with100% capacity.

The West Pymble Kids had 425 attendees with a daily average of 43 children attending each day, and all Kids Klub excursions where fully booked with waiting lists - highlights included Calmsley Hill Farm, Maritime Museum, Circus Workshop, and the Ku ring gai Wildflower garden. The Getaway program delivered 56 excursions including Go Karting, Treasure Hunt, and Silverwater sports.

 

During the month of April, 68 new citizens from 19 different countries participated in the citizenship ceremony. High numbers continued in May and June with a total of 126 people from 19 different nations becoming new citizens.

 

While the numbers using the Gordon library’s Ezone are stable, the library has experienced a sharp rise in patrons making use of free Wi-Fi within the library - an increase of 40% on last quarter's numbers. During the April school holidays the library also hosted a number of very successful events for children.

 

Wet weather forced the cancellation of Festival on the Green on Sunday 1 May, a very successful alternative was held in the St Ives Shopping Village with a packed program of entertainment that was enjoyed by children and parents alike.

 

Planning has commenced to incorporate a mezzanine storage and lower level storage at East Roseville Hall due to a successful grant application from the Community Partnerships Program. Under the proposed internal arrangement, the Cavalcade of History and Fashion will occupy a new mezzanine level over the existing stage, with the Preschool and Kids Care obtaining new secure accessible storage at floor level.

 

The Active Ku-ring-gai Program has continued to produce consistent and strong registration numbers throughout the quarter with programs such as Gym without Walls, Social Tennis and Yoga being the most popular, with Tai Chi and Zumba also continue to be popular in the community.

 

Human Resources

HR participated in the Local Government Management Solutions benchmarking survey pilot program attending workshops to refine specific measures and formulas, further completion of the metrics and input of data is scheduled for completion at the end of August 2011. Participating in the survey will provide an opportunity to compare our performance in key HR areas to that of other councils.

 

Staff who participated in the Local Government Management Challenge 2011, provided the General Manager, Directors and HR with a presentation of the pre-task challenge on Workforce Planning, along with feedback on the benefit of participating in the challenge.  The team’s feedback included initiatives such as formalising an internal mentoring program and developing a recruitment brand for Council.

 

In this quarter ten [10] OH & S incidents were reported, with five [5] resulting in lost time injuries.  Through the StateCover early reporting incentive scheme Council ensured that all claims were reported with the 48 hour required period.

Urban Environment

The majority of the maintenance programs were completed within or above the target levels with only the proactive tree maintenance program not meeting the target due to higher than expected reactive tree maintenance requests and lack of staff resources.

 

Most of the projects were completed where plans and specifications were available to call tenders and further commentary on the status of all projects is covered in the 4th quarter budget review report.

 

Investments     

Council’s investment returns were above benchmark. The weighted average return for Cash for the financial year was 4.91% compared to the benchmark 11am Cash Rate of 4.85%. The weighted average return for the total portfolio (except Cash & TCorp) for the financial year was 6.91% compared to the benchmark of the UBS Bank Bill Index of 4.98%. The weighted average return for TCorp for the financial year was 9.45% compared to the benchmark Long Term Growth Facility Trust of 8.51%.

 

Available Working Capital  

Working Capital at 30 June 2011 is still to be determined as end of financial year processes are not yet finalised. However, at the time of writing this report it is anticipated that the targeted Working Capital balance will be achieved. Council's Long Term Financial Plan sets certain parameters to measure Council's financial sustainability in the short and long term and available Working Capital is one of those critical parameters. Meeting the targeted Working Capital balance at 30 June as set by the Long term Financial Plan is extremely important in ensuring that Council remains financially sustainable and able to plan for the future delivery of services and assets.

 

Resolutions and Questions Without Notice

The number of outstanding resolutions of Council and questions without notice (QWN) are included in the table below.

 

Status as at 5/7/2011

 

Department

Resolutions

Outstanding

Resolutions

Pending

QWN

Outstanding

QWN

Pending

Civic

8

2

0

0

Community

1

0

0

0

Corporate

5

2

0

0

Development and Regulation

3

0

0

0

Operations

2

2

0

0

Strategy and  environment

50

13

0

0

 

 

Governance Matters

 

Section 404 of the Local Government Act, 1993 requires a progress report to be presented to the Council on the principal activities detailed in the Delivery Program at least every six (6) months. This quarterly update meets Council’s statutory requirement in this regard.

 

 

Risk Management

 

Council implemented an extensive improvement project to develop and implement a risk management strategy and framework. This included the recruitment of a fulltime technical resource and whole of organisation consultation process which resulted in the training of in excess of 100 staff and the development of Risk Registers to identify significant corporate risk.

 

A full risk assessment of Council’s performance will be presented in the Annual Report.

 

Financial Considerations

 

There are no direct financial considerations associated with the adoption of the recommendations contained within this report. The achievement of KPIs may have a financial impact on the organisation and that will be considered in the June quarterly budget review report being considered by Council on 23 August.

 

Social Considerations

 

The NSW Government’s Integrated Planning and Reporting reforms have been introduced to replace the former Management Plan and Social Plan with an integrated framework. It includes a requirement for Council’s to prepare a long-term Community Strategic Plan. 

 

Council adopted its Community Strategic Plan 2030, on 13 October 2009. The Plan is the first plan of its type prepared by Ku-ring-gai Council and the foundation of the plan is for Ku-ring-gai to become a more sustainable place.

The plan includes matters Council has direct control over and others it can influence, outlining how Council can work with and encourage others. In response, Council’s Community Strategic Plan 2030, the principle activity for community development has two (2) aims;

 

1.   Council’s community and cultural programs and services are accessible, affordable and meeting current and emerging needs;

2.   Our community is culturally and socially aware and participated in activities that contribute to a sense of well-being.

 

The Operational Plan contains a number of actions designed to consider and deliver relevant programs inline with the above objectives.

 

Environmental Considerations

 

The formation of strategies and delivery of programs within urban and bushland environments undergo a process of environmental review to ensure they comply with legislative requirements and are consistent with Council’s policies.  This reflects the high importance placed on the natural environment by the community and Council. The environmental assessment processes are under continual review reflecting the constant update of information concerning the condition and state of the natural assets.  This information is also coupled with Council’s internal environmental education training program for staff and the various community environmental education programs made available by Council.

 

 

Community Consultation

 

There has been an increase in the use of Council's website, Resident Feedback Register and project specific resident lists to feedback information to the community. All major projects now have an 'interested resident distribution database' whereby members of the community can signup to receive project information and key decision results for specific projects/ programs of importance to them. Along with specific distribution lists, the website is continually updated to ensure all current project information is displayed and available for the whole Ku‑ring‑gai community.

 

 

Internal Consultation

 

All Departments have provided the status and comments on the progress of Key Performance Indicators and performance measures in the attached report.

 

Summary

 

Comments on the status of the forth quarter report on the Operational Plan are provided in Attachment A1.

 

This includes comments on the status of key performance indicators for each function area.

 

As noted in this report, there has been a variety of projects and actions undertaken by Council to achieve the outcomes identified by the Operational Plan.

 

Recommendation:

 

That the report on the progress of the Key Performance Indicators contained in the 2010-2011, Operational Plan for the 4th quarter of the Plan be received and noted.

 

 

 

 

 

 

Jeremy Pendergast

Corporate Planner

 

 

 

 

Andrew Watson

Director Strategy & Environment

 

 

Attachments:

A1View

Delivery Program and Operational Plan 2011-12 4th Quarter Update

 

2011/165266

  


APPENDIX No: 1 - Delivery Program and Operational Plan 2011-12 4th Quarter Update

 

Item No: GB.13

 

        1         Community Development

 

        11       Service Planning and Development

 

        1203   Planning and Development                                          MCDV01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               2010–11 priority Community Plan                        95  %                              100 %

                                               recommendations completed

 

          Comments:

          Financial Assistance to Community Groups Program 2010 completed. Review and update of guidelines for 2011 Program finalised including Information Workshop for all applicants.

 

          Web enabled Ku‑ring‑gai demographic Profile and Atlas is fully functional and up to date. A Demographic Profile training Workshop was conducted in April for local community groups. Over 32 community group representatives participated in the workshop covering areas such as use of census data in service planning and development, key demographic characteristics of Ku‑ring‑gai,    application of demographic data in submission writing etc.

 

          Currently there are two staff members who are accredited as language aides and available to provide basic translating and interpreting assistance in Cantonese and

          Mandarin to residents of Ku‑ring‑gai for council related matters.

 

          Ku‑ring‑gai Meals on Wheels Service has delivered over 11,564 meals to local residents in the past three months. The Service is currently in the process of increasing meal production capacity to           provide meals to Hornsby Meals on Wheels.

 

          Regular attendance at Aboriginal Heritage Office and Northern Sydney Aboriginal Social Plan coordination meetings including dissemination of information and liaison with appropriate Council staff     members. The 2007 – 2011 Northern Sydney Aboriginal Social Plan was concluded in June and currently in the process of undergoing a formal evaluation.

 

          Reconciliation Week was celebrated with a concert held at Ravenswood School for Girls with over 200 people in attendance. Students from 5 local schools came together to perform on stage        Voices for Reconciliation using music, dance and drama to communicate their messages and feelings on this important community issue.

 

        12       Aged Care and Disability Planning and Development

 

        1200   Aged and Disability Services                                         CDO01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Priority actions from the Disability                        90  %                              100 %

                                               Discrimination Act Action Plan completed

                               c               Satisfaction with seniors community education      85  %                                94 %

                                               programs

 

          Comments: Turramurra Seniors Centre

          Work has begun on improving access at Turramurra Seniors Centre with a grant from the NSW Department of Ageing, Disability and Home Care. An accessible toilet is

          being installed and the ladies toilet is being upgraded. Lindfield Seniors Centre also received a small amount of funding to improve meeting rooms for seniors.

          Investigations are underway about improving the provision of information in accessible formats. Discussions have taken place with both Vision Australia and Guide     Dogs NSW relating to software options. Accessibility has been improved at the Community Workshop "The Shed' at St Ives. The Missed Business Booklet has been        reviewed and will be re‑printed subject to updated content being received from the Australian Human Rights Commission relating to the recent introduction of the           new Access to Premises Standards. 

 

          Access and Equity

          During the quarter Council ran 3 information seminars and continued on with the extremely popular 8 week program of classes focusing on Falls prevention. The     seminars covered a diverse range of topics including; “Managing your finances” by the Financial Information Service at Centrelink, a First Aid practical demonstration        for seniors from St Johns Ambulance as well as a presentation from The Aged‑Care Rights Service (TARS) who talked about what services they offer and how they         can support seniors in their own homes.

 

          Seniors Program

          The ever popular H.E.a.R.T. for Seniors program (Healthy Eating and Recreational Time) continued with very positive feedback. Fifty seniors participated in this 2 phase program which included a         cooking demonstration followed by a lunch excursion in keeping with the theme of the cuisine being demonstrated. During this quarter the classes focused on Greek and Lebanese recipes and the   seniors visited restaurants in St Peters and Greenacre.

 

Volunteer Coordination

Volunteer Thank You Luncheon: over 215 volunteers attended the luncheon representing organisations such as Meals on Wheels, Easy Care Gardening, Community Transport and Neighbourhood Centres. This joint project between Ku-ring-gai Council and local HACC organisations achieved a 99% satisfaction rating. 

Council worked in partnership with Willoughby Council, Ryde Council and Community Connect Northern Beaches to organise the inaugural Volunteer Expo in Northern Sydney which was held at Chatswood RSL. This very successful event resulted in attracting the interest of 84 potential volunteers for Home and Community Care (HACC) services.  These services included Meals on Wheels, Community Aid, disability support services and community transport.

