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)

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 Finance (Angela Apostol)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Sigrid Banzer)

265

Apologies

File: S02194

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

Resolved:

(Moved: Councillors Berlioz/Pettett)

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

CARRIED UNANIMOUSLY

266

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/8

Vide: BN.0

Resolved:

(Moved: Councillor Szatow/Councillor McDonald)

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

C.1      T03-2014 Provision of Project Marketing and Sales Agency Services for the Former B2 Lands Subdivision

C.2      General Manager's Performance Review Period of review - 12 months to May 2014

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

Refer GB.6  Engagement of Heritage Consultants for Review of Heritage Properties and Heritage Conservation Areas in Pymble

Attachment A2:. Consultants quotes - HCA Peer Review 2014 -

....................... Pymble East/West and Middle Harbour Road Lindfield

Attachment A3:. Assessment of quotes - HCA Peer Review 2014 –

                               Pymble East/West and Middle Harbour Road Lindfield

CARRIED UNANIMOUSLY

Memorandums:

Refer GB.4 - Draft General and Special Purpose Financial Statements for the year ended 30 June 2014 – Memorandum from Director Corporate dated 25 August 2014 advising that on page 110 of the business paper under the sub-heading Other Expenses, the report should read “favourable” variance of $891K rather than “unfavourable”.

Councillors Information:

15 Normac Street Roseville – STEP – Building Works Encroaching Bushland Reserve – Memorandum from Director Development and Regulation in answer to a Question Without Notice raised by Councillor David Armstrong at the Ordinary Meeting of Council held 12 August 2014.

267

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 12 August 2014

Minutes numbered 247 to 264

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

That Minutes numbered 247 to 264 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

268

Draft General and Special Purpose Financial Statements for the year ended 30 June 2014

File: S05273

Vide: GB.4

To present to Council the draft Financial Statements for the year ended 30 June 2014 for certification and referral to Council’s external auditor, UHY Haines Norton Chartered Accountants and seek approval to carry over budgets to fund incomplete works at 30 June 2014.

Resolved:

(Moved: Councillors Pettett/Szatow)

A.    That Council receive and certify the draft Financial Statements for the year ended 30 June 2014.

B.    That the draft Financial Statements be referred to Council’s external auditor, UHY Haines Norton Chartered Accountants to provide an opinion on the draft Financial Statements ended 30 June 2014 and to report to Council.

C.    That the draft Financial Statements ended 30 June 2014 be certified by the Mayor, Deputy Mayor or one other Councillor, the General Manager and the Responsible Accounting Officer in accordance with Section 413(2)(C) of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting.

D.    That 9 September 2014 be fixed as the date for the public meeting to present the audited Financial Statements and the audit reports for the year ended 30 June 2014 as required by Section 419 of the Local Government Act 1993, and that Council’s external auditor be present to answer questions.

E.    That Council adopt carry over expenditure of $18.006 million to carry forward to the 2014/15 financial year, as listed in Attachment A1, and borrow $3.883 million for the external loan funded portion of these works.

CARRIED UNANIMOUSLY

269

Draft Asset Management Policy

File: S08989

Vide: GB.9

For Council to adopt the revised draft Asset Management Policy.

Resolved:

(Moved: Councillors Szatow/Citer)

For Council to adopt the revised draft Asset Management Policy.

CARRIED UNANIMOUSLY

270

T03-2014 Provision of Project Marketing and Sales Agency Services for the Former B2 Lands Subdivision

File: S08281/4

Vide: C.1

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

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

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

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

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i)      prejudice the commercial position of the person who supplied it, or

(ii)     confer a commercial advantage on a competitor of Council, or

(iii)    reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders.  Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.  Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

It is not in the public interest to reveal details of these tenders or the assessment process.  Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council.  The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i)           prejudice the commercial position of the person who supplied it, or

(ii)         confer a commercial advantage on a competitor of Council, or

(iii)       reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.

Report by Director Strategy and Environment and Manager Strategic Projects dated
13 August 2014.

Resolved:

(Moved: Councillors Ossip/Malicki)

A.       That Council accept the Tender identified in the Tender Evaluation Committee Recommendation outlined above for the provision of Project Marketing and Sales Agency Services for the former B2 Lands subdivision at South Turramurra.

B.       That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.

C.       That the Seal of Council be affixed to all necessary documents.

D.       That all tenderers be advised of council’s decision in accordance with Clause 178 of the Local Government tendering Regulations.

