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)

Corporate Lawyer (Jamie Taylor)

Minutes Secretary (Judy Murphy)

154

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Szatow/McDonald)

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

C.1    Accounting Services - Goods and Services Tax

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

GB.1   Commercial Market Operator - Old School Site, St Ives

Attachment A1: Evaluation Committee Report

GB.5   Tender RFT 6-2015 - Turramurra Memorial Park Recreational Precinct

Attachment A1: . List of Tenders received and financial considerations

Attachment A2: Tender Evaluation Panel's comments and recommendation

Attachment A3:   Corporate Scorecard - Tenderer A - Finance and Performance Assessment

CARRIED UNANIMOUSLY

Late Items:

Refer GB.6 - Subregional Representation on the Greater Sydney Commission

155

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 26 May 2015

Minutes numbered 137 to 153

Resolved:

(Moved: Councillors Szatow/McDonald)

That Minutes numbered 137 to 153 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

156

Petition to Resurface Illeroy Avenue Killara from Nos 4 to 10 - (Thirteen [13] Signatures)

File: 88/05569/01

Vide: PT.1

“We, the undersigned, petition the Mayor and Councillors of Ku-ring-gal to re-surface that part of Illeroy Avenue Killara from Nos 4 to 10 including the road bridge connecting Maytone and Illeroy Avenues Killara.”

Resolved:

(Moved: Councillors Szatow/Citer)

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

CARRIED UNANIMOUSLY

157

Commercial Market Operator - Old School Site, St Ives

File: S10182

Vide: GB.1

For Council to consider tenders received for a Market Operator for the Old School Site, St Ives (Request for Tender (RFT) T09/2014), for provision of commercial market operators, and for Council to appoint a preferred tenderer to operate a market in
St Ives.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.    That Council accept the tender submission from Tenderer ‘A’ as the commercial operator of the St Ives Old School site market.

B.    That Council permit the Mayor and General Manager to seek to negotiate with the market in the situation that the first ranked firm (Tenderer A) rejects the offer. This is due to the substandard submissions made by other tenderers.

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

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

E.    That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.

CARRIED UNANIMOUSLY

158

71 Ridge Street Gordon - Demolish Existing Commercial Building and Construct Mixed Use Building Comprised of 53 Residential Units,
4 Commercial Suites and Basement Car Parking

File: DA0267/14

Vide: GB.2

Demolish existing commercial building and construct mixed use building comprising 53 residential units, 4 commercial suites and basement car parking

Resolved:

(Moved: Councillors Malicki/McDonald)

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 DA0267/14 for demolition of existing structures and construction of a mixed use building containing 4 commercial suites, 53 residential units and basement parking at 71 Ridge Street 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.

3.     Approved landscape plans

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

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

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

4.     Asbestos works

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

Reason:      To ensure public safety.

5.     Notice of commencement

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

Reason:      Statutory requirement.

6.     Notification of builder’s details

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

Reason:      Statutory requirement.

7.     Dilapidation survey and report (public infrastructure)

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

Public infrastructure

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

·      All driveway crossings and laybacks opposite the subject site.

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

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

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

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

8.     Archival recording of buildings

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

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

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

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

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

9.     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.

10.   Construction and traffic management plan

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

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

The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors.  The TMP 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 a 12.5 metres long heavy rigid vehicle and if required for demolition and excavation stages a 19.0 metres long articulated vehicle are to be shown.

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 TMP is received, a letter of approval will be issued with conditions attached.  Traffic management at the site must comply with the approved TMP as well as any conditions in the letter issued by Council.  Council’s Rangers will be patrolling the site regularly and fines will 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.

11.   Work zone

A works zone shall be provided along the site frontage in Fitzsimons Lane. The applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.

If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.

Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.

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.

12.   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.

13.   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.

14.   Tree protection fencing

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

Reason:      To protect existing trees during the construction phase.

15.   Tree protective fencing type galvanised mesh

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

Reason:     To protect existing trees during construction phase.

16.   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.

17.   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.

18.   Tree protection - avoiding soil compaction

To preserve tree/s and avoid soil compaction, no work shall commence until temporary measures consistent with AS 4970-2009 to avoid soil compaction (eg rumble boards) located as indicated on the indicate plan below is installed:

Reason:      To protect existing trees during the construction phase.

19.   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.

20.   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:

21.   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.

22.   Site contamination and remediation

Prior to the issue of the Construction Certificate the recommendations of the Phase 1 Site Contamination Assessment dated 4 July 2014 Prepared by Coffey Geotechnics Pty Ltd shall be complied with.