 

As part of the commitment to building capacity in the HACC sector over 100 people attended training on the “Way to Go Volunteer Management Toolkit” and general volunteer management principles.

 

        13       Children’s Planning and Development

 

        1201   Children Services Development                                    CDOF01

          Comments:

          Local children’s services were surveyed in May about the usage of their services and gaps in service provision. The feedback revealed the majority of children’s services in Ku‑ring‑gai were experiencing high levels of utilisation in the first 5 months of 2011.

The National Quality Framework (NQF) reforms and associated policy and legislative changes are providing many challenges for all local children’s services. Council has attempted to address this issue by providing regular news and updated information about the reforms and      highlighting NQF issues at local children’s services forums.

 

          Further progress related to the development of Children's Services Hub is dependent on the future of Town Centre Plans and identification of other suitable Council owned sites.

         

        1202   Family Day Care                                                           FMDC01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Achieve utilisation of Family Day Care                 90  %                                95 %

 

          Comments: During this quarter five new carers have been recruited and orientated into Council’s Family Day Care Scheme and thereby increasing the capacity to accommodate approximately 25 more families. There are currently over 250 families enrolled within the         Ku‑ring‑gai Family Care Scheme.

 

          During this quarter the scheme distribute quality assurance surveys to all families enrolled in the service. The areas covered in the survey included; interactions, physical       environment, children's experiences, learning and development, health, hygiene, nutrition, safety and wellbeing, carer and staff and management and administration. The       survey results indicated a 95% parent satisfaction with the level of service provided by the Scheme.

 

          In June Quarter 33 play sessions have taken place. During the month of May the scheme celebrated Family Day Care Week involving a range of         activities including dress ups from different countries, working with clay, story telling and many craft activities.

         

 

        1204   Thomas Carlyle Children’s Centre                                    NSO

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Achieve utilisation of the Thomas Carlyle              90  %                                94 %

                                               Children’s Centre

 

          Comments:

          Thomas Carlyle Children’s Centre continues to provide a high quality long day care service for families living in Ku‑ Ring‑ Gai. The children are constantly encouraged to be engaged, challenged and stimulated to their    fullest potential with the various activities provided at the Centre.

 

          A number of special events were organized for the children and the families including Easter celebrations, environmental programs, Mother’s Day morning tea and cultural musical productions involving African and    Aboriginal and Torres Strait Straight Islander influences. These types of activities benefit children’s cognitive learning and increase awareness of their physical and cultural environments.

 

          A major highlight for the pre‑school children was a visit to the East Lindfield supermarket. This activity incorporated literacy and numeracy activities including identifying cost of items, reading of labels and various         uses of technology.  

 

        1206   Immunisation                                                              FMDC01

          Comments:

 

During this quarter six immunisation clinics were held.      In total 87 families attended Council’s immunisation clinics with a 95% user satisfaction rating.

 

        14       Youth Planning and Development

 

        1205   Youth Services                                                             YTHO01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Participants in Youth Services activities           5,000  No                               8,833   Two Parent Forums, Youth Week 2011 Program, Discobility

 

          Comments: Total attendances for each quarter are as follows;

          Council in partnership with Ku-ring-gai Youth Development Service facilitated Parent Forums of the following topics; 'Lost in Translation - the art of conversing with a teenager' and 'World Wide Web - the good, the bad and the ugly'. There were a total of 170 parents in attendance. One of the forums reached a wider audience than ever before with the help of Webex, an online video conferencing system.

 

Youth Week 2011

 

Highlights of Youth Week 2011 in Ku-ring-gai included a disco for young people with a disability (Discobility) and a seminar on the topic of 'Young People and the Law' in St Ives High School. There were a total of 300 young people in attendance across all Youth Week events.

 

 

 

Gordon SRC

 

Gordon SRC is in operation 5 days per week with an attendance of 1004 young people in the quarter. Young people have been using the space to take breaks from their studies, socialise with friends or receive assistance from youth workers.

 

        15       Leisure, Art and Cultural Development

 

        1300   Art Centre                                                                    ARTC01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Student enrolment in Ku‑ring‑gai Art Centre         90  %                                95 %

                                               programs

 

          Comments:

          Classes at the Art Centre are available for adult, teenagers and children (5 yrs).

 

          Visual art, guitar and creative writing are designed to cater for a wide range of students, musicians and writers.  Art centre tutors are industry professionals and classes are available in traditional and contemporary methods of art making.

 

          The program is relevant within the Australian art scene whilst providing core traditional classes such as oil painting, watercolour, botanical art and    printmaking.

 

          New classes include Contemporary Sculpture & Installation, Precious Metal clay & Beaded Jewellery.

 

          Weekend Artist Workshops

          A series of art workshops are also available on the weekend,   workshops cater for busy students who do not have time to commit to weekly classes.  Disciplines included are printmaking,     watercolour, botanical art, creative writing (writing short plays), drawing, clay, metal and silver jewellery. 

 

          School Holiday Programs for children and teenagers

          This program is delivered each school holiday period and is available throughout the year.  Classes are tailored for 5 years and include drama, creative writing, guitar, pottery (6 yrs), painting and drawing, beaded   jewellery and collage.

 

Exhibitions

          A series of exhibitions are presented annually (12 – 15 exhibitions per annum).  Exhibitions include Children & Teen exhibition, Annual tutors show (a highlight of our exhibition calendar), student         exhibitions and by independent artists. 

 

        1301   Community Programs                                                   PRLS01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Enrolment at vacation care centres and school      80  %                                96 %   Overall 95.86 Capacity. Highest ever April program on record

                                               holiday programs

                               b               Capacity enrolment of Spring into Action              70  %                              100 %   No program on offer ‑ however the SIA trip that was offered in

                                               activities                                                                                                                May Fully booked out within1hour10min and has a waiting list.

 

          Comments:

          April 2011 ran for a total of 9 days pupil free day care at West Pymble Community Hall: Monday 11 April ‑ Thursday 21 April 2011 Pupil Free Day at West Pymble on Wednesday 27th April.

 

          APRIL SHP: A total of 1210 attendees booked to attend at the 3 programs over school holidays operating at 95.86% capacity. This was the highest attendance numbers for the April        program and our highest reached capacity on record.

 

·      Kids Getaway had 404 attendees ‑ averaging at 44.9 children attending each day ‑ 95.2% capacity

·      St Ives Kids Klub had 381‑ Daily average of 42.3children attending each day ‑ 100% capacity

·      West Pymble Kids had 425 attendees‑ with a daily average of 42.5 children attending each day ‑ 91.59%

·      Kids Klub EXCURSION HIGHLIGHTS: All Kids Klub excursions where fully booked out with waiting lists, highlights included; Calmsley Hill Farm, Maritime Museum, Circus Workshop, Ku‑ring‑gai      Wildflower garden.

 

          Getaway: 5‑6 excursions where completely booked out and 2/3 in centre days also booked out. Children participated in excursions to Go Karting, Treasure hunts, Silverwater sports,     movies and time zone and participated in in‑centre workshops of NSW cricket and survivor Gangari.

 

          SPRING INTO ACTION: Offered another overnight exploration trip to our seniors, The Great Southern Exploration a total of 47 places were offered and within 1 hour and 10 minutes the trip was fully           booked out, with 22 people on a waiting list. The September trip includes accommodation and tour of Bowral to the Tulip time festival.

 

        1302   Cultural Development                                                  MLCD01

          Comments:

          This year ongoing review of programs and activities run through the Leisure and Cultural Development section have been very     successful and assisted in achieving positive outcomes. The Tulkiyan Interpretation centre is currently on track with new DA submitted to comply with heritage requirements. Planning for the next Tulkiyan Open Day has already commenced scheduled for the 4 September 2011.

 

         

 

        16       Library Services

 

        1350   Library Services                                                            MLIB01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Acquisitions budget spent                                 100  %                              100 %

                               b               Satisfaction with library services                         70  %                                94 %

                               c               Increase in number of hours of internet used       10  %                                40 %

 

          Comments:

          Library Branches

          The Ezone facility continues to be heavily used compared to usage prior to its launch in July 2007, however current activity has decreased slightly during this quarter to 7,964 from 8,597 compared with the corresponding quarter last year. The average rate of utilisation of all terminals across the Library decreased from 53% to 47% with Gordon branch showing the highest usage rate. The loss of internet activity has been the result of the library introducing free wireless internet access for laptops at the beginning of the previous financial year. Usage of this facility has increased from 5,123 logons in the corresponding last year to 6,512.        This has proved very popular and represents an increase of 27.1% usage with a total increase of all internet usage of 5.7% for this quarter.

 

          During this quarter, usage of Yourtutor, the Library’s online tutorial service for students from Year 4 to Year 12, was accessed by 212 students of whom 83% agreed that Yourtutor was helpful and 84% would        recommend it to a friend. These results show a marked usage increase compared with those for the corresponding quarter in 2009‑10. A total of 212 students benefited from the facility during the fourth quarter in   2010‑11 compared with 129 during the fourth quarter in 2009‑10.

 

 

 

 

 

 

 

 

 

 

 

 

        17       Community Functions

 

        1303   Community Functions                                                  ACUO01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               People attend events                                   15,000  No                             15,235

 

          Comments:

          Festival on the Green Highlights

 

          Although wet weather forced the cancellation of Festival on the Green on Sunday 1 May, thousands of people still flocked to St Ives Shopping Village to enjoy a packed program of entertainment under the dome.

 

          Kids sang and danced along with their favourite ABC TV character, Peppa Pig, while Empress Stiltdance dazzled           audiences with a stunning performance of Kahuku: A Butterfly Romance, blending dance, acrobatics and drama.

 

          Youngsters inspired by the Empress Stiltdance acrobats hit the Circus Workshop in droves, learning hoola hoop, stilts,           plate spinning and juggling, while the animal farm, roaming performers, face painting and craft activities kept everyone           busy throughout the day.

 

          Although we were disappointed that we couldn’t deliver the full program of events due to the heavy rain that prevented           set‑up on the Village Green earlier in the week, the Festival was still a wonderful success and a testament to the           outstanding community spirit in Ku‑ring‑gai.

 

          Festival on the Green was proudly presented by Ku‑ring‑gai Council in collaboration with major sponsor LSV Productions,          corporate sponsor St Ives Shopping Village, and media partner North Shore Times.

 

          Guringai Festival Highlights

          The 2011 Guringai Festival was held from 26 May ‑ 10 July. Ten Northern Sydney Councils and numerous reconciliation groups and organisations contributed to this annual event which has been very successful.

 

        18       Sport and Recreational Facilities Management

 

 

        1250   Sport and Recreational Facilities Management             MCRP01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Permanent and seasonal allocation of                 100  %                              100 %

                                               community and sporting facilities completed

                                               within agreed timeframes.

 

          Comments:

          Active Ku‑ring‑gai

          The Active Ku‑ring‑gai Program has continued to produce consistent and strong registration numbers in Term 2 and Term 3, 2011 with Gym Without Walls, Social          Tennis and Yoga being the most popular programs. The new classes of Tai‑Chi and Zumba continue to show interest from the community and yielded the most new       registrants of the program. New programs to be implemented in term 4 include a new Social Tennis competition at Roseville and the return of Fitbox at Bicentennial           Park.

 

 

 

 

        2         Urban Environment

 

        21       Engineering Services Asset Maintenance and Management

 

        2901   Street Lighting                                                             DESE02

          Comments: Recently obtained data from Ausgrid that looks as though we will be able to link a pole and its lights to location coordinates, be able to check locations of          lights relative to each other, especially areas where old 2*20W remain and could be eliminated.

                   Design for Philip Mall upgrade includes replacement of existing old lights on street light tariff with LED lights from Council's meter, will allow control over timing and

          lighting levels that would not be possible on current street light feed.

