Agenda of Ordinary Meeting of Council

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 13 December 2011

Present:

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

Councillors S Holland & E Malicki (Comenarra Ward)

Councillors E Keays & C Szatow (Gordon Ward)

Councillor R Duncombe (Roseville Ward)

Councillors T Hall & C Hardwick (St Ives Ward)

Councillors I Cross & D McDonald (Wahroonga Ward)

Staff Present:

Acting General Manager (Greg Piconi)

Acting Director Corporate (John Giovinazzo)

Manager Finance (Tino Caltabiano)

Director Development & Regulation (Michael Miocic)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7.00pm

The Mayor offered the Prayer

Apologies

File: S02194

NOTE: Both the General Manager, John McKee and Director Corporate, John Clark tendered apologies for non-attendance.

DECLARATIONS OF INTEREST

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

Councillor Duncan McDonald advised that he and members of his family (father and sons) attended Knox Grammar School as students and it is his understanding that he has no Conflict of Interest with items on the Agenda to be discussed and there is no need for him to leave during debate of the items.

The Mayor, Councillor Jennifer Anderson declared a less than significant non-pecuniary interest in relation to GB.3 - CSIRO Land at 51 Bradfield Road, West Lindfield - KU Bradfield Park Childcare Centre (was the former President of the Kindergarten Management Committee but have no current involvement).

The Mayor also declared a less than significant non-pecuniary of interest in GB.13 - Assessment of The Glade, Wahroonga to House Athletic Facilities (one of her daughters attended Abbotsleigh but has left school) and has no current involvement and will therefore remain to debate on Items GB.3 and GB.13. However, in relation to GB.15 - Planning Proposal - Amendment to KPSO Suspension of Covenants Clause, declared that as the letter from the Department of Planning contained within the report specifically refers to the High Court decision of a case involving Dalcross Properties in Killara which owns the land immediately next door to her family home, she has a conflict so will remove herself from the Chamber during debate due to a potential pecuniary interest and also declared a potential pecuniary interest in relation to NM.1 - Council's Notification Development Control Plan (DCP 56) and advised that it relates partly to heritage items and as her family home is heritage-listed, she will leave the Chamber during debate of the item.

422

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499

Resolved:

(Moved: Councillors Keays/Duncombe)

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

C.1 Open Space Acquisition - Lindfield

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

GB.1 East Roseville Bowling Club - Lease to Club

Attachment 1: Matthews Folbigg Legal Advice dated 4 November 2011

Attachment 4: Matthews Folbigg Legal Advice dated 1 December 2011

GB.3 CSIRO Land at 51 Bradfield Road, West Lindfield - KU Bradfield Park Childcare Centre

Attachment 6: Legal Advice dated 22 January 2011

Attachment 8: KU's e-mail dated 29 November 2011 and Diary Note of telephone conversation on 2 December 2011

GB.7 Central Facilities and Events Bookings Management System Tender

Attachment 1: Tender Evaluation for Facilities and Events Bookings Management System

Attachment 2: Zipporah Ltd 19646 - Financial Assessment Report from Kingsway

C.1 Open Space Acquisition - Lindfield

Attachment 1: Lindfield - Open Space Acquisition - Assessment of Park Options

Attachment 2: Lindfield - Recommendation Locations for Parks and Civic Spaces

CARRIED UNANIMOUSLY

PRESENTATION OF FINANCIAL ASSISTANCE GRANTS TO COMMUNITY GROUPS

The Mayor, on behalf of Council, welcomed and congratulated all community groups and their representatives for the outstanding work they perform for Ku-ring-gai residents throughout the area and presented cheques to the representatives present at the Ordinary Meeting of Council.

Address the Council

The following members of the public addressed Council on Item GB.5 (Minute No 448) Ku-ring-gai Philharmonic Orchestra - Sponsorship Proposal - 2012:

R Prussing

L Wilson

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:

Late Items:

Minutes of Ordinary Meeting of Council held 6 December 2011

Refer GB.19 - Investment Report as at 30 November 2011 - Report by Acting Director Corporate dated 6 December 2011

Councillors Information:

North St Ives Public School - Removal of Vegetation - Memorandum by Director Operations dated 7 December 2011 in answer to a Question Without Notice raised by Councillor Tony Hall at the Ordinary Meeting of Council held on
22 November 2011.

