Present:

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

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors D Citer & C Szatow (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Corporate Communications (Virginia Leafe)

Manager Urban & Heritage Planning (Antony Fabbro)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Lisa Hopkin)

380

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/7

Resolved:

(Moved: Councillors Szatow/ Berlioz)

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

GB.12      St Ives Shopping Village

Attachment 2:   Sparke Helmore legal advice dated 9 July 2013

GB.13      910 Pacific Highway, Gordon - Public Car Park

Attachment 3:   Corporeal Valuation - 904-914 Pacific Highway, Gordon

Attachment 4:   Lease Financials - 910 Pacific Highway

GB.19      Lindfield Village Green - Tryon Road - Project Update

Attachment 3:   Lindfield Village Green - Road Closure Process – Legal Advice

CARRIED UNANIMOUSLY

Late Items:

Refer MM.3 – Excellence in the Environment Awards and Institute of Landscape Architects Awards

Refer GB.14 – 828 Pacific Highway, Gordon – Design, Refurbishment and Fit-out – Select Tender – Memorandum from Director Strategy and Environment dated 9 December 2013 advising of a correction on page 242 of Business Paper No 21/13, Book 2, in relation to a company not identified on the list because the parent company submitted the Expression of Interest on Tenderlink.

Refer GB.15 - Consideration of Submissions – Draft
Ku-ring-gai Bushland Reserves Plan of Management - Memorandum from Director Strategy and Environment with two Late Submissions to Councillors and Directors ONLY.

Refer NM.2 – Naming of Community Centre and Sportsfield at former UTS site Lindfield – Memorandum from Manager Records and Governance dated 9 December 2013 advising that due to an administrative oversight, the Notice of Rescission omitted a follow-up motion if the rescission motion was to be successful.  Attached also to the memorandum was an amended Notice of Rescission.

Refer NM.2 – Naming of Community Centre and Sportsfield at former UTS site Lindfield – Additional information in relation to Background Information to the Rescission Motion that was omitted from Business Paper No 21/13.

Memorandums:

Refer GB12 – St Ives Shopping Village – Memorandum from Manager Urban and Heritage Planning dated 10 December 2013 advising Councillors of clarification and a revised recommendation.

381

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 26 November 2013

Minutes numbered 357 to 379

Resolved:

(Moved: Councillors Berlioz/McDonald)

That Minutes numbered 357 to 379 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

382

VALE Eric Ralphs

File: CY00455

Vide: MM.1

On behalf of Ku-ring-gai Council I would like to pay tribute to the life of Eric Ralphs, who sadly passed away on Tuesday 24 September  2013, aged 76.

Eric was born at North Shore hospital in 1937 and spent his early years living in “The Gums”, Catalpa Crescent, Turramurra. His parents were both migrants from England and Eric was the eldest of six children.  He went to kindy at St Pauls Church in Wahroonga and in 1943 he attended Warrawee Public School.

In 1947 the family moved to Carcoar.  Eric moved back to Sydney in 1954 to work as an engineering cadet with the Metropolitan Water Board.

Eric started his army career with National Service in 1956 - it was through the army reserve that he met his wife Patricia and they were married in 1963. They had two children, David and Fiona.

Eric left the Water Board and went to work as an engineer at Mosman Council in 1960. Then, on 6 December  1976, he started his career at Ku-ring-gai Council as the Investigations Engineer. 

Highlights of his long and illustrious career include:

·        The Freedom of Entry to the 17th Battalion Royal New South Wales Regiment, to mark the Council’s golden jubilee as a municipality in 1978.

·        His appointment as liaison officer for Ku-ring-gai SES from 1983.

·        In 1988 Eric was appointed Local Emergency Management Officer which was his position during the notorious storm of 1991 – a storm so ferocious there were hail stones the size of tennis balls!

·        In 2000 he took long service leave to work as Tournament Director for  Hockey at the Sydney Olympics.

Eric finished at the Council on 22nd January 2001.  This was the 10th anniversary of the big storm – a memorable day to leave.

Eric had a long military career including National Service and he received several awards including:

·      the Reserve Force Decoration with two bars

·      the Australian Active Service Medal

·      the Vietnam Logistic and Support Medal.

·      the Australian Efficiency Decoration

·      the Australian Defence Medal and the Anniversary of National Service medal. He also won the Australian Sports Medal.

To say Eric was active in retirement is an understatement!  He spent his days travelling, playing bridge, joining several committees such as the Forestville RSL, University of NSW Regimental Association, the Sapper’s Association, Reserve Forces Day Council.

Eric was also a board member of Hockey NSW, volunteered as a tour guide at the National Artillery Museum at North Head, as well as being a keen cricket fan, family history researcher and a very involved grandfather to Sarah.

On behalf of Ku-ring-gai Council, I would like to pay tribute to Eric Ralph’s life and send our sincere condolences to his family.

Resolved:

A.      That the Mayoral Minute be received and noted.

B.      That we stand for a minute’s silence to honour Eric Ralphs.

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

CARRIED UNANIMOUSLY

383

VALE Peter Wem

File: CY00455

Vide: MM.2

On behalf of Ku-ring-gai Council I would like to pay tribute to the life of Peter Wem who tragically died in a horrific traffic accident on Tuesday, 1 October  2013, aged 73.

Formerly of Middlesbrough, England, Peter has been described as a life loving person who would do anything for his family and friends.

Peter was a registered bush care volunteer from Feb 2000 and was very active, looking after the bushland near his home in Hartley Close, Turramurra.

He was also on the Bushland Advisory Committee at Ku-ring-gai Council in the late 1990s early 2000s when he worked for DLWC. He was also very active in the local Scouts.

Peter left behind his wife Margaret, siblings Olga and Jim, sons Andrew, Graeme and Owen. He was also the proud grandfather of five grandchildren who must be missing him dreadfully. 

On behalf of Ku-ring-gai Council I would like to pay tribute to Peter Wem’s life and send our sincere condolences to his family.

Resolved:

A.       That the Mayoral Minute be received and noted.

B.       That we stand for a minute’s silence to honour Peter Wem.

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

CARRIED UNANIMOUSLY

384

Excellence in the Environment Awards and Institute of Landscape Architects Awards

File: S09780

Vide: MM.3

Ku-ring-gai Council received a number of significant accolades this week.

On 3rd December Local Government NSW held its annual Excellence in the Environment Awards recognising outstanding achievements by local government in managing and protecting the environment. Council was successful in Division C – Climate Change Action Awards for its Building Climate Wise Communities project. The project then took out the Overall Winner for 2012/2013.

The Climate Wise Communities Program focusses on fostering shared responsibility, integrating with Council’s Emergency Management Plan and collaborating with emergency management agencies.

Council also developed a multi-hazard assessment tool that means residents can review their vulnerability to severe weather events at a personal, property and neighbourhood level.  This tool helps people determine what action needs to be taken in case of bush fire, storms, heat stress and drought.  

On 5th December the Australian Institute of Landscape Architects NSW (AILA) held its Awards in Landscape Architecture. Council took out the Research and Communication category with 'Thinking Outside The Box' Key Design Elements for Apartments in
Ku-ring-gai’ and the Planning category for the ‘Ku-ring-gai Open Space Acquisition Program’.

The Open Space Acquisition Program in particular builds on years of policy development, contributions planning, site identification and acquisition and ultimately design and construction involving staff from across Council as well as Council and the community.

OSAP provides much needed parkland to the community. Ku-ring-gai Council has been acquiring land at an unprecedented rate, spending $33.4 million on acquiring 14,700 m² of land for new parks and civic spaces in Gordon, Killara, Turramurra, St Ives and Wahroonga since 2007.

Once complete, OSAP will deliver 10 new local parks and civic spaces within close proximity to high density residential areas in Ku-ring-gai.

The other AILA award for Research and Communication was for ‘Thinking outside the Box’: Key Design Elements for Apartments in Ku-ring-gai.

To improve residential apartment building design outcomes in Ku-ring-gai, Council created an impressive publication, ‘Thinking Outside The Box’, published in 2011. The booklet highlights examples of well-designed local buildings and provides advice on how good design principles can be applied.

Thinking Outside the Box promotes awareness of well-designed buildings in Ku-ring-gai that are responsive to community expectations and landscape character. It also aims to improve the standard of site planning and design by showcasing a range of good local examples in a landscape setting.

In some cases these awards reflect many years of ground breaking work by staff and are a credit to Council.

Resolved:

A.      That Council receive and note the Mayoral Minute.

B.     That the General Manager convey Council’s congratulations to staff for these outstanding achievements.

CARRIED UNANIMOUSLY

385

Petition to Implement Effective Means to Curtail Dangerous Speeding along Park Avenue, Roseville – (One Hundred and Three [103] Signatures

File: TM8/05

Vide: PT.1

The following Petition was presented by Councillor David Armstrong:

“We, the undersigned residents, here by submit a petition to Ku-ring-gai Council for the implementation of an effective means to curtail the proven prevalence of excessive and dangerous speeding along Park Avenue, Roseville.

We believe that the painting of line markings will NOT resolve the current speeding issue.

The speeding issue is largely to do with accessing Babbage Road from Archbold Road.  The topography of Park Avenue - unlike surrounding streets - makes speeding highly dangerous.  A line down the centre of the street will only embolden drivers to speed more so in the knowing that any unsighted oncoming traffic will now be keeping to its side of the road.