 

        3153‑8                                                              Asset Maintenance    MGES01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Improvement in the condition of Council’s             10  %                                  5 %

                                               building assets

 

          Comments: Service levels continue to be developed in accordance with Council's asset management plans. Asset management plans were reported to Council in       February 2011 and it is not proposed to finalise the service levels until Council has considered the funding gaps associated with all of Council's assets. Further consideration will need to be given to the level of funding for buildings when Council assess the asset data for all assets to determine if additional funding can be provided to buildings.

 

          Implementation of Fleet assets into Work & Assets system is continuing with migration of assets and tables being established and fortnightly meetings held to           monitor progress. Significant time has been involved with data entry and configuration with fleet assets, delaying collection of data for the calculations of fair value         for all the outstanding assets.

 

          Maintenance of Council's assets in accordance with the 2010/11 programs has progressed well.  Building Trades achieved a 96% completion of all programmed       maintenance. Theft of cabling for flood lighting has resulted in urgent security measures and replacement of assets and additional costs.  Although Civil Works operations have           experienced a lack of permanent employees and absences, output is minimally affected. Measured activity from Jan ‑ Jun 2011 was 253sqm/mth for asphalt          footpath, 207 sqm/mth for concrete footpath, and 700 potholes repairs per month. Contractors were utilised to complete programs for heavy patching and footpaths.

 

        3201   Building Management                                                  MGES01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Building Maintenance Program completed            85  %                                90 %

 

          Comments: Excel based spreadsheet developed to manage building maintenance program, sorted into years, costs breakdown for each (labour, material, contractor).

          Research on Fencing and practices and process undertaken, however limited time to update due to other higher priority operational requirements 

 

 

 

        23       Infrastructure Design and Construction

 

        OSPR   Open Space Projects                                                    MOSP01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Increase of recycling material in operational           4  %                                  100

                                               projects

                               b               Increase of recycling material of waste                  4  %                                  100

                                               products

                               c               Roadworks, footpath and drainage program          95  %                                  100  

                                               completed as per adopted list

                               d               Infrastructure levy projects completed              100  %                                  100

                               e               Stormwater levy charge program implemented     90  %                                  100

                                               within set timeframe

 

          Comments: All open space projects and levy funded projects have been completed on or close to time. Recycled products are used where practical and in accordance with specifications.

 

        RFDP   Roads, Footpath and Drainage Program                        DESE02

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Open space car park and fencing program          100  %                              100 %

                                               completed

                               b               Park improvement program completed                90  %                                90 %

                               c               Playground upgrade program and associated      100  %                               100 %

                                               works completed

                               d               Sportsfield improvement program completed       90  %                              100 %

                               e               Hard court improvement program completed     100  %                              100 %

                               f               Canopy replenishment program completed        100  %                              100 %

 

          Comments: Roads, Footpath or Drainage program were significantly completed.  Footpaths and traffic devices constructed in accordance with Council program. 

          Traffic devices have been upgraded to new RTA specifications.  Staff have been able to change the kerbs on some blister islands to make it easier to clean.

          Parks, sportsfield and canopy replenishment programs have been completed. However, there were issues with the grass used at Auluba and Lofberg Ovals but this is expected to recover over the summer months.

 

        24       Traffic and Transport

 

        2951‑3                                                                         Road Safety    RSOF01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Road safety program completed within set            90  %                              100 %

                                               timeframe

 

          Comments:  

          The Child Restraint Check Day held on 25 May 2011 with 2 restraint fitters work solidly from 9:30am to 4pm, checking and adjusting 72 child restraints on day. Anecdotal feedback form the parents        and carers was that the service provided was excellent and was very much appreciated.

         

The Term 2 (April) 2011 Safety Outside Schools program saw 94 “LOOK” warning stencils installed at school crossings and crossing points and 250 pedometers were distributed for the Walk to   School Day promotion 20 May 2011.

 

          As part of the Pedestrian Safety Campaign targeting the Roseville town centre and surrounding areas, 28 “LOOK” stencils were placed at crossing points. Bus shelter posters, 3 adverts, 4 banners   and other promotional material were also used to promote the pedestrian safety message throughout Roseville.

 

          The speed reduction campaign targeted four 50km local streets, which included advertising, use of a mobile speed display unit which detects and displays speeds travelled and police speed    enforcement.

 

          A Helping Learner Drivers Workshops was held on 26 May 2011 attracted 39 attendees. The workshop was very well attended, with a lot of interested parents. The group were responsive and      interested. Lots of questions were asked and answered during the session.

 

        2952   Traffic and Transport                                                    MGTT01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Traffic facilities program completed within set       90  %                              100 %

                                               timeframe

 

          Comments: Objectives have been met, other than reporting the bus stop study to Council to seek approval and funding, because of a delay in receiving the study from

          the consultant.  The report and data received is being considered and will be reported to Council after that assessment (including input from the HRC).

 

        25       Emergency Management

 

        2902   Rural Fire Service                                                         MGES01

          Comments: The Hornsby Ku‑ring‑gai Rural Fire Service (RFS) District Manager has re‑issued a submission in relation to having simple principles agreement for cost sharing and negates the need for a prescriptive and most likely unworkable MOU.

 

        2903   Emergency Management                                              MGES01

          Comments: Contact register regularly updated. Vulnerable community’s database sent to Emergency Management Staff contacts on request.  Investigation of

          HELIPAD for Dangar Island.  F3 Freeway Emergency management access at turn bays reviewed in consultation with RTA, Police, Fire Brigade and Ambulance. LEMC

          continuing discussion at local and District level for supply and distribution of water in the event of stranded motorists on F3.  New RFS Catering Facility completed at

          the former Fire control Centre, Hornsby Heights. 

 

        26       Waste Management

 

        3152   Drainage Maintenance and Repair                               MGWM01

          Comments: Both planned and responsive drainage maintenance works continued throughout the year, including the maintenance of gross pollutant traps, pit inserts

          and sediment basins.

 

        3300   Litter Control and Clearing                                          MGWM01

          Comments: litter patrols and removal continuing per planned and responsive activity.

          Stormwater pollution devices have been maintained per the service Contract

 

        3302‑3                                                                 Street Sweeping    MGWM01

          Comments: Street sweeping operations have continued per the planned sweeping schedule.

          A new sweeper has been purchased as part of the plant replacement schedule to assist in maintaining the fleet.

 

        3350   Domestic Waste Service                                              MGWM01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Diversion of waste from landfill                           60  %                                60 %

 

          Comments: Waste tonnages have been consistent with achieving a 60% reduction to landfill from recycling of green waste and food and beverage containers.

 

        3352   Recycling Service                                                        MGWM01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Contamination by weight for dry recyclables           4  %                                  4 %

                                               and green waste

 

          Comments: No incidents of contamination were reported from the receiving mills or collection contractor.

 

        3400   Trade Waste                                                                MGWM01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Compliance with Landfill Environmental                95  %                              100 %

                                               Management Plan

 

          Comments: Landfill monitoring continued per monitoring program.

 

        27       Open Space Services

 

        2404   Bushland Maintenance                                                 BOPS01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Bushland maintenance program complete            85  %                                 85 %

 

        2452   Playground  Maintenance                                             MPTR01

          Comments: All routine, operational and comprehensive playground inspections have been completed in accordance with the Australian Standard. All actions identified

          have also been completed.

        2457   Park Maintenance                                                        TECO02

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Park maintenance program completed                 85  %                                85 %

 

          Comments: Park maintenance program continued on all identified sites with the exception of railway gardens where work was ceased for a period due to safety

          matters that are currently being resolved with Railcorp.

 

          Park Asset Refurbishment was completed at Kendall Street Village Green, Cliff Oval, Echo Point Park, Roseville Memorial Park, Howson Park, St Ives Memorial Park,

          North Turramurra Golf Course and Yerramba Street Reserve.

 

        2500   Plant Nursery                                                               MPTR01

 

 

          Comments: Business Plan Development delayed until further information regarding timeframe for potential move to Vegetation Tip resolved

 

        2550   Open Space Asset Management                                   AOSA01

          Comments: All assets within open space areas have been inspected and given a condition rating, cost & depreciation values. All assets have been updated into the

          open space asset register and information provided to Strategy for fair valuation requirements.

 

 

 

        2557   Sportsfield Maintenance                                               SFMS01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Sportsfield maintenance program completed        85  %                                90 %

 

          Comments: Sportsfield changeover and maintenance programs completed in time for both summer and winter sports seasons. Some challenges experienced in winter    season due to amount of wet weather and intensive use by sports groups.

 

          Golf course maintenance programs completed within timeframe and budget. The condition of North Turramurra Golf Course greens and fairways has improved over      the last 12 months.

 

        2601   Tree Preservation Order                                               URFO01

          Comments: Council has received 296 Tree Works Applications form 1/4/2011 to 30/6/2011.

 

        2652   Tree Maintenance                                                        TRMO03

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Proactive tree maintenance program completed   10  %                                   5 %

                               b               Reactive tree maintenance programs complete    80  %                                80 %

 

          Comments:

          Reactive tree maintenance works are continuing with a high number of requests received in this period including a high number of fallen trees and branches due to inclement weather conditions. As a result a higher    number of inspections have been undertaken with a flow on effect being a higher then usual number of jobs outstanding assigned to each team.

 

Due to the focus on the reactive tree maintenance, it was not possible to complete the proactive tree maintenance program to the targeted level.

 

          In this period outstanding inspections have been reduced from almost 400 down to the current amount of 150. Outstanding works are currently 70 to the north Team and 40 to the South.

 

 

        28       Strategic Asset Management and Services

 

        2251   Asset Management                                                       CMSC01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Asset management program completed within      90  %                              100 %

                                               set timeframe

                               b               Funding strategy project milestones completed     90  %                                50 %

                                               within timeframe

 

         

Comments:

          Strategic Asset Management

 

          Throughout 2010/2011 Council adopted a series of key Asset Management Plans & Strategy compliant with the requirements of both National and State asset management legislative frameworks.

          The Asset Management Plans for Roads, Buildings, Bridges, Kerb & Gutter, Drainage and Road Structures & Street Furniture establishes current levels of service for    maintenance and financial allocations.  

 

          Asset groups re‑valued in the 2010/2011 fair valuation process included Community Land, Land Under Roads, Recreational Facilities, Artwork/Memorabilia, Fleet & Plant, and Car Parks.  Data      collection was undertaken by staff from Civic, Operations and Strategy & Environment. Methodology development was undertaken in consultation with technical officers from Operations, Strategy &   Environment and Finance, with Council's valuation of artwork and memorabilia completed by a Registered Valuer.

 

          Newly Acquired Asset procedures have been developed in conjunction with asset custodians and input from Finance. The draft procedures developed for Council asset custodians to clarify their responsibilities in regards to newly acquired and/or constructed assets. Training will be provided to staff who are involved in     construction and refurbishment of all assets to ensure the capture of relevant asset data and information throughout 2011/2012.  

 

          A Strategic Assets staff member has been seconded to assist with the implementation of an integrated Asset Management System ‑ Works & Assets. Until Council's Works & Assets system is fully     implemented details of any new/refurbished assets will be coordinated through Council's Strategic Assets section who will be responsible for coordinating the update of finance registers,          technical asset registers and insurance register.

 

         

Property Acquisitions & Commercial Property Management

 

          Council supported several reports on property acquisitions and voluntary planning agreements as a mechanism to deliver public benefit of new community assets and infrastructure. All commercial   leases are current and contain commercial terms & conditions.