CONFIRMATION OF MINUTEs

423

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 6 December 2011

Minutes numbered 405 to 421

Resolved:

(Moved: Councillors Keays/McDonald)

That Minutes numbered 405 to 421 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

424

Gift of Items for Local History Collection

File: S02565

Vide: MM.1

The following member of the public addressed Council:

S Doyle

I would like to inform Councillors of a recent gift to Council of three items that will become a valued part of our Local History Collection.

The gifts were recently presented to me by Stuart Doyle, formerly Council's Protocol Officer, who commenced his employment at Ku-ring-gai Council in 1947 and retired in 1984, after 37 years service to our community.

Stuart has taken a very keen interest in Council’s history and our Local History Collection, which is available for public viewing at Gordon Library.

The first item Stuart has given to Council is the actual bible used at the swearing in ceremony of the Provisional Municipal Council on 2 November 1928 when the shire of Ku-ring-gai was re-constituted as a municipality.

The Bible is signed by the then Town Clerk, Arthur Havelock Hirst, and the eleven aldermen present at the time: George Christie (Mayor), William Henry Read (Deputy Mayor), Fred Chilton, Christopher Bowes Thistlethwayte, Arie Johannes Kryn Dorsman, Herbert Edgar McIntosh, Walter Cresswell O'Reilly, Audley Hubert Brennan, Montague Ernest Daniel Selby, Stephen Percy Mayor Cowley, and James William Davies.

Stuart also gave me two medallions. The first was to commemorate Her Majesty the Queen’s visit to NSW in 1954. Council struck 10,000 of the medallions and presented them to school children throughout Ku-ring-gai.

The other medallion commemorates the 1906 to 1956 Jubilee marking the first
50 years of Ku-ring-gai Council.

As one of the oldest Councils in Sydney, we value our history and these items will be a very welcome addition to our Local History Collection.

I would like to publicly thank Stuart Doyle for his kind donation of these three historical items.

Resolved:

A. That the Mayor write to Stuart Doyle thanking him for his donation to Council of the three historical items.

B. That the items be included in Council’s Local History Collection at Gordon Library.

CARRIED UNANIMOUSLY

Recommendations from Committee

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/3

Vide: RC.1

Meeting held 1 December 2011

Minutes numbered KTC17 to KTC19

The following member of the public addressed Council on a Ku-ring-gai Traffic Committee matter:

H Willis

425

General Matter Items under Delegated Authority

File: S02738

Vide Minute No KTC17

Advice on matters considered under Delegated Authority.

Resolved:

(Moved: Councillors Malicki/Duncombe)

That the information regarding traffic facilities approved during October and November 2011 be noted.

CARRIED UNANIMOUSLY

426

Meeting Dates 2012

File: CY00022/3

Vide Minute No KTC18

To determine the Ku-ring-gai Traffic Committee meeting dates for 2012.

Resolved:

(Moved: Councillors Malicki/Duncombe)

That the Ku-ring-gai Traffic Committee meetings in 2012 be scheduled for the dates shown below:

23 February

22 March

19 April

24 May

21 June

19 July

23 August

20 September

25 October

22 November

CARRIED UNANIMOUSLY

427

Pibrac Avenue, Warrawee

File: TM12/03

Ward: Wahroonga

Electorate: Davidson

Vide Minute No KTC19

To consider existing parking restrictions in Pibrac Avenue , Warrawee.

Resolved:

(Moved: Councillors Malicki/Duncombe)

A. That the strong resident agreement to the overall parking arrangements in Pibrac Avenue be noted.

B. That the existing parking restrictions in Pibrac Avenue remain unaltered but that road safety in the street continue to be monitored.

C. That residents of Pibrac Avenue be informed of Council’s decision.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

428

Assessment of The Glade, Wahroonga to house athletic facilities

File: S02670

Vide: GB.13

For Council to consider the results of the Preliminary Site Assessment investigating the option to locate athletic facilities at The Glade, Wahroonga.

Resolved:

(Moved: Councillors Szatow/McDonald)

That consideration of the results of the Preliminary Site Assessment investigating the option to locate athletic facilities at The Glade, Wahroonga be deferred pending a site inspection.

