Present:

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

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors D Citer & C Szatow (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Corporate Communications (Virginia Leafe)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Sigrid Banzer)

307

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/8

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

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    Review Panel to carry out the General Manager's Performance Review

CARRIED UNANIMOUSLY

Late Items:

Refer MM2 – Fit for the Future – Information Session

Councillors Additional Agenda Information –Refer GB.15 -
47 Highfield Road Lindfield - Two Lot Torrens Title Subdivision of a Heritage Listed Property, Construction of a New Dwelling and Removal of Trees - Advice received from a Senior Development Assessment Officer that two of the attachments to the report were incorrect and needed to be replaced within the Book 2 Business Paper, ie Attachment 7  - Council’s Heritage Advisor’s Comments - Record No 2014/213909 replaced by 2014/245714 and Attachment 10 – Heritage Peer Review - Record No 2014/242427 replaced by 2014/245571.

Memorandums:

Refer GB.9 – Amendments to Lindfield Library Site Plan of Management for Public Exhibition – Memorandum from Director Strategy and Environment dated 7 October 2014 advising that the library hours for Lindfield Library were incorrect in the attachment.  The hours stated in the Attachment were: Monday, Tuesday, Thursday and Friday – 10.00am to 5.30pm and Saturday – 10.00am to 1.00pm but the hours should read Monday to Friday – 9.30am to 5.00pm, Saturday – 10.00am to 1.00pm and Sunday – Closed.

308

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 16 September 2014

Minutes numbered 299 to 306

Resolved:

(Moved: Councillors Pettett/McDonald)

That Minutes numbered 299 to 306 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

309

VALE Neroli Lock

File: CY00455/2

Vide: MM.1

I am saddened to advise my Councillor colleagues and our community of the passing of one of our most dedicated environmental volunteers Neroli Lock.

Neroli was an integral part of Ku-ring-gai’s Bushcare volunteer program, joining in 1991. Right up until ill health forced her to step down only weeks ago, Neroli could be found - trowel in hand and always with a smile - working tirelessly to rid Ku-ring-gai of weeds and protect our beautiful environment.

She mentored and encouraged countless other volunteers to share her passion for the local environment. Neroli worked on sites such as William Lewis Park, Ivor Wyatt Reserve and Browns Forest, the latter where she was convenor of the local Bushcare group, as well as further afield when the need arose.

One particular project in which she played a leading part was the saving of an area of Blue Gum High Forest at Rosedale Road  in St Ives, by persuading the Council to purchase the site for permanent protection. This site was to form an extension of the Dalrymple Hay Nature Reserve as it is today. To mark this event, Neroli co-authored a book with other volunteers called The Blue Gum Discovery Kit to help others recognise and protect this critically endangered tree.

Neroli was a great networker, who quickly realised the value of having good relationships with people in all three levels of government. Neroli was able to help secure many valuable grants for various Bushcare groups and she also played a central role in on-the-ground work where liaising with officers from government agencies such as National Parks was crucial to a project’s success. I’m pleased to say that the Council recognised Neroli’s commitment and powers of persuasion by making her a member of our Bushcare advisory group and of our advisory panel on the Ku-ring-gai environmental levy.

Neroli’s contribution to Ku-ring-gai’s environment extended beyond Bushcare to other community-based groups such as STEP, which was formed in the early 1970s ‘to preserve all natural bushland within Ku-ring-gai and its environs from alienation and degradation.’ She was also for many years Chair of the local committee of the Keep Australia Beautiful organisation.

Despite a decade of ill health, Neroli’s drive to do good and her enthusiasm for Ku-ring-gai’s environment never wavered. She has left a legacy of selfless dedication which will be hard to replace and for which we are deeply grateful. On behalf of the Council I offer my sincere condolences to her husband Harry, her family and her many friends at this sad time.

Resolved:

A.    That the Mayoral Minute be received and noted.

B.    That we stand for a minute’s silence to honour Neroli Lock.

C.    That the Mayor write to Mrs Lock’s family and encloses a copy of the Mayoral Minute.

CARRIED UNANIMOUSLY

310

Fit for the Future - Information Session

File: S09638

Vide: MM.2

On Monday 29 September, the General Manager and I attended a Fit for the Future Information Session conducted by senior staff from the Office of Local Government for Mayors and General Managers.  Hereafter are the notes from the information session:

Invitees: Mayors and GM's from Hornsby, Ku-ring-gai, Pittwater, Warringah, Manly, Ryde, Hunters Hill, Lane Cove, Willoughby, North Sydney, Mosman, Gosford and Wyong.

The session was facilitated by the Acting Chief Executive for the office of Local Government, Mr Steve Orr.

The session was provided as an opportunity to hear more about the "Fit for the Future" package and the one stop shop which has been established by the Office of Local Government to assist Councils.

Introduction from Minister for Local Government, Paul Toole.

Fit for the future package was announced two weeks ago. The package traces back to the destination 2036 workshop held in Dubbo in 2011.

More recently the "Future Directions for LG" paper was undertaken. The paper includes 65 recommendations which have been released in full by the State Government. These recommendations form the core of the fit for the future package.

The Minister reinforced that the current suite of recommendations respond to feedback from LG as an industry.

History of reform review

- 2011 Destination 2036

- 2012 T-Corp Sustainability Review

- 2012 LG Infrastructure Audit

- 2012-2014 Independent LG review

- 2012 -2014 LG Acts Task-force

- 2014 Fit For the Future Package

The "Fit for the Future" package provides significant incentives for those Council's that wish to merge on a voluntary basis (up to $1 billion). 

This amount is broken up as follows:

- incentives to encourage mergers - $258 m (will be provided as a grant).

- reductions in red tape - $100m

- cheaper loan borrowings - $600m

- incentives to encourage new regional joint organisations - $5.3m

- local transition committees to support mergers - $13m

- technical support to assist in developing fit for the future submissions

The Minister reinforced that he is committed to reviewing the current system of rating in NSW. This review will be undertaken by IPART.

Review of the FAG Grant - the Government is committed to altering the current method of distributing the FAG grant to ensure that additional funding is provided to those Councils in greatest financial need - i.e. Central Darling in the far West. Larger Urban Councils such as Ku-ring- gai will almost certainly receive less in real terms as a result.

The package will also develop a new performance measurement framework so that Councils and their constituents can easily understand how their Local Council is performing.

The government is currently in the process of reviewing Local Governments interaction with State Government agencies to reduce the level of red tape which currently exists. The burden placed on councils by regulatory requirements was acknowledged.

Governance reform - changes to include 2 year terms for Mayors together with tighter definition as to the roles of Mayors and GM's respectively. The Auditor General will provide an oversight of all Council Audits to ensure greater consistency and reliability of figures contained therein.

The Mayor raised the issue of uncertainty over the accuracy of infrastructure backlog ( special schedule 7). Steve Orr confirmed that from 2015 - 2016, auditors will be required actually audit the schedule (until now the schedule has been unaudited).

The new LG Act will be phased in from 2016-2017. Some minor changes around procurement will be introduced in the shorter term.

The key timeframe for much of the current reform package is centred around the LG elections to be held in 2016. The Minister reinforced that this date will not be put back, the possible exception being where certain Councils are in the midst of merging at that point.

Under the package, Councils will be able to borrow at the same rate as State Government. Over the last 2 years, debt across the industry has increased by $500 million.

Cheaper loan borrowings will only be available to Councils that qualify as being fit for the future. It is envisaged that this scheme will commence from 1July 2015. The question was raised as to whether it will only apply to new debt or will also allow existing debt to be refinanced at cheaper rates.

Transition committees will comprise the Mayor, GM and one other Councillor from each Council who is preparing to merge. Elected members on these committees will be paid $5,000 per month for carrying out this task.

