Agenda of Ordinary Meeting of Council

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 8 April 2014

Present:

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

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors D Citer & C Szatow (Gordon Ward)

Councillor D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Acting Director Strategy & Environment (Antony Fabbro)

Acting Director Community (Virginia Leafe)

Manager Records & Governance (Matt Ryan)

Governance Officer (Lisa Guildea)

Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7.00pm

The Mayor offered the Prayer

100

Apologies

File: S02194

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

NOTE: The Director Community, Janice Bevan and the Director Strategy and Environment, Andrew Watson tendered apologies for non-attendance.

Resolved:

(Moved: Councillors Ossip/Pettett)

That the apology from Councillor Berlioz 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.

No Interest was declared.

Address the Council

The following members of the public addressed Council on items not on the Agenda:

M Inglis – Marian Street Theatre

D Castle – Marian Street Theatre

M McCrae – Future of Marian Street Theatre

S Newman – Future of Marian Street Theatre

B Watson – Gateway Determination extension letter

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:

Confidential Councillors Information:

West Pymble Pool – Confidential Memorandum and confidential attachment from Director Strategy and Environment dated 1 April 2014 in response to a Question Without Notice raised by Councillor David Armstrong at the Ordinary Meeting of Council held 25 March 2014 circulated to Councillors and General Manager ONLY.

CONFIRMATION OF MINUTEs

101

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 25 March 2014

Minutes numbered 83 to 99

Resolved:

(Moved: Councillors Szatow/Armstrong)

That Minutes numbered 83 to 99 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

102

Planning Proposal for 1574 to 1578 Pacific Highway, Wahroonga

File: S09989

Vide: GB.6

For Council to consider a planning proposal to rezone and amend the heritage listing of land at 1574 to 1578 Pacific Highway, Wahroonga.

Resolved:

(Moved: Councillors Malicki/Pettett)

A. That consideration of a planning proposal to rezone and amend the heritage listing of land at 1574 to 1578 Pacific Highway, Wahroonga be deferred pending a site inspection.

B. That the site inspection be set at a time where the majority of Councillors can attend, including the two Ward Councillors, and that the surrounding or immediately adjacent properties also be part of that inspection.

CARRIED UNANIMOUSLY

103

Request for Legal Assistance - Canterbury City Council

File: S02046/7

Vide: GB.1

To consider a request from Local Government NSW for assistance with legal costs incurred by Canterbury City Council.

Resolved:

(Moved: Councillors McDonald/Ossip)

That Council agree to the request from Local Government NSW to contribute $611.71 towards Canterbury City Council’s incurred legal costs.

CARRIED UNANIMOUSLY

104

The Future of Local Government Conference

File: S08278

Vide: GB.2

To advise Council of The Future of Local Government Conference.

Resolved:

(Moved: Councillors McDonald/Armstrong)

That all interested Councillors advise the General Manager of their interest in attending The Future of Local Government conference by Friday, 11 April 2014.

CARRIED UNANIMOUSLY

105

2014 SafeCity Conference

File: S08278

Vide: GB.3

To advise Council of the 2014 SafeCity Conference.

Resolved:

(Moved: Councillors McDonald/Pettett)

That all interested Councillors advise the General Manager of their interest in attending the 2014 Safe City Conference by Friday, 11 April 2014.

CARRIED UNANIMOUSLY

106

35 Water Street, Wahroonga - Alterations and Additions to Existing Building and Use as a Residential Dwelling

File: DA0537/13

Vide: GB.4

Alterations and additions to existing dwelling and change of use from hospital to residential.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

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 the Building Height standard in clause 26ZY 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, being satisfied that the objection under SEPP No. 1 is well founded and also of the opinion that the granting of development consent to DA0537/13 is consistent with the aims of the Policy grant consent to DA 0537/13 for additions and alterations to an existing building and use of the building as a dwelling on land at 35 Water Street, Wahroonga for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

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

Plan no.	Drawn by	Dated
AR DA 00	TKD Architects	18.11.13
AR DA 01	TKD Architects	18.11.13
AR DA 03	TKD Architects	18.11.13
AR DA 04	TKD Architects	13.11.13
AR DA 05	TKD Architects	13.11.13

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. Asbestos works

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

Reason: To ensure public safety

5. Notice of commencement

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

Reason: Statutory requirement.

6. Notification of builder’s details

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

Reason: Statutory requirement.

7. Dilapidation 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.

8. 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.

9. Construction and traffic management plan

Prior to the commencement of any works on site, the applicant must submit for review by Council's engineers a construction and traffic management plan. The following matters must be specifically addressed in the plan:

a. A plan view of the entire site and frontage roadways indicating:

§ dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways

§ turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site

§ the locations of proposed work zones in the frontage roadways

§ location of any proposed crane and concrete pump and truck standing areas on and off the site

§ a dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries

§ material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected

§ an on-site parking area for employees, tradespersons and construction vehicles as far as possible

b. Traffic control plan(s) for the site

All traffic control plans must be in accordance with the RMS publication “Traffic Control Worksite Manual” and prepared by a suitably qualified person (minimum ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each stage.

Approval is to be obtained from Council for any temporary road closures or crane use from public property. Applications to Council shall be made a minimum of 4 weeks prior to the activity proposed being undertaken.

c. A detailed description and route map of the proposed route for vehicles involved in spoil removal, material delivery and machine floatage must be provided.

Light traffic roads and those subject to a load or height limit must be avoided where alternate routes exist.

A copy of this route is to be made available to all contractors and shall be clearly depicted at a location within the site.

The plan must provide evidence of RMS concurrence where construction access is provided directly from or within 20m of an arterial road.

The plan must provide a schedule of site inductions to be held on regular occasions and as determined necessary to ensure all new employees are aware of their construction management obligations. These must specify that construction-related vehicles are to comply with the approved requirements.

The plan must provide measures for minimising construction related traffic movements during school peak periods.

For those construction personnel that drive to the site, the applicant shall attempt to provide on-site parking so that their personnel’s vehicles do not impact on the current parking demand in the area.

The construction and traffic management plan shall be prepared by a suitably qualified and experienced traffic consultant and be certified by this person as being in accordance with the requirements of the abovementioned documents and the requirements of this condition. The construction management measures contained in the approved plan shall be implemented in accordance with the plan prior to the commencement of, and during, works on-site including excavation.