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

Against the Resolution: Councillors Hardwick, Holland, Malicki and Hall

429

CSIRO Land at 51 Bradfield Road, West Lindfield - KU Bradfield Park Childcare Centre

File: S07457

Vide: GB.3

To update Council on progress to maintain current childcare services at
51 to 53 Bradfield Road, Lindfield, following CSIRO’s decision to dispose their part of the site at 51 Bradfield Road Lindfield.

Resolved:

(Moved: Councillors Szatow/McDonald)

A. That Council not purchase for market value at $900,000 CSIRO’s lot at
51 Bradfield Road, Lindfield, and formally advise CSIRO of this resolution.

B. That Council continue to pursue from the Federal Minister for Innovation, Industry, Science and Research Minister and other State and Federal Members to request a concessional sale to Council of CSIRO’s land for community purposes.

C. That Council officers further investigate the site options, demand for childcare services and costs for an alternate childcare facility on Community Land in the Lindfield area.

D. That Council continue to hold over under the expired lease with CSIRO until
31 January 2012.

E. That Council enter into a conjunctional Property Disposal Agreement with CSIRO to sell 51 to 53 Bradfield Road, Lindfield in two years time pending the reclassification of Council’s Lot at 53 Bradfield Road, Lindfield from Community to Operational Land.

F. That Council enter into a two year lease and sub-lease with KU Children’s Services and give public notice for the lease of 53 Bradfield Road, Lindfield in accordance with section 47 of the Local Government Act.

G. That Council enter into a two year lease with CSIRO of CSIRO’s land at
51 Bradfield Road, Lindfield.

H. That under their delegated powers, the Mayor and General Manager affix Council’s Seal and sign and execute the lease documentation.

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

CARRIED UNANIMOUSLY

430

Central Facilities and Events Bookings Management System Tender

File: S08794

Vide: GB.7

To report on the results of the open tender for the supply and implementation of a central Facilities and Event Bookings Management System and to seek approval to accept the tender from the preferred tenderer.

Resolved:

(Moved: Councillors Szatow/Hall)

A. That Council accept the tender from Zipporah Ltd for the supply and implementation of a centralised facilities and events bookings system.

B. That the execution of all documents relating to the tender be delegated to the Mayor and General Manager.

C. That the Common Seal be affixed to any necessary documents.

CARRIED UNANIMOUSLY

431

27 to 29 Tryon Road, Lindfield - Alterations and Additions, Landscaping and Boundary Adjustment to an Existing Aged Care Facility

File: DA0491/11

Vide: GB.8

To determine DA0491/11, which proposes alterations and additions, landscaping and boundary adjustment to an existing aged care facility.

Resolved:

(Moved: Councillors Szatow/Hall)

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

A. That Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No.1 – Development Standards to Clause 48(c) – landscaped area of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 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 Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No.1 – Development Standards to Clause 25H(3-a) – minimum lot sizes 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

C. That Council, as the consent authority, being satisfied that the objections under SEPP1 are well founded and also being of the opinion that the granting of consent to DA0491/11 is consistent with the aims of the Policy, grant development consent to DA0491/11 for alterations and additions, landscaping and a boundary adjustment to an existing aged care facility on land at 27-29 Tryon Road, Lindfield 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
DA0010 Issue C	Integrated Design Group	18/11/11
DA1002 Issue N	Integrated Design Group	21/11/11
DA2100 Issue A	Integrated Design Group	18/11/11
DA9301 Issue A	Integrated Design Group	18/11/11
DA0011 Issue B	Integrated Design Group	29/08/11
DA0100 Issue E	Integrated Design Group	29/08/11
DA1000 Issue E	Integrated Design Group	29/08/11
DA1001 Issue E	Integrated Design Group	29/08/11
DA1003 Issue K	Integrated Design Group	29/08/11
DA2000 Issue G	Integrated Design Group	29/08/11
DA2001 Issue G	Integrated Design Group	29/08/11
DA3000 Issue G	Integrated Design Group	29/08/11
DA9601 Issue A	Integrated Design Group	29/08/11
C1.01 Rev 3	Northrop	16.11.11
C1.04 Rev 3	Northrop	16.11.11
C3.01 Rev 3	Northrop	16.11.11
C3.02 Rev 3	Northrop	16.11.11
Plan of subdivision of Lot 1 and 2 DP548814	Paul Cechellero	16/11/2011
L01/1-R16517	Michael Siu Landscape Architects	15.11.11