An Unexpected Finds Management Plan (UFMP) shall be prepared by a suitably experienced consultant prior to undertaking any earthworks. The UFMP shall include:

a)  An unexpected finds management protocol. The unexpected finds protocol shall include procedures and protocols for managing risks and protecting human health and environment should unexpected finds of contamination or hazardous materials be identified at the site.

b)  Procedures for managing spoil excavated during construction. It is recommend that topsoil, natural soils and potential fill materials (if any) should be segregated from each other to avoid potential cross contamination.

c)  Procedures for managing and/or classifying waste soil for reuse and/or disposal during construction earthworks.

d)  The implementation of the unexpected finds management plan at the site during the excavation, demolition and construction stages.

e)  The assessment of any fill material encountered for the potential for contamination and/or hazardous materials (e.g. asbestos containing materials in the fill materials) by a suitably experienced consultant.

Reason:      SEPP 55 and environmental safety.

23.   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:

On plant schedule plan DA14 indicate the number of Elaeocarpus reticulatus based on planting at 3m centres.

Amend the planting to the area along the southern boundary adjacent the substation and access path to taller growing screen planting such as Eleaocarpus reticualtus and or Acmena smithii minor.

On plan DA02, include shade tolerant screen planting of indigenous species such as Acmena smithii minor to the garden area adjacent the ramp next to the commercial suites and under tree 1, plant at 2m centres. Advanced plantings within the root zone of T1 are to be avoided. Amend plant schedule on plan DA145 accordingly.

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.

24.   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.

25.   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.

26.   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.

27.   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.

28.   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.

29.   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.

30.   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.

31.   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.

32.   Paving near trees

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

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

Reason:      To protect existing trees.

33.   Landscape plan

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

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

Reason:      To ensure adequate landscaping of the site.

34.   Recycling and waste management

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

The responsibility for:

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

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

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

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

Reason:      Environmental protection.

35.   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.

36.   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.

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.

37.   Driveway crossing levels

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

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

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

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

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

38.   Basement car parking details

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

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

·   a clear height clearance of 2.6 metres (Volume C Part 3.4 of the Local Centres DCP for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement

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

·   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.

39.   Vehicular access and garaging

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

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

40.   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 new kerb inlet pit required in Ridge Street.

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.

41.   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.

42.   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.

43.   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.

44.   Construction of food preparation areas

Provision shall be made for mechanical ventilation and exhaust systems to the commercial suites and, where food premises are to be constructed in any of the commercial suites, plans and specifications complying with the requirements of the Food Act and Regulations, Australian Standard AS 4674 2004, AS 1668 Parts 1 and 2 shall be submitted to and approved by the Principal Certifying Authority prior to the issue of the Construction Certificate. Plans and specifications shall address the following:

·   floor plans, showing the layout of the fixtures and fittings, dry goods and food storage and staff personal effects storage areas

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

·   elevations and sections showing the installation of fixtures and fittings

·   cool room/freezer construction

·   internal garbage room/grease trap room construction and ventilation

·   grease trap area

·   all proposed mechanical ventilation systems and exhuast outlet points

·   toilet facilities

Reason:      To ensure compliance with standards for food premises.

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

45.   Infrastructure restorations fee

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

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

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

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

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

e)    In this condition:

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

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

Reason:       To maintain public infrastructure.

46.   Section 94 Contributions - Centres.

        (For DAs determined on or after 19 December 2010)

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

Development Contributions Plan 2010

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

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

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

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

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

47.   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.

48.   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.

49.   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.

50.   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.

51.   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.

52.   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.

53.   Post-construction dilapidation report

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

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

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

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

Reason:      Management of records.

54.   Compliance with submitted geotechnical report

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

Geotechnical aspects of the development work, namely:

·   appropriate excavation method and vibration control

·   support and retention of excavated faces

·   hydro-geological considerations

must be undertaken in accordance with the recommendations of the Geotechnical Report prepared by Coffey Geotechnics, dated 3 July 2014. 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.

55.   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.

56.   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.

57.   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.

58.   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.

59.   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.

60.   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.

61.   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.

62.   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.

63.   Road repairs necessitated by excavation and construction works

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

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

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

Reason:      To protect public infrastructure.

64.   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.

65.   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.

66.   Sydney Water Section 73 Compliance Certificate

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

Reason:      Statutory requirement.

67.   Arborist’s report

The tree/s to be retained shall be inspected, monitored and treated by the project arborist who must have a minimum qualification AQF 5 during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the Arborist to the Principal Certifying Authority are required at the following times or phases of work:

Reason:      To ensure protection of existing trees.

68.   Canopy/root pruning

Canopy and/or root pruning of the following tree/s which is necessary to accommodate the approved building works shall be undertaken by an experienced Arborist with a minimum qualification AQF3and is to be supervised by the project arborist who must have a minimum qualification AQF 5 .  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason:      To protect the environment.

69.   Treatment of tree roots

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

Reason:      To protect existing trees.