 

        29       Open Space Planning

 

        2750   Open Space Planning                                                   SPRP01

 

 

 

 

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Open space planning project milestones               80  %                                    90

                                               completed within set timeframe

 

A draft plan of management for St Ives Village Green was publicly exhibited in April 2011 and adopted by Council in June 2011.  A draft plan of management for Ku-ring-gai Bicentennial Park, which was prepared and adopted for public exhibition in June 2011, is due to be adopted by Council in early 2011/12. Other draft plans of management which commenced during the financial year include St Ives Showground and Precinct Lands in the Mona Vale Road corridor and the Canoon Road Recreation Area

 

A number of projects were designed and documented by the Open Space Planning and Design team ready for tendering and construction. These included; Allan Small Park (East Killara) general upgrade, Balmaringa Reserve (South Turramurra) playground upgrade, Koola Park (East Killara) redevelopment, Blackburn Street Reserve (St Ives) playground upgrade, Echo Point Park (Roseville) upgrade, Moores Creek (Roseville) walking track upgrade, Two Creeks (Lindfield) track upgrade, Turramurra Memorial Park playground upgrade, Turramurra Memorial Park war memorial area upgrade, Karuah Park (Turramurra) exercise circuit and general park upgrade, and Gordon Recreation Ground shelter upgrade.

 

Another significant achievement was the progress made on Council’s largest capital works project, the NTRA development. A stormwater harvesting system which collects and stores water in a 10 million litre storage dam was completed early in 2010/11.  Complementing this is the substantial completion of a sewer mining system which treats and recycles 300,000 litres of water per day for sustainable irrigation of the golf course and the planned three new sportsfields. A masterplan for the new course was also completed, as was detailed design of the six holes to be built over the old landfill site and engineering design to cap and stabilise the landfill area.

 

As part of the Environmental Levy program, Council also adopted the Unstructured Recreation Strategy in October 2010. Focusing on Recreational pursuits in natural areas, this strategy included plans for Ku-ring-gai first formal mountain bike facility, located at the rear of Golden Jubilee Field, Wahroonga. Following community consultation, the plans were amended to replace the jumps area with a skills area. The contractor for the works was appointed during the third quarter and construction commenced in June 2011.

 

A recreation needs survey was also undertaken during 2010/11. In order to better meet the needs of the community, a random survey of 400 park users was conducted at ten different parks to assist Council in planning for facilities within parks. The results of the survey are being compiled by an independent consultant for Council’s consideration early in 2011/12.

 

 

 

        3         Natural Environment

 

        31       Bushland

 

        2408   Bushland                                                                      MCPS01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Bushland operation regeneration program            80  %                                95 %

                                               completed

                               b               Bushland levy regeneration program completed   80  %                                95 %

                               c               Bushcare program completed                             80  %                              100 %

                               d               Tracks and trail systems maintenance program     80  %                                95 %

                                               completed

                               e               Biodiversity strategy actions completed within       70  %                                75 %

                                               set timeframes

                               f               Bushland monitoring and research program          80  %                              100 %

                                               completed

                               g               Number of bushfire complaints (via CRS)            100  %                              100 %

                                               responded to within set timeframe

                               h               Asset protection zone managed                          90  %                                95 %

 

          Comments:

          CEE Change

          The Tanks a Million program has developed into two streams of activity: a community of practice around sustainability involving West Pymble residents, supported by an online social networking platform        (Ning); and a targeted approach involving schools, church groups and sports clubs in West Pymble, to assist these groups to develop and implement a sustainability action plan focusing on water   and energy.

 

Supervise development, delivery of training to 50% of relevant staff in the application of Ecologically Sensitive Lands

 

Approximately 24 training sessions were undertaken for Operations, Strategy & Environment, Development & Regulation, Bushcare trainers and Customer Service. Topics included ‘Threatened species and communities identification’, ‘Sensitive lands overview’, ‘Aboriginal Heritage Awareness’, ‘Riparian and water sensitive urban design’, ‘Basic Environmental and Ecological Awareness’ and ‘Weed identification’.

 

Training was well received, with elements of these training sessions used to present to Environmental Law Students and Lecturers from University off Sydney as part of their practical studies.

 

Update Council Biodiversity Strategy

Review of 2006 Biodiversity Strategy, undertaken including actions implementation, and future desired actions. A gap analysis of proposed actions has been undertaken against tasks required within councils existing plans of management, strategies, policies, guidelines and standards.

 

In order to reduce duplication and assist with corporate planning, the revised Biodiversity Strategy format is to provide management objectives, link to existing councils planning systems, and provide a support document listing all identified gaps and recommending incorporation within relevant plans etc. 

 

Review and create draft commercial guidelines for commonly used Environmental Sensitive Lands (ESL)

 

Guidelines for bookings within natural areas have been incorporated into the 2010 unstructured recreational strategy, including a number of commonly used Environmental Sensitive Land areas. Future work on booking forms, fees and charges within bushland is currently being undertaken.

 

Develop standard and lease requirements and restrictions relating to Scout Lease agreements for areas containing threatened ecological communities that require lessees in bushland to minimise the physical impact on each site and its surrounds

 

Draft lease conditions have been provided to Community for consideration within lease renewal discussions. A field assessment of all scout and guide halls has been undertaken, including a review / mapping of desired permissible use areas, site access and car parking.

An educational package has been created for all scout and guide halls, including:

·      posters showing permissible use areas, environmental values (vegetation, threatened species) and relevant on site weeds.

·      A monitoring program of photo points for each site

·      3 educational training sessions for including fauna demonstrations and environmental games (for Joeys and junior guides, Cubs and Guides, Scouts and Senior guides).

 

Correspondence with Office of Environment and Heritage (OEH) has been undertaken as required; including attendance at recovery plan meeting for Duffy Forest and the Southern Brown Bandicoot.

 

Maintain and update Biobase – Council’s flora and fauna database

Biobase has been updated including, annual data transfer to NSW wildlife atlas, entry of all received records, review of listed flora and fauna legal status. Council flora and fauna monitoring program Wildlife Watch has been revamped and is ready to be re-promoted to staff and the community. Including revised information, live web record sheets, digital and form based record sheets, explanation book.

 

Implement the Hornsby - Ku-ring-gai bush district fire management plan

Mapping, assessment and reporting of Ecologically Sensitive Lands as a component of Town Centre and Principal LEP and DCP process - Identify and map local biodiversity “hotspots”, priority conservation areas and existing or potential biolinks and corridors.

 

Draft GreenWeb mapping has been under taken for the biodiversity, riparian and bushfire studies as provided within the non statutory draft exhibition for the principal LEP zoning.

 

        32       Environmental Levy

 

        2355   Environmental Levy                                                      ELNA01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Water Sensitive Urban Design Program                90  %                                90 %

                                               completed

                               b               Stormwater Pollution Control Maintenance            90  %                                90 %

                                               Program completed

                               c               Creek Remediation Program completed               90  %                                90 %

                               d               Integrated Water Management Strategy               90  %                                90 %

                                               Program completed

                               e               Reduction in Council’s potable water                      6  %                                      0   Data not yet available, to be reported in the annual report

                                               consumption

                               f               Reduction in per capita potable water                     6  %                                      0   Data not yet available, to be reported in the annual report

                                               consumption

                               g               Increase in Council’s non‑potable water                 5  %                                      0   Data not yet available, to be reported in the annual report

                                               consumption

 

          Comments:

          Completed contracts for 23 bush regeneration sites, Endangered Ecological Communities, pre and post fire, high profile and riparian sites

 

          Contributed to Catchment Management Authority (CMA) funding for riparian project at Southern Creek. Contributed funds to external DECCW funded reuse project from St Ives tip to the nursery via St Ives Showground.

 

          Distributed small grant funding for round ten and eleven and assessed round twelve applications. Additionally supported community projects outside the small grant including embankment         stabilisation at Paddy Pallin, advice to HART driver training re bushland / landscape and plant advice for Pymble Turramurra Kindergarten.

 

          Environmental awareness through bi monthly weed banners produced and displayed in prominent places and refined levy logo. Additional voluntary support for weed awareness displays at         Community events eg; Wahroonga fair, shopping centres and school fetes. Council delivered displays at three major festivals. Walks and talks program and special events eg; Earth Hour including        promotion, materials speaker/expert fee and catering. Interpretive signs have been erected at Roseville Chase Oval and Allan Small regarding stormwater harvesting and at the wheelchair       accessible track Lindfield regarding micro bats. Banners for climate change and purchase of brochures as needed to refill stock.

 

          Support to environmental programs such as Bushcare, Streetcare, Parkcare, two Community gardens and Greenstyle.

 

          Design and delivery to operations staff for construction  stormwater harvesting at Allan Small, storm water remediation Rushall Street, Golden Jubilee leachate, Mountain bike facility, Hinkler Avenue storm water detention, Additional tanks at Auluba and West Pymble Shops Roof Top Garden.

 

          Confirmed final design for mountain bike facility after extensive community consultation. Contractor employed with works 50% completed. Additionally a 95 % completed tip/weed capping of   crushed sandstone as a complimentary project to mountain bike track.

 

          Completion of walking track construction at Cliff oval, Ormonde Street, Samuel Bate, Minamurra and Wombin Reserve

 

        33       Climate Change

 

        S313a Climate Change                                                            MCPS01

 

 

The climate change adaptation work has achieved some significant accolades in the past three months. Firstly the Council was a finalist in the Green Globe Award for Climate Change Leadership and secondly the collaborative partnership between Macquarie University and Council is a finalist in the Macquarie Universities' Excellence in Research Award. However while Council has a robust plan to take its climate change adaptation responsibilities forward, there was an unexpected development that occurred when it was revealed that in the Environmental Levy 2 the only funding that has been allocated for climate change is for mitigation and none for adaptation. This means the adaptation work will be dependent upon winning competitive grants before the work can commence.

 

 

        34       Environmental Education

 

        2407   Wildflower Garden                                                        BSEO01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Wildflower education activities program                80  %                                92 %

                                               delivered

 

          Comments: Activities this quarter have included autumn Bush Kids school holiday program with 144 children and 86 adults attending 12 activities over a two week         period.

 

          Forty‑one Bush Birthday Parties with 579 participants attending, 212 school students on excursions to the Wildflower Garden, two English at the Garden excursions        with 41 participants attending, and two gardening workshops with 15 participants and one playgroup with 25 participants.

 

          A Wildflower Garden interactive display at the Festival on the Green.

 

          The launch of the Australian Plants Society North Shore Branch signage project in partnership with Ku‑ring‑gai Council and staff from the Ku‑ring‑gai Wildflower      Garden.  This project includes a large interpretive sign detailing the Wildflower Garden and a refurbished naive plant display at the Education Centre, signage        throughout the Garden identifying and educating visitors about native plants and a data base on the 400 plant species to be found at the Wildflower Garden.

 

          Garden maintenance work continues to progress well with the garden refurbishment program behind the Education Centre and enhancement of the Seeds of Learning

          Garden on track for completion by the end of August.

 

          The fencing at the Knoll has been completed.

 

        35       Volunteer Planning and Development

 

        2406   Community Volunteer Programs                                   SBSV01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Volunteers enrolled in Councils’ community      1,200  No                               1,480

                                               volunteer programs (8% increase)

 

          Comments: There are currently 873 volunteers with permits working with the community volunteer programs, Bushcare, Streetcare and Parkcare.  530 residents are   in the WildThings program and there are 80 residents registered at Councils 2 community gardens.  This gives a total 1480 residents enrolled in Council's community     volunteer programs

 

        4         Planning and Development

 

        41       Urban Planning

 

        2851   Urban Design                                                               MGSP01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Urban planning project milestones are                  95  %                                     95  

                                               completed within set timeframe

                               b               Urban design project milestones are completed     95  %                                     95

                                               within set timeframe

 

        42       Development Control

 

        1750   Development Assessment                                            MGDC01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Median processing times for all applications is       60  Days                        45 Days

                                               60 days

                               b               Land and Environment Court costs do not  1,235,000  $                           1,353,482

                                               exceed budget

                               c               Number of undetermined DAs less than 450       450  No                                  186

                               d               Median processing times for express                    30  Days                               30 days

                                               assessment is 30 days

 

          Comments:

          As at the end of June 2011, the number of outstanding applications (DA, S96 and S82A reviews) stood at 186. This represents a decrease compared to the 211 applications reported for the end of the         previous financial year and is significantly below the desired threshold of 450 applications. 