Document(s)	Dated
BCA Assessment Report – Whitehall Nursing Home, 27 Tryon Road, Lindfield prepared by Blackett Maguire + Goldsmith	8 November 2011
Review of DA Documentation for Compliance of Access for People with a Disability – Access Associates Sydney	August 2011

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

2. Inconsistency between documents

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

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

3. No demolition of extra fabric

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

Reason: To ensure compliance with the development consent.

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

4. Road opening permit

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

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

5. Notice of commencement

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

Reason: Statutory requirement.

6. Notification of builder’s details

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

Reason: Statutory requirement.

7. Dilapidation survey and report (public infrastructure)

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

Public infrastructure

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

· All driveway crossings and laybacks opposite the subject site.

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

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

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

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

8. 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

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

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

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

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

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

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

· Demolition

· Excavation

· Concrete pour

· Construction of vehicular crossing and reinstatement of footpath

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

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

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

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

10. Work zone

A Works Zone is to be provided in Tryon Road subject to the approval of the Ku-ring-gai Local Traffic Committee.

No loading or unloading must be undertaken from the public road or nature strip unless within a Works Zone which has been approved and paid for.

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

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

11. Erosion and drainage management

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

Reason: To preserve and enhance the natural environment.

12. Tree protection fencing

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

Schedule
Tree/Location	Radius in metres
Tree 1 – Liquidambar styraciflua (Liquidambar) / Northern (front) corner	5.5 metres
Cupressus species (Cypress) / South western side boundary	2 metres

Reason: To protect existing trees during the construction phase.

13. 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.

14. 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.

15. Trunk protection

To preserve the following tree/s, no work shall commence until the trunk/s are protected by the placement of 2.0 metres lengths of 50 x 100mm hardwood timbers spaced at 150mm centres and secured by 2mm wire at 300mm wide spacing over suitable protective padding material. The trunk protection shall be maintained intact until the completion of all work on site.

Any damage to the tree/s shall be treated immediately by an experienced Horticulturist/Arborist, with minimum qualification of Horticulture Certificate or Tree Surgery Certificate and a report detailing the works carried out shall be submitted to the Principal Certifying Authority:

Schedule

Tree/Location

Phoenix canariensis (Canary Island Palm)

/ Southern (rear) corner

Reason: To protect existing trees during the construction phase.

16. Tree fencing inspection

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

Reason: To protect existing trees during the construction phase.

17. 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:

18. Boundary adjustment

Prior to the issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the boundary adjustment has been registered at the Department of Lands.

Reason: So that works are not carried out across the property boundary.

19. Parking space dimensions

Prior to issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the visitor parking spaces have been increased in width to 2.6 metres, as required for Class 3 users under AS2890.1:2004 Off street car parking, and that the three parallel staff spaces have been increased to 5.9 metres and 6.2 metres length as shown in Figure 2.5 of AS2890.1:2004. The landscape bed adjacent to the new boundary line is not to be reduced to less than 500mm width as a result.

Reason: To ensure adequate vehicular access for visitors and staff.

20. Amendments to stormwater plan

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

Plan no.	Drawn by	Dated
C3.01 Rev 3	Northrop	16/11/11

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

· The plan shall be amended to reflect the changes to the paved and filled areas adjacent to Tree 1 – Liquidambar styraciflua (Liquidambar) in accordance with the approved ground floor plan.

· To preserve Tree 1 – Liquidambar styraciflua (Liquidambar) the 150mm diameter stormwater pipe between the rainwater tank and the northern (front) boundary shall be relocated a minimum distance of 7 metres from the tree’s trunk.

Reason: To protect existing trees.

21. Amendments to approved landscape plan

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

Plan no.	Drawn by	Dated
L01/1-R16517 Rev A	Michael Siu	15/11/11

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

· The plan shall be amended to reflect the changes to the paved and filled areas adjacent to Tree 1 – Liquidambar styraciflua (Liquidambar) in accordance with the approved ground floor plan.