We demand that an alternative be implemented as soon as possible and we request that you ensure that your staff continue to work toward finding a n effective means to curtail this situation which poses a danger to all residents, pedestrians and drivers.”

Resolved:

(Moved: Councillors Armstrong/Szatow)

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

CARRIED UNANIMOUSLY by those present

386

Petition to STOP Culworth Avenue Car Park being SOLD for High Rise Residential Development by Council – (One Thousand, Eight Hundred and Forty-Three [1,843] Signatures)

File: S09768

Vide: PT.2

The following Petition was presented by Councillor David Citer:

“We, the undersigned, residents of Ku-ring-gai [and commuters] strongly oppose Council’s planned rezoning/reclassification of 20 to 28 Culworth Avenue.  This will result in high rise residential development within a local heritage conservation area and the loss of 204 commuter car park spaces at Killara Station within a large area of declared biologically significant open space.”

Resolved:

(Moved: Councillors Citer/Szatow)

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

CARRIED UNANIMOUSLY by those present

387

General Matter Items under Delegated Authority

File: S02738

Vide Minute No  KTC12

Advice on matters considered under Delegated Authority.

Resolved:

(Moved: Councillors Berlioz/Fornari-Orsmond)

That the information regarding traffic facilities approved during June to November 2013 be noted.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Berlioz, Citer, McDonald, Ossip, Pettett, Szatow, Malicki and Fornari-Orsmond

Against the Resolution:         Councillor Armstrong

388

Meeting Dates 2014

File: CY00022/5

Vide Minute No  KTC13

To determine Ku-ring-gai Traffic Committee meeting dates for 2014.

Resolved:

(Moved: Councillors Berlioz/Fornari-Orsmond)

That the Ku-ring-gai Traffic Committee meetings in 2014 be scheduled for the dates shown below:

20 February

20 March

17 April

22 May

19 June

24 July

21 August

18 September

23 October

20 November

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Berlioz, Citer, McDonald, Ossip, Pettett, Szatow, Malicki and Fornari-Orsmond

Against the Resolution:         Councillor Armstrong

389

Proposed Cycleway - Killara 2

File: S02777/7

Vide: Minute No KTC14

To consider a concept plan for the implementation of ‘Killara 2’ and part of ‘Killara 1’ cycleways.

Resolved:

(Moved: Councillors Berlioz/Fornari-Orsmond)

That the Killara 2 and the short section of Killara 1 cycleway be approved.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Berlioz, Citer, McDonald, Ossip, Pettett, Szatow, Malicki and Fornari-Orsmond

Against the Resolution:         Councillor Armstrong

390

Greengate Road, Killara

File: TM5/05

Vide Minute No KTC15

To consider a request from Greengate Hotel to partially close a section of Greengate Road at Pacific Highway and to implement traffic control measures on Pacific Highway on Christmas Eve 2013.

Resolved:

(Moved: Councillors Berlioz/Fornari-Orsmond)

That Council approve the temporary partial closure of Greengate Road between Pacific Highway and the eastern end of Greengate Hotel on Tuesday, 24 December 2013, subject to:

A.      Transport for NSW TMC granting approval for the closure of travel lanes and reduction of speed limit on Pacific Highway in the vicinity of Greengate Hotel for Christmas Eve 2013.

B.      The Greengate Hotel fully implementing the Roads and Maritime Services’ approved Traffic Management Plan to ensure safety of the patrons and to address the traffic impacts that may result from the proposed road closure.

C.      The eastbound section of Greengate Road between Pacific Highway and the eastern end of Greengate Hotel be closed from 3.00pm on 24 December to 1.00am on 25 December 2013, while the westbound traffic on Greengate Road will be controlled by traffic controllers from 9.00pm on 24 December and 1.00am 25 December 2013.

D.      The travel lanes on Pacific Highway be reduced and speed be limited to 40 km/h in the vicinity of Greengate Hotel from 8:00pm on Tuesday, 24 December to 1.00am on Wednesday, 25 December 2013.

E.      The closure being advertised by Council as required by Section 116 of the Roads Act 1993 and no substantial objection to the proposal which cannot be addressed, being received by the closing date of the advertising.

F.      The Applicant to inform the affected residents of the proposed road closure of Greengate Road and other detour arrangements in the area on Christmas Eve 2013.

G.      The Applicant providing and maintaining all necessary signs, barricades and all other safety equipment at its expense to properly effect the changed traffic conditions.

H.      The Applicant placing appropriate advance warning signs on Pacific Highway to warn motorists about the closure of travel lanes on Pacific Highway.

I.        The Applicant engaging RMS-accredited traffic controllers to monitor the road closure at all times and to provide vehicular access for emergency vehicles and residents if such access is required.

K.      The Greengate Hotel responds in writing to Council by Friday, 13 December 2013, regarding the acceptance of Council’s conditions for the temporary partial closure of a section of Greengate Road and traffic alterations on Pacific Highway on Christmas Eve 2013.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Berlioz, Citer, McDonald, Ossip, Pettett, Szatow, Malicki and Fornari-Orsmond

Against the Resolution:         Councillor Armstrong

391

Park Avenue, Roseville

File: TM8/05

Vide Minute No  KTC16

The following member of the public addressed Council:

G Ioia

To consider traffic conditions in Park Avenue and Earl Street, Roseville.

Resolved:

(Moved: Councillors Berlioz/Fornari-Orsmond)

A.      That in view of the excessive speeds detected in Park Avenue and Earl Street, Roseville, and the relatively low collision data for both streets, that the line marking as shown in Plan No. Park-Earl-Moore/KTC/11/13 be approved.

B.      That Police be requested to increase their presence in both Park Avenue and Earl Street during morning peak periods, in particular.

C.      That traffic speeds and road safety in Park Avenue be monitored over the next 12 months.

D.      That further investigations be undertaken regarding collision data in Park Avenue.

E.      That residents of Park Avenue who have written to Council, be informed of Council’s decision.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Berlioz, Citer, McDonald, Ossip, Pettett, Szatow, Malicki and Fornari-Orsmond

Against the Resolution:         Councillor Armstrong

392

Code of Conduct - Complaint Statistics

File: S08447

Vide: GB.1

To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – March 2013.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.    That the contents of this report be received and noted; and

B.    That the statistics contained in this report be provided to the Division of Local Government  in accordance with clause 12.2 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – March 2013.

CARRIED UNANIMOUSLY

393

Local Government NSW Tourism Conference 2014

File: S09601

Vide: GB.3

To advise Council of the Local Government NSW (LGNSW) 2014 Tourism Conference.

Resolved:

(Moved: Councillors Szatow/Pettett)

That any Councillors interested in attending the Local Government NSW 2014 Tourism Conference in the Hunter Valley from 10 to12 March advise the General Manager by 20 December 2013.

CARRIED UNANIMOUSLY

394

Licence to St Ives Football Club Inc - New Warrimoo Oval Clubhouse

File: S07489

Vide: GB.4

For Council to approve a 5 year licence to the St Ives Football Club Inc (The Club) for the new Warrimoo clubhouse facility at Warrimoo Oval, St Ives.

Resolved:

(Moved: Councillors Szatow/Ossip)

A.    That Council grant a licence to St Football Club Inc to occupy the new Warrimoo Oval Clubhouse for a period of 5 years from 1 January 2014 to 31 December 2018 under the terms of the report.

B.    That Council approve a 70% rental rebate of the market rental to St Ives Football Club Inc equating to $5,250 per annum plus GST, for the first year, with 5% increases for each successive year of the licence term.

C.    That the St Ives Football Club Inc make available the meeting room and toilet facilities for hire by Council approved community groups for a minimum of 200 hours per calendar year.

D.    That St Ives Football Club Inc hire the facility to approved community groups at the Council approved rates and charges under its sole management of activities.

E.    That St Ives Football Club Inc be permitted to keep the fees from hirers to assist with the development of the Club activities.

F.    That access to water, hot water and refrigeration utilities be made available to community groups in the hire of the facility.

G.    That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.

H.    That Council authorise the affixing of the Common Seal of Council to the Lease Agreement.

CARRIED UNANIMOUSLY

395

Analysis of Land and Environment Court Costs - 1st Quarter 2013 to 2014

File: S05273

Vide: GB.6

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2013.

Resolved:

(Moved: Councillors Szatow/McDonald)

That the analysis of Land and Environment Court costs for the year ended 30 September 2013 be received and noted.

CARRIED UNANIMOUSLY

396

Christmas/New Year Recess Delegations 2013/2014

File: CY00259/5

Vide: GB.7

To grant appropriate Delegations during the Christmas/New Year recess period for 2013/2014.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.    That the following Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2013/2014 as follows;

1.      That the Mayor (Councillor Jennifer Anderson), the Deputy Mayor (Councillor Elaine Malicki), and the General Manager (John McKee), be granted authority to exercise all powers, authorities, duties and functions of Council except those set out in Section 377 of the Local Government Act 1993 during the period 11 December 2013 to 3 February 2014, subject to the following conditions:

a.       Such powers, authorities and functions may only be exercised by unanimous agreement between the Mayor, Deputy Mayor and General Manager.

b.       Any such power, authority, duty or function shall only be exercised by the Mayor, Deputy Mayor and General Manager jointly where they are of the opinion that the exercise of any such power, authority, duty or function could not be deferred until the meeting of Council on 4 February 2014.