 

          Our median processing time for all DAs, S96 and S82A review applications for the financial year quarter was 45 days which remains well below the 60 days target.

 

          Land and Environment Court costs at the end of March amounted to $1,353,482 and exceeded the full year budget of $1,235,000. This is attributed to increased legal costs associated with a number of highly complex appeals largely outside of Council's control.  This variance is moderated by an increase in legal costs recovered which exceeded the budgeted $200,000 by approximately $95,000.

 

        1850‑1         Development Assessment Engineers / Infrastructure Restoration                                                                                 MGDC01

          Comments: Development Assessment Engineers provided development engineering and traffic advice and referrals for more than 150 applications        during this quarter.

 

        2600   Landscape Assessment                                                MGDC01

          Comments: Landscape Assessment provided landscaping and ecological advice and referrals for more than 160 applications during this quarter.

 

 

        43       Regulation and Compliance

 

        1651   Building Unit                                                                MRRS01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Building certificates are processed within 21         21  Days                        21 Days

                                               days

 

          Comments: In the reporting quarter, Council issued 45 building certificates, with a total of 193 for the financial year. Overall, there was a 12% decline in demand for

          building certificates and this may be attributed to the general slump in real estate sales across the wider community.

 

        1700   Development Compliance                                             MRRS01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Construction certificates are processed within       90  %                              100 %

                                               14 days

 

          Comments: A total of 19 Construction certificates were processed in the fourth quarter, all in accordance with Council's service standard time frame.

 

        1800   Animal Control                                                             MRRS01

          Comments: Council received 183 requests for assistance in regard to companion animal matters in the reporting quarter. The most frequent being 61 calls in relation to      barking dogs. We also received 15 reports of attacking dogs and 48 requests regarding lost and roaming dogs. Seven Nuisance orders      were served in the reporting quarter, five for noise and one for being habitually at large in public places and one of endangering health and chasing.     Impounding activity included 16 dogs and 8 cats. A total of 14 dogs were released back to their owners but two dogs were surrendered and euthanatized due to their aggressive    tendencies. Three of the impounded cats were classified as feral and were also euthanised; all others were either returned to their owners or provided with new homes.

 

          Dogs Day out, the annual event for dogs and their owners was again a great success. Over 200 people and their pets turned out for a fun day. Races, novelty       events, stalls and a canine biathlon were held. The day was well supported by local businesses and many in attendance thanked Council staff for their efforts.

 

 

 

 

        1801   Parking and Traffic                                                      MRRS01

          Comments: In the fourth Quarter 2560 parking infringements were issued to the value of $326,247. This activity level was behind previous years results due to an        ongoing staff vacancy. This has since been addressed, with a new staff member commencing at start of June.

 

        1802   Area Rangers                                                               MRRS01

          Comments: In the fourth quarter, area rangers responded to over 81 reports of construction sites breeching their conditions of approval, this resulted in $158,000 in           fines being issued. A total of 77 Animal Control infringements were issued, mainly for dogs roaming and/ or unregistered.

 

        5         Civic Leadership and Corporate Services

 

        51       Communication and Marketing

 

        1400   Communication                                                            CRLO01

          Comments:

          Three editions of the Ku ring gai E-news were produced. Due to technical problems with the website software that could not be fixed, Communications subscribed to          Campaign Monitor to issue the June e-newsletter. The software distributes the newsletter, manages subscriptions and provides detailed analytics to measure its       effectiveness including how many people opened the newsletter and the links they clicked on. The most clicked through stories in the June newsletter included approval for the indoor    aquatic centre, Active Ku ring gai, weeds of  the season and the upgrade for Princes St shopping centre.

 

          The April Ku ring gai Update, Council's paper based newsletter, was distributed via rates notices, shopping centres, libraries, retirement villages and also on the website.

          Eighty five media releases were distributed and key issues covered included the disbanding of Ku ring gai Planning Panel,  repeal of SEPP53, environment levy extension,    approval of DA for the indoor aquatic and leisure centre , Heritage Conservation Areas, community shed, depot relocation, Integrated Transport Strategy, Festival on the           Green and West Pymble Community Garden. Issues dealt with reactively include the Jewish Eruv at St Ives, proposal for athletics track at the Glade, mountain bike park         at Golden Jubilee Oval and Princes St shops upgrade.

 

          The website received 79,663 absolute unique visitors who spent on average 2 minutes and 22 seconds browsing the site, viewing 443,627 pages. The most popular       pages were the home page, library, library catalogue, wet weather and contact us. The current website supplier, Sputnik, announced an end of life for our website         software, Lantern. A request for quotation was completed in June for research and consultation for the new website.

 

          Over 100 school children from Ravenswood and Sacred Heart Pymble visited Council Chambers to learn about local government, and participate in a mock council        meeting.

 

          Internally, Communications produced three editions of the staff newsletter From the GM's Desk. Three lunchtime seminars were held to encourage cross         departmental networking and educational opportunities. Consultation was completed with staff on how to improve the corporate intranet. A survey and focus group          found that the intranet was widely used and staff came up with helpful suggestions to improve the site. The suggestions will be implemented in stages during the    next financial year. An internal social media application 'Yammer' was introduced to improve internal communication.

 

        1055   Ombudsman service                                                     INOM01

This year the Office of the Internal Ombudsman implemented the Complaints Management Policy and the Policy for Dealing with Unreasonable Complainant Conduct.  The Fraud and Corruption Prevention Plan has also now been completed.  The office has also provided a resource to the Tender Review Committee by commissioning the Internal Auditor to sit on that panel.

 

This year marks the first anniversary of the Ku-ring-gai Council Audit Committee.  The achievements of the Committee were reported to Councillors in a briefing session in July 2011.

 

        52       Governance

 

        2101   Governance                                                                  MREC01

          The work completed to date: 

          Council Meetings

 

          There were 5 Ordinary Council meetings held between April to June

 

          There was 1 Ku‑ring‑gai Planning Panel meeting held between April to June

 

          Print Room

          Business papers and associated documents were produced for the 5 Ordinary and 1 Planning Panel meetings

 

          There were 112 separate print jobs were also completed.

 

          Access to Council Information

          There were 10 formal Access to Information applications received under the Government Information (Public Access) Act 2009 during April ‑ June

 

          There were 296 requests for informal access to information under the Government Information (Public Access) Act 2009 during April ‑ June.

 

        53       Corporate Planning and Reporting

 

        2400a Consultation                                                                 CCPL01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Council service areas using the results of             85  %                                  Consultation data being collated, to be reported in Annual Report

                                               community consultation in decision making or

                                               planning processes

                               b               Council staff satisfied that they had the tools         65  %                                 Consultation data being collated, to be reported in Annual Report

                                               and support needed to conduct consultation in

                                               a strategic fashion

                               c               Residents confident that Council uses the              25  %                                  Consultation data being collated, to be reported in Annual Report

                                               results of consultation in decision making

                                               processes

                               d               Consultation participants who felt their                 30  %                                  Consultation data being collated, to be reported in Annual Report

                                               participation had made a difference

 

         

Comments: All consultation activities for 2010/2011 financial year finalised and completed as required. The results are being submitted to          departments for review. The results will be collated and reported in the annual report.

 

        2400   Corporate Planning                                                      CORP01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Reports are prepared and submitted within         100  %                              100 %

                                               statutory timeframe

                               b               Completion rate of integrated community plan    100  %                              100 %

                               c               Annual sustainability action plan completed          75  %                                80 %

 

          Comments:

          Delivery Program and Operational Plan

          The draft plan was prepared and placed on public exhibition for 28 days, and received a number of community comments. The plan was adopted by Council on 14 June. The plan is available on Councils website.

 

          Draft Sustainable Events Policy  

           A draft policy was developed in line with Councils commitment under the Waste and Sustainability Improvement Program. The draft policy will provide a guideline to improve sustainable processes at events.

 

          Annual report review ‑ Banarra

          Banarra was commissioned by Council to conduct a review the 2009/10 Annual Report to consolidate Council’s existing annual planning and reporting processes and accountability obligations to its stakeholders. Recommendations be

          presented to the GMD and will allow Council to deliver a more robust and focussed Annual Report that enables it to more confidently account in the future for its sustainability performance.

 

           InDesign

          Training in the InDesign program has allowed the team to develop in-house flyers and documents with improved efficiency. The major document that has been completed was the Delivery Program and Operational Plan.

 

          Performance Planner Training

          Six functional administrators were trained in the system. These administrators will assist in the quarterly updates.

 

           NSROC Meetings

          A joint Integrated Planning and Sustainability meeting was held to develop regional indications to be included in reporting. A new format of SoE reporting was developed as a result.  


 

        54       Information

 

        1550   Records Management                                                   MREC01

 

 

          Comments:

          Records Statistics – April to June 2011

          The work completed to date:

          Mail –Outgoing

          April ‑ June

          Small letters = 35,510

          Large letters = 1,575

          Others (Parcels & International) = 622

          Registered Correspondence

          Documents captured in TRIM – Councils Electronic Document & Records Management System (EDRMS).

          April ‑ June = 72,266 documents checked into TRIM

          TRIM User Help Desk Request

          April ‑ June = 98 help desk requests from users were answered by Records

          File resubmits

          April ‑ June = 476 files resubmitted via TRIM upon user request

          Offsite Records Storage

          Archived

          April ‑ June = 0 boxes sent offsite for archival storage

          Retrieved

          April ‑ June = 199 boxes and 150 files retrieved from offsite storage upon user request

 

 

        2325   Information Technology                                               MGIS01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               IT agreed project milestones completed              80  %                                80 %

                               b               Availability of IT systems within working hours     98  %                                98 %

 

          Comments: Overall, most Information Management projects were completed on time and within budget.

 

          Council's new Works & Assets system was implemented in June 2011 with the Fleet asset class being the first module to go live. Following an implementation review

          scheduled for July staff will commence work on the next asset class.

 

          Requests to the IM Help Desk were steady during this quarter however we have been able to maintain a high completion rate.

 

          The target of 98% availability of IT systems has been met this quarter.

 

        2800   Land Information                                                         MGLI01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Availability of GIS system                                  98  %                                98 %

                               b               All data updated and accurate in Proclaim             95  %                                95 %

                                               Nucleus Property System

 

          Comments:

          All Proclaim property attribute records have been updated within this quarter as a result of changes in legislation, subdivisions and other notifications.

 

          22 Torrens Title and 8 Strata Titles subdivisions were registered at the NSW Land & Property Information Division this quarter. This resulted in the creation of 22 residential properties and 236

          residential units. All GIS and Proclaim information updated accordingly.

 

          NearMap Aerial Photography and 2006 Census Population details have been incorporated into Dekho.

 

          A total of 990 Planning Certificates were issued this quarter.

 

        55       Human Resources

 

        1100‑3                                                               Human Resources    MGHR01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Reduction in lost time injury (LTI) rate from          ‑2  %                                  7 %   09/10 LTI's 28 compared to 10/11 LTI's 30

                                               previous year

                               b               Staff turnover between 10% and 20%                 20  %                                  9 %   495 Headcount ‑ 40 vacancies = 455. Number of terminations

                                                                                                                                                                            = 41

                               c               Operating budget allocated to training and              1  %                               .66 %   Federal Funding opportunities for staff training and

                                               development                                               development and the opportunity to schedule in‑house training

                                                                                                                                                                            has altered the outcome in achieving the KPI target.