As the plan has a direct impact on the local road network, the plan shall be submitted to and reviewed by Council’s Development Engineer. Written acknowledgment from Council’s Engineer shall be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any works on site.

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. Sediment controls

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

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. 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:

12. Approved works

The works approved pursuant of this application relate solely to the modification shown on the approved plans to the building ‘Rippon Grange’. No landscaping works, improvements to the swimming pool or any other structure is approved as part of this application. Such works will need to be considered and secured subject of separate development consent, with all references to such works deleted from the approved plans.

Reason: to protect the ecological and historical values of the site.

13. Modification to approved plans

Prior to the issue of a Construction Certificate, the development plans shall be modified to delete the following notes:

· Retain and repair pool and surrounds (dwg AR DA04 Revision A, TKD Architects, 13/11/13)

· Landscaping to be retained and augmented with new plants and shrubs (dwg AR DA03 and DA04 Revision A, TKD Architects)

· Removal of existing paving to the east of the house and replacement with lawn (dwg AR DA01 Revision A1, TKD Architects)

All plans subject of the Construction Certificate shall be consistent with this requirement.

Reason: to ensure consistency of works.

14. Environmental site management plan

Prior to the issue of any Construction Certificate, a site management plan ensuring that construction access is not permitted within the heritage garden or Blue Gum High Forest conservation areas within the property shall be prepared and submitted to Council's landscape officer for approval.

The site management shall include details of:

- site entrance and exit and temporary access through the site in accordance with other conditions of consent and the attached marked up plan marked 'A'

- stockpiles and site sheds in accordance with other conditions of consent

- tree protection fencing in accordance with conditions and the attached marked up plan marked 'A'

The Construction Certificate shall not be issued until the Certifying Authority has written confirmation as to the adequacy of the plan. During construction works, the plan and restrictions there upon shall be strictly complied with.

Reason: To protect existing heritage fabric and environmentally sensitive areas and trees during the construction phase.

15. 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.

16. Builder’s indemnity insurance

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

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

Reason: Statutory requirement.

17. Certification of existing drainage system

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

· the operating condition of the existing site drainage system is of satisfactory capacity to meet the needs of the additional runoff generated by the development

· there will be no adverse impacts on the existing, adjacent or downstream properties as a result of the continued use of the existing site drainage system

Note: Evidence, including a sketch plan of the point and method of discharge for the existing stormwater drainage system from a licensed plumber, is to be provided prior to the issue of the Construction Certificate.

Where the existing drainage system is found to be unsatisfactory for continued use, the applicant is to submit plans and specifications for an upgraded stormwater disposal system, for approval by the Principal Certifying Authority (PCA) prior to issue of the Construction Certificate. Plans are to be prepared by a suitably qualified and experienced consulting civil/hydraulic engineer in accordance with Ku-ring-gai Water Management Development Control Plan 47.

Reason: To preserve and enhance the natural environment.

18. Excavation for services

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that no proposed underground services (ie: water, sewerage, drainage, gas or other service) unless previously approved by conditions of consent, are located beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.

Note: A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason: To ensure the protection of trees.

19. Contamination

(a) Prior to the issue of a Construction Certificate a Phase 1 Site Investigation shall be undertaken and submitted to the Certifying Authority, along with a Remedial Action Plan and Hazardous Materials Survey if found to be required by the Phase 1 assessment. The Remedial Action Plan must be accompanied by a statement from a site auditor accredited by the Environmental Protection Agency who can issue site audit statements.

(b) Upon completion of any required remediation works on the site and prior to the issue of an occupation certificate or occupation of the dwelling, a detailed Site Audit Summary Report and Site Audit Statement and Validation Report is to be submitted to the Certifying Authority. Such a site audit must be prepared in accordance with the Contaminated Land Management Act 1997 and completed by a site auditor accredited by the Environmental Protection Agency to issue site audit statements. Such a site audit must verify that the land is suitable for the proposed use.

Reason: SEPP 55 requirement

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

20. 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.

21. Temporary groundcover

Prior to building works commencing, all existing disturbed and bare earth areas on site shall be treated with a cover of mulch or treated with a dense cover crop utilising sterile/non seed-setting species. Such stabilisation shall be semi-permanent and remain in place until more formal landscaping works are undertaken.

Reason: To protect the environment

22. Tree protective fencing type galvanised mesh

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

Reason: To protect existing trees during construction phase.

23. 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.

24. Tree fencing inspection

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

Reason: To protect existing trees during the construction phase.

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

25. 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.

26. 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.

27. 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 RMS 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.

28. Heritage conservation advice

During the construction works, the conservation architects involved in the application shall be retained to provide on-site advice to the applicant and contractors in making decisions on how the actual works are to be carried out.

Reason: To protect the heritage significance of the building and ensure the new work is appropriate and does not obscure significant fabric.

29. Builders vehicles

All builders vehicles, deliveries and the like shall be located and undertaken within the boundaries of the site at all times. No related vehicles shall be parked in the surrounding street network.

Reason: To protect the amenity of surrounding residents.

30. Future landscaping works

No landscaping works are approved as part of this application (other than those works necessary to stabilise the disturbed parts of the site). Any landscaping works on site other than incidental maintenance shall be undertaken without separate development consent being first obtained from Council.

Reason: To protect the ecological and heritage significance of the site.

31. MP07_0151 works

No further landscaping works, building works or tree removal to those already undertaken which are facilitated under MP07_0151 shall be undertaken without Council's prior written approval.

Reason: To protect the ecological and heritage significance of the site.

32. 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.

33. 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.

34. 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.

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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:

43. 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. A175144 have been complied with.

Reason: Statutory requirement.

44. 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.

45. Surrender of Major Project MP07_0151

Prior to the issue of any Occupation Certificate or occupation of the building, the Minister's Consent MP07_0151 shall be surrendered in accordance with Section 8P of the Environmental Planning and Assessment Regulation 2000. Written confirmation of this surrender shall be provided to the Certifying Authority prior to any Occupation Certificate being issued or occupation of the building. Once surrendered, no works associated with that approval shall be undertaken.

Reason: To ensure orderly development of the land.

CARRIED UNANIMOUSLY

107

23 Redfield Road, East Killara - Alterations and Additions to the Existing Dwelling including Replacement of Driveway, Internal Alterations, Addition of Awning to Existing Balcony and Landscaping

File: DA0424/13

Vide: GB.5

Alterations and additions to the existing dwelling including replacement of driveway, internal alterations, addition of awning to existing balcony and landscaping at 23 Redfield Road, East Killara.