B.    That consultation, subject to their availability, be held with Ward Councillors on matters where they would normally be contacted, before delegation is exercised.

CARRIED UNANIMOUSLY

397

12 and 14 Cecil Street, Gordon. Retention and Modification of the Existing Heritage-listed Dwellings, Construction of a Five Storey Residential Flat Building containing 37 Apartments over Two Levels of Basement Car Parking

File: DA0094/13

Vide: GB.9

Retention and modification of the existing heritage listed dwellings and construction of a five storey residential flat building containing 37 apartments over two levels of basement car parking.

Resolved:

(Moved: Councillors Szatow/Ossip)

That Council as the consent authority grant deferred commencement development consent to DA0094/13 for partial demolition and alterations to two existing dwellings and construction of a residential flat building, basement parking and associated works on land at 12 & 14 Cecil Street, Killara for a period of two (2) years from the date of the notice of determination subject to the following conditions.

SCHEDULE A:

Drainage easement (deferred commencement)

The applicant shall submit documentary evidence that the property benefits from a drainage easement over the downstream properties as far as the public drainage system. This consent will not operate until the documentary evidence has been submitted to and approved by Council’s Development Engineer.

Reason:     To ensure that provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties.

NOTE:      The deferred commencement terms must be satisfied within 1 year of the date that development consent is granted.

SCHEDULE B:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

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

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

2. Inconsistency between documents

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

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

3. No demolition of extra fabric

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

Reason:     To ensure compliance with the development consent.

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

4. Road opening permit

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

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

5. Asbestos works

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

Reason:     To ensure public safety

6. Groundwater inflow predictions

Prior to the commencement of works on site, but after the geotechnical investigation comprising cored boreholes and groundwater monitoring:

1.       The predicted instantaneous inflow rate (expressed in litres per second) and the predicted total groundwater extraction volume (expressed in megalitres) for the defined period of construction (expressed in months) of the development shall be determined and advised to the NSW Office of Water. The treatment, management and disposal of the pumped groundwater will be subject to the approval of the appropriate regulatory authority.

2.       The predicted instantaneous inflow rate (expressed in litres per second) and the predicted total groundwater extraction volume (expressed in megalitres per year) for the long-term operation of the development shall be determined and advised to the NSW Office of Water. The treatment, management and disposal of the pumped groundwater will be subject to the approval of the appropriate regulatory authority.

Note:      The appropriate regulatory authority may be either council, Sydney Water, the NSW Environmental Protection Authority or the NSW Office of Water, depending on the quality or contamination status of the groundwater and the proposed method of disposal.

Reason:     To protect the environment.

7. Parking restrictions

Prior to the commencement of any works on the site, the applicant must install parking restrictions in Cecil Street opposite the site.  The restrictions are to apply for the duration of construction and are to comprise No Parking for school drop-off and pick-up times and 4 hour parking in between or as otherwise agreed by the Ku-ring-gai Traffic Committee.  This is to apply to the currently unrestricted zone and not the zone which is already restricted.

Reason:     Neighbour amenity and to ensure traffic flow is maintained in Cecil Street.

8. Notice of commencement

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

Reason:     Statutory requirement.

9. Notification of builder’s details

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

Reason:    Statutory requirement.

10. Dilapidation survey and report (public infrastructure)

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

Public infrastructure

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

·        All driveway crossings and laybacks opposite the subject site.

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

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

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

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

11. Dilapidation survey and report (private property)

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

Address:

·     The two heritage residences on the subject site (Nos. 12 & 14 Cecil Street)

·     10 Cecil Street, 16 Cecil Street (eastern wing only), 2-8 Bruce Avenue

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

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

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

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

12. Geotechnical report

Prior to the commencement of any bulk excavation works on site, the applicant shall submit to the Principal Certifying Authority, the results of the detailed geotechnical investigation comprising a minimum of four cored boreholes to at least 1 metre below the proposed basement level, and installation and monitoring of two piezometer standpipes. The report is to address such matters as:

·         appropriate excavation methods and techniques

·         vibration management and monitoring

·        dilapidation survey

·        support and retention of excavates faces

·        hydrogeological considerations

The recommendations of the report are to be implemented during the course of the works.

Reason:     To ensure the safety and protection of property.

13. Construction and traffic management plan

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

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

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

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

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

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

o   demolition

o   excavation

o   concrete pour

o   construction of vehicular crossing and reinstatement of footpath

o   traffic control for vehicles reversing into or out of the site

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

For traffic and pedestrian safety, no truck movements are permitted in Cecil Street during school drop-off (7.45 to 8.30am) and pick-up (2.30 to 3.45pm) periods on school days.

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

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

14. Work zone

A Works Zone is to be provided in Cecil Street prior to the commencement of works subject to the approval of the Ku-ring-gai Local Traffic Committee. 

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

In the event that the Works Zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council's Schedule of Fees and Charges for Works Zones prior to the extended period commencing.

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

15. Erosion and drainage management

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

Reason:     To preserve and enhance the natural environment.

16. Tree protection fencing

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

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

Reason :   To protect existing trees during construction phase

17. Tree protection fencing excluding structure

To preserve the following tree/s, no work shall commence until the area beneath their canopy excluding that area of the approved (driveway to House 2, driveway to basement of flat building, flat building) shall be fenced off for the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area.  The fence/s shall be maintained intact until the completion of all demolition/building work on site:

Reason:    To protect existing trees during the construction phase.

18. Tree protection signage

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

Tree protection zone.

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

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

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

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

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

Reason:     To protect existing trees during the construction phase.

19. Tree protection mulching

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

Reason:     To protect existing trees during the construction phase.

20. Tree protection - avoiding soil compaction

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

Reason:     To protect existing trees during the construction phase.

21. Trunk protection

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

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

Reason:     To protect existing trees during the construction phase.

22. Tree fencing inspection

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

Reason:     To protect existing trees during the construction phase.

23. Noise and vibration management plan

Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority.  The management plan is to identify amelioration measures to achieve the best practice objectives of AS 2436-2010 and NSW Department of Environment and Climate Change Interim Construction Noise Guidelines. The report shall be prepared in consultation with any geotechnical report that itemises equipment to be used for excavation works.

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

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

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

iii.   the construction noise objective specified in the conditions of this consent

iv.   the construction vibration criteria specified in the conditions of this consent

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

vi.   noise and vibration monitoring, reporting and response procedures

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

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

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

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

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

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

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

24. Additional water management information

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

1. The MUSIC model demonstrating that the development complies with the water quality requirements of Volume C Part 4B.6 of Council's Local Centres Development Control Plan is attached to the Construction Certificate water management plans.

2.  The rainwater retention and re-use for the development, as shown on the Construction Certificate water management plans, will achieve the 50% reduction in runoff days required under Volume C Part 4B.3 of Council's Local Centres Development Control Plan.

Reason:     To protect the environment.

25. Amendments to approved landscape plan

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

The following changes are required to the Landscape Plan:

1.    To provide appropriate width planting bed along the western boundary of the flat building, the proposed path is not to kink to the west as shown until the rectangular planter with the 5 camellias. The widening of the garden bed along the side boundary to minimum 2 metres wide is to optimise the viable planting area for the establishment of tall tree plantings in association with the residential flat building. Additional plantings of 5 Eucalyptus saligna (Sydney Blue Gum) along the western side setback of the flat building are to be shown.

2.    The proposed planting of three (3) Magnolia grandiflora (Bull-bay Magnolia) at the rear of House 2 is to be substituted with faster growing evergreen canopy tree species such as three (3) Stenocarpus sinuatus (Firewheel Tree),  or similar.

3.    Sufficient raised planters over the detention tank are to be provided to ensure that the proposed surface proposed planting indicated on the landscape plan is viable within the private courtyards of Units 8 and 9.

4.    Tree 36 and Tree 58 are to be shown to be retained.

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

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

Reason:    To ensure adequate landscaping of the site

26. Amendments to approved engineering plans

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

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

The note stating "300 diameter in-ground interallotment drainage pipe..." is to be amended to reflect the approved diameter of the interallotment drianage pipe (280mm diameter HDPE).

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

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

27. Long service levy

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

Reason:     Statutory requirement.

28. Builder’s indemnity insurance

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

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

Reason:     Statutory requirement.

29. Outdoor lighting

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

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

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

30. Air drying facilities

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that a common open space area dedicated for open air drying of clothes is provided. This area is to be located at ground level behind the building line and in a position not visible from the public domain.

In lieu of the above, written confirmation that all units will be provided with internal clothes drying facilities prior to the Occupation Certificate is to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason:     Amenity & energy efficiency.

31. External service pipes and the like prohibited

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

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

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

32. Access for people with disabilities (residential)

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

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

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

33. Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application, [enter unit nos.], are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.

Note:         Evidence from an appropriately qualified professional demonstrating compliance with this control is to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

Reason:     Disabled access & amenity.

34. Excavation for services

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

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

Reason:     To ensure the protection of trees.