CARRIED UNANIMOUSLY by those present

271

Engagement of Heritage Consultants for Review of Heritage Properties and Heritage Conservation Areas in Pymble

File: S10014

Vide: GB.6

The following members of the public addressed Council:

G Tabuteau

P Cooper

To report on quotations received for the preparation of an additional HCA Peer Review in East and West Pymble.

Resolved:

(Moved: Councillors Berlioz/Szatow)

A.    That Council receive and note the quotations.

B.    That funds of $9,955 (including GST) be allocated to cover the cost of the preferred consultant identified in the report, to undertake a review of HCAs of the identified areas in East and West Pymble.

C.    That funds be identified in the first quarter budget review.

D.    That the commissioning of the preferred consultants for the HCA Review in Pymble (East and West) be commenced as soon as practical and a further report brought back to Council on completion of the studies.

CARRIED UNANIMOUSLY

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

(Moved: Councillors McDonald/Fornari-Orsmond)

That Council receive and note the quotations.

272

Reclassification of Council-owned land within Pymble, Wahroonga, East and West Pymble

File: S09769

Vide: GB.7

The following members of the public addressed Council:

J Clements

K Bevan

G Keating

To have Council consider the feedback following the exhibition and public hearing for the Planning Proposal to reclassify six sites within Pymble, Wahroonga, and East and West Lindfield from community to operational land status.

Resolved:

(Moved: Councillors Berlioz/Szatow)

A.    That 19 Hughes Place, East Lindfield be reclassified from Community land to Operational and as per the planning proposal.

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

Against the Resolution:         Councillor Berlioz

B.    That 9 Eric Street, Wahroonga be reclassified from Community land to Operational and as per the planning proposal.

CARRIED UNANIMOUSLY

C.    That 57 Merrivale Road, Pymble be reclassified from Community land to Operational and as per the planning proposal.

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

Against the Resolution:         Councillors Berlioz, Citer, McDonald and Szatow

D.    That 57 Merrivale Road, Pymble be continued to be used to provide child care services in the future.

CARRIED UNANIMOUSLY

E.    That 6A Peace Avenue, Pymble be reclassified from Community land to Operational and as per the planning proposal.

CARRIED UNANIMOUSLY

F.    That 77A Bradfield Road, West Lindfield be reclassified from Community land to Operational and as per the planning proposal.

CARRIED UNANIMOUSLY

G.    That Edith Street (between 74/76 Bannock Burn Road), Pymble be reclassified from Community land to Operational and as per the planning proposal.

CARRIED UNANIMOUSLY

H.    That Council enter into an agreement with the NSW Office of Strategic Lands on the process for the sharing of any proceeds from the potential development and divestment of 9 Eric Street, Wahroonga, net of the costs of obtaining reclassification and subdivision approvals.

CARRIED UNANIMOUSLY

I.     That any existing lawfully established access which is currently enjoyed by property owners for the Edith Street, Pymble site and the Eric Street, Wahroonga site be protected by appropriate legal means upon reclassification and divestment of the sites.

CARRIED UNANIMOUSLY

J.    That the Planning Proposal be submitted to the Minister in accordance with Division 4 of the Environmental Planning and Assessment Act 1979.

K.    That all persons who made a submission be notified of Council’s decision.

CARRIED UNANIMOUSLY

273

Planning Proposal to include ‘Hardware and Building Supplies’ as a Permissible Land Use with Development Consent in Zone B7 (Business Park) - Consideration of Submissions

File: S10209

Vide: GB.10

The following members of the public addressed Council:

A Grundy

G Tabuteau

To consider the submissions arising from the public exhibition of the planning proposal and request the Department of Planning and Environment to make the plan in accordance with S59(2) of The EP&A Act 1979.

Resolved:

(Moved: Councillors Malicki/Ossip)

That the decision be deferred for consideration after the planning proposal for heritage listing the 3M building as it may become necessary to excise the 3M building and curtilage from this planning proposal.

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

Against the Resolution:         Councillors Citer and Fornari-Orsmond

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

(Moved: Councillors Citer/Fornari-Orsmond)

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) proceed without variation.

B.      That Council proceed to make the Plan under delegated authority under Section 59(2) of the EP&A Act and Regulations.

C.      That those who made a submission be notified of Council’s resolution.

274

Economic Development Projects - Strategy and Action Plans

File: S09436

Vide: GB.1

To outline to Council, the strategy, approach and budgets for delivering economic and social development projects in Ku-ring-gai.

Resolved:

(Moved: Councillors Szatow/McDonald)

A.    That Council adopt the recommended programs, initiatives and budgets for    ESDAC projects for 2014/2015.

B.    Any subsequent proposals to expand monies currently included under the unallocated amount of $24,300 be formally reported back to Council for ratification throughout the financial year.