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

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

Reason: To ensure adequate landscaping of the site

22. Amendments to approved engineering plans

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

Plan no.	Drawn by	Dated
11025 C3.02 Revision 1	Northrop	16.11.11

The above engineering plan(s) shall be amended as follows:

Roof drainage from the existing building to be retained is to be shown.

The above amendments are required to ensure compliance with the following:

· Australian Standard 2890.1 - “Off-street car parking”.

· Ku-ring-gai Council Water Management Development Control Plan 47.

Note: An amended engineering plan, prepared by a qualified engineer shall be submitted to the Certifying Authority.

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

23. 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.

24. Builder’s indemnity insurance

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

It is the responsibility of the applicant, builder or developer to arrange the builder's indemnity insurance for residential building work over the value of $12,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $12,000, nor to work undertaken by persons holding an owner/builder's permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).

Reason: Statutory requirement.

25. Access for people with disabilities (commercial)

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

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

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

26. Stormwater management plan

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scale construction plans and specifications in relation to the stormwater management and disposal system for the development. The plan(s) must be based on Northrop Drawings 11025 C1.01, C1.04, C3.01, all Revision 3 and C3.02, Revision 1 and must include the following detail:

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

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

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

· specifications for reticulated pumping facilities (including pump type and manufacturer specifications) and ancillary plumbing to fully utilise rainwater .

· downpipes and piped drainage for existing roof areas.

· Details of the outlet from the grated pit in the northern corner of the site, including its accurate route through the adjoining proposed Lot 12 if it extends into that lot.

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

Reason: To protect the environment.

27. Excavation for services

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

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

Reason: To ensure the protection of trees.

28. 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.

29. Design of works in public road (Roads Act approval)

Prior to issue of the Construction Certificate, the Certifying Authority shall be satisfied that engineering plans and specifications prepared by a qualified consulting engineer have been approved by Council’s Development Engineer. The plans to be assessed must be to a detail suitable for construction issue purposes and must detail the following infrastructure works required in Tryon Lane:

· kerb and gutter along the entire site frontage, including laybacks where required for access to parking areas.

Development consent does not give approval to these works in the road reserve. The applicant must obtain a separate approval under sections 138 and 139 of The Roads Act 1993 for the works in the road reserve required as part of the development. The Construction Certificate must not be issued, and these works must not proceed until Council has issued a formal written approval under the Roads Act 1993.

The required plans and specifications are to be designed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Roads Act approval issued by Council.

A minimum of three (3) weeks will be required for Council to assess the Roads Act application. Early submission of the Roads Act application is recommended to avoid delays in obtaining a Construction Certificate. An engineering assessment and inspection fee (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.

Reason: To ensure that the plans are suitable for construction purposes.

30. Design and construction of food preparation area

Plans and specifications complying with the requirements of the Food Act and Regulations, Australian Standard AS 4674 2004, AS 1668 Parts 1 and 2 shall be submitted to and approved by the Principal Certifying Authority prior to the issue of the Construction Certificate. Plans and specifications shall address the following:

· floor plans, showing the layout of the fixtures and fittings and food storage areas;

· elevations and sections showing floor, wall and ceiling construction and finishes

· elevations and sections showing the installation of fixtures and fittings

· cool room/freezer construction (if applicable)

· external garbage storage area

· external grease trap area

· mechanical exhaust ventilation systems (if applicable)

Reason: To ensure compliance with standards for food premises.

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

31. Infrastructure restorations fee

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

a) All work or activity taken in furtherance of the development the subject of this approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

b) The applicant, builder, developer or any person acting in reliance on this approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.

c) The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

d) In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.

e) In this condition:

“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and

“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.

Reason: To maintain public infrastructure.

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

32. 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.

33. Hours of work

Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.

Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.

Where it is necessary for works to occur outside of these hours (ie) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RTA from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Note: Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.

Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.

34. 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.

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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.

43. 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.

44. Maintenance period for works in public road

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

Reason: To protect public infrastructure.

45. Road reserve safety

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

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

46. Services

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

Reason: Provision of utility services.

47. Drainage to street

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

Reason: To protect the environment.