Resolved:

(Moved: Councillors McDonald/Szatow)

PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to the building height standard in clause 46 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

THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to DA0424/13 is consistent with the aims of the Policy, grant development consent to DA0424/13 for alterations and additions including replacement of driveway, internal alterations, addition of awning to existing balcony and landscaping on land at 23 Redfield Road East Killara, for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

CONDITIONS THAT IDENTIFY APPROVED PLANS:

1. Approved architectural plans and documentation (new development)

The development must be carried out in accordance with work shown in colour on 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
32603A01.DWG Rev A Survey	Degotardi, Smith & Partners	10/08/10
1201-G-A01 Issue 1 General notes & drawing schedule	Noosalutions	01/08/13
1201-P-A01 Issue 1 Site analysis	Noosalutions	01/08/13
1201-P-A02 Issue 2 Site plan	Noosalutions	10/02/14
1201-P-G01-G02 Issue 1 Ground floor plans - existing	Noosalutions	01/08/13
1201-P-101-102 Issue 1 First floor plans	Noosalutions	01/08/13
1201-P-103 Issue 1 Garage parking clearances	Noosalutions	01/08/13
1201-P-201-202 Issue 1 Second floor plans	Noosalutions	01/08/13
1201-P-R01-R02 Issue 1 Roof floor plans	Noosalutions	01/08/13
1201-E-A01-A04 Issue 1 Elevations	Noosalutions	01/08/13
1201-E-A06 Issue 1 Gazebo elevation	Noosalutions	01/08/13
1201-E-A07 Issue 1 Pool & fencing detail	Noosalutions	06/02/14
1201-S-A01 Issue 1 Building section	Noosalutions	30/11/12
L001 Rev E Landscape plan	Peta Gilliland Landscape Design	07/02/14
C01 Rev B Driveway plan & sections	Northern Beaches Consulting Engineers Pty Ltd	14/12/12
D01 Rev B Stormwater management plan & details	Northern Beaches Consulting Engineers Pty Ltd	14/12/12

Document(s)	Dated
Letter from RFS	22 January 2014
BASIX certificate No. A85522_03	05 September 2013
Arborist report, Glenice Buck Designs Pty Ltd	15 October 2013

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
L001- E	Peta Gilliland	4/05/13

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

4. No demolition of extra fabric

Reason: To ensure compliance with the development consent.

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

5. Asbestos works

Reason: To ensure public safety.

6. Notice of commencement

Reason: Statutory requirement.

7. Notification of builder’s details

Reason: Statutory requirement.

8. Structural adequacy (alterations and additions)

9. Access through public reserve not permitted

Access for construction purposes shall not be gained through the adjoining public reserve. Should no alternative access exist, an application for access to the construction site via the public reserve shall be submitted to Council for consideration and approval prior to the commencement of works.

Reason: To protect public reserves.

10. Construction waste management plan

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:

11. Long service levy

Reason: Statutory requirement.

12. Builder’s indemnity insurance

Reason: Statutory requirement.

13. Stormwater details (alts and additions where rainwater tanks required)

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, details in relation to stormwater management and disposal for the approved development. The following must be included:

(i) Schedule of new drainage system components required to comply with AS3500.3 - (2003) Plumbing Code. This would typically nominate guttering and downpipe sizes and specifications, pipe and pit sizes for new drainage lines and show the location of these by way of sketch on the architectural plans issued for construction purposes.

(ii) A plan showing the location(s) of the required rainwater storage tank(s) (of minimum volume 839 litres) with manufacturer details and specifications provided for proprietary products. The design and citing of rainwater tanks shall be in accordance with Ku-ring-gai Water Management Development Control Plan No. 47, Appendix 6. For every 5000 litres of tank storage provided, at least 100m2 of roof area must drain to the rainwater tank system so that it has an adequate rainwater supply.

(iii) The specifications for any pumping facilities so that retained water may be used for household purposes as required.

(iv) A sketch plan showing the location of any new connection points to the public drainage system where proposed (e.g. at kerb, table drain, in ground pits or pipes) for Council records.

The details may be prepared by either a licensed plumber with experience in the installation of domestic stormwater systems or a qualified civil/hydraulic engineer. The scope of detail required shall be at the discretion of the Principal Certifying Authority having regard to ensuring that the new stormwater disposal and management systems are installed in accordance with the relevant plumbing codes, guidelines and the Building Code of Australia.

Reason: To ensure that stormwater disposal and management systems are installed in accordance with the relevant plumbing codes, guidelines and the Building Code of Australia.

14. Excavation for services

Note: A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason: To ensure the protection of trees.

15. Landscape plan

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that a landscape plan has been completed in accordance with Council’s DA Guide, relevant development control plans and the conditions of consent by a Landscape Architect or qualified Landscape Designer.

Note: The Landscape Plan must be submitted to the Principal Certifying Authority.

Reason: To ensure adequate landscaping of the site.

16. 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.

17. Vehicular access and garaging

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

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

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

18. Infrastructure restorations fee

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

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.

e) In this condition:

Reason: To maintain public infrastructure.

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

19. Road opening permit

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

20. Prescribed conditions

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

Reason: Statutory requirement.

21. Hours of work

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.

22. Approved plans to be on site

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

23. Statement of compliance with Australian Standards

Reason: To ensure compliance with the Australian Standards.

24. 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

· 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.

25. 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.

26. Use of road or footpath

Reason: To ensure safety and amenity of the area.

27. 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.

28. Toilet facilities

Reason: Statutory requirement.

29. 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.

30. Recycling of building material (general)

Reason: To facilitate recycling of materials.

31. 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.

32. Road reserve safety

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

33. 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.

34. Structures to be clear of drainage easements

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

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

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

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

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

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

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

35. 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.

36. Drainage to existing system

Reason: To protect the environment.

37. Grated drain at garage

A 200mm wide grated channel/trench drain, with a heavy-duty removable galvanised grate is to be provided in front of the garage door/basement parking slab to collect driveway runoff. The channel drain shall be connected to the main drainage system and must have an outlet of minimum diameter 150mm to prevent blockage by silt and debris.

Reason: Stormwater control.

38. Approved tree works

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

Schedule
Tree/Location	Approved tree works
As indicated on the approved Landscape plan by Peta Gilliland LA001-E	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.

39. 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.

40. 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.

41. 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.