There will be no financial incentives for councils with alternative proposals outside the Fit for the Future plan. However, if the Independent Review Panel recommended councils A,B and C merge but councils would like to propose instead that councils A, B and D merge, that will be open to consideration.

In terms of Joint Regional Organisations, the government’s view is that the size and scale of Councils in metropolitan Sydney should be looked at in the first instance. This does not rule out the establishment of Joint organisations at a point in the future.

The Minister reinforced that Councils must establish financial sustainability to qualify as being fit for the future.

- $10.5 million will be provided to each Council in Sydney who agrees to merge.

- an additional $3m is available for each additional 50,000 in population above 250,000 to a total cap of $22.5m

- The Government does not view 250,000 as a minimum size in a merged Council scenario. This was merely the recommendation in the future directions paper.

What is the government asking Council's to do?

1. Council's to review their current situation 2. Prepare a submission by 30 June 2015.

3. Make the transition ( depending on circumstances).

Becoming fit for the future?

Do you have the right scale and capacity?

This is based on the recommendations of the Independent Local Government review Panel.

If the answer to this is yes, then Council's proceed to establish sustainability and efficiency. If no, then proceed to the structural reform roadmap which is broadly consistent with the recommendations of the panel.

The three independent people who will review the submissions from councils will not include any of the three members of the Independent Review Panel.

A self-assessment tool will be sent to councils by late October as a template to help council submissions. Information on community consultation will be included therein.

The question was raised as to why Councils that demonstrate financial sustainability should be forced to increase their size???

The Minister stressed that no lines have been drawn on a map. It is a genuinely voluntary package, backed by the most comprehensive funding strategy ever developed in this country.

In terms of rating structures, the Minister commented that rates in a merged situation would not necessarily need to be consolidated from day one. It may be phased in over a number of years; i.e. - Councils may be able to maintain a separate rate in the dollar in the short to medium term.

The broad timeframe working to forward to the next LG elections in September 2016 was then outlined. At that point, it is envisaged that all mergers would be complete and the new LG Act will be in place.

Questions were raised about the rushed timeline for mergers before the 2016 local government elections. The response indicated that it was probable not all 152 councils will merge so only the merging councils will be busy meeting the pre-election timeline.

Steve Orr confirmed that the process of boundaries commission will be simplified to avoid a two tiered process. Where Councils agree to merge on a voluntary basis, then there is no need for the boundaries commission to be involved at all.

Resolved:

That the Mayoral Minute be received and noted.

CARRIED UNANIMOUSLY

311

Petition to Provide Space for Marian Street Theatre for Young People in Marian Street Theatre at Affordable Rates - (One Thousand, Seven Hundred and Thirty [1,730] Signatures)

File: S10095

Vide: PT.1

The following Petition was presented by Councillor David Citer:

“Petition by Marian Street Theatre for Young People, Sydney - BRING MSTYP HOME.

Marian Street Theatre for Young People CMSTYP) i s the oldest children's theatre in Australia.  Marian Street Theatre has been its home for 45 years, providing a performance venue and important administration , rehearsal and storage space.

As a not-for-profit organization, MSTYP has helped young people create prize-winnin g theatre for children and their families for generations.  Its you ng people take responsibility in all areas of theatre-making and gain invaluable life skills which benefit the community.

In December 2013, Ku-ring-gai Council required MSTYP to leave its home at the theatre at short notice for safety reasons so that the theatre can be renovated.  However, Council's current plans are to tum it into a commercial venue for hire.  MSTYP will have no class, administration , rehearsal or storage space.  We will only be able to perform there at unaffordable rates.  This is despite many Council resolutions stating their management model should support MSTYP at the theatre.  Without this vital support MSTYP cannot survive.

MSTYP has wide-spread passionate community support.  Please keep this vital community cultural icon alive by asking Ku-ring-gai Council to keep its word and let MSTYP retum to its home at Marian Street Theatre with the facilities it needs, at prices it can afford.”

Resolved:

(Moved: Councillors Citer/Szatow)

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

CARRIED UNANIMOUSLY

312

Ku-ring-gai Amateur Swimming Club Inc - Licence of Club Room - Ku-ring-gai Fitness and Aquatic Centre - West Pymble

File: S10142

Vide: GB.1

For Council to grant a licence agreement to the Ku-ring-gai Amateur Swimming Club (KASC) Inc to occupy club room premises located within the Ku-ring-gai Fitness and Aquatic Centre (KFAC) at Bicentennial Park West Pymble.

Resolved:

(Moved: Councillors Szatow/Malicki)

A.    That Council grant a licence agreement to Ku-ring-gai Amateur Swimming Club Inc for club room premises located within the new Ku-ring-gai Fitness and Aquatic Centre.

B.    That the licence agreement be for a period of 12 months.

C.    The licence fees be waived for the first 12 months.

D.    That all swimming or related activities organised by Ku-ring-gai Amateur Swimming Club Inc during the licence period be subject to the direction and approval of YMCA of Sydney.

E.    That a further report be submitted to Council before the expiry of the 12 month licence period regarding the renewal of the licence agreement for a further term. 

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

G.    That Council authorise the affixing of the Common Seal of Council to the Licence Agreement.

CARRIED UNANIMOUSLY

313

Disclosures of Interest Returns Register

File: CY00440/2

Vide: GB.2

To table Council’s Disclosure of Interest Returns Register in accordance with Section 449 of the Local Government Act 1993.

Resolved:

(Moved: Councillors Szatow/Pettett)

That the tabling of the Disclosure of Interest Returns Register be noted. 

CARRIED UNANIMOUSLY

314

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

File: S03779/2

Vide: GB.3

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

Resolved:

(Moved: Councillors Szatow/Fornari-Orsmond)

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

B.    That the draft policy be placed on public exhibition for a period of 28 days, during which time comment on the policy will be requested.

C.    That a further report be provided to Council immediately following the public exhibition period detailing all comments received, with a recommendation of a final policy.

CARRIED UNANIMOUSLY

315

Municipal Association of Victoria Age-Friendly Communities and Local Government National Conference - A Commitment to Change

File: CY00043/6

Vide: GB.5

To advise Council of the Municipal Association of Victoria Age-friendly Communities and Local Government National Conference – A Commitment to Change.

Resolved:

(Moved: Councillors Szatow/Pettett)

That  all interested Councillors advise the General Manager of their interest in attending the Municipal Association of Victoria Age-friendly Communities and Local Government National Conference by Friday, 10 October 2014.

CARRIED UNANIMOUSLY

316

Investment Report as at 31 August 2014

File: S05273

Vide: GB.6

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

Resolved:

(Moved: Councillors Szatow/McDonald)

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

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

CARRIED UNANIMOUSLY

317

National Local Roads and Transport Congress in Tamworth

File: S03779/2

Vide: GB.7

To advise Council of the 2014 National Local Roads and Transport Congress in Tamworth.

Resolved:

(Moved: Councillors Szatow/Pettett)

That all interested Councillors advise the General Manager of their interest in attending the 2014 National Local Roads and Transport Congress by Friday, 10 October 2014.

CARRIED UNANIMOUSLY

318

Update Report on the Development Contributions System

File: S06785/3

Vide: GB.8

The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system over the past six months and anticipated actions and highlights for the coming twelve months.  

Resolved:

(Moved: Councillors Szatow/McDonald)

A.    That the latest update report on the development contributions system in Ku-ring-gai be received and noted;

B.    That Council authorise the commencement of research and drafting of an indirect contributions plan and that a further report be presented to Council prior to exhibition.

C.    That the property at 4 William Street, Turramurra be retained for the purposes of a local centre road and not be divested in accordance with the Ordinary Meeting of Council resolution of 31 July 2012.