48. Sydney Water Section 73 Compliance certificate

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

Reason: Statutory requirement.

49. Arborist’s report

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

Schedule

Tree/Location

Time of inspection

Tree 1 – Liquidambar styraciflua (Liquidambar)

/ Northern (front) corner

During earthworks & construction for the stormwater and paving works

Reason: To ensure protection of existing trees.

50. Canopy/root pruning

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

Tree/Location

Tree 1 – Liquidambar styraciflua (Liquidambar)

/ Northern (front) corner

Reason: To protect the environment.

51. Treatment of tree roots

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

Reason: To protect existing trees.

52. Cutting of tree roots

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

Schedule

Tree/Location

Radius from trunk

Tree 1 – Liquidambar styraciflua (Liquidambar)

/ Northern (front) corner

8 metres (excluding the footprint of the rainwater tank)

Reason: To protect existing trees.

53. Approved tree works

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

Schedule

Tree/Location

Approved tree works

2 x Chamaecyparis obtusa 'Crippsii' (Golden Cripps Cypress)

/ North-western (front) boundary

Remove

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.

54. 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.

55. 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.

56. 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:

57. Construction of food preparation areas

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that food preparation and storage areas associated with the aged care facility are constructed in accordance with the requirements of the Food Act and Regulations and Australian Standard AS 4674 2004.

Reason: To ensure compliance with standards for food premises.

58. Building Code of Australia certification

Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the upgrading works contained within the Building Code of Australia (BCA) Report from Blackett Maguire + Goldsmith, dated 8 November 2011 are to be certified as completed by a suitable qualified person prior to the issue of the Occupation Certificate.

Reason: To ensure compliance with the BCA

59. Mechanical ventilation

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

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

· The Building Code of Australia

· Australian Standard AS1668

· Australian Standard AS3666 where applicable

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

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

Reason: To protect the amenity of surrounding properties.

60. 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.

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

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

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

· retained water is connected and available for use

· all grates potentially accessible by children are secured

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

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

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

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

Reason: To protect the environment.

62. Certification of as-constructed driveway/carpark

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

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

· the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 – 2004 “Off-Street car parking" in terms of minimum parking space dimensions (Visitor spaces are User Class 3)

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

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

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

63. Reinstatement of redundant crossings and completion of infrastructure works

Prior to issue of the Occupation Certificate, and upon completion of all works on site which may cause damage to Council's infrastructure, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:

· new concrete driveway crossings 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.

64. Construction of works in public road – approved plans

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Council Roads Act approval and accompanying drawings, conditions and specifications.

The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council.

The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved stamped drawings. The works must be subject to inspections by Council at the hold points noted on the Roads Act approval. All conditions attached to the approved drawings for these works must be met prior to the Occupation Certificate being issued.

Reason: To ensure that works undertaken in the road reserve are to the satisfaction of Council.

65. Fire safety certificate

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

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

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

66. Restriction on land title – seniors living development

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

· people 55 or over or people who have a disability

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

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

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

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

67. Sydney Water Section 73 Compliance Certificate

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

Reason: Statutory requirement.

68. Submission of 88b instrument

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

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

69. Submission of plans of subdivision (Torrens Title)

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

a) the endorsement fee current at the time of lodgment

b) the 88B instrument plus 6 copies

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

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

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

Reason: Statutory requirement.

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

Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision. If there is an existing stormwater pipe through Lot 12, an easement is to be created over it to benefit Lot 11. Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required, then proof to this effect must be submitted to the Principal Certifying Authority.

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

Conditions to be satisfied at all times:

71. Tryon Lane gates

The gates to the ambulance parking space and the visitor parking area are to remain open during visiting hours.

Reason: To provide ready vehicular access to these areas and maintain traffic flow in Tryon Lane.

72. 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.

73. Noise control – plant and machinery

All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.

Reason: To protect the amenity of surrounding residents.

74. Loading and unloading

At all times, all loading and unloading of service vehicles in connection with the use of the premises shall be carried out wholly within the site.

Reason: To ensure safe traffic movement.