CARRIED UNANIMOUSLY

275

Analysis of Land and Environment Court Costs - 4th Quarter 2013 to 2014

File: S05273

Vide: GB.2

To report legal costs in relation to development control matters in the Land and Environment Court for the year ended 30 June 2014.

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

That the analysis of Land and Environment Court costs for the year ended 30 June 2014 be received and noted.

CARRIED UNANIMOUSLY

276

Investment Report as at 31 July 2014

File: S05273

Vide: GB.3

To present Council’s investment portfolio performance for July 2014.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.    That the summary of investments and performance for July 2014 be received and noted.

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

CARRIED UNANIMOUSLY

277

30-34 Henry Street Gordon - Demolish Existing Structures and Construct a Residential Flat Building containing 44 Units, Basement Parking and Landscaping

File: DA0264/13

Vide: GB.5

To determine Development Application DA0264/13 involving demolition of existing structures and construction of a residential flat building comprising 44 units, basement parking and landscaping.

Councillor Ossip withdrew and was not present for voting on the item

Resolved:

(Moved: Councillors Szatow/Berlioz)

THAT the Council, as the consent authority, grant deferred commencement development consent to DA 0264/13 for demolition of existing structures and construction of a residential flat building containing 45 units, basement parking and landscaping on land at No 30-34 Henry Street Gordon, for a period of two (2) years from the date of the Notice of Determination, subject to the following:

SCHEDULE A – DEFERRED COMMENCEMENT TERM:

This consent shall not operate until the following deferred commencement term is satisfied:

A.     Provision of a drainage easement

The applicant shall submit documentary evidence that the Owners' Corporation of SP13053 (717 Pacific Highway Gordon) has given written consent to the released of the inter-allotment drainage easement C540229 and the creation of a new easement over the renewed pipe shown on Whipps-Wood Drawing 2011-0281 HDA01/P2. 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 through the site in a proper manner that protects adjoining properties.

NOTE:             The deferred commencement term must be satisfied within 2 years of the date that the consent is granted. It the deferred commencement term is not satisfied within 2 years, the consent will lapse.

Upon receipt of written notification from Council that the abovementioned condition has been satisfied the consent will operate and following conditions will apply:

SCHEDULE B – GENERAL CONDITIONS:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

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

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

2. Inconsistency between documents

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

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

3. Approved landscape plans

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

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

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

4. Asbestos works

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

Reason:         To ensure public safety

5. Groundwater inflow predictions

1.    The predicted instantaneous inflow rate (expressed in litres per second) and the predicted groundwater extraction volume (expressed in mega-litres) 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 groundwater extraction volume (expressed in mega-litres 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 fo Water, depending on the quality or contamination status of the groundwater and the proposed method of disposal.

Reason:         To protect the environment.

6. 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.

7. 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.

8. 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 Henry Street over the site frontage.

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.

9. Archival recording of buildings

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

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

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

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

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

10.   Dilapidation survey and report (private property)

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

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

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

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

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

11.   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 recommended in JK Geotechnics report dated 16 July 2013. The report is to address such matters as:

·    appropriate excavation methods and techniques

·    vibration management and monitoring

·    dilapidation survey

·    support and retention of excavated 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.

12. Construction and traffic management plan

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

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

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

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

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

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

·    Demolition

·    Excavation

·    Concrete pour

·    Construction of vehicular crossing and reinstatement of footpath

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

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

For safety and amenity, no heavy vehicle movements are to occur in Henry Street during school drop-off (8.00am to 9.30am) and pick-up (2.30pm to 4.00pm) periods.

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.

13.   Work zone

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

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

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

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

14.   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.

15.   Marking of trees to be removed

All trees that are to be removed are to be clearly marked on site by the project arborist in accordance with the approved plans. All other trees are to be retained.

Reason:    To protect existing trees during the construction phase.

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.

Reason:         To protect existing trees during the 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 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 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 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.

19.   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.

20.   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.

21.   Ground protection - avoiding soil compaction

To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary ground protection measures to avoid soil compaction (eg rumble boards or existing paving) beneath the canopy of the following tree/s and between the proposed excavation works and the temporary fencing is/are installed.

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.   Construction waste management plan

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

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

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

Reason:         To ensure appropriate management of construction waste.