CARRIED UNANIMOUSLY

319

Amendments to Lindfield Library Site Plan of Management for Public Exhibition

File: S06604/2

Vide: GB.9

To amend the Lindfield Library Site Plan of Management to expressly authorise the private residential leasing of the former Arrunga Aged Care Self-Contained Units and place the draft Plan on public exhibition.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.    That Council amend section 2.7 of the draft Lindfield Library Site Plan of Management to expressly authorise the leasing of the former Arrunga Aged Care Self-Contained Units for private residential purposes.

B.    That the draft Lindfield Library Site Plan of Management be placed on public exhibition for a period of 28 days plus a further 14 days for submissions in accordance with the NSW Local Government Act 1993.

C.    That the draft Lindfield Library Site Plan of Management be brought back to Council following public exhibition to consider any public submissions received and adopt the Plan.

CARRIED UNANIMOUSLY

320

904-914 Pacific Highway Gordon - Partial Demolition, Alterations and Additions to a Commercial Building comprising a Cafe, Two Commercial Suites and Ninety Residential Apartments to create a Nine Storey Mixed Use Development

File: DA0407/13

Vide: GB.10

Partial demolition, alterations and additions to a commercial building comprising a café, two commercial suites and ninety residential apartments to create a nine storey mixed use development.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.   THAT Council, as the consent authority, is satisfied that the request under Clause 4.6 of Ku-ring-gai Local Centres LEP 2012 to vary the ground floor development, height and floor space ratio development standards is well founded. Council is also satisfied that the proposed development will be in the public interest and is consistent with the objectives of the development standard and the B4 Mixed Use zone.

AND

B.   THAT Council, as the consent authority, grant development consent to DA0407/13 for Partial demolition, alterations and additions to a commercial building comprising café, two commercial suites and ninety residential apartments to create a mixed use development at 904 - 914 Pacific Highway Gordon for a period of two years from the date of the notice of determination, subject to the following conditions:

Conditions that identify approved plans:

1.       Approved architectural plans and documentation (new development)

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

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.

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

3.       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

4.       Notice of commencement

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

Reason:    Statutory requirement.

5.       Notification of builder’s details

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

Reason:    Statutory requirement.

6.       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 Pacific Highway northbound and Fitzsimons Lane over the site frontage

·          all driveway crossings and laybacks opposite the subject site in Fitzsimons Lane

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.

7.       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.

8.       Construction and traffic management plan

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

The plan is to consist of a report with Traffic Control Plans attached, and is to detail construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control.

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

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

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

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

·          demolition

·          excavation

·          concrete pour

·          construction of vehicular crossing and reinstatement of footpath

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

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

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

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

9.       Work zone

A Works Zone is to be provided in Fitzsimons Lane 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.

10.     Temporary construction exit

A temporary construction exit, together with necessary associated temporary fencing, shall be provided prior to commencement of any work on the site and shall be maintained throughout the duration and progress of construction.

Reason:    To reduce or eliminate the transport of sediment from the construction site onto public roads.

11.     Sediment controls

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

The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised.  Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.

Reason:    To preserve and enhance the natural environment.

12.     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.

13.     Tree protection fencing

To preserve the existing tree/s in the vicinity of the works, no work shall commence until the area beneath their canopy is fenced off in accordance with the Tree Protection Plans, Appendix 6, Arborist Report prepared by Earthscape Horticultural, dated October 2013, 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.

14.     Tree protective fencing type galvanised mesh

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

Reason:   To protect existing trees during construction phase.

15.     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.

16.     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.

17.     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.

18.     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.

19.     Noise and vibration management plan

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

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

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

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

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

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

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

·     noise and vibration monitoring, reporting and response procedures

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

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

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

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

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

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

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

20.     Voluntary planning agreement

The owner of the land shall enter into a voluntary planning agreement for:

(a)   The dedication of the south-east part of the site as shown on the approved architectural plans; and

(b)   The carrying out of works including road works, drainage works, footpath works in accordance with these plans and conditions.

In accordance with the terms of the offer made by the owners of the land to Ku-ring-gai Council in their letter to Council, dated 23 April 2014.

Reason:    To facilitate the dedication of land.

21.     Geotechnical report

A geotechnical report by a suitably qualified and consulting geotechnical engineer must be provided to the Principle Certifying Authority prior to the release of the Construction Certificate for excavation works.

The report is to provide recommendations over geotechnical aspects of the development work including:

·     appropriate excavation method and vibration control

·     support and retention of excavated faces

·     hydro-geological considerations

Reason:    To ensure the safety and protection of property.

22.     Waste storage

A fully enclosed waste storage area, sufficient in size to store all garbage and recycling bins from the premises, must be provided in an easily accessible location and close to a waste collection point. The enclosed waste storage area must be easily cleanable; graded and drained to a floor waste which is connected to sewer; and have a water tap in close proximity to facilitate cleaning. Full details of the storage area as above are to be provided to the Principal Certifying Authority at the Construction Certificate stage.

Reason:   To protect public health.

23.     Basement parking and Intercom system

The basement car park entry must be provided with an intercom system and each ground level entry are to the building must have an intercom system. Details of the intercom system must be provided prior to the issue of a construction certificate.

Reason:    To provide security and convenience to residents.

24.     Site cranes

Site cranes and hoists may be erected within the boundaries of the site subject to compliance with the relevant provisions of the Australia Standards AS 1418:2005 Crane, hoists and winches, Australian standards AS 2549:1996 Cranes (including hoists and winches) and Australian Standards AS2550:2002 Cranes, hoists and winches.

Cranes must not swing or hoist over any public property unless the relevant approval under the Local Government Act 1993, Crown Lands Act 1989, or the Roads Act 1993 has been obtained prior to the commencement of works.

The use of cranes and hoists must comply and hoists must comply with the approved hours of construction.  The cranes must not be illuminated outside approved working hours.  No illumination signs are to be erected upon or displayed upon any crane.

Reason:    Protection of public places.

25.     Roads and Maritime Services - excavation

The developer is to submit design drawings and documents relating to the excavation of the site and support structures to RMS for assessment, in accordance with Technical Direction GTD2012/001.

The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by RMS.

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124

Telephone 8848 2114

Fax 8849 2766

If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) days notice of the intention to excavate below the base of the footings.  The notice is to include complete details of the work.

Reason:    To comply with RMS requirements.

26.     Roads and Maritime Services - noise mitigation

The proposed development should be designed such that traffic noise from adjacent public roads is mitigated by durable materials and comply with requirements of Clause 102 (impact of road noise or vibration on non-road development) of State Environmental Planning Policy (Infrastructure) 2007.

Reason:    To comply with RMS requirements.

27.     Amendments to approved landscape plan

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

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

·     the planter size and location shown on the landscape plans are to be amended in accordance with the architectural plans.

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

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

Reason:   To ensure adequate landscaping of the site

28.     Amendments to approved engineering plans

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

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

1.    the rainwater retention and re-use system is to be designed to achieve a 50% reduction in runoff days.  If necessary, rainwater re-use is to be extended to include toilet flushing and clothes washing

2.    water quality measures are to be provided to achieve Council's pollution reduction targets

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

·          Ku-ring-gai Local Centres Development Control Plan Volume C Parts 4B.3 and 4B.6.

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

Reason:         To ensure that the engineering plans are in accordance with the Ku-ring-gai Local Centres DCP.

29.     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.

30.     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.

31.     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.

32.     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.

33.     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.

34.     Access for people with disabilities (commercial)

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

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

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

35.     Access for people with disabilities (residential)

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

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

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

36.     Adaptable units

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

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

Reason:    Disabled access & amenity.