42. Removal of noxious plants & weeds

All noxious and/or environmental weed species shall be removed from the property prior to completion of building works.

Reason: To protect the environment.

43. On site retention of waste dockets

· 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:

44. 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. A85522_03 and dated 05 September 2013 have been complied with.

Reason: Statutory requirement.

45. 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.

46. Certification of drainage works (alterations/additions)

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

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

· the stormwater drainage works have been completed in accordance with the approved Construction Certificate drainage plans, the nominated BASIX commitments and Ku-ring-gai Water Management DCP 47

Note: Evidence from the plumbing contractor or a qualified civil/hydraulic engineer confirming compliance with this control is to be provided to Council prior to the issue of an Occupation Certificate.

Reason: To protect the environment.

47. 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.

48. Infrastructure repair

Reason: To protect public infrastructure.

49. Swimming pool (part 1)

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

C1 1. Access to the pool/spa shall be restricted by a child resistant barrier in accordance with the regulations prescribed in the Swimming Pools Act, 1992:

(a) The pool shall not be filled with water or be allowed to collect stormwater until the child resistant barrier is installed; and

(b) The barrier is to conform to the requirements of AS 1926-1 2012 Fences and Gates for Private Swimming Pools.

Reason: To ensure the safety of children.

2. Any mechanical equipment associated with the swimming pool and/or spa pool shall be located in a sound-attenuating enclosure. The Principal Certifying Authority shall be satisfied that the sound levels associated with the swimming pool/spa filtration system and associated mechanical equipment do not exceed 5dB(A) above the background noise level at the boundaries of the site.

Reason: To protect the amenity of surrounding properties.

Conditions to be satisfied at all times:

50. 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.

51. Swimming pool (part 2)

At all times:

1. Access to the swimming pool must be restricted by fencing or other measures as required by the Swimming Pools Act 1992.

2. Noise levels associated with spa/pool pumping units shall not exceed 5dB(A) above the background noise level at the boundaries of the site.

3. Devices or structures used for heating swimming pool water must not be placed where they are visible from a public place.

4. For the purpose of health and amenity, the disposal of backwash and/or the emptying of a swimming pool into a reserve, watercourse, easement or storm water drainage system is prohibited. These waters are to discharge via a permanent drainage line into Sydney Water's sewer in accordance with Australian Standard AS3500.2 section 10.9. Permission is to be obtained from Sydney Water prior to the emptying of any pool to the sewer.

5. Lighting from the swimming pool and other communal facilities shall not detrimentally impact the amenity of other premises and adjacent dwellings.

Reason: Health and amenity.

52. Rural Fire Services (RFS)

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that the following RFS requirements have been satisfied:

Asset Protection Zones

The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting fire fighting activities. To achieve this, the following conditions shall apply:

At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

To allow for emergency service personnel and residents to undertake property protection activities, a defendable space that permits unobstructed pedestrian access is to be provided around the building.

Water and Utilities

New installations of water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

New construction on the north-western elevation(s) shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

New construction shall comply with Sections 3 and 9 (BAL FZ) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'. However, any material, element of construction or system when tested to the method described in Australian Standard AS1530.8.2 Methods for fire tests on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack-Large flaming sources shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber.

Windows assemblies shall comply with modified Sections 3 and 9 of AS3959 (as above) or the following:

i. They shall be completely protected by a non-combustible and non perforated bushfire shutter that complies with Section 3.7 of AS3959 excluding parts (e) & (f); and

ii They shall comply with the following:

a) Window frames and hardware shall be metal;

b) Glazing shall be toughened glass, minimum 6mm;

c) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5;

d) The openable portion of the window shall be screened internally or externally with a mesh with a maximum aperture of 2mm, made from corrosion resistant steel or bronze. The frame supporting the mesh shall be metal.

External Doors (not including garage doors) shall comply with modified Sections 3 and 9 of AS3959 (as above) or the following:

i. They shall be completely protected by a non-combustible and non perforated bushfire shutter that complies with Section 3.7 of AS3959 excluding parts (e) & (f); and

ii. They shall comply with the following:

a) Doors shall be non-combustible;

b) Externally fitted hardware that supports the panel in its function of opening and closing shall be metal;

c) Where doors incorporate glazing, the glazing shall be toughened glass minimum 6mm;

d) Seals to stiles, head and sills or thresholds shall be manufactured from silicone;

e) Doorframes shall be metal;

f) Doors shall be tight fitting to the doorframe or an abutting door;

g) Weather strips, draught excluders or draught seals shall be installed if applicable.

The existing dwelling is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

Landscaping

Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'. In this regard the following landscaping principles are to be incorporated into the development:

● Suitable impervious areas being provided immediately surrounding the building such as courtyards, paths and driveways;

● Grassed areas/mowed lawns/ or ground cover plantings being provided in close proximity to the building;

● Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building;

● Maximum tree cover should be less than 30%, and maximum shrub cover less than 20%;

● Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters);

● When considering landscape species consideration needs to be given to estimated size of the plant at maturity;

● Avoid species with rough fibrous bark, or which retain/shed bark in long strips or retain dead material in their canopies;

● Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown;

● Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter);

● Avoid climbing species to walls and pergolas;

● Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building;

● Locate combustible structures such as garden sheds, pergolas and materials such timber garden furniture way from the building; and

● Use of low flammability vegetation species.

Reason: Statutory requirement.

CARRIED UNANIMOUSLY

108

Updated Policy on Dividing Fences adjoining Council Land

File: CY00068/6

Vide: GB.7

To seek endorsement of Council on an updated Policy and Procedure on Dividing Fences adjoining Council Land.

Resolved:

(Moved: Councillors McDonald/Szatow)

That Council adopt the updated Policy and Procedure on Dividing Fences adjoining Council land.