 

          Comments:

         

In 2010/2011 - 30 Lost Time Injury claims were lodged compared to 28 in 2009/2010 an increase of two claims from the previous year. Workers Compensation claims notifications over the last two years have significantly improved and Ku-ring-gai Council is now well above the StateCover average of 75%. Reporting claims to StateCover within the 48 hour time period are as follows 2011 = 96%, 2010 = 92%, 2009 = 83%, 2008 = 77%.

 

The staff retention rate for ongoing employees in 2010/11 was 90.49 per cent, compared to 91 per cent in 2009/10.  Below the KPI target range of 10-20%. One of the contributing factors to low turnover rates is the continued uncertainty of the economy which results in people being less inclined to change jobs as well as government positions being seen as more secure than those in the private industry. HR implemented an e‑recruitment system in September 2010 to improve recruitment processes and provide potential candidates with an ability to register         their application on‑line as well as receive alerts for any new positions Councils advertises.  The system is also in line with Councils energy efficiency strategies in that it has significantly reduced the need to print and store hardcopy applications.

 

          HR developed health and wellbeing strategies as part of our employment branding.  This included delivering a bi‑annual Health Fair for all employees, conducting the          annual skin cancer program for staff who spend 50% or more of their time at work exposed to the sun. As part of the Corporate Risk Management Program, HR identified significant corporate risks in relation to an ageing workforce and the expected skills shortage in      key areas of Council. Treatment and control strategies implemented in 2010/11 have included improving workplace flexibility with the introduction of a Transition to Retirement Policy and the Purchase of Self‑Funded Leave Policy.

 

HR facilitated approximately 800 attendances at a wide range of in-house and external training activities including mandatory OHS, EEO and Code of Conduct.  Federal Funding opportunities for staff training and development and the opportunity to schedule in-house training has altered the outcome in achieving the KPI target. Although the 1% target has not been met, 0.66% is a significant increase from last year’s figure of 0.50%.

 

          Workforce planning

          The department developed its workforce action plan covering the period 2010‑2014. The key workforce priorities identified in the plan include: attracting a skilled      workforce; supporting and engaging our employees; building capacity and leadership; and ensuring an efficient and flexible workforce. The outcomes of the plan are          closely aligned with the Operational Plan.

 

          During the year HR participated in a HR Metrics Pilot Program facilitated by Local Government Management Solutions. The purpose of the program is to facilitate    regular HR data and information exchange that allows Council’s to undertake more frequent HR metrics benchmarking.

 

                  

        56       Customer Service

 

        1450   Customer Services                                                       CUSM01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Customer requests (CRS) received and                85  %                                98 %

                                               actioned as per CRS standards

                               b               Satisfaction with customer service                      85  %                                      0   Deferred – A satisfaction survey has been planned for next year

 

          Comments:

          Call Centre activities: The unit received over 30,426 calls with a service level on average of 79.6%. The highest number of calls received in May with over 10,902 calls. Most calls were received by the       Customer Service queue and related to planning enquiries, bookings for various activities,  road repairs etc.

 

          The unit also received and actioned over 3,000 email requests. The highest number of emails received was in May.

 

Over 5,700 customer requests received in this quarter with 95% of requests actioned. The requests cover a wide range of services provided by Council such as trees, clean up bookings, animal control, parking and traffic issues, potholes, footpath repairs.

 

          Counter activities: 575 applications were lodged with the highest number of development applications lodged in May. In addition 1932 certificates were lodged including various other    applications.

 

          A total of 8,458 receipts were generated.

 


 

 

        6         Financial Sustainability

 

        61       Financial Management

 

        2150   Financial Management                                                 MGRF01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Statutory financial reports prepared and             100  %                                  100

                                               submitted within legislative timeframes

                               b               Weighted average year to date return exceeds     80  %                                  139

                                               the UBSWA Bank Bill Index (%) benchmark

                                               return

                               c               Available working capital balance to increase to  3,900,000                                 0 $   Audit not yet complete. To be reported in Annual Report

                                               $3.9M by 2012/13, in accordance with LTFP

 

          Comments:

          Statutory reporting ‑ 100% of reports were completed within the statutory time‑frames. These include monthly investment reports and quarterly budget     review reports.

 

          Investments ‑    Council’s investment returns were above benchmark. The weighted average return for Cash for the financial year was 4.91% compared to the benchmark 11% Cash Rate of 4.85%. The weighted average return for the total           portfolio (except Cash & TCorp) for the financial year was 6.91% compared to the benchmark of the UBS Bank Bill Index of 4.98%. The weighted average return for TCorp for the financial year was 9.45% compared to the benchmark Long           Term Growth Facility Trust of 8.51%.

 

          Available Working Capital ‑ Working Capital at 30 June 2011 is still to be determined as end of financial year processes are not yet finalised. However, at the time of          writing this report it is anticipated that the targeted Working Capital balance will be achieved. Council's Long Term Financial Plan sets certain parameters to measure   Council's financial sustainability in the short and long term and available Working Capital is one of those critical parameters. Meeting the targeted Working Capital         balance at 30 June as set by the Long term Financial Plan is extremely important in ensuring that Council remains financially sustainable and able to plan for the        future delivery of services and assets.

 

        2151   Rates and Annual Charges                                           MGRF01

 

                               Code         KPI                                                            Target  Units                       Achieved  Notes

                               a               Rates, charges and fees collected                       96  %                                    96

 

          Comments: Rates charges and Fees ‑ 96% collected to June quarter, against an annual target of 96%.

 


 

Ordinary Meeting of Council - 23 August 2011

GB.14 / 547

 

 

Item GB.14

S08530

 

8 August 2011

 

 

EOI/6/2011 Ku-ring-gai Town Centres
Street Furniture

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To present to Council an evaluation of the submissions received for the Ku-ring-gai Town Centres Street Furniture Expressions of Interest (EoI) and to seek Council’s endorsement of the four (4) preferred applicants identified in this report as potential suitable suppliers.

 

 

background:

On the 23 November 2010 Council adopted the Ku-ring-gai Town Centres Public Domain Plan.

 

At the same meeting Council in part resolved to:

“proceed to public tender to invite furniture manufacturers to express interest in the design, fabrication and provision of a suite of stainless steel furniture elements (seats, bins, benches, tree guards, bubblers etc.) for the town centres”.

 

 

comments:

An Expression of Interest (EoI) was advertised for 25 days from the 4th June 2011 to the 28th June 2011. The advertisement was placed in both Tenderlink and the Sydney Morning Herald.

 

Six (6) submissions were received from furniture supply and/or manufacturing companies. A full evaluation has been carried out by a tender evaluation committee.  A Corporate Scorecard Financial Report has been prepared on four (4) of the companies.

 

 

recommendation:

That Council endorse the four (4) preferred applicants identified in this report as potential suitable suppliers of stainless steel furniture for the Ku-ring-gai town centres and that any decision to invite tenders from the applicants be deferred.

 

 

 


  

Purpose of Report

To present to Council an evaluation of the submissions received for the Ku-ring-gai Town Centres Street Furniture Expressions of Interest (EoI) and to seek Council’s endorsement of the four (4) preferred applicants identified in this report as potential suitable suppliers.

 

Background

 

On the 23 November 2010 Council adopted the Ku-ring-gai Town Centres Public Domain Plan. At the same meeting Council in part resolved to:

 

“proceed to public tender to invite furniture manufacturers to express interest in the design, fabrication and provision of a suite of stainless steel furniture elements (seats, bins, benches, tree guards, bubblers etc.) for the town centres”.

 

The first stage of the process of selecting an appropriate company to engage for the manufacture and supply of furniture is to shortlist appropriate companies to tender for the work.  This has been achieved through the Expression of Interest (EOI) process.  The EOI process also allows Council the opportunity to review the range of options available in the market today.

 

Comments

 

Six (6) submissions were received from furniture supply and/or manufacturing companies. The small number of submissions is consistent with staff expectations. Most furniture companies in Australia produce furniture made from a combination of timber, aluminium or steel. There are limited manufacturers of stainless steel furniture due to the higher production costs and limited market (due to higher purchase price).

 

The submissions received are:

·    Adshell Street Furniture P/L

·    Commercial Systems Australia P/L (CSA)

·    HUB Street Equipment P/L

·    JC Brown-Blakiston and Shortell P/L

·    Street and Garden Furniture P/L

·    Ox Engineering

 

The evaluation committee considered five (5) submissions to be fully conforming and one (1) submission (Ox Engineering) to be non-conforming.

 

An assessment of the five (5) conforming submissions was then undertaken against the selection criteria set out in the call for tenders. The Assessment Table is in Confidential Attachment A1.

 

In summary four (4) companies were found to adequately address the selection criteria, they are:

·    Adshell Street Furniture P/L

·    Commercial Systems Australia P/L (CSA)

·    HUB Street Equipment P/L

·    JC Brown-Blakiston and Shortell P/L

 

Corporate Scorecard Financial Reports were prepared for the four (4) highest scoring companies. The results are that all four (4) companies were found to be trading in a profitable manner and the size of their annual revenue indicates that the contract in question is well within their operating capacity. In addition each of the four (4) companies were rated between Sound and Very Strong indicating that they all have the financial capacity to undertake the contract in question.

 

Each company was asked to submit visual material that showed the type of furniture they produce. Examples of the four preferred companies furniture are given in Attachment A2.

 

 

Governance Matters

 

This EoI process complies with Council’s procurement best practice, and the process has been audited by Council’s Tender Review Committee (TRC). The TRC comprises Council’s Internal Auditor, Manager Open Space Projects, and a representative from the procurement team.

 

Risk Management

 

There are no major risks to Council at this stage of the process as this report recommends endorsement of a shortlist for a future selective tender and does not commit Council to any contractual obligations.

 

Financial Considerations

 

The cost of preparation of the EOI has been funded by development contributions.

 

The cost of purchasing of furniture was to be significantly funded by development contributions.  As Council is aware, on 28 June 2011 the Land and Environment Court declared that Ku-ring-gai Local Environmental Plan (Town Centres) 2010 is of no legal force or effect. While the Ku-ring-gai Contributions Plan 2010 is still valid, the projected funding available for public domain works and other works is likely to be significantly reduced as a consequence of the Court’s decision. 

 

The full financial implications have yet to be determined and therefore proceeding to tender at this point would not be prudent.

 

Within the relevant legislation there is no time limit that applies to an EoI however in this situation Clause 168(4) of the Local Government (General Regulation) 2005 provides:

 

(4) After considering the applications, the council may either:

(a) send invitations in writing to all applicants, or such of them as the council thinks will be able to fulfill the requirements of the proposed contract, to tender for the proposed contract, or

(b) decline to invite tenders from any of the applicants.

 

No public domain works scheduled in the current financial year will be progressed in the foreseeable future and would be the subject of a separate report to Council at a future point in time.

 

 

Social Considerations

 

The streetscape within the Ku-ring-gai town centres are in variable condition. Where Council has undertaken work in the past five years the paving and furniture is in good condition. In other areas, such as St Johns Avenue in Gordon, where no improvement works have been undertaken the streetscape is in poor condition and represents a safety hazard.

 

It is well documented that the quality of the public domain in urban areas will influence who visits and uses these areas. Where Council is proactive in upgrading the streetscape there can be multiple benefits including improved retail trade, improved public safety, reduced vandalism and increased community pride and ownership.