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.     Noise from road and rail (residential only)

Prior to the issue of the Construction Certificate, the Certifying Authority shall submit evidence to Council demonstrating that the development will be acoustically designed and constructed to ensure that the following LAeq levels are not exceeded:

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

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

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

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

39.     Noise from plant in residential zone

Where any form of noise generating equipment associated with the use of the premises including but not limited to air conditioning systems, mechanical exhaust and ventilation systems, security gates, lift motors and the like, is proposed as part of the development, the Certifying Authority shall be satisfied prior to the issue of the Construction Certificate, that the operation of an individual piece of equipment and the operation of all of the equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the nearest affected residence and property boundaries and when in operation will not be audible within a habitable room in any residential premises before 7am and after 10pm on any day.

Note:         A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant, including but not limited to the noise sources listed above, in isolation or in combination with other plant will comply with the above requirements.

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

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 alternatively integrated into the roof form such that it is not visible from the public domain or adjoining properties.

C1.  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.     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:

·     a clear height clearance of 2.6 metres (required under DCP40 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.

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

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

·     construction of road works in Fitzsimons Lane as contained in any Voluntary Planning Agreement between the applicant and Council;

·     extension of the street drainage system in 375mm diameter rubber ring joint concrete pipe between the outlet at the site frontage and the nearest street drainage pit.

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

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

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

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

43.     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.

44.     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.

45.     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):

46.     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.

47.     Section 94 Contributions - centres.

This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a S94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:

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

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

Copies of Council’s Contribution Plans can be viewed at Council Chambers,
818 Pacific Highway 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:

48.     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.

49.     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.

50.     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.

51.     Asbestos works

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

Reason:   To ensure public safety.

52.     Hazardous materials

All hazardous materials being exposed/disturbed during the demolition and construction work must be managed in accordance with the recommendations of the Hazardous Materials Audit (Report ID: EBG.HMA-02306.rpt) dated June 2013 Prepared by EBG Environmental Geoscience.

Reason:    To ensure public safety.

53.     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 Environmental Protection Authority Assessing Vibration - a Technical Guideline.

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

54.     Roads and Maritime Services - Road Occupancy Licence

A Road Occupancy Licence should be obtained from TMC for any works that may impact on traffic flows on Pacific Highway during construction activities.

Reason:    To comply with RMS requirements.

55.     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.

56.     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.

57.     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.

58.     Construction noise

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

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

59.     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.

60.     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/or drive-through washing bays

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

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

61.     Geotechnical advice and monitoring

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

Geotechnical aspects of the development work, namely:

·     appropriate excavation method and vibration control

·     support and retention of excavated faces

·     hydro-geological considerations

must be undertaken in accordance with the recommendations of the consulting geotechnical engineer. 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.

62.     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.

63.     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.

64.     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.

65.     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.

66.     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.

67.     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.

68.     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.

69.     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.

70.     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.

71.     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.

72.     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.

73.     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 Earthscape Horticultural, dated October 2013, 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.

74.     Canopy/root pruning

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

Reason:    To protect the environment.

75.     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.

76.     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.

77.     Tree planting on nature strip

The following tree species shall be planted, at no cost to Council, in the nature strip fronting the property along Fitzsimmons Lane.  The tree/s used shall be a minimum 25 litres container size specimen/s:

Reason:    To provide appropriate landscaping within the streetscape.

78.     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.

79.     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.

80.     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:

81.     Noise

All noise generating equipment associated with the use of the premises including but not limited to air conditioning systems, mechanical exhaust and ventilation systems, security gates, lift motors and the like must not exceed the background noise level by more than 5 decibels between 7am and 10pm when measured at the nearest affected residence and property boundary.

Note:       Written confirmation from a suitably qualified acoustic consultant that the development achieves compliance with this noise criteria is to be submitted to the Principal Certifying Authority prior to the release of the Occupation Certificate.

Reason:   To protect the residential amenity.

All noise generating equipment associated with the use of the premises, including but not limited to air conditioning systems, mechanical exhaust and ventilation systems, security gates, lift motors and the like must not exceed the background noise level at all between 10pm and 7am at the nearest affected residence and property boundary.

Note:         Written confirmation from a suitably qualified acoustic consultant that the development achieves compliance with this noise criteria is to be submitted to the Principal Certifying Authority prior to the release of the Occupation Certificate.

Reason:   To protect the residential amenity.

Written confirmation is to be submitted to the Principal Certifying Authority from a suitably qualified acoustic consultant that the development complies with Australian Standard AS3671-1989; AS2107-2000; BCA noise requirements between occupancy types; the NSW Planning ‘Development Near Rail Corridors and Busy Roads - Interim Guidelines December 2008’ (DNRCBR 2008) and noise reduction recommendations of the acoustic consultant report (Reference: Wilkinson Murray Road and Rail Acoustic Impact DA Noise Assessment Report No. 13212 Version A - dated October 2013) prior to the release of the Occupation Certificate.

Reason:   To protect the residential amenity.

82.     Easement for waste collection

Prior to issue of the Occupation Certificate, an easement for waste collection is to be created under Section 88B of the Conveyancing Act 1919.  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.

83.     Street/shop number required

A street / shop number must be clearly displayed at the ground level frontage of the building prior to the issue of an Occupation Certificate. 

Reason:    To identify each lot.

84.     Separation of parking in mixed use development

The parking bays proposed for the commercial component of the development shall be clearly identified from the residential component of the development. Parking shall be clearly designated, marked and signed. In addition, the parking bays must be appropriately marked or signed to indicate which residential unit they have been allocated to. Car spaces that are stacked must be allocated to the same residential unit.

Reason:    To provide convenience to residents.

85.     Gates

Any gates must be installed so they do not open onto Council’s Footpath

Reason:    Adequate access and egress and pedestrian safety.

86.     Business premises - amenity

The business shall be conducted and patrons controlled at all times so that no interference occurs to the amenity of the area, adjoining occupations and residential premises.

Reason:    To protect residential amenity

87.     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. 508804M_04 have been complied with.

Reason:    Statutory requirement.

88.     Clothes lines 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.

89.     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:

The installation and performance of the mechanical systems complies with:

·     The Building Code of Australia

·     Australian Standard AS1668

·     Australian Standard AS3666 where applicable

Reason:    To protect the amenity of surrounding properties.

90.     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.

91.     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 the ongoing health and protection of trees

92.     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.

93.     Retention and re-use positive covenant

If retained roofwater is to be used inside the building, eg for toilet flushing and/or clothes washing, then 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.

94.     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.

95.     Certification of drainage works

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

·     basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3

·     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.

96.     WAE plans for stormwater management and disposal

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.

97.     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.

98.     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.

99.     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.

Conditions to be satisfied at all times:

100.   Through site link

The pedestrian through site link between the Pacific Highway and Fitzsimons Lane shall be made available for use by the public during daylight hours.

Any outdoor lighting of the through site link shall comply with AS/NZ1158.3:1999 pedestrian Area Lighting and AS4282:1997 Control of the Effects of Outdoor Lighting.

Reason:   To provide safe pedestrian permeability and street activation.

101.   Garbage and recycling facilities

All waste and recycling bins associated with the premises are to be stored within the designated internal waste storage area.

Reason:   To prevent pollution of the environment and to protect the amenity of the area.

102.   Waste collection

At all times, all storage of waste, collection of waste and loading and unloading of waste collection vehicles in connection with the use of the premises shall be carried out wholly within the building.  Occupiers of the building shall not at any time store waste collection receptacles or any form of waste external to the building/ basement.

Reason:    To ensure safe traffic movement, neighbourhood amenity and prevent pollution of the environment.

103.   Delivery and grease trap pump

Deliveries to and from the commercial/office/cafe are not to occur between 10:00pm and 6:00am. The grease trap is not to be pumped out between 10:00pm and 6:00am. All delivery vehicles shall enter and leave the site in a forward direction.