35. Noise from road and rail (residential only)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the residential flat building will be acoustically designed and constructed to ensure that the following LAeq levels are not exceeded:

(a)   in any bedroom in the building-35 dB(A) at any time between 10 pm and 7 am,

(b)   anywhere else in the building (other than a garage, kitchen, bathroom or hallway)-40 dB(A) at any time.

Plans and specifications of the required acoustic design shall be prepared by a practicing acoustic engineer and shall be submitted to the Principal Certifying Authority.

Reason:     To minimise the impact of noise from the adjoining road or rail corridor on the occupants of the development.

36. Noise from plant in residential zone

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

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

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

37. Location of plant (residential flat buildings)

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

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

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

38. Driveway crossing levels

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

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

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

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

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

39. Basement car parking details

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

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

·         a clear height clearance of 2.6 metres and a maximum gradient of 20% (required under Volume C Part 3.4 of the Ku-ring-gai Local Centres DCP for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement

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

·         Convex mirrors are shown where required to facilitate safe access

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

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

40. Car parking allocation

Car parking within the development shall be allocated in the following way:

Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.

At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.

Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.

Reason:     To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with federal legislation.

41. Number of bicycle spaces

The basement car park shall contain the number of bicycle spaces required by the Local Centres DCP. The bicycle parking spaces shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.

Reason:     To provide alternative modes of transport to and from the site.

42. Energy Australia requirements

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

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

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

43. Utility provider requirements

Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained.  All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.

Reason:     To ensure compliance with the requirements of relevant utility providers.

44. Underground services

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

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

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

45. Infrastructure restorations fee

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

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

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

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

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

e)       In this condition:

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

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

Reason:     To maintain public infrastructure.

46. Section 94 Contributions - Centres.

This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:

The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.

The contributions specified above are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index.  Prior to payment, please contact Council directly to verify the current payable contributions.

Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.

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

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

47. Prescribed conditions

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

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

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

Reason:     Statutory requirement.

48. Hours of work

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

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

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

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

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

49. Temporary irrigation

Temporary irrigation within the tree protection fencing is to be provided.  Irrigation volumes are to be determined by the project arborist.

Reason:     To protect trees to be retained on site.

50. Reduction or elimination of groundwater impact

If, during the detailed design of the development or during construction significant quantities of groundwater are identified or encountered, the NSW Office of Water shall be consulted. Any measures as directed or agreed to by the NSW Office of Water to reduce or eliminate the inflow of groundwater to the construction site shall be incorporated into the detailed design and/or construction of the development.

Note: The NSW Office of Water shall determine the significance of any extraction volume and the need for an authorisation to account for the take of water so identified. Where an authorisation is deemed to be required, the applicant shall procure an entitlement from the relevant water source(s) appropriate to account for the extraction of groundwater. The authorisation shall be subject to prescribed assessment fees and administrative charges as determined from time-to-time by the Independent Pricing and Regulatory Tribunal (IPART).

Reason:     To protect the environment.

51. Approved plans to be on site

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

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

52. Statement of compliance with Australian Standards

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

Reason:     To ensure compliance with the Australian Standards.

53. Construction noise

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

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

54. Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.

The site notice must:

·         be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted

·         display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer

·         be durable and weatherproof

·         display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice

·         be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason:     To ensure public safety and public information.

55. Dust control

During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:

·      physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust

·      earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed

·      all materials shall be stored or stockpiled at the best locations

·      the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs

·      all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust

·      all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays

·      gates shall be closed between vehicle movements and shall be fitted with shade cloth

·      cleaning of footpaths and roadways shall be carried out daily

Reason:     To protect the environment and amenity of surrounding properties.

56. Further geotechnical input

The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by JK Geotechnics dated 9 June 2011 and the report submitted prior to commencement of works. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:

·      further geotechnical investigations and testing recommended in the above report(s) and as determined necessary

·      further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary

·      written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs

Reason:     To ensure the safety and protection of property.

57. Compliance with submitted geotechnical report

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

Geotechnical aspects of the development work, namely:

·      appropriate excavation method and vibration control

·      support and retention of excavated faces

·      hydro-geological considerations

must be undertaken in accordance with the recommendations of the geotechnical report prepared by JK Geotechnics dated 9 June 2011 and the report submitted prior to commencement of works. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Reason:     To ensure the safety and protection of property.

58. Guarding excavations

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

Reason:     To ensure public safety.

59. Toilet facilities

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

Reason:     Statutory requirement.

60. Protection of public places

If the work involved in the erection, demolition or construction of the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Any hoarding, fence or awning is to be removed when the work has been completed.

Reason:     To protect public places.

61. Recycling of building material (general)

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

Reason:     To facilitate recycling of materials.

62. Construction signage

All construction signs must comply with the following requirements:

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

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

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

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

·      are restricted to one such sign per property

·      do not exceed 2.5m²

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

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

63. Approval for rock anchors

Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property.  If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.

Reason:     To ensure the ongoing safety and protection of property.

64. Road reserve safety

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

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

65. Services

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

Reason:     Provision of utility services.

66. Sydney Water Section 73 Compliance Certificate

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

Reason:     Statutory requirement.

67. Arborist’s report

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

Reason:     To ensure protection of existing trees.

68. Canopy/root pruning

Canopy and/or root pruning of the following tree(s) which is necessary to accommodate the approved building works shall be undertaken by an experienced AQF level 3 arborist under the supervision of the project arborist and in accordance with the reduction pruning clause of AS4373-2007. All other branches are to be tied back and protected during construction, under the supervision of a qualified arborist.

Reason:     To protect the environment.

69. Treatment of tree roots

If tree roots are required to be severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced arborist/horticulturist with a minimum qualification of horticulture certificate or tree surgery certificate.  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason:     To protect existing trees.

70. Cutting of tree roots

No tree roots of 30mm or greater in diameter located within the specified radius of the trunk(s) of the following, tree(s) shall be severed or injured in the process of any works during the construction period.

Reason:     To protect existing trees.

71. Approved tree works

Approval is given for the following works to be undertaken to trees on the site. An arboricultural assessment prepared by Advanced Treescape Consulting and dated 16/06/11 has been submitted with the application. Tree numbers refer to this report.

Removal or pruning of any other tree on the site is not approved.

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

72. Excavation near trees

No mechanical excavation shall be undertaken within the specified radius of the trunk(s) of the following tree(s) until root pruning by hand to minimum 700mm depth along the perimeter line of such works, is completed:

Reason:     To protect existing trees.

73. Hand excavation

All excavation within the specified radius of the trunk(s) of the following tree(s) shall be hand dug under the supervision of the Project Arborist.

Reason:     To protect existing trees.

74. No storage of materials beneath trees

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

Reason:     To protect existing trees.

75. Removal of refuse

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

Reason:     To protect the environment.

76. Canopy replenishment trees to be planted

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

Reason:     To maintain the treed character of the area.

77. Removal of noxious plants & weeds

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

Reason:     To protect the environment.

78. Survey and inspection of waste collection clearance and path of travel

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:

·      ascertain the reduced level of the underside of the slab at the driveway entry,

·      certify that the level is not lower than the level shown on the approved DA plans; and

·      certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area.

·      This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab.

·      No work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area.  This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

Reason:    To ensure access will be available for Council’s contractors to collect waste from the collection point.

79. On site retention of waste dockets

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

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

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

Reason:    To protect the environment.

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

80. Easement for waste collection

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

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

81. Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. 502813M_02 have been complied with.

Reason:     Statutory requirement.

82. Clotheslines and clothes dryers

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the units either have access to an external clothes line located in common open space or have a mechanical clothes dryer installed.

Reason:     To provide access to clothes drying facilities.

83. Completion of landscape works

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

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

84. Completion of tree works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all tree works, including pruning in accordance with AS4373-2007 or remediation works in accordance with AS4370-2009, have been undertaken in accordance with the approved plan(s) and conditions of consent.

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

85. Accessibility

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

·      the lift design and associated functions are compliant with AS 1735.12 & AS 1428.2

·      the level and direction of travel, both in lifts and lift lobbies, is audible and visible

·      the controls for lifts are accessible to all persons and control buttons and lettering are raised

·      international symbols have been used with specifications relating to signs, symbols and size of lettering complying with AS 1428.2

·      the height of lettering on signage is in accordance with AS 1428.1 - 1993

·      the signs and other information indicating access and services incorporate tactile communication methods in addition to the visual methods

Reason:     Disabled access & services.

86. Retention and re-use positive covenant

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Volume C Appendix 4R.9 of Ku-ring-gai Local Centres Development Control Plan). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:     To protect the environment.

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

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

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

·         the minimum retention and on-site detention storage volume requirements of Volume C Part 4 of Ku-ring-gai Local Centres Development Control Plan have been achieved

·         retained water is connected and available for use

·         all grates potentially accessible by children are secured

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

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

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

Reason:     To protect the environment.

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

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

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

·      gradients of drainage lines, materials and dimensions

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

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

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

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

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

·      dimensions of the discharge control pit and access grates

·      the maximum depth of storage possible over the outlet control

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

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

Reason:     To protect the environment.

89. OSD positive covenant/restriction

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Appendix 4R.9 of Ku-ring-gai Local Centres DCP). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:     To protect the environment.