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

109	Rejuvenation of Grandview Street, Pymble Shopping Precinct File: S05711 Vide: NM.1
	The following members of the public addressed Council: M Burton P Cooper
	Notice of Motion from Councillor Ossip dated 31 March 2014 The Pymble village shopping precinct on Grandview Street has served Pymble well since it was established over a century ago, before the construction of the North Shore railway line. Most of the present shops were built in the interwar period in the traditional strip-shopping village style in proximity of the station. It has been widely observed that the Grandview Street precinct in Pymble has become somewhat dated over the years and is now regarded by many as the most neglected and aesthetically displeasing town centre in Ku-ring-gai. In recent months, shop owners and residents of the area have made representations to Council about the state of the precinct. This is nothing new - there is evidence that this has been an issue of consternation for Pymble residents and shop owners for at least the past 18 years, with the first letter on the issue being received by Council in 1996. In 2001, two petitions with a combined 1,050 signatures were submitted to Council requesting action to improve the state of the precinct. Unfortunately, no such action has been taken to date. At present, Council has no plans for any works in Pymble until after 2031 at the earliest. Pymble is not a neighbourhood centre and is consequently not included in the neighbourhood centres program. Further, it is not a town centre in which Council expects significant, if any commercial redevelopment. Accordingly, development contributions sufficient to fund any upgrade works are not anticipated. Without action, therefore, the Pymble town centre will continue to be neglected and will continue to deteriorate. Residents and local shop owners are demanding that the area be revitalised and beautified as a priority. I believe a significant opportunity exists for Council to assist in the rejuvenation of an important, historical area of Ku-ring-gai. Indeed, even minor upgrades of the precinct would be consistent with Council’s economic and social development objectives and enhance civic pride. I therefore move that: “1. Council begins the process of community consultation with residents and shop owners in Pymble to ascertain what improvements these stakeholders view as desirable for the Pymble village shopping precinct in Grandview Street. 2. A report be brought back to Council within 3 months providing Council with options as to how the precinct can be rejuvenated and revitalised. “
	Motion: (Moved: Councillors Ossip/Citer) That the above Notice of Motion as printed be adopted. For the Motion: Councillors Armstrong, Citer and Ossip Against the Motion: The Mayor, Councillor J Anderson, Councillors McDonald, Pettett, Szatow, Malicki and Fornari-Orsmond No decision was taken in respect of the above matter as the Motion when put to the vote was LOST The above Motion was subject to an Amendment which was LOST. The Lost Amendment was: (Moved: Councillors Ossip/Citer A report be brought back to Council within 3 months providing Council with options as to how the precinct can be rejuvenated and revitalised.

QUESTIONS WITHOUT NOTICE

110

828 Pacific Highway Gordon

File: S08130/5

Vide: QN.1

Question Without Notice from Councillor David Armstrong

Could the Director responsible for the refurbishment of 828 Pacific Highway please give a summary of progress made and monies spent to date?

Answer by the General Manager

Happy to take that on notice and provide a written memorandum to Councillors.

111

Completion of Planning Proposal for 20 to 28 Culworth Avenue and
17 Marian Street, Killara

File: S09768

Vide: QN.2

Question Without Notice from Councillor Cheryl Szatow

Could a copy of the General Manager’s letter dated 20 February 2014 to the Department of Planning and Infrastructure requesting an extension of time for completion of the planning proposal under the Gateway Determination be placed on Council’s website along with other “Additional Material” relating to the public exhibition and the request for submissions relating to the planning proposal for 20 to 28 Culworth Avenue and 17 Marian Street, Killara?

Answer by the General Manager

Whilst not directly related to the second exhibition, it is a publicly available document and happy to put it on Council’s website.

112

Disclosure of Confidential Documents regarding Acquisition of 828 Pacific Highway Gordon

File: S08130/5

Vide: QN.3

Question Without Notice from Councillor Cheryl Szatow

What is the current timing for the release of the disclosure of confidential documents regarding the acquisition of 828 Pacific Highway Gordon as resolved at the Ordinary Meeting of Council on 18 March 2014?

Answer by the General Manager

The Corporate Lawyer and I have met on those today. As late as this afternoon, if they are not already but from tomorrow morning, some will start to be available and we decided that rather than vet all the documents and put them up in one hit, we think it is fairer to actually stage them so as we release them, we will just periodically put them up on the website.

113

Netball Courts at Canoon Road Turramurra

File: S02268

Vide: QN.4

Question Without Notice from Councillor David Armstrong

Could you please advise us on the upgrade and scope of upgrade on the netball courts at South Turramurra?

Answer by the Director Operations

Happy to report back on that but there is information in the current Delivery Program that has gone out on exhibition indicating what works are planned for the next 4 to 5 years.

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

An Inspections Committee will take place to view the following properties:

1574 to 1578 Pacific Highway, Wahroonga

Councillors and immediate surrounding parties will be advised of the date, time and rendezvous of the Inspections Committee.

The Meeting closed at 8.04pm

The Minutes of the Ordinary Meeting of Council held on 8 April 2014 (Pages 1 - 41) were confirmed as a full and accurate record of proceedings on 29 April 2014.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 29 April 2014	GB.4 / 192

Item GB.4	DA0015/14
	18 March 2014

development application

Summary Sheet

Report title:	60 Bannockburn Road, Pymble - Alterations and additions to the existing dwelling
ITEM/AGENDA NO:	GB.4

Application No:	DA0015/14
Property Details:	60 Bannockburn Road, Pymble Lot & DP No: Lot 13 DP 13111 Site area (m²): 1612m² Zoning: Residential 2(c)
Ward:	Wahroonga
Proposal/Purpose:	To determine Development Application DA0015/14 for alterations and additions to the existing dwelling
Type of Consent:	Local
Applicant:	Urbanesque Planning Pty Ltd
Owner:	Stephen and Alison Flannigan
Date Lodged:	21 January 2014
Recommendation:	Approval

Purpose of Report

To determine Development Application No 0015/14, which seeks consent for alterations and additions to the existing dwelling on the subject site. As there would be a variation to a development standard that exceeds 10%, the DA must be determined by full Council.

Consideration of variation pursuant to SEPP No. 1

Under the provisions of Clause 60C(2) of the Ku-ring-gai Planning Scheme Ordinance the Built-upon Area (BUA) for the site is prescribed at 60% of the total site area.

The existing development, which consists of a two storey dwelling, in-ground swimming pool and tennis court, exceeds Council’s BUA, equating to 71.78% of the site area.

The works proposed under DA0015/14 result in a net reduction to the existing BUA of 3.29m² making the total BUA for the site 71.58%. However, this BUA still remains over the prescribed maximum of 60% and therefore requires a SEPP 1 Objection.

integrated planning and reporting

Places, Spaces & Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P3.1 The built environment delivers attractive, interactive and sustainable living and working environments.

A high standard of design quality and building environmental performance is achieved in new development.

Assessment of applications is consistent with Council’s adopted LEPs and DCPs.