CARRIED UNANIMOUSLY

432

36 Northcote Road, Lindfield - Proposed Swimming Pool, Landscaping and Carport

File: DA0412/11

Vide: GB.9

Proposed swimming pool, landscaping and carport

Resolved:

(Moved: Councillors Szatow/Hall)

A. That the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to clause 60C of the Ku-ring-gai Planning Scheme Ordinance in respect of the built upon area development standard is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstance 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 being of the opinion that the granting of consent to DA0412/11 is consistent with the aims of the Policy, grant development consent to DA0412/11 for construction of a swimming pool, landscaping works and a carport on land at 36 Northcote Road, Lindfield, 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

Site Analysis JB 11-286/1

Plan and Sectional Elevation JB 11-286/2

Sectional Elevations JB 11-286/3

Carport plan & Elevations JB 11-286/4

Carport Elevations JB 11-286/5

Premier Pools

11 July 2011

5 July 2011

Landscape Plan JB 11-286/6

Site Design Landscape Architects

11 July 2011

Document(s)	Dated
Arboricultural Impact Report Issue A prepared by Landscape Matrix Pty Ltd	7 August 2011
Basic certificate No. A119907	8 August 2011
Bush fire risk assessment and certification, FPA Australia	20 July 2011

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

2. Inconsistency between documents

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

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

3. No demolition of extra fabric

Reason: To ensure compliance with the development consent.

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

4. Road opening permit

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

5. Notice of commencement

Reason: Statutory requirement.

6. Notification of builder’s details

Reason: Statutory requirement.

7. Tree protection fencing

Schedule
No/Tree/Location	Radius in metres
T6/Banksia integrifolia (Coastal Banksia/Close to the western edge of the swimming pool site	2.65 metres

Reason: To protect existing trees during the construction phase.

8. Tree protective fencing type galvanised mesh

Reason: To protect existing trees during construction phase.

9. Tree protection signage

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.

10. Tree fencing inspection

Reason: To protect existing trees during the construction phase.

11. 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:

12. Bush fire risk assessment (landscape plan certification)

The landscape plan shall be reviewed by a suitably qualified bushfire consultant and amended as necessary to demonstrate compliance with the asset protection zone recommendations, prior to the release of the Construction Certificate. Where vegetation is required to be removed to achieve compliance with the asset protection zone, specific details shall be provided to the Principle Certifying Authority clearly identifying the extent of necessary vegetation removal or pruning.

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

13. Amendments to approved landscape plan

Plan no.	Drawn by	Dated
JB 11-286	Site Design Landscape Architects	11 July 2011

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

· At least 80% of the tree and shrub plantings shall be locally occurring native species selected from the Sydney Turpentine Ironbark Forest Endangered Ecological Community final determination species list in accordance with 4.3.9 - Biodiversity - of Council’s Development Control Plan No. 38.

· The site is to support a minimum number of 3 canopy replenishment trees that shall attain at least 13 metres height at the site in accordance with 4.3.6 - Tree Replenishment - of Council’s Development Control Plan No. 38. Two (2) canopy trees must be provided withing the front setback of the site. At least 80% of these trees shall be locally occurring native species selected from the Sydney Turpentine Ironbark Forest Endangered Ecological Community final determination species list.

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

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

Reason: To ensure adequate landscaping of the site

14. Long service levy

Reason: Statutory requirement.

15. Builder’s indemnity insurance

Reason: Statutory requirement.

16. 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.

17. Paving near trees

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that paving works within the specified radius of the trunk/s of the following tree/s will be of a type and construction to ensure that existing water infiltration and gaseous exchange to the tree/s root system is maintained:

Schedule
No/Tree/Location	Radius from trunk
T1/Eucalyptus pilularis (Blackbutt)/Within the access handle of No 36A Northcote Road	13.55 metres

Note: Details of the paving prepared by a suitably qualified professional shall be submitted to the Principal Certifying Authority.

Reason: To protect existing trees.

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.

19. Bush fire risk certification

Bush fire protection measures shall be carried out in accordance with the following bush fire risk assessment, report and certificate, listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Document title	Prepared by	Dated
Lot B DP 306778, 36 Northcote Road, Lindfield NSW 2070	FPA Australia	20 July 2011

Prior to the issue of the construction certificate, the principal certifying authority must be satisfied that the construction certificate is in accordance with the recommendations of the report and certificate as listed above.

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

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

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

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