90. Easement drainage line construction

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the required interallotment drainage system has been installed and surveyed under the supervision of a designing engineer or equivalent professional.

Note:         At the completion of the interallotment works, the following must be submitted to the Principal Certifying Authority for approval:

·         details from the supervising engineer that that the as-constructed works comply with the approved interallotment design documentation

·         a full works as executed drawing of the as built interallotment drainage line (dimensions, grades, materials, invert levels) prepared by a registered surveyor, and details from the  surveyor that all drainage structures are wholly contained within existing drainage easement(s)

Reason:     To protect the environment.

91. Sydney Water Section 73 Compliance Certificate

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

Reason:     Statutory requirement.

92. Certification of as-constructed driveway/car park - RFB

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

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

§     the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 - 2004 “Off-Street car parking" in terms of minimum parking space dimensions

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

§     no doors, gates, grilles or other structures have been provided in the access driveways to the basement car park, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area

·      Convex mirrors are provided where required to facilitate safe access

§     the vehicular headroom requirements of:

-        Australian Standard 2890.1 - “Off-street car parking”,

-        2.6 metres height clearance for waste collection trucks are met from the public street into and within the applicable areas of the basement car park.

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

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

93. Reinstatement of redundant crossings and completion of infrastructure works

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

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

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

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

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

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

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

Reason:     To protect the streetscape.

94. Fire safety certificate

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

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

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

Conditions to be satisfied at all times:

95. Outdoor lighting

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

Reason:     To protect the amenity of surrounding properties.

96. Noise control - plant and machinery

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

Reason:     To protect the amenity of surrounding residents.

97. Car parking

At all times, the visitor car parking spaces are to be clearly identified and are to be for the exclusive use of visitors to the site. On site permanent car parking spaces are not to be used by those other than an occupant or tenant of the subject building. Any occupant, tenant, lessee or registered proprietor of the development site or part thereof shall not enter into an agreement to lease, license or transfer ownership of any car parking spaces to those other than an occupant, tenant or lessee of the building.  These requirements are to be enforced through the following:

·      restrictive covenant placed on title pursuant to Section 88B of the Conveyancing Act, 1919

·      restriction on use under Section 68 of the Strata Schemes (Leasehold Development) Act, 1986 to all lots comprising in part or whole car parking spaces

Reason:     To ensure adequate provision of visitor parking spaces.

CARRIED UNANIMOUSLY

398

910 Pacific Highway, Gordon - Public Car Park

File: S07252/4

Vide: GB.13

For Council to consider the surrender of a lease of a public car park in a private property at 904 -914 Pacific (AKA 910 Pacific) Highway, Gordon.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.    That the General Manager is delegated to negotiate Council’s requirements including compensation for the surrender of the lease of the public car park at 904-914 Pacific (AKA 910 Pacific) Highway, Gordon.

B.    Subject to the General Manager completing negotiations that Council grant approval for the surrender of lease of the public car park at 904 -914 Pacific (AKA 910 Pacific) Highway, Gordon.

C.    That the compensation amount is allocated towards public parking and upgrades at 828 Pacific Highway, Gordon.

D.    That authority is given to the General Manager and the Mayor to affix the Common Seal of the Council to any relevant documents associated with the lease.

E.    That Council authorise the Mayor and General Manager to execute all associated lease documentation.

F.    That Council authorise the affixing of the Common Seal to the associated lease documentation.

CARRIED UNANIMOUSLY

399

828 Pacific Highway, Gordon - Design, Refurbishment and Fit-out - Select Tender

File: S09905

Vide: GB.14

To advise Council of the Expressions of Interest (EoI) received for the design, refurbishment & fit-out of 828 Pacific Highway, Gordon and to seek approval to call select tenders from the recommended shortlist in this report.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.    That Council delegates authority for the Mayor and General Manager to accept the preferred shortlist for select tender for the design, refurbishment and fit-out of
828 Pacific Highway, Gordon.

B.    That Council approves the calling of select tenders from those companies nominated by the Mayor and General Manager for the design, refurbishment and fit-out of 828 Pacific Highway, Gordon.

CARRIED UNANIMOUSLY

400

Native Title Claim by Awabakal and Guringai People

File: S03213

Vide: GB.16

To inform Council of a Native Title claimant application made on behalf of the Awabakal and Guringai People.

Resolved:

(Moved: Councillors Szatow/Ossip)

That Council receive and note the intended course of action.

CARRIED UNANIMOUSLY

401

Acquisition and Divestment of Land Policy - Review

File: S07209

Vide: GB.17

For Council to adopt the revised draft Acquisition & Divestment of Land Policy for public exhibition.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.    That Council to adopt the revised draft Acquisition & Divestment of Land Policy for public exhibition for a period of 28 days with a further 14 days for public comment in accordance with the requirements of the Local Government Act 1993.

B.    That a further report be presented to Council following the public exhibition process.

CARRIED UNANIMOUSLY

402

Draft Commercial Leasing Policy

File: S07252/4

Vide: GB.18

For Council to adopt the draft Commercial Leasing Policy (policy) for public exhibition.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.   That Council adopts the draft Commercial Leasing Policy and place the draft policy on public exhibition for a period of 28 days with a further 14 days for public comment in accordance with the requirements of the Local Government Act, 1993.

B.   That a further report be presented to Council following the public exhibition process.

CARRIED UNANIMOUSLY

403

Aircraft Noise over the North Shore

File: S02511

Vide: NM.3

Notice of Motion from Councillor Fornari-Orsmond dated 2 December 2013

As stated on the Sydney Airport Community Forum website: “The Sydney Airport Long Term Operating Plan (LTOP) is the program which was introduced to manage the aircraft noise associated with Sydney Airport. It was drawn up through a major consultative process during 1996 and 1997. The Plan was designed to ensure that aircraft movements are maximised over water and non-residential land. Where overflight of residential areas cannot be avoided the Plan aims to safely share the noise between communities."

LTOP targets:

The LTOP has the following noise sharing targets for aircraft movements:

17% of movements to the North of the Airport

13% of movements to the East of the Airport

15% of movements to the West of the Airport

55% of movements to the South of the Airport

After comparing the set targets above against the actuals in Attachment A1, it is clear that these targets are not being adhered to. From speaking to residents about this issue it is also obvious people are frustrated that there is no regard for complying with the LTOP nor any regard for the residents that make complaints about the excessive noise over the North Shore – which is way above, at times double, the set targets and these are figures based over a 3 year period.

The residents on the North Shore should be able to expect that a Government agreement set up to ensure equitable distribution of aircraft noise from Sydney Airport be adhered to.

I move:

“1.  That the General Manager write to the Federal Minister of Infrastructure and Regional Development, with the supporting document (Attachment A1), requesting that Airservices Australia adhere to the agreed LTOP.

2.    That the General Manager requests a response from the Minister both as to why Airservices Australia are not adhering to the LTOP targets and when the residents of the North Shore can expect operations will resume as per the agreed LTOP.”

Resolved:

(Moved: Councillors Szatow/Fornari-Orsmond)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY by those present

404

Marian Street Theatre - Strategic Management Options and Building Safety Requirements

File: S06620/3

Vide: GB.2

The following members of the public addressed Council:

D Castle

D Burges

M McCrae

W Blaxland

D Newman

For Council to undertake immediate upgrades to the Marian Street Theatre to ensure the safety of users and patrons of the theatre, and for Council to consider future management model recommendations for the theatre.

Resolved:

(Moved: Councillors Malicki/Pettett)

A.    That Marian Street Theatre for Young People be given notice to vacate the building immediately so that the necessary BCA works can be undertaken to ensure safety of people using and attending the theatre.

B.    That Council undertake to fund the essential capital, electrical and safety requirement upgrades to Marian Street Theatre of $222,000 including the $75,000 grant funds, as soon as possible, to ensure the safe operation of the theatre.

C.    That Council staff consult with the MSTYP about possible Council venues for hire should that be necessary for the time that the works are being undertaken at the Marian Street Theatre.

D.    That Council adopt a Direct Management model as the future operational and management model for the Marian Street Theatre. This model will ensure the continued operation of the MSTYP, access for community and professional performing arts, and other commercial bodies.

E.    That staff report to Council in early 2014 with further details for a Direct Management model for the Marian Street Theatre. This report will include recommendations for theatre programming and partnership opportunities, marketing, staffing, technical management and financial considerations.

F.    That staff report to Council in early 2014 with further details on a comprehensive funding strategy for the capital works proposed in this report. The report will include construction costs and possible funding sources available, including grant opportunities.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Berlioz, McDonald, Ossip, Pettett, Malicki and Fornari-Orsmond

Against the Resolution:         Councillors Armstrong, Citer and Szatow

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

(Moved: Councillors Citer/Szatow)

A.      That, in consultation with MSTYP, Council undertakes such short term work as is necessary for the continued assurance of the safety of the premises but in such manner as to cause minimum disruption to the performance and class schedules of MSTYP and so as to avoid MSTYP having to vacate the entire premises.

B.      That Council undertake to fund the essential capital, electrical and safety requirement upgrades to Marian Street Theatre of $222,000 including the $75,000 grant funds, as soon as possible, to ensure the safe operation of the theatre.