Reason:    To protect residential amenity.

104.   Shopfronts

No advertising flags or banners or the like are to be erected on or attached to the shopfront without the consent of Council.

Merchandise, stored materials, A frame signs or the like must not be placed on the footway of other public areas without the consent of Council. This does not apply to development that is “Exempt development”

Reason:    Protection of public places.

105.   No goods displayed outside the premises

No goods are to be displayed outside the confines of the building, unless separate approval and a licence under the Road Act 1993 is obtained from Council.

Reason:    To protect public places.

106.   Flashing lights

No flashing, moving or intermittent lighting, visible from any public place may be installed on the premises or external sign associated with the development.

Reason:    To protect residential amenity.

107.   Signage - illumination

Signage must not be illuminated between the hours of 11.00pm and 7.00am daily.

Signage must not flash or have any moving components.

Any wiring to approved signage must be concealed within the fabric of the building or contained behind the sign and must not be visible on the facade of the building.

Reason:    To protect residential amenity.

108.   Signage approval

A separate development application for any proposed signs which are either externally fitted or applied must be submitted for the approval of Council, prior to the erection or display of any such signs. This does not apply to signs which are classified as being “Exempt Development”.

Reason:    To protect residential amenity.

109.   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: 2005 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Reason:    To protect the amenity of surrounding properties.

110.   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.

111.   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.

112.   Hours of operation - commercial premises

At all times, the hours of operation for the commercial premises are to be restricted to:

Monday to Friday 8.00 am to 7.00 pm

Saturday 9.00 am to 4.00 pm

Sunday and public holidays No trading permitted

Reason:    To protect the amenity of the area.

113.   Hours of operation - cafe

At all times, the hours of operation for the commercial premises are to be restricted to:

Monday to Friday 7.00 am to 7.00 pm

Saturday 9.00 am to 6.00 pm

Sunday and public holidays 9.00 am to 4.00 pm

Reason:    To protect the amenity of the area.

114.   Seating capacity

The seating capacity of the cafe is to be restricted to a maximum of 50 patrons at any one time.

Reason:    To protect the amenity of surrounding residents.

115.   Annual fire safety statement

Each 12 months after the installation of essential fire or other safety measures, the owner of a building must cause the Council to be given an Annual Fire Safety Statement for the building. In addition a copy of the statement must be given to the NSW Fire Commissioner and a copy displayed prominently in the building.

Reason:    To ensure statutory maintenance of essential fire safety measures.

CARRIED UNANIMOUSLY

321

28 Karranga Avenue Killara - Alterations and Additions to Dwelling - Heritage Conservation Area

File: DA0263/14

Vide: GB.11

Alterations and additions to dwelling.

Resolved:

(Moved: Councillors Szatow/Citer)

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

A.    THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No.1 – Development Standards to clause 60 C of the Ku-ring-gai Planning Scheme Ordinance in respect of the Built Upon Area development standard is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case.

AND

B.    THAT Council, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to DA0263/14 is consistent with the aims of the Policy, grants development consent to DA0263/14 for alterations and additions at 28 Karranga Road, Killara, subject to the following conditions:

Conditions that identify approved plans:

1.     Approved architectural plans and documentation

The development must be carried out in accordance with 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.     No demolition of extra fabric

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

Reason:      To ensure compliance with the development consent.

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

4.     Asbestos works

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

Reason:      To ensure public safety

5.     Notice of commencement

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

Reason:      Statutory requirement.

6.     Notification of builder’s details

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

Reason:      Statutory requirement.

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

7.     Front terrace balustrade colour

The paint colour of the front terrace balustrade shall be a dark recessive colour, preferably black.

Reason:     To protect the Conservation area.

8.     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.

9.     Builder’s indemnity insurance

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

It is the responsibility of the applicant, builder or developer to arrange the builder's indemnity insurance for residential building work over the value of $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.

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

10.   Infrastructure restorations fee

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

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

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

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

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

e)      In this condition:

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

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

Reason:       To maintain public infrastructure.

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

11.   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.

12.   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.

13.   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.

14.   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.

15.   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.

16.   Road reserve safety

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

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

17.   Services

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

Reason:      Provision of utility services.

18.   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.

19.   Drainage to existing system

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

Reason:      To protect the environment.

20.   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.

21.   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.

22.   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:

23.   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.A191425_03 have been complied with.

Reason:      Statutory requirement.

24.   Infrastructure repair

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.

Reason:      To protect public infrastructure.

25.   Swimming pool (part 1)

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

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

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

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

Reason:      To ensure the safety of children.

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

Reason:      To protect the amenity of surrounding properties.

Conditions to be satisfied at all times:

26.   Swimming pool (part 2)

At all times:

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

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

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

Reason:      Health and amenity.

CARRIED UNANIMOUSLY

322

49A Chilton Parade Warrawee - Alterations and Additions - Heritage Conservation Area

File: DA0259/14

Vide: GB.13

To determine Development Application DA0259/14 for alterations and additions.

Resolved:

(Moved: Councillors Szatow/Fornari-Orsmond)

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

THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 - Development Standards to the Built-upon Area development standard in clause 60C of the Ku-ring-gai Planning Scheme Ordinance is well founded.  The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case.

THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to DA0259/14 is consistent with the aims of the Policy, grant development consent to DA0259/14 for alterations and additions on land at 49A Chilton Parade Warrawee, for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1.       Approved architectural plans and documentation (new development)

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

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

2.       No demolition of extra fabric

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

Reason:    To ensure compliance with the development consent.

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

3.       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

4.       Notice of commencement

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

Reason:    Statutory requirement.

5.       Notification of builder’s details

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

Reason:         Statutory requirement.

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

6.       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.

7.       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.

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

8.       Infrastructure restorations fee

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

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

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

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

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

e)      In this condition:

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

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

Reason:    To maintain public infrastructure.

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

9.       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.

10.     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.

11.     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.

12.     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.

13.     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.

14.     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.

15.     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.

16.     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.

17.     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.

18.     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.

19.     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.

20.     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.

21.     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.

22.     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.

23.     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.

24.     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.

25.     Drainage to existing system

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

Reason:         To protect the environment.

26.     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.

27.     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.

28.     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:

29.     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. A193501 have been complied with.

Reason:         Statutory requirement.

30.     Infrastructure repair

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.

Reason:         To protect public infrastructure.

CARRIED UNANIMOUSLY

323

10 The Comenarra Parkway West Pymble - Alterations and Additions to a Dwelling House

File: DA0220/14

Vide: GB.14

Alterations and additions to a dwelling house.

Resolved:

(Moved: Councillors Szatow/Pettett)

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

THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 – Development Standards to clause 46 of the Ku-ring-gai Planning Scheme Ordinance is well founded.  Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case.

AND

THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to DA0220/14 is consistent with the aims of the Policy, grant development consent to DA0220/14 for alterations and additions to a dwelling house on land at 10 The Comenarra Parkway West Pymble, for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1. Approved architectural plans and documentation (alterations and additions)

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.

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

3. 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

4. Notice of commencement

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

Reason:         Statutory requirement.

5. Notification of builder’s details

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

Reason:         Statutory requirement.

6. Sediment controls

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

The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.

Reason:    To preserve and enhance the natural environment.

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

7. 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.

8. 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.

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

9. Infrastructure restorations fee

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

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

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

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

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

e)      In this condition:

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

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

Reason:    To maintain public infrastructure.

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

10. 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.

11. 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.

12. 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.

13. 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.

14. Construction noise

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

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

15. 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.

16. 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.

17. Use of road or footpath

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

Reason:         To ensure safety and amenity of the area.

18. Guarding excavations

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

Reason:         To ensure public safety.

19. Toilet facilities

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

Reason:         Statutory requirement.