24.   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 Environment Protection Authority 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:

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

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

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

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

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

·        noise and vibration monitoring, reporting and response procedures;

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

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

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

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

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

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

25.   Support for Council roads, footpaths, drainage reserves

Council property adjoining the construction site must be fully supported at all times during all excavation and construction works. Details of shoring, propping and anchoring of works adjoining Council property, prepared by a qualified structural engineer or geotechnical engineer, must be submitted to and approved by the Principal Certifying Authority (PCA), before the commencement of the works. A copy of these details must be forwarded to Council. Backfilling of excavations adjoining Council property or any void remaining at completion of construction between the building and Council property must be fully compacted prior to the completion of works.

Reason:         To protect Council’s infrastructure.

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

26.   Consolidation of allotments

The three allotments subject of this development application shall be consolidated into one allotment and registered with the Department of Property and Information prior to the issue of a construction certificate.

The lots to be consolidated are:

·    30 Henry Street, Gordon Lot B in DP 945897

·    32 Henry Street, Gordon Lot 1 in DP 940309

·    34 Henry Street, Gordon Lot 1 in DP 178704

Reason:    To ensure orderly development of land.

27.   Design elements of building

The Certifying Authority shall ensure that the integrated shading devices as indicated on the perspective drawings nominated in the approved plan set are maintained on the Construction Certificate drawings to ensure the development provides for satisfactory privacy and environmental design.

Reason:    Compliance with the principles of SEPP 65.

28.   Ventilation of kitchens

Unit kitchens shall be provided with mechanical ventilation to ensure appropriate amenity is maintained for residents.

Reason:    To ensure adequate ventilation is provided.

29.   Adaptable units

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that a minimum of four units are designed as adaptable housing on 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 a Construction Certificate.

Reason:    Statutory requirement.

30.   Car wash

One visitors car parking space shall be equipped with a tap and appropriately drained (to the sewer) to provide for appropriate facilities for car washing.

Reason:    Compliance with DCP (Local Centres)

31.   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.

32.   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.

33.   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.

34.   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.

35.   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.

36.   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.

Access is to be provided to the court yard located at the western end of the entry foyer by way of a stair lift or alternate compliant solution.

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

37.   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.

38.   Recycling and waste management

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the development provides a common garbage collection/separation area sufficient in size to store all wheelie garbage bins and recycling bins provided by Council for the number of units in the development in accordance with DCP 40. The garbage collection point is to be accessible by Council’s Waste Collection Services.

The responsibility for:

·    the cleaning of waste rooms and waste service compartments; and

·    the transfer of bins within the property, and to the collection point once the development is in use;

shall be determined when designing the system and clearly stated in the Waste Management Plan.

Note:              The architectural plans are to be amended and provided to the Certifying Authority.

Reason:         Environmental protection.

39.   Noise from plant in residential zone

Prior to the issue of the Construction Certificate an acoustic design report shall be prepared by an appropriately qualified acoustic consultant identifying all mechanical ventilation equipment and other noise generating plant including, but not limited to car park and garbage room exhaust, roller shutter doors, air conditioners and lifts proposed as part of the development. The report shall provide acoustic design detailing and recommendations to address any potential noise impacts to ensure 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 (LA90, 15 min) level during the day when measured at the nearest adjoining property boundary and shall not be audible within a habitable room in any residential premises between the hours of 10.00pm and 7.00am.

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

40.   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 or plant room as shown on the approved plans.

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.

41.   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.

42.   Driveway grades - basement car parks

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

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

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

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

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

43.   Basement car parking details

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

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

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

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

·    the 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.

44.   Drainage of paved areas

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

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

45.   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.

46.   Number of bicycle spaces

The basement car park shall be adapted to provide 14 bicycle spaces in accordance with DCP (Local Centres). 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.

47.   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.

48.   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.

49.   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):

50.   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.

51.   Section 94 Contributions - Centres.

(For DAs determined on or after 19 December 2010)

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:

52.   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.

53.   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.

54.   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.

55.   Vibration

Vibration emitted from activities associated with the demolition, excavation, construction and fitout of buildings and associated infrastructure shall satisfy the values referenced in Table 2.2 of the Environment Protection Authority Assessing Vibration - a Technical Guideline.

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

56.   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.

57.   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.

58.   Demolition of existing site structures

To preserve the health and condition of existing trees to be retained, all demolition of existing building and landscape structures including tree removal, are to be undertaken within the access restricted to the existing driveways and building platforms. Where vehicular access is required across existing soft landscape area, temporary ground protection capable of supporting the vehicles is to be constructed in accordance with Section 4.5.3, AS4970-2009 Protection of trees on development sites.

Reason:         To protect trees to be retained on site.

59.   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.