Executive Summary

Issues:	Built Upon Area - Clause 60C(2) of the Ku-ring-gai Planning Scheme Ordinance

Submissions:	No submissions received

Land and Environment Court:	N/A

Recommendation:	Approval

DA history

21 January 2014 Application lodged.

23 January 2014 Internal landscape referral sent.

23 January 2014 Application notified.

THE SITE AND SURROUNDING AREA

The site:

Visual character study category:	1920-1945
Easements/rights of way:	None identified
Heritage Item:	No
Heritage conservation area:	No
In the vicinity of a heritage item:	No
Bush fire prone land:	No
Endangered species:	Yes – Blue Gum High Forest – No impact
Urban bushland:	No

Site description

The site is legally described as Lot 13 in DP13111 and is known as 60 Bannockburn Road, Pymble. The site is on the western side of Bannockburn Road and has a total area of 1612m². Currently on-site is a two storey residential dwelling, an in-ground swimming pool and a tennis court. The tennis court is located on the hatched shaped section of the site at the rear.

Figure 1: Site Aerial Photo Figure 2: Locality Aerial Photo

Surrounding development

The surrounding development is primarily two storey residential dwellings with Bannockburn Oval located opposite the site.

THE PROPOSAL

The application proposes alterations and additions to the existing dwelling comprising the following:

· demolition of the existing porch and roof and construction of a new verandah and porch

· internal demolition and widening of front entry to accommodate new doors

· removal of existing windows to the formal dining room and lounge room and installation of new French doors to a new verandah

· widening of existing path to front steps

· rear extension of the existing living room to create new rumpus room

· demolition of an existing garden bed and extension of the existing rear verandah off the living room to create a new terrace to the new rumpus room, with the existing verandah slab to be raised to match the existing living room level

· modification of the existing billiard room with the provision of new windows and bi-fold doors

· lowering and upgrading to paving and retaining walls around the modified billiard room

· removal of paving at the rear of the new rumpus room and introduction of a grassed area

· modification and extension of existing retaining wall located adjacent to new rumpus room

· replacement of the existing roof tiles with new flat terracotta roof tiles

The majority of the work is proposed over existing hard surface areas and will result in a minor reduction of the built-upon area from 71.78% to 71.58% (3.29m²).

COMMUNITY CONSULTATION

In accordance with Development Control Plan No. 56, owners of surrounding properties were given notice of the application. In response, no submissions were received.

INTERNAL REFERRALS

Landscaping

Council's Landscape and Tree Assessment Officer commented on the proposal as follows:

“Site characteristics

The almost level site rises approximately 1.5m to the rear eastern boundary.

Tree impacts

There are no significant trees removed or adversely impacted by the proposal.

Stormwater plan

A stormwater management plan has not been required.

BASIX

There is no landscape commitment under the BASIX certificate.

Conclusion

The proposal is supported.”

Engineering

Council's Development Engineer has no objection to the application, subject to Conditions 11, 12, 25, 27, 28 and 35.

STATUTORY PROVISIONS

The proposal is “Local Development” under Part 4 of the Environmental Planning and Assessment Act 1979 and requires development consent.

State Environmental Planning Policies

State Environmental Planning Policy No. 1 – Development Standards

This policy provides flexibility in the application of development standards within Planning Instruments in circumstances where strict compliance would be unreasonable or unnecessary or tend to hinder the attainment of the objects specified under Section 5(a)(1) of the Act.

Clause 60C(2) of the Ku-ring-gai Planning Scheme Ordinance states that the maximum built-upon area (BUA) for any land on which a dwelling house is or is proposed to be erected or extended or on which development ancillary to the dwelling has been or is proposed to be carried out is prescribed at 60% of the total site area.

The existing development onsite, which comprises of a two storey dwelling, in-ground swimming pool and tennis court, exceeds Council’s built-upon area equating to 71.78% and the proposal will decrease this to 71.58%. Accordingly, a SEPP 1 objection has been lodged and the departure from the development standard is considered below.

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River

SREP 20 applies to land within the catchment of the Hawkesbury Nepean River. The general aim of the plan is to ensure that development and future land uses within the catchment are considered in a regional context. The Plan includes strategies for the assessment of development in relation to water quality and quantity, scenic quality, aquaculture, recreation and tourism.

The development has the potential to impact on water quality and volumes to the catchment.

Council’s Development Engineer considers the proposed stormwater system to be acceptable. Subject to conditions, the development is unlikely to generate significant additional stormwater and is consistent with the provisions of SREP 20.

State Environmental Planning Policy No. 55 - Remediation of Land

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. 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 adequately reflects all amendments to the application.

Ku-ring-gai Planning Scheme Ordinance

Part A: Development standards

Development standard	Proposed	Complies
Site area: 1612m²
Minimum size allotments
Site area: 929m²(min)	1612m²	YES
Site width: 18m (min)	26.9m	YES
Height: 8m or 2storey (max)	8m or 2 storeys	YES
Built upon areas 60%(967.2m²)(max)	71.58% (1153.88m²) (Existing: 71.78%)	NO – refer SEPP 1 Objection

State Environmental Planning Policy No. 1 (Development Standard)

Clause 6 of SEPP 1 incorporates the mechanism for making of a SEPP 1 Objection and provides as follows:

Where development could, but for any development standard, be carried out under the Act, the person intending to carry out that development may make a development application in respect of that development, supported by written objection that the development standard is unreasonable or unnecessary in the circumstances of the case, and specify the grounds of that objection.

The applicant has submitted a SEPP1 objection (Attachment 1) seeking to vary the development standard under Clause 60C(2) for built upon area. Currently the built upon area onsite is at 71.78% and the proposal will reduce this to 71.58%. The SEPP 1 Objection provides that compliance with the development standard is unreasonable or unnecessary as:

· The proposal seeks to increase the existing percentage of landscape areas. The proposal does not impact upon the biodiversity of the locality.

· The front setback maintains a developed and well landscaped garden and lawn area. The front yard is the primary soft landscaped area and ensures the existing dwelling presents well from the streetscape and adjoining developments.

· The proposed landscape area will not increase urban run–off from the current situation as level of pervious areas will Increase.

· According to the accompanying Stormwater statement by StormCivil Engineering Solutions, the site has a frontage to Bannockburn Road and by elevation is higher than the level of Bannockburn Road. Consequently the site efficiently drains by gravity to council’s street drainage system.

· The proposed development decreases the existing percentage of built upon areas.

Accordingly, the following assessment has been carried out as follows:

whether the control is a development standard?