 

High quality and robust street furniture is an integral part of a quality public domain.

 

Environmental Considerations

 

Respondents’ environmental and sustainability policies and processes are one of the selection criteria that have been used to shortlist the nominated tenderers. 

 

Community Consultation

 

Public consultation in relation to the EoI process itself is not required and was not undertaken. 

 

The draft Public Domain Plan was on public exhibition for two (2) months from Friday 26 February

to Friday 23 April, 2010.  The exhibition consisted of the following:

 

•        exhibition materials placed on Council’s website at www.kmc.nsw.gov.au;

•        a survey form on the website;

•        exhibition display at Council Chambers, Gordon;

•        copies of the exhibition material on CDROM available at the exhibition;

•        full colour copies of the draft Public Domain Plan available at the exhibition for viewing;  and

•        illustrated display panels providing a description with graphics of the document and its purpose.

 

Eight (8) public submissions were received commenting on the written and diagrammatic aspects of the Public Domain Plan.  The exhibition also consisted of a display of streetscape elements including:

 

•        sample furniture elements from the recommended supplier including four seats and four bin enclosures;

•        six (6) sample unit paving materials including two granite, bluestone and three concrete aggregate; and

•        one (1) street light (two lamp sizes) and one pedestrian light (displayed with two finishes). The exhibition could either be viewed at the Council Chambers or via the Public Exhibition link on Council’s website

 

Fifty-five (55) on-line survey forms and (24) twenty paper forms were completed.

 

A full chronological list of all Councillor briefings and reports on the draft Public Domain Plan include:

 

·    18 August 2007 (briefing);

·    17 June 2008 (Planning Forum);

·    Ordinary Meeting of Council 11 November 2008;

·    Ordinary Meeting of Council 16 December 2008;

·    17 February 2009 – furniture selection and material samples;

·    Ordinary Meeting of Council 24 February 2009;

·    21 April 2009 (briefing);

·    1 July 2009 (postponed to 30 July 2009) (Planning Committee);

·    Councillors urban design bus tour (Sydney) 5 May 2009;

·    Councillors urban design tour (Melbourne and Geelong) as an ad joint to the International Cities & Town Centres conference (ICTC) 27 October 2009;

·    Ordinary Meeting of Council 8 December 2009;

·    26 February to 23 April 2010 (public exhibition);

·    Planning Committee 12 May 2010;

·    16 August 2010 (Heritage Committee);

·    Planning Committee 17 August 2010;

·    Ordinary Meeting of Council 21 September 2010;

·    Councillor briefing 9 November 2010;

·    Ordinary Meeting of Council 23 November 2010; and

·    Councillor briefing 17 May 2011

 

 

Internal Consultation

 

This report was prepared by the Strategy and Environment Department with extensive consultation with Council’s Operations, Corporate and Civic departments.

 

Summary

 

This report presents to Council an evaluation of the submissions received for the Ku-ring-gai Town Centres Furniture Expressions of Interest (EoI) and seeks Council’s endorsement of the selected companies to be short-listed for a future selective tender process.

 

An EoI was advertised for 25 days from the 4 June 2011 to the 28 June 2011. The advertisement was placed in both Tenderlink and the Sydney Morning Herald.

 

Six (6) submissions were received from furniture supply and/or manufacturing companies. A full evaluation has been carried out by a tender evaluation committee (TRC), as well as Corporate Scorecard Financial Reports. Four (4) companies have been found to be suitable, these are:

·    Adshell Street Furniture P/L

·    Commercial Systems Australia P/L (CSA)

·    HUB Street Equipment P/L

·    JC Brown-Blakiston and Shortell P/L

 

The report acknowledges that Council’s budget for the purchasing of street furniture is now in doubt due to the judgement of the Land and Environment Court that declared that Ku-ring-gai Local Environmental Plan (Town Centres) 2010 is of no legal force or effect. 

 

In this situation Clause 168(4) of the Local Government (General Regulation) 2005 provides:

 

(4) After considering the applications, the council may either:

(a) send invitations in writing to all applicants, or such of them as the council thinks will be able to fulfill the requirements of the proposed contract, to tender for the proposed contract, or

(b) decline to invite tenders from any of the applicants.

 

It is recommended that Council complete this phase of the project by endorsing a short-list of potential suppliers but defer the decision to invite tenders until the impacts on development contributions are better understood and a revised budget for street furniture is determined.

 

 

Recommendation:

 

A.      That the following four applicants are identified as potential suitable suppliers of stainless steel furniture for the Ku-ring-gai town centres:

 

•       Adshell Street Furniture P/L

•       Commercial Systems Australia P/L (CSA)

•       HUB Street Equipment P/L

•       JC Brown-Blakiston and Shortell P/L

 

B.       That any decision to invite tenders from the applicants listed in paragraph A be deferred.

 

 

 

 

 

Bill Royal

Team Leader Urban Design

 

 

 

 

Antony Fabbro

Manager Urban & Heritage Planning

 

 

 

 

Andrew Watson

Director Strategy & Environment

 

 

 

Attachments:

A1

EOI/6/2011 Ku-ring-gai Town Centres Furniture Tender Criteria Summary of Evaluation

 

Confidential

 

A2View

EOI/6/2011 Ku-ring-gai Town Centres Furniture - furniture examples from preferred companies

 

2011/168529

  


APPENDIX No: 2 - EOI/6/2011 Ku-ring-gai Town Centres Furniture - furniture examples from preferred companies

 

Item No: GB.14

 


 


 

 


 

 


 


 

 


 

 

 


 


 

 


 

 


 

 


 

 


 

 


 

 


 

 


 

 

 


 

 

 

 


 

 

 

 


 

 

 

 


 

 

 

 


 

 

 

 

 


 

 

 

 

 


 

Ordinary Meeting of Council - 23 August 2011

GB.15 / 577

 

 

Item GB.15

FY00382/3

 

12 August 2011

 

 

Amendments to 2011/12 Sports Courts
Capital Works Program

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To see Council approval to amend the 2011/12 sports courts capital works program.

 

 

background:

Council adopted the 2011/12 sports courts capital works program as part of the 2011-2015 Operational Plan and Delivery Program. The sports courts program is a prioritised program, based on criteria adopted by Council, for gradually upgrading Council’s 71 tennis courts and multi-purpose basketball courts. The program ensures Council’s sports courts are kept in a safe and sustainable condition and meet the standards expected by court hirers and the general community.

 

 

comments:

The sports courts capital works program ensures Council’s tennis and multi-purpose sports courts are kept in a safe and sustainable condition and meet the standards expected by court hirers and the general community.

The amended sports courts capital program recommended in the report makes three minor changes to the existing program but does not change the existing program budget.

 

 

recommendation:

That Council adopts the amendments to the 2011/12 sports courts capital works program as outlined in the report.

 

 

 


  

Purpose of Report

To see Council approval to amend the 2011/12 sports courts capital works program.

 

Background

 

Council adopted the 2011/12 sports courts capital works program as part of the 2011-2015 Operational Plan and Delivery Program. The sports courts program is a prioritised program, based on criteria adopted by Council, for gradually upgrading Council’s 71 tennis courts and multi-purpose basketball courts. The program ensures Council’s sports courts are kept in a safe and sustainable condition and meet the standards expected by court hirers and the general community.

 

Comments

 

The table below outlines the existing 2011/12 sports courts capital works program and the recommended amended program.

 

Existing program

Budget

Amended program

Budget

Pymble Park

Resurface 2 synthetic courts

$62,000

Pymble Park

Resurface 2 acrylic courts

$31,000

-

-

Morona Ave South Wahroonga

Resurface 2 acrylic courts

$31,000

Gordon Recreation Ground

Resurface 2 acrylic courts

$31,000

No change

$31,000

Regimental Park Killara

Resurface 2 acrylic courts and fencing around 5 courts

$130,300

No change

$130,300

Warrimoo Oval St Ives

Resurface 3 acrylic courts

$46,000

No change

$46,000

Hamilton Park Turramurra

Resurface 1 synthetic court

$31,000

Fencing around courts instead of synthetic court resurfacing

$31,000

 

 

The primary reason for these amendments is that when inspections of sports courts were carried out by staff recently prior to preparing documentation for inviting quotes, it was found that the assessment criteria used for setting priorities in the sport courts program was averaged per site instead of per court. As a number of sites have a combination of synthetic and acrylic courts of varying condition, this lead to some courts being incorrectly prioritised.

 

To avoid having to close any of the acrylic courts due to their poor condition, it is recommended that the above program be adopted. Should Council adopt the recommended amendments, the future sports courts capital works program from 2012/13 – 2015/16 will be adjusted accordingly when Council considers the next draft Delivery Program and Operational Plan in the fourth quarter of 2011/12.

 

 

 

 

Governance Matters

 

As the amendments are considered minor and have no budgetary implications, it is not necessary for then to be publicly exhibited. Implementation of the amended program will be possible immediately following Council’s resolution on the matter.

 

Risk Management

 

There are no financial or organisational risks associated with the amended program. Each site has alternative courts available for use while the upgrade works are being carried out other than Regimental Park and Hamilton Park, which will need all courts to be closed for a short time while the fencing is replaced as these sites.

 

Financial Considerations

 

The amendments recommended in this report do not change the 2011/12 budget for sports courts capital works.

 

Social Considerations

 

The only social impact will be the closure of courts while the works are being undertaken. In the case of acrylic court upgrades this is expected to be three weeks, and in the case of replacement fencing this is expected to be five weeks.

 

Environmental Considerations

 

The environmental impact associated with sports courts capital works program is positive as the upgrades provide an opportunity to redirect any stormwater runoff that may previously have been flowing from the courts into surrounding bushland.

 

Community Consultation

 

As this is a minor amendment to the sports courts capital works program, community consultation is not considered necessary.

 

Internal Consultation

 

Staff from Operations and Strategy and Environment Divisions have been consulted in the preparation of this report.

 

Summary

 

The sports courts capital works program ensures Council’s tennis and multi-purpose sports courts are kept in a safe and sustainable condition and meet the standards expected by court hirers and the general community.

 

The amended sports courts capital program recommended in the report makes three minor changes to the existing program but does not change the existing program budget.

 

 

Recommendation:

 

That Council adopt the amendments to the 2011/12 Sports Courts Capital Works Program as outlined in the report.

 

 

 

 

 

 

Roger Faulkner

Team Leader Sport & Recreation Planning

 

 

 

 

David Morris

Manager Open Space Projects

 

 

 

 

Greg Piconi

Director Operations

 

 

 

 

Andrew Watson

Director Strategy & Environment

 

 

  


 

Ordinary Meeting of Council - 23 August 2011

GB.16 / 581

 

 

Item GB.16

S02585

 

9 August 2011

 

 

RTA Program Funding 2011 to 2012

 

 

EXECUTIVE SUMMARY

 

purpose of report:

To advise Council of the Roads and Traffic Authority (RTA) funding program for 2011/2012 and adopt the various grants as provided by the RTA.

 

 

background:

In September 2010, Council submitted a list of projects for the 2011/2012 RTA program seeking funding for various projects.

 

 

comments:

By letter dated 29 July 2011, the Roads and Traffic Authority advised Council of the approved grants for the various programs for 2011/2012. A copy of the Roads and Traffic Authority letter is attached to this report.

 

 

recommendation:

That Council accept the grants for the various programs as listed in the report but not accept the Traffic Facilities component of the Regional Roads Block Grant for 2011/2012.

 

 

 


  

Purpose of Report

To advise Council of the Roads and Traffic Authority (RTA) funding program for 2011/2012 and adopt the various grants as provided by the RTA.   

 

Background

 

In September 2010, Council submitted to the Roads and Traffic Authority (RTA) a list of projects, in order of priority, for the financial year 2011/2012 in the RTA program areas. Council approved the nominations at its meeting of 21 September 2010.