60.   Engineering fees

For the purpose of any development related inspections by Ku-ring-gai Council engineers, the corresponding fees set out in Councils adopted Schedule of Fees and Charges are payable to Council. A re-inspection fee per visit may be charged where work is unprepared at the requested time of inspection, or where remedial work is unsatisfactory and a further inspection is required. Engineering fees must be paid in full prior to any final consent from Council.

Reason:         To protect public infrastructure.

61.   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.

62.   Construction noise

During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with best practice objectives of AS 2436-2010 and NSW Environment Protection Authority Interim Construction Noise Guidelines and the recommendations of the approved noise and vibration management plan.

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

63.   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.

64.   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.

65.   Post-construction dilapidation report

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

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

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

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

Reason:         Management of records.

66.   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 16 July 2013 and the report submitted prior to commencement of works. Over the course of the works, a qualified geotechnical/
hydrogeological 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.

67.   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

·    hydrogeological considerations

must be undertaken in accordance with the recommendations of the geotechnical report prepared by JK Geotechnics dated 16 July 2013 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.

68.   Use of road or footpath

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

Reason:         To ensure safety and amenity of the area.

69.   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.

70.   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.

71.   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.

72.   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.

73.   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.

74.   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.

75.   Maintenance period for works in public road

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

Reason:         To protect public infrastructure.

76.   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.

77.   Road repairs necessitated by excavation and construction works

It is highly likely that damage will be caused to the roadway at or near the subject site as a result of the construction (or demolition or excavation) works. The applicant, owner and builder (and demolition or excavation contractor as appropriate) will be held responsible for repair of such damage, regardless of the Infrastructure Restorations Fee paid (this fee is to cover wear and tear on Council's wider road network due to heavy vehicle traffic, not actual major damage).

Section 102(1) of the Roads Act states “A person who causes damage to a public road is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.”

Council will notify when road repairs are needed, and if they are not carried out within 48 hours, then Council will proceed with the repairs, and will invoice the applicant, owner and relevant contractor for the balance.

Reason:         To protect public infrastructure.

78.   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.

79.   Temporary rock anchors

If the use of temporary rock anchors extending into the road reserve is proposed, then approval must be obtained from Council and/or the Roads and Traffic Authority in accordance with Section 138 of the Roads Act 1993. The Applicant is to submit details of all the work that is to be considered, and the works are not to commence until approval has been granted. The designs are to include details of the following:

·      How the temporary rock anchors will be left in a way that they will not harm or interfere with any future excavation in the public road

·      That the locations of the rock anchors are registered with Dial Before You Dig

·      That approval of all utility authorities likely to use the public road has been obtained. All temporary rock anchors are located outside the allocations for the various utilities as adopted by the Streets Opening Conference.

·      That any remaining de-stressed rock anchors are sufficiently isolated from the structure that they cannot damage the structure if pulled during future excavations or work in the public road.

·      That signs will be placed and maintained on the building stating that de-stressed rock anchors remain in the public road and include a contact number for the building manager. The signs are to be at least 600mm x 450mm with lettering on the signs is to be no less than 75mm high. The signs are to be at not more than 60m spacing. At least one sign must be visible from all locations on the footpath outside the property. The wording on the signs is to be submitted to Council’s Director Technical Services for approval before any signs are installed.

Permanent rock anchors are not to be used where any part of the anchor extends outside the development site into public areas or road reserves.

All works in the public road are to be carried out in accordance with the Conditions of Construction issued with any approval of works granted under Section 138 of the Roads Act 1993.

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

80.   Temporary disposal of stormwater runoff

During construction, stormwater runoff must be disposed of in a controlled manner that is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to manage and control runoff as far as the approved point of stormwater discharge. Such measures shall be to the satisfaction of the Principal Certifying Authority.

Reason:         To preserve and enhance the natural environment.

81.   Erosion control

Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifying Authority and Council officers.

Reason:         To protect the environment from erosion and sedimentation.

82.   Drainage to interallotment easement

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped and connected to the interallotment stormwater drainage line benefiting the site. The interallotment line must be covered by the necessary easement for drainage which may exist or need to be created under this consent.

Reason:         To protect the environment.

83.   Grated drain at garage

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

Reason:         Stormwater control.

84.   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.

85.   Arborist’s report

The trees to be retained shall be inspected and monitored by an AQF Level 5 arborist in accordance with AS4970-2009 during and after completion of development works to ensure their long term survival. Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required at the following times or phases of work. All reports should include dated, a brief description of the trees inspected, and any mitigation works prescribed. An arborist report prepared by Landscape Matrix, dated 4/07/13, has been submitted. The tree numbers refer to this report.