Clause 60C(2) of the Ku-ring-gai Planning Scheme Ordinance (KPSO) prescribes a maximum built upon area of 60%. As the KPSO is a statutory planning instrument, this control is a development standard as defined under Section 4 of the Environmental Planning & Assessment Act 1979.

the underlying objectives or purpose behind the standard

Clause 60C(2) does not have any specific objectives, however DCP 38 provides guidance with regards to objectives for built upon area, which are as follows:

· Development should maintain a reasonable proportion of the site as soft landscaping to ensure that predominant landscape character of the locality is maintained or enhanced.

· The built upon area should be reduced where stormwater cannot be directed to the street or a drainage easement.

The limitations on built upon area are primarily to reduce impacts upon the landscaped character of the site and locality. By providing maximum built upon area requirements, soft landscaping and canopy trees can be adequately accommodated on a site whilst also providing appropriate stormwater management for the site.

whether compliance with the development standard is consistent with the aims of the policy and, in particular, whether compliance with the development standard hinders the attainment of the objectives specified under Section 5(A)(i), (ii), (iii) and (iv) 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 objects specified in Section 5(a) (i) and (ii) of the Act.

In this regard, the objectives 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;

The SEPP 1 Objection states that providing flexibility in the application of the built upon area standard will result in a development that is consistent with the objectives of Sections 5(a)(i) and (ii). Compliance with the standard in this case would not change the planning outcome of the site, particularly as the majority of the works are over existing hard surface areas.

whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case

Compliance with the development standard, in this instance, is considered to be unreasonable and unnecessary as the site currently has a built upon area of 71.78% and the proposed development will be constructed over existing hard surface areas with a small amount of existing paving to be removed and converted into soft landscaping.

For the proposal to be fully compliant with the 60% standard, the proposal would need to reduce the built upon area by 186.68m². This would require a large portion of existing paving and part of the tennis court to be removed and replaced with soft landscaping. This is not considered to be reasonable as the site already has a non-compliant built-upon area and the application proposes to reduce this, albeit marginally.

The works proposed at the rear are over existing hard surfaces and will not change the overall landscape character of the site, particularly as the site supports a landscaped frontage which is in keeping with the streetscape character.

whether the objection is well founded

The proposed non-compliance to the built-upon area is the product of existing development on the site and will be slightly reduced due to the proposed works. For this reason and those listed above, the objection is considered to be well founded and it is agreed that compliance with the standard is unreasonable and unnecessary in the circumstances of the case.

whether non-compliance with the development standard is raises any matter of significance for State or regional environmental planning

It is considered that there are no matters of significance for State or regional environmental planning in this circumstance.

whether there is public benefit in maintaining the planning controls adopted by the environmental planning instrument

The development standard for built-upon area is consistent with the development outcomes promoted by the Ku-ring-gai Planning Scheme Ordinance. There is public benefit in maintaining this development standard but, in this instance, requiring compliance would not be considered reasonable.

Clause 33(a) – Aesthetic appearance

Clause 33(a) of the KPSO requires Council to give appropriate consideration to the visual impacts of a development when viewed from the open space reserve located opposite the site.

The proposed changes to the overall visual presentation of the site’s development to the reserve are not considered to be unreasonable. When viewed from this location, the proposed development is moderate in scale and will not generate any undue bulk, scale, solar access or general amenity impact. Also, the materials and finishes used are consistent with the surrounding environment.

Therefore, in respect of the above, the aesthetic presentation of the development to the reserve is deemed to be acceptable.

Clause 38B – Services

Clause 38B states that consent must not be issued to the carrying out of development on land unless access to a water supply, drainage and a sewerage system will be available.

The site is connected to the sewer system and reticulated water is provided.

Part B: Aims and objectives for residential zones:

The development: (i) provides satisfactory levels of solar access & privacy to surrounding properties; (ii) is of a bulk, scale and design, characteristic of the area; (iii) maintains adequate levels of soft landscaping; (iv) provides suitable egress/ingress for vehicles; and (v) maintains the landscape quality of the municipality. Consequently, the aims and objectives for residential development as outlined by Schedule 9 have been satisfied.

Part C: Heritage /conservation areas:

Not applicable.

Draft Ku-ring-gai Local Environmental Plan 2013

The draft LEP and supporting material was exhibited from 25 March 2013 to 6 May 2013. The particular aims of the draft LEP are to guide the future development of land and the management of environmental, social, economic, heritage and cultural resources within Ku-ring-gai. The subject site is located within an area identified on the statutory maps and as such the draft LEP forms a consideration for the assessment of this application.

As a result of the plan, the subject site will be zoned ‘R2 Low Density Residential’ and the development is permissible within this zoning. The objectives of the zone are as follows:

· To provide for the housing needs of the community within a low density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

· To provide housing that is compatible with the existing environmental and low density character of Ku-ring-gai

The proposal has a built form which is compatible with the existing low density character of the area and the land to be developed. Therefore, the proposal meets the objectives of the draft zone.

POLICY PROVISIONS

Development Control Plan No. 38 - Ku-ring-gai Residential Design Manual

Development Control	Proposed	Complies
4.1 Streetscape:
Building setbacks (s.4.1.3)
Front setback: 12m (min)	11.8m to porch	NO
Side setback: Ground floor: 3.2m (min)	4m	YES
Rear setback: 12m(min)	5.4m	NO
4.2 Building form:
FSR (s.4.2.1) 0.3:1 (max)	0.2:1	YES
Height of building (s.4.2.2)
2 storey (max) and 8m	2 storey & 8m	YES
Building height plane (s.4.2.3) 45⁰ from horizontal at any point 3m above boundary	Existing	N/A
First floor (s.4.2.4)
FSR: < 40% total FSR	37%	YES
Roof Line (s.4.2.6)
Roof height (5m - single storey) (3m - two⁺ storey)	3m	YES
Roof pitch 35⁰(max)	To match existing	N/A
Built-upon area (s.4.2.7) 50% (806m²) (max)	71.58%	Refer SEPP 1 discussion
Unrelieved wall length (s.4.2.8) 12m for walls less than 4m in height 8m for walls more than 4m in height	10m Existing	YES N/A
Solar access (4.2.11) 4h solar access to adjoining properties between 9am to 3pm	Existing	N/A
Cut & fill (s.4.2.14)
Max cut 900mm	<900mm	YES
Max cut & fill across building area of 1800mm and 900mm	<1800mm	YES
No cut or fill within side setbacks		YES
4.3 Open space & landscaping:
Soft landscaping area (4.3.3) 50% (806m²) (min)	28.42%	NO
Tree replenishment (s.4.3.6) 10 Trees required	5 existing	NO
Landscaping cut & fill (4.3.7)
max cut or fill 500mm relative to natural ground	<500mm	YES
no cut & fill within 2m of boundary	>2m	YES
Useable open space (s.4.3.8) Min depth 5m and min area 50m²	5m depth Area: 50m²	YES YES
4.4 Privacy & security:
Refer discussion below.