 

Under the current Memorandum of Understanding, the RTA requires advice of acceptance of the grants by 1 October 2011.

 

In the past, Council has resolved to accept the Traffic Management Grant, Road Safety Grant, Repair Program Grant, the Block Grant Roads and the Supplementary (ex 3 x 3) Grant but has not accepted the Traffic Facilities Block Grant as it does not provide sufficient funds for the requirements of this service. The acceptance of this grant would require Council to provide resources to undertake traffic facilities work. As consequence, the RTA will be required to continue its existing traffic facility services to Council.

 

Comments

 

On 29 July 2011, Council were advised by the RTA of the proposed grants for 2011/2012 and a copy of the letter from the RTA is attached.

 

The RTA has offered the following grants under the Traffic Management Section of its 2011/2012 Program Funding:

 

Location

Suburb

Treatment

Grant

Brentwood and Cherry Streets

Turramurra

Roundabout

Funded 100%

$120,000

Kissing Point Road

Turramurra

Cycle signage

Funded 50/50

$1,000

Ryde Road

West Pymble

Cycle signage

Funded 50/50

$1,000

Various

Turramurra

Cycle signage

Funded 50/50

$1,000

Bobbin Head Road

Turramurra

On road cycle route

Funded 50/50

$25,000

Bobbin Head Road

Turramurra

Shared cycle path

Funded 50/50

$49,000

Various

All suburbs

Pedestrian Access Plan. Funded 50/50

$25,000

Hill Street

Roseville

Upgrade to Pedestrian Crossing. Funded 50/50

$15,000

Eastern Arterial Road

St Ives

Install Pedestrian Refuge. Funded 50/50

$40,000

TOTAL

 

 

$277,000

 

The Traffic Management Grants must be matched by Council on a 50/50 basis. Council’s share can be funded from both the Footpath and Traffic Facilities Programs for 2011/12 but this will require an adjustment to the programs.

 

With regard to Council’s current program as adopted in the Delivery Program and Operational Plan, the following items were included in the Footpath and Traffic Facilities Programs:

 

Location

Description

Amount

FOOTPATHS

 

 

Rosedale Road Gordon

Extension of existing formed path

$36,200

Boomerang Street, Turramurra

Northern side new footpath

$44,000

Eastern Arterial Road, St Ives

Eastern Side new footpath

$37,600

Lady Game Drive, West Lindfield

South side to complete path

$22,700

Lucinda Avenue, Wahroonga

Western side new path

$96,000

Ku-ring-gai Avenue, Turramurra

Western side to complete path

$5,200

Lynbara Avenue, St Ives

Eastern side new path

$90,000

Various reconstructions

Reconstructions

$56,900

TOTAL

 

$388,600

 

 

 

TRAFFIC FACILITIES

 

 

Link Road, St Ives

Realignment of slip lane

$31,000

Rosedale Road, St Ives

Intersection improvements

$44,500

Hill Street, Roseville

Improve pedestrian facility

$31,000

TOTAL

 

106,500

 

For the 50/50 contribution from Council to match the RTA grants, Council will need to fund $155,000 from the various programs. However, as Council has already provided funding for the Hill Street, Roseville pedestrian facility, it will reduce the amount to $125,000 as $15,000 is provided by the RTA and Council’s allocation can be reduced by $15,000.

 

With the Pedestrian Access Plan, the grants will be used to supplement the work already proposed by the Strategy Department on the development of a review of the area wide Bike Plan with the balance to funded by Section 94 development contributions.

 

Hence, the amount necessary to meet the grants is adjusted to $100,000. Therefore, it is proposed to reduce the allocations for the works at Lucinda Avenue, Wahroonga and the Rosedale Road, St Ives intersection improvements by $70,000 and $30,000 respectively, to allow commencement of these projects in the latter part of the financial year and roll them over into 2012/13.

 

The adjustments will be reported in the first quarter budget review.

 

BLOCK GRANT TRAFIC FACITITIES

 

Council has been offered a grant of $313,000 for Traffic Facilities for 2011/2012. Council has not previously accepted the Traffic Facilities component of the Block Grant. Community perception is that the maintenance of traffic facilities infrastructure is a Council responsibility, but this work is currently the responsibility of the RTA on both regional and local roads. Funds available under this component are currently administered and expended by the RTA on Council’s behalf.

 

The RTA believes that Council should accept responsibility for facilities on local roads and will not fund Local Area Traffic Management Schemes or facilities that it considers non-essential.

 

By accepting this grant, Council would be accepting full responsibility for the maintenance of all road markings and signage on both regional and local roads. Council has contended that the grant offered is inadequate, that the existing infrastructure is still degraded and that the RTA should upgrade the facilities before Council accepts responsibility for their maintenance. Council would need to employ additional staff to undertake this work and investment in suitable equipment.

 

While 31 of the 41 Councils in the Sydney region have accepted the grant, some of these Councils consider the allocated funds are insufficient to maintain facilities on local and regional roads in their areas.

 

Council was previously advised that the funds required to bring its traffic facilities up to a satisfactory standard was $2,355,144 and the annual expenditure required to maintain the standard is $589,274.

 

Funds allocated to Councils that do not accept the grant are pooled. Each Council is allowed to draw from the pool until funds are exhausted. It is considered that this arrangement does not materially affect Councils such as Ku-ring-gai whose past grants have been inadequate. This has been demonstrated in previous years by Council’s allocation being fully expended early in the new financial year. By submitting a significant number of work requests early in recent financial years, Ku-ring-gai has received more than its share of pooled funds.

 

It is recommended that Council not accept the Traffic Facilities component from the Block Grant for 2011/2012 and continues to monitor the impact of any changes when work has been assigned to the RTA.

 

REGIONAL ROADS REPAIR PROGRAM

 

Council has received grants for the rehabilitation of regional roads being $65,000 for Link Road, St Ives and $165,000 for Yanko Road, West Pymble. These projects are already included in Council’s Delivery Program and Operational Plan as Council received an indication of the grants in April 2011.

 

The acceptance of these grants is recommended and no adjust of the Roads Program is required.

 

BLOCK GRANT ROADS

 

The RTA provides this component of the Block Grant to assist with maintenance of regional roads. In 1996, the RTA adopted a distribution formula to determine the allocation of funds amongst the 41 Councils in the Sydney region. The formula takes into account heavy traffic, traffic volume, and pavement area based on the length of regional roads and number of lanes.

 

Since then the Regional Roads component has increased annually and for 2011/2012 is $208,000.

 

It is proposed to use the Block Grant and the Supplementary Grant for heavy patching on the following regional roads in 2011/2012:

 

§ The Comenarra Parkway

§ Eastern Arterial Road

§ Bobbin Head Road

§ Eastern Road

§ Burns Road

 

Acceptance of this component of the Block Grant for 2011/2012 is recommended.

 

BLOCK GRANT SUPPLEMENTARY ROAD COMPONENT

 

This was formerly known as the Ex 3x3 component of the Block Grant. The grant of $82,000 is the same as that provided in previous years. These funds are available for any roadwork on regional roads as determined by Council. It has been the practice to use these funds for maintenance on Regional Roads.

 

Acceptance of this component for Supplementary Roads from the Block Grant for 2011/2012 is recommended.

 

Governance Matters

 

The acceptance of these grants will require an adjustment of a couple of programs and projects but will not require re-exhibition of the Delivery Program and Operational Plan as the projects are supplementary to the exhibited program.

 

Risk Management

 

The risk management consideration will relate to the estimated costs as some of the estimates were prepared without detailed plans. Any adjustments in estimates will be reported to Council as part of the budget quarterly review process.

 

Financial Considerations

 

Acceptance of the RTA grants requires an equal contribution from Council totalling $385,000.  Adjustments will be required to the Footpath and Traffic Facilities programs to allow for the nominated projects to be completed. The recommended adjustments will be incorporated in the first quarter budget review of projects.

 

Social Considerations

 

The upgrade to roads and traffic facilities is intended to improve road safety and road condition. This will improve the condition of Council’s assets which help to prevent accidents and vehicle damage for users of Council’s roads.

 

Environmental Considerations

 

Environmental management measures are incorporated in designs and construction practices.

 

 

 

 

 

 

Community Consultation

 

Most of the proposed works covered by the RTA grants have been included in the current Delivery Program and Operational Plan. A number of these projects have been discussed with the community and included in the report on the nominations.

 

Internal Consultation

 

Consultation has taken place with Council’s Corporate Department with regard to funding sources.

 

Summary

 

In September 2010, Council submitted a list of projects for the financial year 2011/12 in the RTA program areas. A letter was received on 29 July 2011 from the RTA advising of Council’s component of the 2011/2012 State Roads Budget as $1,110,000.

 

The grants are provided annually and formal advice of acceptance is required by 1 October 2011.

 

It is recommended that Council accept the Bicycle, Pedestrian and Black Spot Programs grant of $277,000 and the Regional Roads Repair Program grant of $230,000. The funding is conditional upon Council matching most of these funds on a dollar for dollar basis and completing the work by 30 June 2012.

 

The RTA provides funds to assist Council with the maintenance of regional roads. The Block Grant has a Traffic Facilities component of $313,000, a Roads component of $208,000, and a Supplementary Roads component of $82,000.

 

Council has previously accepted the Roads component and the Supplementary Roads component of the Block Grant. Council has not previously accepted the Traffic Facilities component.

 

 

Recommendation:

 

A.      That Council accepts the grant offer of $277,000 for the Pedestrian, Bicycle and Black Spot Program.

 

B.      That Council accepts the grant offer of $230,000 for the Regional Roads Upgrade Program.

 

C.      That Council accepts the Roads component of $208,000 and the Supplementary Road Component of $82,000 of the Regional Roads Block Grant for 2011/12.

 

D.      That Council not accept the Traffic Facilities component of the Regional Road Block Grant for 20112012 and continues to use RTA resources to carry out traffic facilities.

 

E.      That the budget adjustments for the Footpath and Traffic Facilities Programs, to provide Council’s share of the funding, be included in the first quarter budget review report for 2011/12.

 

 

 

 

 

 

Greg Piconi

Director Operations

 

 

 

Attachments:

A1View

Letter from RTA on funding program

 

2011/163738

  


APPENDIX No: 1 - Letter from RTA on funding program

 

Item No: GB.16

 


 


 

Ordinary Meeting of Council - 23 August 2011

NM.1 / 589

 

 

Item NM.1

S06523/2

 

15 August 2011

 

 

Notice of Motion

 

 

Ku-ring-gai Town Centres LEP

 

Notice of Motion from Councillor Elaine Malicki dated 15 August 2011

 

 

I move that:

 

"A block of time be set aside each week to allow Councillors and staff to meet with representatives of any interested action or special interest group effected by the former Town Centres LEP.

 

Each meeting should be scheduled for no more than 1/2 hour, with participants asked to supply Councillors with a brief summary of their planning issues, as well as suggestions for what they feel should be retained in the LEP and what should be changed. Written summaries may be left to assist future considerations, and no group will be favoured over any other. The meetings should continue for several weeks to allow those groups who wish to participate an opportunity to do so.

 

The purpose of this is to continue the process of consultation as requested by several groups at the meeting on 9th August. It will ensure that Councillors who attend understand the concerns in various precincts early in their deliberations.

 

These meetings are preliminary only and in no way a substitute for the formal consultation processes to come, which I anticipate will include public meetings in the various Town Centres, formal exhibition, opportunities to address council and the like."

 

 

Recommendation:

 

That the above Notice of Motion as printed be adopted.

 

 

 

 

 

 

Councillor Elaine Malicki

Councillor for Comenarra Ward