20. Protection of public places

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

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

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

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

Reason:         To protect public places.

21. 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.

22. 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.

23. 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.

24. 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.

25. Drainage to existing system

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

Reason:         To protect the environment.

26. 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.

27. 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.

28. 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:

29. Infrastructure repair

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.

Reason:         To protect public infrastructure.

Conditions to be satisfied at all times:

30. Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

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

Design and Construction

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

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

3.    Windows assemblies on the south-eastern, south-western and north-eastern elevations shall comply with modified Sections 3 and 9 of AS3959 (as above) or the following:

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

ii.  They shall comply with the following:

a) Window frames and hardware shall be metal;

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

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

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

4.    External doors on the south-eastern, South-western and north-eastern elevations (not including garage doors) shall comply with modified Sections 3 and 9 of AS3959 (as above) or the following:

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

ii.  They shall comply with the following:

a) Doors shall be non-combustible;

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

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

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

e) Doorframes shall be metal;

f)  Doors shall be tight fitting to the doorframe or an abutting door; g) Weather strips, draught excluders or draught seals shall be installed if applicable.

5.    New construction on the north-western elevation shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

General Advice - consent authority to note

The Service recognises that the site is constrained and that the proposed development falls within the Flame Zone. Flame Zone development is high risk development; consequently, in situations such as this, the Service seeks to improve the overall fire safety of the existing development. This requires greater emphasis on construction standards, landscaping, siting, and vegetation management practices to ensure improved levels of protection are afforded to the development, its occupants and fire fighters. The Service has undertaken a merit based assessment of the proposal and provides the above advice in accordance with 'Planning for Bush Fire Protection 2006'.

Reason:    To ensure compliance with Rural Fire Service requirements and to minimise fire hazards.

CARRIED UNANIMOUSLY

324

Procedures

File: S09469

Vide: NM.1

Notice of Motion from Councillor Malicki dated 25 September 2014

I move that the following procedures operate in Ku-ring-gai Council and that the relevant Codes be altered to reflect the changes.  If there is any requirement to exhibit these changes, then these procedures be trialled in the interim:

“A   All Council meetings commence with the Mayor seated in the front of the Chamber.  At the appointed time, the Mayor will ask all present to rise for the Prayer and Recognition of the Traditional Custodians then continue with the approved Order of Meeting items.

B     If any Councillor calls for a Dissent to be recorded, that Councillor’s Dissent will be included in the Minutes as well as the vote for and against any resolution.  Minutes will record the names For and Against the motion, then will add “Councillor X Dissenting”.

C     All Councillors are to be recognised equally on plaques, at functions, openings and in any media released by Council, bearing in mind that the Mayor and the General Manager are Council's official spokespeople.  If necessary, a policy should be prepared to clarify the details of this practice.”

Resolved:

(Moved: Councillors Malicki/Berlioz)

A     That all Council meetings commence with the Mayor seated in the front of the Chamber.  At the appointed time, the Mayor will ask all present to rise for the Prayer and Recognition of the Traditional Custodians then continue with the approved Order of Meeting items.

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

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

The voting being EQUAL,

the Mayor exercised her Casting Vote

AGAINST the Motion

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

B     That, if any Councillor calls for a Dissent to be recorded, that Councillor’s Dissent will be included in the Minutes as well as the vote for and against any resolution.  Minutes will record the names For and Against the motion, then will add “Councillor X Dissenting”.

CARRIED UNANIMOUSLY

C     That all Councillors are to be recognised equally on plaques, at functions, openings and in any media released by Council, bearing in mind that the Mayor and the General Manager are Council's official spokespeople.  If necessary, a policy should be prepared to clarify the details of this practice.”

CARRIED UNANIMOUSLY

325

10/50 Vegetation Clearing Code Meeting with Rural Fire Service (RFS) Commissioner

File: S10321

Vide: NM.3

Notice of Motion from Councillor Berlioz dated 29 September 2014

On 1 August 2014 the NSW Government implemented the 10/50 Vegetation Clearing Code of Practice allowing easy removal of vegetation within areas designated by RFS as Vegetation Clearing Entitlement Areas.

It should be noted that maps of Vegetation Clearing Entitlement Areas were never exhibited for public comment.

While Council fully supports sound bushfire management plans and the need to keep people and properties safe, the Code is flawed and requires amendments to make sure it is used appropriately, is effective and does not cause irrevocable environmental damage. On 9 September 2014 Council unanimously resolved to make representation to the Minister for Police and Emergency Services and the Minister for the Environment and request a suspension of the Code while a full consultative review is undertaken.

Since that time, many residents have expressed their concern, both publicly and directly to council, at the widespread loss of landmark trees, the constant sound of chainsaws and the extensive destruction of vegetation. In the two months since the Code has been effective Ku-ring-gai has recorded the removal of over three hundred trees including significant 30 and 40 metre high trees and threatened species. Reports from property owners and tree loggers indicate that the code is also being used for removal of trees for reasons other than bushfire protection. 

On examining the Ku-ring-gai council map of Vegetation Clearing Entitlement Areas, it is evident that if everyone exercised their rights under the new code to clear vegetation without approval within these areas, half the urban area of Ku-ring-gai would lose its canopy trees and understory habitats.

This would not only dramatically change the character of the area but its environmental impact would be severe, with destruction of vegetation that provides essential wildlife habitat and green corridors. As the 10/50 Vegetation Clearing Code overrides the NSW threatened species legislation, the future of threatened species and ecological communities is also at risk. 

In a media release from the Premier of NSW on 29 May 2014, Police and Emergency Services Minister Stuart Ayres states the RFS Commissioner is responsible for determining the 10/50 Vegetation Clearing Entitlement Areas.

In a recent press article, a spokesman for the Minister Ayres is quoted as stating that if any council has concerns it should discuss those concerns with the RFS Commissioner.  The spokesman also stated the possible RFS review of the code in 12 months. 

At the current rate of destruction, any such review of the code and associated Clearing Entitlement Areas will be too late to prevent unnecessary tree removal and irrevocable and widespread environmental destruction. Furthermore, residents may be lulled into a false sense of security relying on the new self-assessable code instead of professionals from RFS to assess bushfire risk.

Section1. Introduction of the 10/50 Vegetation Clearing Code of Practice for NSW, states…“The Commissioner of the NSW Rural Fire Service (NSW RFS) may review this 10/50 Code at any time.“ 

I therefore move that:

“A.  The General Manager, accompanied by appropriate staff, requests an urgent meeting with the RFS Commissioner, Shane Fitzsimmons, in order to discuss council’s concerns with the new 10/50 Vegetation Clearing Code of Practice, the designated Vegetation Clearing Entitlement Areas and its consequences on the Ku-ring-gai area and its residents.

B.    The General Manager also requests that the RFS Commissioner immediately review the 10/50 Vegetation Clearing Entitlement Area for Ku-ring-gai.”

Resolved:

(Moved: Councillors Berlioz/McDonald)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

326

Review Panel to carry out the General Manager's Performance Review

File: CY00254/6

Vide: C.1

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(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 Notice of Motion from Councillor Malicki dated 25 September 2014 – circulated to Councillors only

Resolved:

(Moved: Councillors Malicki/Szatow)

That the above Confidential Notice of Motion, as printed, be adopted.

CARRIED UNANIMOUSLY

327

1B Beechworth Road Pymble - Subdivide 1 Lot into 3 Lots, Upgrade Access Road, Stormwater Drainage and Ecological Regeneration Works

File: DA0518/13

Vide: GB.12

Subdivide 1 lot into 3 lots, upgrade access road, stormwater drainage and ecological regeneration works.