70.   Cutting of tree roots

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

Reason:      To protect existing trees.

71.   Approved tree works

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

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Tree Preservation Order.

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

72.   Hand excavation

All excavation within the specified radius of the trunk/s of the following tree/s shall be hand dug:

Reason:      To protect existing trees.

73.   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.

74.   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.

75.   Removal of noxious plants & weeds

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

Reason:      To protect the environment.

76.   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:

77.   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. This is to permit legal access for Council, Council’s contractors and their vehicles over the subject property for the purpose of collecting waste from the property.  The terms of the easement are to be generally in accordance with Council’s draft terms for an easement for waste collection and shall be to the satisfaction of Council’s Development Engineer.

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

78.   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: AECOM Draft Acoustic Assessment Development Application Report dated 9 July 2014) prior to the release of the Occupation Certificate.

Reason:     To protect the residential amenity.

79.   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. 560647M_02 have been complied with.

Reason:      Statutory requirement.

80.   Clotheslines and clothes dryers

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

Reason:      To provide access to clothes drying facilities.

81.   Mechanical ventilation

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

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

·   The Building Code of Australia

·   Australian Standard AS1668

·   Australian Standard AS3666 where applicable

Reason:      To protect the amenity of surrounding properties.

82.   Completion of landscape works

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

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

83.   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.

84.   Retention and re-use positive covenant

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 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 Council’s Local Centres DCP Volume C Part4R.9). 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.

85.   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.

86.   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 BASIX and Council’s Local Centres DCP Volume C Part 4B.5 respectively, 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 and Council’s Local Centres DCP Volume C Part 4R.6

·   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.

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

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

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

·   gradients of drainage lines, materials and dimensions

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

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

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

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

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

·   dimensions of the discharge control pit and access grates

·   the maximum depth of storage possible over the outlet control

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

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

Reason:      To protect the environment.

88.   Basement pump-out maintenance

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

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

Reason:      To protect the environment.

89.   OSD positive covenant/restriction

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 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 Council’s Local Centres DCP Volume C Part4R.9). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:      To protect the environment.

90.   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.

91.   Certification of as-constructed driveway/carpark - RFB

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

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

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

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

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

·   the vehicular headroom requirements of:

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

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

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

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

92.   Reinstatement of redundant crossings and completion of infrastructure works

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:

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

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

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

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

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

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

Reason:      To protect the streetscape.

93.   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.

94.   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:

95.   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.

96.   Requirements of contamination report

At all times excavation, demolition and construction work shall be undertaken in accordance with the recommendations of the Phase 1 Site Contamination Assessment, dated 4 July 2014 Prepared by Coffey Geotechnics Pty Ltd.

•   An Unexpected Finds Management Plan (UFMP) shall be prepared by a suitably experienced consultant prior to undertaking any earthworks. The UFMP shall include:

a)  An unexpected finds management protocol. The unexpected finds protocol shall include procedures and protocols for managing risks and protecting human health and environment should unexpected finds of contamination or hazardous materials be identified at the site.

b)  Procedures for managing spoil excavated during construction. It is recommend that topsoil, natural soils and potential fill materials (if any) should be segregated from each other to avoid potential cross contamination.

c)  Procedures for managing and/or classifying waste soil for reuse and/or disposal during construction earthworks.

The unexpected finds management plan shall be implemented at the site during the excavation, demolition and construction stages.

•   During excavation at the site, any fill material encountered must be assessed for the potential for contamination and/or hazardous materials (e.g. asbestos containing materials in the fill materials) by a suitably experienced consultant.

Reason:      SEPP 55 and environmental safety, and to ensure health and safety during excavation

97.   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.

98.   No door restricting internal waste collection in basement

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

Reason:      To facilitate access to the garbage collection point.

99.   Noise from plant in residential zone

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.

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 and lift motors, garbage truck reversing alarms, ducting and the like must not exceed the background noise level at all between 10pm and 7am at the nearest affected residence and property boundary.

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

100. 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.

101. Hours of operation

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

Monday to Friday 9am – 6pm

Saturday 9am – 1pm

Reason:      To protect the amenity of the area.

102. 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

159

1125 Pacific Highway Pymble - Demolition of Existing Dwelling, Construction of 13 Self-care Apartments (SEPP Housing for Seniors) and Torrens Title Subdivision into 2 Lots

File: DA0271/14

Vide: GB.3

To determine Development Application DA0271/14 proposing to demolish the existing dwelling, construct 13 self-care apartments (SEPP Housing for Seniors) and Torrens title subdivision into two lots.