C.      That Council staff consult with the MSTYP about possible Council venues for hire should that be necessary for the time that the works are being undertaken at the Marian Street Theatre.

D.      That Council adopt a preferred management model in consultation with stakeholders including MSTYP for the future management and operation of the Marian Street Theatre. This model will ensure the continued operation of the MSTYP, access for community and professional performing arts, and other commercial bodies.

E.      That staff report to Council in early 2014 with further details for a preferred management model for the Marian Street Theatre. This report will include recommendations for theatre programming and partnership opportunities, marketing, staffing, technical management and financial considerations.

F.      That staff report to Council in early 2014 with further details on a comprehensive funding strategy for the capital works proposed in this report. The report will include construction costs and possible funding sources available, including grant opportunities.

405

Heritage Assessment of Former 3M building at 950 Pacific Highway, Pymble

File: S09781

Vide: GB.11

To consider the heritage significance of the former 3M Building at 950 Pacific Highway, Pymble.

Motion:

(Moved: Councillors Fornari-Orsmond/Pettett) 

A.    That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to amend Draft Ku-ring-gai Local Environmental Plan 2013 by listing 950 Pacific Highway, Pymble (Lot 1 DP718718) Schedule 5 as a heritage item of local significance.

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

C.    That Council request the plan-making delegation under Section 23 of the EP&A Act for this planning proposal

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

E.    That a report be brought back to Council at the end of the exhibition processes.

For the Motion:                      The Mayor, Councillor J Anderson, Councillors Armstrong, Berlioz, Pettett and Malicki

Against the Motion:                Councillors Citer, McDonald, Ossip, Szatow and Fornari-Orsmond

The Mayor did not exercise her Casting Vote

and ruled the Motion LOST

No decision was taken in respect of the above matter

as the Motion when put to the vote was LOST

406

Heritage Assessment of Former 3M building at 950 Pacific Highway, Pymble

File: S09781

Vide: GB.11

To consider the heritage significance of the former 3M Building at 950 Pacific Highway, Pymble.

Resolved:

(Moved: Councillors Malicki/Berlioz)

A.    That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to amend Draft Ku-ring-gai Local Environmental Plan 2013 by listing 950 Pacific Highway, Pymble (Lot 1 DP718718) Schedule 5 as a heritage item of local significance.

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

C.    That Council request the plan-making delegation under Section 23 of the EP&A Act for this planning proposal

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

E.    That a report be brought back to Council at the end of the exhibition processes.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Armstrong, Berlioz, McDonald, Pettett and Malicki

Against the Resolution:         Councillors Citer, Ossip, Fornari-Orsmond and Szatow

407

Planning Proposal to include 'Hardware and Building Supplies' in the B7 Zone under the KPSO

File: S09781

Vide: GB.10

The following members of the public addressed Council:

G Tabuteau

K Gibbons

For Council to consider a planning proposal to amend the Ku-ring-gai Planning Scheme Ordinance (KPSO) to permit ‘hardware and building supplies’ as a use permissible with consent within the B7 – Business Park zone.

Resolved:

(Moved: Councillors Berlioz/Citer)

A.    That the Planning Proposal to amend the Ku-ring-gai Planning Scheme Ordinance to include ‘hardware and building supplies’ as a permissible land use with development consent in Zone B7 (Business Park) be supported in principle.

B.    That the Proponent be advised to amend their Planning Proposal as follows:

i.       Remove references to the concept design of the proposed future development at 950-950A Pacific Highway and 2 Bridge Street, Pymble from the technical component of the Planning Proposal in accordance with the requirements of Section 117 Direction 6.3 (Site Specific Provisions).

ii.      Incorporate appropriate consideration of the State heritage items at
982 Pacific Highway (Pymble Electricity Substation) and the Fire Station at
966 Pacific Highway.  Incorporate appropriate consideration for the building and curtilage on the site at 950 Pacific Highway, Pymble. A copy of the resolution in relation to 950 Pacific Highway, Pymble also be included.

iii.     Incorporate an appropriate project time line in consultation with Council staff.

C.    That the amended Planning Proposal be prepared to the satisfaction of the General Manager and then be forwarded to the DP&I for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.

D.    That Council request the plan-making delegation under Section 23 of the EP&A Act for this planning proposal.

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

F.    That a report be brought back to Council at the conclusion of the exhibition period.

For the Resolution:                Councillors Citer, McDonald, Ossip, Pettett, Szatow and Fornari-Orsmond

Against the Resolution:         The Mayor, Councillor J Anderson, Councillors Armstrong, Berlioz and Malicki

408

St Ives Shopping Village

File: S09318

Vide: GB.12

The following members of the public addressed Council:

T Martire

J Watts

M Gooley

K Callinan

P Moate

S Barwick

To consider a proposal from EK Nominees Pty Limited in relation to future planning and redevelopment of the St Ives Shopping Village.

Resolved:

(Moved: Councillors Ossip/Szatow)

A.   That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify the council car park known as 176 Mona Vale Road, St Ives, being Lot 103 in DP627012 & Lot 105 in DP629388, from community land to operational land via an amendment the Ku-ring-gai LEP Local Centres (2012).

B.   That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify the Council land known as Village Green Parade (which includes a Council car park, St Ives Library, St Ives Early Childhood Centre and St Ives Neighbourhood Centre) being Lot 201 in DP 1164994 & Lot 200 in DP 1164994 from community land to operational land via an amendment the Ku-ring-gai LEP Local Centres (2012).

C.   That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify the Council car park known as 11-21 Cowan Road, St Ives, being:

-        Lot A in DP 336206,

-        Lot B in DP 336206,

-        Lot 1 in DP 504794 and

-        Lot A in DP 321567 from community land to operational land via an amendment the Ku-ring-gai LEP Local Centres (2012).

D.   That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify the Council land known as the St Ives Occasional Child Care Centre, 261 Mona Vale Road, St Ives being Lot 31 in DP 719052 from community land to operational land via an amendment the Ku-ring-gai LEP  Local Centres (2012).

E.    i.       That Council undertake a public hearing under the provisions of the Local Government Act, 1993 for the proposed reclassification of the land resolved by Council in resolution A  to D from community land to operational land.

ii.      In recommendation “B”. Reference to Lot 200 in D.P. 1164994 should be deleted and put into recommendation “C”. 

iii.     On page 119 of the business paper, in the Executive Summary for GB.12, the recommendation makes reference to 3 parcels of land, this should be amended to read four (4) parcels of land.

F.   That Council formally seek to discharge all interests for the St Ives Council land holdings as set out in the Planning Proposal.

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

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

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

J.    That Council’s submission of a final Planning Proposal to DOPI is contingent on the prior submission and Council adoption of a Planning Proposal by EK Nominees, in relation to height and floor space ratio.

K.   That Council write to EK Nominees notifying them of its resolution.

L.   That a further report be brought to Council in relation to the compulsory acquisition of the unnamed lane and part Denley Lane as shown in Figure 5.

M.   That Council commence preparation of a detailed community facilities strategy for St Ives and that a budget of $60,000 is allocated for the study from S94 2010 Plan – local recreational, cultural and social facilities.

N.   That Council begins the process of determining the future of the St Ives Village Precinct in a similar manner to activate Lindfield, by holding meetings, consultations and the like with all parties present including EK Nominees, the St Ives Progress Association, sporting users of Council’s fields, the Neighbourhood Centre, and all interested shopkeepers, community groups and individuals. That there be regular minuting and reporting of these meetings commencing early in the new year (2014).

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

Against the Resolution:         Councillors Armstrong, Berlioz, McDonald, Pettett and Malicki

The voting being EQUAL,

the Mayor exercised her Casting Vote

IN FAVOUR of the Resolution

The above Resolution was subject to an Amendment which was LOST.  The Lost Amendment was:

(Moved: Councillors Malicki/Armstrong)

A.    That Council begins the process of determining the future of the St Ives Village Precinct in a similar manner to activate Lindfield, by holding meetings, consultations and the like with all parties present including EK Nominees, the St Ives Progress Association, sporting users of Council’s fields, the Neighbourhood Centre, and all interested shopkeepers, community groups and individuals.  That there be regular minuting and reporting of these meetings commencing early in the new year (2014).

B.    That Council write to EK Nominees notifying them of its resolution.

C.    That a further report be brought to Council in relation to the compulsory acquisition of the unnamed lane and part Denley Lane as shown in Figure 5.

D.    That Council commence preparation of a detailed community facilities strategy for St Ives and that a budget of $60,000 is allocated for the study from S94 2010 Plan – local recreational, cultural and social facilities.

For the Amendment:             Councillors Armstrong, Berlioz, McDonald, Pettett and Malicki

Against the Amendment:       The Mayor, Councillor J Anderson, Councillors Citer, Ossip, Szatow and Fornari-Orsmond

The voting being EQUAL,

the Mayor exercised her Casting Vote

AGAINST the Amendment

The above Resolution was subject to a Foreshadowed Amendment which was LOST.  The Lost Foreshadowed Amendment was:

(Moved: Councillors Berlioz/Malicki

A.      That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify the council car park known as 176 Mona Vale Road, St Ives, being Lot 103 in DP627012 & Lot 105 in DP629388, from community land to operational land via an amendment the Ku-ring-gai LEP Local Centres (2012).