All works as recommended by the project arborist are to be undertaken by an experienced arborist with a minimum AQF Level 3 qualification.

Reason:    To ensure protection of existing trees.

86.   Stockpiling of top soil

Top soil shall be stripped from areas to be developed and stock-piled within the site. Stock-piled topsoil must be located outside drainage lines and tree canopies and be protected from run-on water by suitably positioned diversion banks. Where the period of storage will exceed fourteen (14) days, stock-piles are to be seeded or sprayed with an appropriate emulsion solution to minimise particle movement.

Reason:         To protect the environment.

87.   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.

88.   Hand excavation

All excavation, excluding for basement, within the specified radius of the trunk(s) of the following tree(s) shall be hand dug. No tree roots of 50mm 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 hand excavation.

Reason:    To protect existing trees.

89.   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.

90.   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.

91.   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.

92.   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.

93.   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:

94.   Easement for waste collection

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

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

95.   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. 491503M_03 dated 14 May 2014 have been complied with.

Reason:         Statutory requirement.

96.   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.

97.   Mechanical ventilation

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

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

·   The Building Code of Australia

·   Australian Standard AS1668

·   Australian Standard AS3666 where applicable

2.  The operation of the mechanical ventilation systems and other noise generating plant in isolation or in association with other equipment will not be audible within a habitable room in any residential premises between the hours of 10.00pm and 7.00am. The operation of the equipment outside these restricted hours shall emit a noise level of not greater than 5dB(A) above background when measured at the nearest adjoining residential boundary. The background (LA90, 15 min) level is to be determined without the source noise present.

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

Reason:         To protect the amenity of surrounding properties.

98.   Completion of landscape works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works 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.

99.   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. All monitoring reports shall be provided to the Principal Certifying Authority prior to the release of the Occupation Certificate.

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

100.   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.

101. 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 Part 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.

102. Provision of copy of OSD designs if Council is not the PCA

Prior to issue of the Occupation Certificate, the following must be provided to Council’s Development Engineer:

·    a copy of the approved Construction Certificate stormwater detention/retention design for the site

·    A copy of any works-as-executed drawings required by this consent

·    The Engineer’s certification of the as-built system.

Reason:         For Council to maintain its database of as-constructed on-site stormwater detention systems.

103. 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 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.

104. 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.

105. Basement pump-out maintenance

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

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

Reason:         To protect the environment.

106. 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 Volume C Part 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.

107. Easement registration and drainage line construction

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the new interallotment drainage system serving 717 Pacific Highway has been installed and surveyed under the supervision of a designing engineer or equivalent professional, and that an easement has been created over the pipe to benefit 717 Pacific Highway. Council is to be named as the authority to release, vary or modify the easement.

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 the drainage easement(s)

Reason:         To protect the environment.

108. 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.

109. 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

·   the vehicular headroom requirements of:

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

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

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.

110. Reinstatement of redundant crossings and completion of infrastructure works

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

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

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

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

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

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

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

Reason:         To protect the streetscape.

111. Construction of works in public road - approved plans

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

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

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

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

112.  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:

113. 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.

114. Encroachment over burdens

At all times for the life of the approved development, no part of any structure shall encroach over any easement and no loadings shall be imposed to utilities within any easement unless approved by the owner(s) appurtenant to the burden.

This development consent does not set aside or affect in any way the exercise of any rights-at-law which may be conferred upon any parties by the existence and/or terms of the grant of any easements or rights-of-carriageway on or over the subject lot(s). It is the applicant’s full responsibility to ensure that any rights-at-law are investigated and upheld. Council accepts no responsibility whatsoever, at any time, for any claim for any matter or thing arising from its approval to this application involving any encroachment or other influence upon any easement or right-of-carriageway.

The applicant’s attention is directed to the rights of persons benefited by any easement or right-of-carriageway concerning the entry and breaking up of a structure approved by this consent. In the event that such a structure causes damage, blockage or other thing requiring maintenance to infrastructure within the easement or right-of-carriageway, or access is required to carry out maintenance, Council accepts no responsibility in this regard.

Reason:         To ensure compliance with the development consent.

115. No door restricting internal waste collection in basement

At all times, the basement garbage storage and collection area is to be accessible by Council’s Waste Collection Services. No doors, grilles, gates or other devices shall be provided in any location which would prevent this service. Where a gate, door or the like is to be erected, unimpeded access to the garbage collection point is to be provided by other means through written agreement with Council’s Waste Collection Services.

Reason:         To facilitate access to the garbage collection point.