Resolved:

(Moved: Councillors Malicki/Fornari-Orsmond)

A.        That consideration of subdivision of 1 Lot into 3 Lots, upgrade access road, stormwater drainage and ecological regeneration works at 1B Beechworth Road Pymble be deferred pending a site inspection.

B.       That the applicant be requested to have the location of the proposed development pegged out on site for the inspection.

CARRIED UNANIMOUSLY

328

47 Highfield Road Lindfield - Two Lot Torrens Title Subdivision of a Heritage Listed Property, Construction of a New Dwelling and Removal of Trees

File: DA0472/13

Vide: GB.15

The following members of the public addressed Council:

J Hill

R Nasab

To determine Development Application No.0472/13 for a two lot Torrens Title subdivision of a heritage listed property, construction of a new dwelling and removal of trees.

Resolved:

(Moved: Councillors Berlioz/Malicki)

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

THAT Council, as the consent authority, refuse development consent to Development Application No. 0472/13 for a two lot Torrens title sub-division of a heritage listed property and the construction of a new dwelling and removal of trees on land at 47 Highfield Road, Lindfield, for the following reasons:

1.   Heritage

The site is listed as a Heritage Item in Schedule 7 of the Ku-ring-gai Planning Scheme Ordinance (KPSO). The objectives Clause 61D of the KPSO seeks to conserve the heritage significance of heritage items, including associated fabric, settings and views. The proposed development will have a detrimental impact upon the heritage character and significance of the subject site.

Particulars

(a)    The proposed subdivision is not consistent with the objectives of Clause 61D of the KPSO as:

a.    The subdivision will result in the loss of important curtilage to the item and will unduly impact upon the forest grove setting of the item.

b.    The proposed dwelling is to be locatedin front of the existing heritage building, reducing its visibility from the public realm, particularly the views from the western end of Highfield Road while travelling east and the views from the adjoining public reserve. Additionally, the new dwelling would dominate the heritage building which is carefully sited back on its large lot in a carefully planned garden reducing its integration into a sophisticated landscape setting.

(b)    The proposed development is also inconsistent with the proposed heritage provisions of Draft Ku-ring-gai Local Environmental Plan 2013 that also seek to protect the heritage significance of heritage items.

(c)    The proposed development does not comply with the minimum subdivision lot size of Draft Ku-ring-gai Local Environmental Plan 2013 and is not consistent with the objective of this proposed development standard that seeks to protect the heritage features of the site.

2.   Insufficient information – no objection lodged pursuant to State Environmental Planning Policy No. 1 - Development Standards

The application does not comply with the maximum 8 metres building height development standard prescribed by Clause 46(2) of the KPSO. 

Particulars

(d)   The first floor of the new dwelling incorporates a cathedral ceiling with a ceiling height in excess of 8 metres which does not comply with the prescribed development standard.

(e)   Council is unable to consider a variation to a development standard without the submission of an objection from the applicant made pursuant to State Environmental Planning Policy No. 1 – Development Standards. No such objection has been received.

3.   Street frontage

The application does not comply with the minimum required 18 metres street frontage development standard prescribed by 25H (4) of the KPSO. The proposed 4.6 metres wide frontage does not respect the importance of the heritage item’s natural setting. 

Particulars

(f)   The applicant has not successfully demonstrated within the lodged pursuant to State Environmental Planning Policy No. 1 – Development Standards that compliance with the development standard in unnecessary or unreasonable in the circumstances of this case.

(g)   The natural setting of the heritage item will be significantly diminished if the site is sub-divided in the manner proposed (including any reduction in the width of the heritage item’s street frontage).

(h)   The proposed subdivision essentially seeks to remove the main component of the site’s forested area from the heritage item (being the grove to the south-west of the existing driveway).

(i)    The street frontage retained to the heritage item will be predominantly characterised by a driveway with little connection to the natural setting of the site that is to be primarily incorporated into the proposed new allotment.

4.   Insufficient car parking

The application does not provide sufficient on-site car parking to the new dwelling to be constructed on Proposed Lot 2.

Particulars

(j)    Section 4.5.1 of Council’s Development Control Plan No. 38 – The Ku-ring-gai Residential Design Manual (DCP38) and Section 3.1 of DCP43 – Car Parking requires new dwellings to have two on-site parking spaces behind the front building line.

(k)   The car parking area of the new dwelling to be constructed on Proposed Lot 2 only provides sufficient area for the parking of a single car.

(l)    The provision of a single car parking space is not considered to be sufficient to cater for the likely demand associated with the future occupation of the dwelling.

5.   Inadequate private open space

Section 4.3.8 – Usable Open Space of Council’s Development Control Plan No. 38 – The Ku-ring-gai Residential Design Manual requires at least one usable private open space area with a minimum depth of 5 metres and a minimum area of 50m2 be provided to the new dwelling.

The proposed development does not provide sufficient usable private open space to the new dwelling.

Particulars

(m) The proposed private open space is to be provided by two raised decks with a maximum depth of 3 metres (2 metres less than the required minimum) and a combined total area of 27m², (23m² less than the required minimum). No usable private open space is provided at the natural ground level.

(n)   The absence of any usable private open space at the natural ground level and the notable shortfall of usable private open space at a raised level is demonstrative of the inappropriateness of the proposed subdivision of this site (where the provision of such areas would further remove from the landscaped setting of the heritage item and potentially unduly impact upon the site’s important natural affectations).

6.   Insufficient and inaccurate plan information  

Insufficient plan information has been submitted to allow Council to undertake a comprehensive assessment of the application.

Particulars

(o)   The applicant has not provided amended floor plans reflecting the changes made to the height of the proposed new dwelling or any necessary retaining wall structures needed to provide the for the finished floor level of the building.

(p)   The applicant has not clearly detailed the extent of cut required for the lower level of the proposed dwelling.

(q)   An amended landscape plan detailing the landscape works recommended in Section 3 and Schedule 1 of the submitted Vegetation Management Plan has not been provided. 

(r)   The location of Tree 7 – Angophora costata (Sydney Red Gum) has been incorrectly plotted on the submitted plans.

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

Against the Resolution:         Councillors Pettett and Armstrong

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

(Moved: Councillors Ossip/Armstrong)

That this matter be deferred for a site inspection.

329

Sale of 828 Pacific Highway Gordon

File: S09582

Vide: NM.2

The following members of the public addressed Council:

P Graham

D Scarlett

J Watson

J Townend

T Irving

F Barclay

A Gates

G Simpson

E Levin

T Wood

M Middleton

K Cowley

G Tabuteau

Notice of Motion from Councillor Ossip dated 29 September 2014

On 20 March 2012, the previous Council made the significant decision to acquire
828 Pacific Highway, Gordon as the new administration building for Council. The building was to cost $23 million and be financed through debt. To fund this acquisition, Council resolved to reclassify and potentially dispose of 23 properties which were deemed to be ‘surplus and under-utilised Council assets’.

This decision was made in a confidential meeting of Council, with no public consultation on either the purchase of the new facility or the potential disposal of such a significant number of community facilities. The Council was evenly divided on the purchase and the Mayor, Councillor Anderson, used her casting vote on such a monumental issue to purchase the new building and plunge the Council into significant debt.

This decision by the previous Council has been greeted with much fury and concern from the community. In my mind, the community’s consternation and dismay at the purchase of what has been termed Council’s ‘Taj Mahal’ is entirely justified. To purchase a facility whose need was never fully justified to the public through incurring substantial debt and then relying upon the sale of treasured community properties to pay back the debt is bewildering and an example of poor public policy. Doing this only a few months before a Council election denied residents the ability to make a fully informed decision at the ballot box.

When I was running for election in 2012, I had no idea that Council had made such a significant investment and I was unaware of the significant costs which would accrue to the community in the process. As a fiscal conservative who believes in government living within its means, it is fair to say that I was shocked and most concerned when I was briefed on the purchase after I was elected.