B.      That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify the Council land known as Village Green Parade (which includes a Council car park, St Ives Library, St Ives Early Childhood Centre and St Ives Neighbourhood Centre) being Lot 201 in DP 1164994 & Lot 200 in DP 1164994 from community land to operational land via an amendment the Ku-ring-gai LEP Local Centres (2012).

C.      That the Council car park known as 11-21 Cowan Road, St Ives being:

-        Lot A in DP 336206,

-        Lot B in DP 336206,

-        Lot 1 in DP 504794,

-        Lot A in DP 321567,

-        Lot 200 DP 1164994,

be excluded from reclassification.

D.      That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify the Council land known as the St Ives Occasional Child Care Centre, 261 Mona Vale Road, St Ives being Lot 31 in DP 719052 from community land to operational land via an amendment the Ku-ring-gai LEP  Local Centres (2012).

E.      i.     That Council undertake a public hearing under the provisions of the Local Government Act, 1993 for the proposed reclassification of the land resolved by Council in resolution A  to D from community land to operational land.

ii.    In recommendation “B”. Reference to Lot 200 in D.P. 1164994 should be deleted and put into recommendation “C”. 

iii.   On page 119 of the business paper, in the Executive Summary for GB.12, the recommendation makes reference to 3 parcels of land, this should be amended to read four (4) parcels of land.

F.      That Council formally seek to discharge all interests for the St Ives Council land holdings as set out in the Planning Proposal.

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

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

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

J.       That Council’s submission of a final Planning Proposal to DOPI is contingent on the prior submission and Council adoption of a Planning Proposal by EK Nominees, in relation to height and floor space ratio.

K.      That Council write to EK Nominees notifying them of its resolution.

L.      That a further report be brought to Council in relation to the compulsory acquisition of the unnamed lane and part Denley Lane as shown in Figure 5.

M.      That Council commence preparation of a detailed community facilities strategy for St Ives and that a budget of $60,000 is allocated for the study from S94 2010 Plan – local recreational, cultural and social facilities.

N.      That the reclassification process describing E, F, G, H, and I should not proceed until a planning proposal has been received and adopted from EK Nominees.

O.      Any resolution to reclassify community land to operational land in St Ives does not bind Council to adopt the planning proposal by EK Nominees.

P.      That Council begins the process of determining the future of the St Ives Village Precinct in a similar manner to activate Lindfield, by holding meetings, consultations and the like with all parties present including EK Nominees, the St Ives Progress Association, sporting users of Council’s fields, the Neighbourhood Centre, and all interested shopkeepers, community groups and individuals. That there be regular minuting and reporting of these meetings commencing early in the New Year 2014.

For the Lost Foreshadowed Amendment:        Councillors Armstrong, Berlioz, McDonald, Pettett and Malicki

Against the Lost Foreshadowed Amendment:  The Mayor, Councillor J Anderson, Councillors Citer, Ossip, Szatow and Fornari-Orsmond

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST the Foreshadowed Amendment

409

Heritage Conservation Areas

File: S09768

Vide: NM.1

The following members of the public addressed Council:

Dr N Olbourne

H Loughnan

B Watson

J Hooke

J Watson

J Townend

Notice of Rescission from Councillors Szatow, Citer and Armstrong dated
2 December 2013

We the undersigned hereby rescind that part of the decision of Council of 26 November 2013 to amend the following zoning, FSR and alteration of boundaries of a Heritage Conservation Area (HCA).

We hereby rescind:

“1.  Amendment of the Heritage Map and Schedule 5 to alter the boundaries of the following HCAs:

a.      C24 Marian Street Conservation Area to exclude Lot 6, DP 3694, Lots 1, 2, 3, DP 119937, Lot 2, DP 932235, Lot 1, DP 945545, Parts 30 and 31, DP 3263, Lot 1, DP 102600 (being Part D. i. a. of the resolution).

2.    Amendment of the floor space ratio for 20-28 Culworth Avenue, Killara (Lots 1, 2 and 3 DP 119937, Lot 6 DP 3694, Lot 2 DP 932235 to ‘Q’ (1.3:1) and the height of buildings Map ‘P’ (17.5m) (being Part C. 5. of the resolution).”

Motion:

(Moved: Councillors Szatow/Armstrong)

That the above Notice of Rescission as printed be adopted.

For the Motion:               Councillors Armstrong, Berlioz, Citer, Ossip and Szatow

Against the Motion:         The Mayor, Councillor J Anderson, Councillors McDonald, Pettett, Malicki and Fornari-Orsmond

The voting being EQUAL,

the Mayor exercised her Casting Vote

AGAINST the Rescission Motion

A Procedural Motion was moved before the Motion above asking the Mayor to seek a vote on the matter as there had been 2 speakers For and 2 Against.

For the Procedural Motion:             The Mayor, Councillor J Anderson, Councillors Berlioz, McDonald, Pettett, Malicki and Fornari-Orsmond

Against the Procedural Motion:      Councillors Armstrong, Citer, Ossip and Szatow

410

Naming of Community Centre and Sportsfield at former UTS site Lindfield

File: S08640/3

Vide: NM.2

The following members of the public addressed Council:

K Cowley

Notice of Rescission from Councillors Malicki, Berlioz and Pettett dated
2 December 2013

Following approaches from the community and based on new information including a suggestion of an extremely significant local figure -

We the undersigned Councillors, hereby move rescission of Minute No 373/13, GB 6 of the Ordinary Meeting of Council on 26 November, 2013 (Attachment A1) as follows:

“1.  That Council name the former UTS sportsfield as the William Symons Sportsground and the community centre as the Leonard Keysor Community Centre.”

We further move:

“A.  That the former UTS Sportsfield now owned by Council be named the Charles Bean Sportsfield, subject to the concurrence of the Geographical Names Board, and the Community Centre be named the Blair Wark VC Community Centre.  Council notes that these two men were heroes of WW1 and also both strongly associated with Ku-ring-gai. Council will meet the cost of appropriate replacement signage and installation.

B.    That DHA be asked to consider other features or buildings within their site to be named after the VC winners they nominated. ”

Resolved:

(Moved: Councillors Malicki/Pettett)

A.    That the former UTS Sportsfield now owned by Council be named the Charles Bean Sportsfield, subject to the concurrence of the Geographical Names Board, and the Community Centre be named the Blair Wark VC Community Centre.  Council notes that these two men were heroes of WW1 and also both strongly associated with Ku-ring-gai. Council will meet the cost of appropriate replacement signage and installation.

B.    That DHA be asked to consider other features or buildings within their site to be named after the VC winners they nominated.

For the Resolution:                The Mayor, Councillor J Anderson ,Councillors  Armstrong, Berlioz, McDonald, Pettett and Malicki

Against the Resolution:         Councillors Szatow, Citer, Ossip and Fornari-Orsmond

The above Resolution was CARRIED as a Substantive Motion to the Original Motion. The Original Motion was:

(Moved: Councillors Malicki/Pettett)

That the above Notice of Rescission, as printed, be adopted.

For the Resolution:                The Mayor, Councillor J Anderson ,Councillors  Berlioz, McDonald, Pettett and Malicki

Against the Resolution:         Councillors Szatow, Citer, Ossip, Armstrong and Fornari-Orsmond

The voting being EQUAL,

the Mayor exercised her Casting Vote

IN FAVOUR of the Rescission Motion

A Procedural Motion was moved before the Motion above asking the Mayor to seek a vote on the matter as there had been 2 speakers For and 2 Against.

For the Procedural Motion:             Councillors Szatow, Berlioz, Armstrong, McDonald, Pettett and Malicki

Against the Procedural Motion:      The Mayor, Councillor J Anderson, Councillors Citer, Ossip and Fornari-Orsmond

411

Review of Council's Investment Policy - 2013

File: S05273

Vide: GB.5

To review Council's Investment Policy and recommend the adoption of a revised policy.

Resolved:

(Moved: Councillors Malicki/Pettett)

A.   That the attached revised Investment Policy be adopted by Council subject to the following amendment:

-        Removal of “in general, it is expected that professional advice will be sought before transacting in ‘grandfathered investments’” and insert “Professional advice will be sought before transacting in ‘grandfathered’ investments” in Section 4.2 of Appendix 1 on page 195 of the business paper.

B.   That Council’s Investment Policy be reviewed again within two (2) years, or earlier if emergent circumstances require it.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Armstrong, Berlioz, Citer, McDonald, Ossip, Pettett, Malicki and Fornari-Orsmond

Against the Resolution:         Councillor Szatow

412

Review of Council Committees

File: S02080

Vide: GB.8

To provide recommendations on Council’s Committee structure following consideration at the Councillor Workshop in November 2013.

Resolved:

(Moved: Councillors Berlioz/Fornari-Orsmond)

A.   That Council reinstate the Heritage Reference Committee with meetings to recommence in 2014.

B.   That Council elect to the Heritage Reference Committee, the Mayor, Jennifer Anderson as Chairperson and Councillor Szatow as Deputy Chairperson.

C.   That Council call Expressions of Interest for external members of the Heritage Reference Committee and report back to Council.

D.    That Council hold bi-annual forums for the Environment/Bushland and Sporting Groups to commence in 2014.That the bi-annual forums be held as soon as practicable in the first half of the 2014 calendar year.