116. Noise control - plant and machinery

All noise generating equipment associated with mechanical ventilation systems, plant and machinery shall be located and/or soundproofed so the equipment is not audible within a habitable room in any residential premises between the hours of 10.00pm and 7am. The operation of the equipment outside these restricted hours shall emit a noise level of not greater than 5dB(A) above the background when measured at the nearest adjoining boundary. The background (LA90, 15 min) level is to be determined without the source noise present.

Reason:    To protect the amenity of surrounding residents.

117. Noise control - rainwater re-use system

All noise generating equipment, such as pumps, associated with any proposed rainwater re-use 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 pump/s 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.

118. 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.

119. Loading and unloading

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

Reason:         To ensure safe traffic movement.

120. Unobstructed driveways and parking areas

At all times, all driveways and parking areas shall be unobstructed. Driveways and car spaces shall not be used for the manufacture, storage or display of goods, materials or any other equipment and shall be used solely for vehicular access and for the parking of vehicles associated with the use of the premises.

Reason:         To ensure safe traffic movement.

CARRIED UNANIMOUSLY by those present

278

Delivery Program 2013-2017 & Operational Plan 2013-2014 - Bi-annual Report

File: FY00382/6

Vide: GB.8

To report to Council on the progress of the Revised Delivery Program 2013/2017 and Operational Plan 2013/2014, for the period January 2014 to June 2014. 

Resolved:

(Moved: Mayor, Councillor Anderson/Councillor Ossip)

A.    That the report on the six (6) monthly progress review of the Revised Delivery Program, 2013/2017 and Operational Plan 2013/2014 for the period of January 2014 to June 2014 be received and noted.

B.    That 2013/2014 Tasks as listed in the report be carried over for completion in Council’s 2014/2015 Operational Plan.

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

Against the Resolution:         Councillors Berlioz, Malicki and Pettett

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

(Moved: Councillors Malicki/Pettett)

A.      That the report on the six (6) monthly progress review of the Revised Delivery Program, 2013/2017 and Operational Plan 2013/2014 for the period of January 2014 to June 2014 be received and noted.

B.      That 2013/2014 Tasks as listed in the report be carried over for completion in Council’s 2014/2015 Operational Plan.

C.      That P4.1.2.1.1, on page 614, the Term of achievement be carried out as soon as possible as per the resolution of Council dated 10/12/2013.

279

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 24 June 2014

Minutes numbered 187 to 210

Resolved:

(Moved: Councillors Fornari-Orsmond/Ossip)

That Minutes numbered 187 to 210 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting with the exception of the Urgency Motion before Minute No 210 – Staff Matter – General Manager’s Performance Review and that the Urgency Motion and voting be amended as follows:

A.    That Councillor Berlioz voted for the motion of urgency and Councillors Pettett and Szatow voted against the motion of urgency.

B.    That Councillor Szatow departed during discussion of the below item.

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

Against the Resolution:         Councillors Berlioz, Malicki, Pettett and Szatow

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

(Moved: Councillors Malicki/Pettett)

A.      That all the Councillors who gave personal explanations – Councillors Malicki, Berlioz, Armstrong, Szatow and Pettett were not in the room for any formal vote and therefore there was no quorum and therefore no decision.

B.     That Councillor Berlioz voted for the motion of urgency and Councillors Pettett and Szatow voted against the motion of urgency.

C.     That Councillor Szatow departed during discussion of the below item.

280

Graffiti on Utilities in the Area – Henry Street Gordon

File: S05122

Vide: QN.1

Question Without Notice from Councillor Cheryl Szatow

At least 3 months ago, the Operations Department alerted Railcorp to the ugly graffiti on the doors of its sub-station in Henry Street.  The mess is still there.  What can be done about this?

Answer by Director Operations

I’ll take it on notice and I will refer it to Railcorp to see what they are doing.

281

Letter to the Minister of Transport – Culworth Avenue Car Park Killara

File: S10007

Vide: QN.2

Question Without Notice from Councillor Cheryl Szatow

At the last Council Meeting, Councillors voted unanimously for the General Manager to write to the Minister for Transport to offer the Culworth Avenue Car Park in Killara, the second portion on Culworth Avenue, to Transport of NSW.

Has this been done and could Councillors have a copy of the letter, please?

Answer by Director Strategy and Environment

The answer to both questions is yes and I will provide a copy of the letter tomorrow.

282

Meals on Wheels – Display of Promotional Banner at Council Events

File: CY00377/3

Vide: QN.3

Question Without Notice from Councillor Duncan McDonald

At a recent Meals on Wheels (MOW) Board Meeting, it was raised that as a means to increase awareness to this Non for Profit Organisation that they display promotional banners and distribute marketing information and things like edible treats at major Council events such as the Wahroonga Park Music in The Park series.