Thus far, there have been immense difficulties in the reclassification process with tremendous community outrage at the potential sale of valued community assets like Gordon Community Preschool, the Lifeline building and Culworth Avenue car park. It is unacceptable that 7,000 residents can sign a petition protesting against the reclassification of the Culworth Avenue car park and yet, the Council, continues to ignore the clear wishes of residents.

There have also been significant delays in moving into the new facility as well as substantial cost overruns in the fitting out of Council’s new administration headquarters. To date, Council has spent $24.3 million on the new facility – all financed through debt. Despite this, it is still uncertain when the facility will be fit for use.

In recent weeks, the State Government has also released its Fit for the Future Package which is its response to the Independent Local Government Review Panel’s recommendations on the future of local government. As we are all aware, it has been recommended that Ku-ring-gai Council merge with Hornsby Council. If such a merger were to occur, the need for the new administration facility would no longer exist. However, by that stage, a number of valued community assets would have already been disposed of. Therefore, it is of crucial importance that we put an end to the reclassification and potential disposal of community assets before it is too late and they are gone forever.

It is now time for Council to have a debate on the new administration facility in public and with community input – something which should have occurred two years ago. If certain Councillors believe that Council should continue along its current course, then they must stand up and justify their views to the community.

I most certainly do not. In the name of responsibility, the time is now to change the course upon which the previous Council has put us on. We must sell 828 Pacific Highway, pay back the debt and let Council return to what should be its primary concern – the provision of high quality local infrastructure such as roads and footpaths. It is time for Council to listen to its ratepayers and get back to basics.

I therefore move that:

“1.  All planning and expenditure related to the fit out of 828 Pacific Highway, Gordon cease immediately.

2.    Council begin the process of divesting of 828 Pacific Highway, Gordon with all proceeds from the sale to be used to pay off existing Council debt. As part of this process, Council should attempt to enter into a lease-back arrangement for the space needed for Council to properly execute its functions”

Councillors Malicki and Pettett moved a Procedural Motion

asking the Mayor to seek a vote on the matter

as there had been 2 speakers For and 2 Against

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

Against the Procedural Motion:    Councillors Citer, Ossip and Armstrong

Resolved:

(Moved: Councillors Malicki/McDonald)

A.    That the General Manager engages independent consultants including an auditor where necessary to:

i.       review the process leading up to the acquisition of 828 Pacific Highway, Gordon including the advice on which Council relied on at the time

ii.      review the information contained in the capital expenditure review submitted to the Department of local Government;

iii.     review the process of design, documentation, and approval of the project since acquisition including any changes of project scope (together with any budget variations) and the reasons for such change;

iv.      provide comments on the timeframes associated with the project;

v.       provide commentary on claims that the project has not been the subject of public consultation; and

vi.      provide commentary on the revitalisation of the Gordon Town Centre in Council’s strategic and integrated planning documents and the relationship with retaining 828 Pacific Highway  

B.    That independent review be referred to Council for consideration at the earliest possible opportunity.

C.    That the services relocation project continue until consideration of the independent review by Council.

D.    That the site planning for 818 Pacific Highway Gordon as identified in the Delivery Program and Operational Plan continue until consideration of the independent review by Council

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

Against the Resolution:       Councillors Berlioz and Armstrong

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

(Moved: Councillors Ossip/Citer)

A.      All planning and expenditure related to the fit-out of 828 Pacific Highway Gordon cease immediately.

B.      Council begin the process of divesting of 828 Pacific Highway Gordon with all proceeds from the sale to be used to pay off existing Council debt.  As part of this process, Council should attempt to enter into a lease-back arrangement for the space needed for Council to properly execute its functions.

330

Delegation of Authority - Mayor and Deputy Mayor - 2014/2015

File: CY00259/6

Vide: GB.4

For Council to give consideration to granting Delegations of Authority to the Mayor and Deputy Mayor.

Resolved:

(Moved: Councillors Malicki/Armstrong)

A.    That the Delegations of Authority as outlined in Attachment 1 be granted to the Mayor as amended.

B.    That the Delegations of Authority as outlined in Attachment 2 be granted to the Deputy Mayor.

C.    That a report (with a copy of Council’s arts register) come to Council on the informal practice of the yearly purchase of an artwork by the Mayor, given that many of these artworks have been stored and are never displayed.  In the meantime, no further artwork be purchased.

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

Against the Resolution:       Councillor Fornari-Orsmond

Ordinary Meeting of Council - 28 October 2014

MM.1 / 92

Item MM.1

S02119

17 October 2014

Recommendation:

That this Mayoral Minute be received and noted.

Jennifer Anderson

Mayor

Ordinary Meeting of Council - 28 October 2014

PT.1 / 94

Item PT.1

S10300

20 October 2014

Recommendation:

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

Ordinary Meeting of Council - 28 October 2014

GB.1 / 95

Item GB.1

S10095

9 October 2014

purpose of report:

To advise Councillors of a request from the Marian Street Theatre for Young People (MSTYP) for financial assistance to support their operations throughout 2015.

background:

MSTYP has been the sole occupier of the Marian Street Theatre (MST) since 2001. In December 2013 Council resolved to give notice to the MSTYP to vacate the MST to enable emergency safety works to be undertaken in the theatre.

The MSTYP vacated the MST in January 2014and Council engaged an independent theatre consultant to undertake a detailed review of the theatre and its management.

comments:

The condition of the MST was far worse than originally anticipated, and the MST remains closed pending a decision from Council about its future.

The MSTYP has experienced financial difficulty in 2014. In order to remain financially viable throughout 2015, the MSTYP has requested financial assistance of $60,000 from Council.

recommendation:

That Council provide $60,000 to the MSTYP to support the continuation of its operations throughout 2015.

Recommendation:

A.       That Council provide the MSTYP financial assistance of $60,000 to support its operations throughout 2015.

B.       That, should Council provide financial assistance to the MSTYP, the MSTYP provide Council with a Business Model for 2015 that incorporates Council funding staged  throughout 2015.

C.       That, should Council provide financial assistance to the MSTYP, Council prepare a funding agreement as described in this report, between Council and the MSTYP, following the receipt of the Business Model from MSTYP, and prior to funding being issued to the MSTYP.

Janice Bevan

Director Community

Attachments:

A1View

Letter MSTYP - Emergency funding request

2014/259346

A2View

MSTYP - Profit and Loss Forecast 2014

2014/259353

APPENDIX No: 1 - Letter MSTYP - Emergency funding request

Item No: GB.1

APPENDIX No: 2 - MSTYP - Profit and Loss Forecast 2014

Item No: GB.1

Ordinary Meeting of Council - 28 October 2014

GB.2 / 104

Item GB.2

S10095

6 June 2014

purpose of report:

To provide Council with a specialist theatre consultant’s report for the management of the Marian Street Theatre (MST) in Killara.

background:

In December 2013 Council was advised of significant safety concerns at the Marian Street Theatre (MST). Council resolved that The Marian Street Theatre for Young People (MSTYP) vacate the building to ensure the safety of people using and attending the theatre.

Council also resolved that a Management Report, based on a Direct Management model for Marian Street Theatre (MST), be produced. This report was to also include financial estimates for capital works and ongoing management costs.

comments:

An independent specialist theatre consultant was engaged to provide Council with a Management Report for the Marian Street Theatre (MST).  Included in the report are estimates for capital improvements for Marian Street Theatre (MST) to ensure it complies with safety and access requirements, along with management costs for a Direct Management model for the theatre.

recommendation:

That Council receive and note the consultant’s Management Report for the Marian Street Theatre (MST), and that Council engage an independent consultant to determine community priorities for a theatre in Ku-ring-gai.