Part 4.1 - Streetscape:

Front setback:

The proposed front verandah does not comply with the minimum 12 metres front setback control. However, despite the minor 200mm numerical departure, the proposed front setback is considered to be consistent with the existing character of buildings on adjoining properties. The site has a very well established front garden setting and the new verandah’s minor encroachment does not impact on this landscaped setting or the streetscape character of the locality.

Rear setback

The site has an irregular rear boundary in that it has two discernible positions, one being on the southern side of the site, which is 38.86 metres from the front boundary, and the other being on the northern section of the site, which measures 74.81 metres from the front boundary.

The rear setback control is applicable to both the north and south sections of the rear boundaries. The northern section of the boundary complies with the required rear setback to the dwelling but the southern section does not. Accordingly a merit based assessment has been carried out for this section as the extension of the existing living room will bring the new rumpus room to within 5.3 metres of this southern section boundary.

Under section 4.1.3 of DCP 38 the objectives of the setback control are to:

· maintain streetscape character

• ensure the amenity of neighbouring properties is maintained or enhanced

• allow for the provision of landscaping and provide room for additional tree plantings to grow to maturity;

• facilitate solar access;

• protect significant vegetation;

• facilitate efficient use of the site; and

• minimise bushfire hazard by preserving a "fuel free" zone (where development is adjacent to high bushfire hazard areas).

Whilst the rear extension to create the rumpus room does not comply with the rear setback control, the objectives have been maintained as the neighbouring property’s amenity will not be affected with regard to privacy or any other impacts. The boundary is well screened, as indicated below by Figure 3, and will have an additional planter box introduced along the boundary to provide additional screen planting. Being only single storey, the extension will not impact on solar access and is proposed largely over existing paving which contains no vegetation that requires removal other than an existing garden bed.

Figure 3: Rear southern boundary

It is therefore considered that the rear extension is acceptable as it maintains the objectives of the setback control.

4.3 Open space & landscaping:

Soft landscaping area (4.3.3) and tree replenishment (4.3.6)

The existing built-upon area of 71.78% prevents compliance with the minimum soft landscaping requirement of 50% of the site.

The site supports a two storey dwelling, driveway, in-ground swimming pool and tennis court together with a significant amount of paving. The site’s primary landscaped area is located within the front setback of the site and along the side and rear boundaries, which only allows for boundary plantings. The site cannot therefore comply with the required 50% soft landscaping requirement or provide the replacement 5 canopy trees required by DCP 38.

The site does support a number of trees and has a front landscape setting that is consistent with the streetscape character of the locality. There is sufficient private open space at the rear that provides an area of recreation for the residents and, whilst there is a shortfall in the provision of landscaped area, it is considered that the objectives of DCP 38 have been achieved.

4.4 Privacy & security:

There will be no privacy or security impacts as a result of the proposed works. The new window to the billiard room along the northern boundary is at single storey level and is screened by an existing brushwood fence, thereby minimising any privacy impacts to the property at 62 Bannockburn Road.

The rear extension will have minimal privacy impacts to the surrounding rear properties as it is single storey, has existing screen planting along the rear southern boundary and is sufficiently distant from the private open spaces of these properties.

Development Control Plan 40 – Construction and Demolition Waste Management

An acceptable Waste Management Plan has been submitted and further conditions are recommended to ensure appropriate practices are undertaken with regard to site management, pollution control, resource/waste management, tree protection and noise control where applicable.

Other stated DCPs or Policies

The development application is satisfactory having regard to the relevant matters for consideration under those stated DCPs or Policies as identified under the “Executive Summary” in this report.

LIKELY IMPACTS

All likely impacts have been considered.

SUITABILITY OF THE SITE

The site is considered to be suitable for the proposed development.

ANY SUBMISSIONS

No submissions have been received.

PUBLIC INTEREST

The approval of the application is considered to be in the public interest.

CONCLUSION

Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory. Therefore, it is recommended that the application be approved.

Recommendation:

PURSUANT TO SECTION 80(1) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 - Development Standards to the Built-upon Area development standard in clause 60C 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.

THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to DA0015/14 is consistent with the aims of the Policy, grant development consent to DA0015/14 for alterations and additions on land at 60 Bannockburn Road Pymble, for a period of two (2) years from the date of the Notice of Determination subject to the following conditions:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

Plan no.	Drawn by	Dated
DA-01-3 DA-02-3 DA-03-3	Bean Project Management Pty Ltd	13.12.13

Document(s)	Dated
Colours and finishes schedule	December 2013
Basix certificate No. A178318	11 December 2013

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

Reason: To ensure compliance with the development consent.

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

4. Asbestos works

Reason: To ensure public safety.

5. Notice of commencement

Reason: Statutory requirement.

6. Notification of builder’s details

Reason: Statutory requirement.

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

7. Long service levy

Reason: Statutory requirement.

8. Builder’s indemnity insurance

Reason: Statutory requirement.

9. Excavation for services

Note: A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason: To ensure the protection of trees.

10. Screen planting plan

A plan detailing screen planting of the extension in the proposed garden bed located along the rear south-western boundary shall be submitted to the Principal Certifying Authority and approved by a Landscape Architect or qualified Landscape Designer prior to release of the Construction Certificate. The plan shall incorporate species of type suitable for the site conditions and location on site, of 25L size capable of attaining a height of
3 metres and be maintained at a height of 3 metres.

Reason: To ensure adequate landscaping of the site.

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

11. Infrastructure restorations fee

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

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.

e) In this condition:

Reason: To maintain public infrastructure.

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

12. Road opening permit

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

13. Prescribed conditions

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

Reason: Statutory requirement.

14. Hours of work

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.

15. Approved plans to be on site

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

16. Statement of compliance with Australian Standards

Reason: To ensure compliance with the Australian Standards.

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

· 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