Would this pose an issue for Council to allow this and is it necessary that it be approved by way of a Notice of Motion given the awareness campaign would not require Staff to do anything but it would be located in or next to the Ku-ring-gai stall?

Answer by Director Community

We can certainly talk with Meals on Wheels about giving them a higher exposure at the events and that type of thing.

283

Land and Environment Court Costs – Comparison to Councils in NSW

File: S05948

Vide: QN.4

Question Without Notice from Councillors Chantelle Fornari-Orsmond

Could the General Manager or the Director Development and Regulation please provide comparison figures for Land and Environment Court costs for all NSW Councils for last financial year when they are available from the State Government, please?

Answer by the General Manager

As soon as the comparative data report comes out, we will send that through to Councillors.

284

10/50 Legislation

File: S10321

Vide: QN.5

Question Without Notice from Councillor Elaine Malicki

What action, if any, is Council taking on the 10/50 Legislation?

Answer by Director Strategy and Environment

Council doesn’t have a position on the 10/50 Legislation other than the submission adopted by Council several weeks ago.

285

General Manager's Performance Review Period of Review - 12 months to May 2014

File: CY00254/6

Vide: C.2

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

Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).

Confidential Mayoral Minute by the Mayor, Councillor Jennifer Anderson dated 15 August 2014.

Resolved:

A.    That Council recognises that overall the General Manager’s performance achieved a MORE THAN SATISFACTORY result for the 2013/2014 performance cycle.

B.    That in accordance with the provisions of the General  Manager’s contract, Council approve an increase to the total remuneration package, as determined by the Statutory and Other Officers Remuneration Tribunal (SOORT), being 1.88% effective on and from 1 July 2014.

C.    That the General Manager be formally advised of Council’s decision.

D.    That reviews are to be conducted twice yearly in November and May with both reviews to be reported back to full Council.

E.    That all Councillors must be given an opportunity to put forward their views for consideration by the Panel.

F.    That the Panel give consideration to the weighting of each KPI.

G.    That the full comments prepared by the Consultant be provided to full Council.

H.    That a portion of each Performance Review be conducted without the General Manager in attendance.

I.     That a date be confirmed with the Consultant to progress the KPIs.

J.    That the Mayor contact Gregor Ptok to inquire as to his availability for performance reviews and if he is not available, that the Mayor contact Employment Solutions to inquire about an alternative consultant.

CARRIED UNANIMOUSLY

Ordinary Meeting of Council - 9 September 2014

GB.1 / 58

Item GB.1

S10082

13 August 2014

purpose of report:

For Council to endorse the attached submission to the Department of Planning and Environment on the North Connex Project Environmental Impact Statement.

background:

The NSW Government announced the preferred scheme for the North Connex tunnel on 16 March 2014. The Environmental Impact Statement (EIS) was placed on public exhibition from 15 July 2014 to 12 September 2014.

comments:

As there are a number of environmental aspects associated with the North Connex project, it was necessary to engage consultants for air quality, noise and vibration and heritage. While Council has heritage advisers on staff, they were not available to assist with Council’s submission due to existing workloads. However, Council’s Strategic Traffic Engineer and Ecological Assessment Adviser were able to provide information to be included in Council’s submission.

recommendation:

That Council endorse the attached submission and covering letter for the North Connex Environmental Impact Statement review for lodgement with the Department of Planning and Environment.

RECOMMENDATION:

That Council endorse the attached submission and covering letter for the North Connex Environmental Impact Statement review for lodgement with the Department of Planning and Environment.

Greg Piconi

Director Operations

Attachments:

A1View

Letter to accompany submission

2014/216987

A2View

Submission - response to Environmental Impact Statement - North Connex project

2014/213843

A3View

Appendix A - consultant review - Air Quality Review

2014/217255

A4View

Appendix B - consultant review - Noise and vibration

2014/217251

A5View

Appendix C - consultant review - Heritage

2014/216945

APPENDIX No: 1 - Letter to accompany submission

Item No: GB.1

APPENDIX No: 2 - Submission - response to Environmental Impact Statement - North Connex project

Item No: GB.1

APPENDIX No: 3 - Appendix A - consultant review - Air Quality Review

Item No: GB.1

APPENDIX No: 4 - Appendix B - consultant review - Noise and vibration

Item No: GB.1

APPENDIX No: 5 - Appendix C - consultant review - Heritage

Item No: GB.1