CARRIED UNANIMOUSLY

413

Consideration of Submissions - Draft Ku-ring-gai Bushland Reserves Plan of Management

File: S04326

Vide: GB.15

For Council to adopt the exhibited 2013 Ku-ring-gai Bushland Reserves Plan of Management (PoM), incorporating the categorisation and re-categorisation of natural areas addressed through a public hearing conducted on 19 November 2013, and the Proposal for an estate - Biobank site at Rofe Park, Sheldon Forest and Comenarra Creek Reserve, with minor amendments and corrections as outlined in this report.

Resolved:

(Moved: Councillors Berlioz/Armstrong)

A.    That Council adopts the 2013 Ku-ring-gai Bushland Reserves Plan of Management.

B.    That Council adopts the Proposal for an estate - Biobank site at Rofe Park, Sheldon Forest and Comenarra Creek Reserve, with the amendments and corrections detailed in this report.

C.    That a copy of the 2013 Ku-ring-gai Bushland Reserves Plan of Management is placed on Council’s website.

D.    That Council acknowledges the formal submissions made on the 2013 Ku-ring-gai Bushland Reserves Plan of Management and Proposal for an estate - Biobank site at Rofe Park, Sheldon Forest and Comenarra Creek Reserve and responds to the authors with the outcomes.

E.    That Council adopts the independent chairperson’s recommendations in relation to the submissions raised before or at the public hearing on the categorisation and re-categorisation of community land are supported, with the exception of recommendations three (3) and four (4).

F.    That a decision on the categorisation of land within Princes Park shown in blue as ‘Scouts’ on Map 26 in Attachment A1 as Natural Area – Bushland (or otherwise) be deferred until a more thorough investigation is undertaken into the current (and desired future) licence agreement for the site, in light of the requirements of Section 47B of the Local Government Act 1993.

G.    That Council resolves to conduct a thorough review of Council’s leases and licences relating to buildings on community land categorised as Natural Area – Bushland, to ensure: (i) compliance with the requirements of Section 47B of the Local Government Act 1993; (ii) the appropriate categorisation of community land where these leases and licences apply; and (iii) an appropriate Plan of Management is in place for the community land where these leases and licences apply.

CARRIED UNANIMOUSLY

414

Lindfield Village Green - Tryon Road - Project Update

File: S09780

Vide: GB.19

To update Council on the progress of the masterplanning for Lindfield Village Green and to outline the next steps for the project.

Resolved:

(Moved: Councillors Malicki/Ossip) 

A.    That the proposed Lindfield branch library and the proposed Lindfield Community Centre are to be co-located on the Woodford Lane site.

B.    That Council continues to actively investigate the potential to provide some of the commuter car parking proposed by Transport for NSW under the proposed Lindfield Village Green.

C.    That Council prepares an illustrative concept design for the Lindfield Village Green and proceed to public engagement and, following this, the draft concept is to be reported to Council for their endorsement prior to public exhibition.

D.    That pursuant to sections 186(1) and 187(1) of the Local Government Act 1993, the Council compulsorily acquire the unnamed public road shaded in grey and marked as ‘Proposed partial road closure’ in Figure 2 of the report to the Council dated 10 December 2013 for the purpose of creating the Lindfield Village Green in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

E.    That for the purposes of section 30 of the Land Acquisition (Just Terms Compensation) Act 1991, the Council, as the owner of the road, agree to the road being acquired for compensation in the amount of $1.00.

F.    That Council delegate to the General Manager or his delegate the power to do anything further as necessary to give effect to the compulsory acquisition including obtaining any necessary approvals and publishing any necessary notices in the Gazette.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Armstrong, Berlioz, Citer, McDonald, Ossip, Pettett, Malicki and Fornari-Orsmond

Against the Resolution:         Councillor Szatow

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

A.      That the proposed Lindfield branch library and the proposed Lindfield Community Centre are to be co-located on the Woodford Lane site.

B.      That Council continues to actively investigate the potential to provide some of the commuter car parking proposed by Transport for NSW under the proposed Lindfield Village Green.

C.      That Council prepares an illustrative concept design for the Lindfield Village Green and proceed to public engagement and, following this, the draft concept is to be reported to Council for their endorsement prior to public exhibition.

D.      That pursuant to sections 186(1) and 187(1) of the Local Government Act 1993, the Council compulsorily acquire the unnamed public road shaded in grey and marked as ‘Proposed partial road closure’ in Figure 2 of the report to the Council dated 10 December 2013 for the purpose of creating the Lindfield Village Green in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

E.      That for the purposes of section 30 of the Land Acquisition (Just Terms Compensation) Act 1991, the Council, as the owner of the road, agree to the road being acquired for compensation in the amount of $1.00.

F.      That Council delegate to the General Manager or his delegate the power to do anything further as necessary to give effect to the compulsory acquisition including obtaining any necessary approvals and publishing any necessary notices in the Gazette.

G.      That there should be no net loss of public car parking spaces with the redevelopment of the Lindfield Village Green and that this include the 25 car spaces lost from the sale of 9 Havilah Lane, Lindfield.

H.      That the $4.55 million from the sale of 9 Havilah Lane, Lindfield be directed to cover any shortfall in replacing public car spaces in the Lindfield Village Green project.

415

Culworth Avenue Car Park - Site Inspection

File: S09768

Vide: QN.1

Question Without Notice from Councillor Chantelle Fornari-Orsmond

I note that Councillor Citer requested a site inspection of Culworth Car Park.  Could the Director of Strategy please remind, to the benefit of Councillors who may have forgotten, that staff did already offer, maybe even twice, an opportunity to Councillors to have an inspection of this site.

Answer by Director Strategy and Environment

Mayor and Councillors, I will take that one now Madam Mayor.  Councillor Fornari-Orsmond is correct.  There was at least two offers and there was a number of other offers in relation to sites at Binnalong and Calga and related sites.  Some Councillors took up the sites in Roseville and West Pymble but I am not sure that anyone took up the core sites in the Town Centres because it was my understanding that everyone was familiar with those sites.

Ordinary Meeting of Council - 4 February 2014

GB.1 / 78

Item GB.1

S07505

20 January 2014

purpose of report:

For Council to consider granting a 5 year licence, with 3 additional 5 year option periods, to Cavalcade of History and Fashion Inc, for occupation at 4 Babbage Road, Roseville.

background:

Cavalcade of History and Fashion Inc.(Cavalcade) was formed in 1960 and has occupied the premises at the Babbage Road for over 13 years. Cavalcade uses the premises for the storage, cataloguing and restoration of a historical clothing collection.

comments:

Cavalcade of History and Fashion Inc has been operating at this location since July 2000. Cavalcade is a volunteer based not-for-profit organisation that is now well established in Ku-ring-gai.

recommendation:

That Council grant a licence to Cavalcade of History and Fashion Inc for 5 years from 1 March 2014, with options for an additional 3 x 5 years.

Recommendation:

A.       That Council grant a licence to Cavalcade of History and Fashion Inc for a period of 5 years, with additional 3 x 5 year option renewals.

B.       That the new licence also include the additional storage area adjacent to the main Cavalcade room.

C.       That the licence commence from 1 March 2014 and expire on 28 February 2019.

D.       That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.

E.       That Council authorise the affixing of the Common Seal of Council to the Lease Agreement.

Michael New

Property Officer Recreational Facilties

Mark Taylor

Manager Community & Recreation Services

Janice Bevan

Director Community

Ordinary Meeting of Council - 4 February 2014

GB.2 / 83

Item GB.2

S07471

23 January 2014

purpose of report:

For Council to consider granting a 2 year lease to Lifeline Harbour to Hawkesbury Inc for continued occupation at 4 Park Avenue Gordon.

background:

Lifeline Harbour to Hawkesbury Inc has been operating at the Gordon location since 1991. It is a not-for-profit organisation and operates a 24-hour telephone counselling service and face to face counselling for people in need including suicide prevention.

comments:

Lifeline has complied with the terms and conditions of the previous lease and has requested a renewal of their lease with Council for a further term.

recommendation:

That Council grant a new lease to Lifeline Harbour to Hawkesbury Inc expiring on 31 January 2016.

Recommendation:

A.       That Council grant a lease to Gordon Community Preschool for a period of 2 years.

B.       That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.

C.       That Council authorise the affixing of the Common Seal of Council to the Lease Agreement.

Michael New

Property Officer Recreational Facilties

Mark Taylor

Manager Community & Recreation Services

Janice Bevan

Director Community

Ordinary Meeting of Council - 4 February 2014

GB.3 / 87

Item GB.3

S05273

12 December 2013

purpose of report:

To present Council’s investment portfolio performance for November 2013.

background:

Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

comments:

The net return on investments for the financial year ended November 2013 was $1,686,000 against a revised budget of $1,686,000.

recommendation:

That the summary of investments performance for November 2013 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

Recommendation:

A.       That the summary of investments and performance for November 2013 be received and noted.

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1View

Investments definitions specific to Council’s investment portfolio

2014/019897

APPENDIX No: 1 - Investments definitions specific to Council’s investment portfolio

Item No: GB.3

Ordinary Meeting of Council - 4 February 2014

GB.4 / 96

Item GB.4

S05273

9 January 2014