Resolved:

(Moved: Councillors Malicki/McDonald)

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

THAT Council, as the consent authority, refuse development consent of Development Application No. 0271/14 for demolition of existing dwelling and construction 13 self-care apartments (SEPP Housing for Seniors) and subdivision on land at No 1-9 Bobbin Head Road PYMBLE (1125 Pacific Highway and 4 Richard Porter Way), for the following reasons:

1.  Insufficient documentation has been provided to adequately demonstrate that the proposed development would not have an unreasonable environmental impact. In this regard:

Particulars

a.  Insufficient information has been provided to determine the development’s impact on the existing school, church and swimming centre. Given the increasing demands for school places, due to the increasing density within the immediate vicinity, it is likely that pressure for expansion of the school is foreseeable. Therefore, more information is required to demonstrate expected demand can be met and that the significant reduction in available open space will meet current and likely future requirements of the other land uses onsite.

b.  Insufficient information has been provided to demonstrate that the reduced school site would remain compliant with the provisions of the:

i.   School Facilities Standards – Landscape Standards

ii.  School Facilities Standards – Design Standards

iii. School Facilities Standards – Specification

iv. Council’s Schools Development Code

c.  Insufficient information has been provided in the Stormwater Management Plan with respect to the existing uses onsite. The stormwater management plan is to incorporate the entire site.

d.  The Stormwater Management Plan and BASIX report provide conflicting requirements in respect to water tanks.

e.  Insufficient information is provided with respect to the proposed sports field and its intended usage. It is noted that the plans indicate field lighting suggesting its future use outside of school operating hours.

f.   Insufficient information is provided in the traffic report to determine whether the site is provisioned with adequate parking for its current uses.

g.  Insufficient information is provided with respect to a plan of management detailing future growth and development of the school, church, swim centre, and child care centre.

2.  The proposed development will have an unreasonable impact on the adjoining heritage item identified as ‘The Glen’ at No 11 Bobbin Head Road.

Particulars

a.  the front western building which is part of the development proposal presents an unacceptable level of adverse impact on the heritage item due to:

i.   inadequate setback from the heritage item to the north

ii.  the high and predominantly blank northern wall facing the heritage item being approximately 2 metres from the boundary with the heritage item

iii. the location of the proposed driveway access into the proposed front building close to the boundary with the heritage item

b.  The current proximity of the proposed front building to the boundary with the heritage item precludes the possibility of any substantial landscape buffer in this location.

3.  Insufficient information has been provided to determine the development’s impact upon the remnant Blue Gum High Forest (BGHF). In this regard the applicant was requested to maintain additional trees onsite and provide an amended Impact Assessment prepared in accordance with the provisions of Section 5A of the Environmental Planning & Assessment Act 1979.

4.  To determine the impact on trees, the proposed levels and construction details of the proposed driveway and additional car parking spaces, as indicated on the Master Plan prepared by QOH Architects SK100/B 16/11/14, are required.

5.  The proposed development does not satisfactorily address the requirements of State Environmental Plan (Housing for seniors or people with a disability) 2004. In this regard.

Particulars

a.  Chapter 3 Part 2 Clause 26 – Location and access to facilities

Insufficient information has been provided with the application to assess the proposed development’s level of compliance with the provisions of the SEPP.

The Accessibility Review fails to address compliance with Clause 26 of the Seniors Living SEPP, including recommendations for upgrading of specific kerb ramps along the path of travel.

b.  Chapter 3 Part 3 Division 1 Clause 30 – Site Analysis

Insufficient information has been provided with respect to the site analysis plan as submitted. The analysis does not address the criteria as described in the SEPP. Detailed plans and documentation is required addressing the provisions of the SEPP in this regard.

Insufficient information has been provided by the applicant to demonstrate that the building has been designed having due regard to the provisions of the Seniors Living Policy: Urban Design Guideline for infill Development published by the Department of Infrastructure Planning and Natural Resources in March 2004.

c.  Chapter 3 Part 3 Division 2 Clause 33 – Neighbourhood amenity and streetscape

The development proposal has not adequately considered the reduced setback to street and heritage item. Such reduced setbacks do not ‘allow for appropriate levels of amenity to be provided to surrounding dwellings’ or enable the planning of ‘screen planting and canopy trees, which will significantly enhance the landscaped character of the site and locality’.

d.  Chapter 3 Part 3 Division 2 Clause 34 – Visual and acoustic privacy

Use of the sports field and the likelihood of stray balls entering the site of the proposed development are considered likely to lead to undesirable impacts upon the intended residents of the development.

e.  Schedule 3 Standards concerning accessibility and usability for hostels and self-contained dwellings

Clause 5 Private car accommodation

As detailed in the Access Report prepared by AE&D Access, car parking as shown on plan is non-compliant with the provisions of AS2890.

Clause 21 Garbage

The garbage area is not accessible in accordance with the requirements of AS1428.1

6.  The proposed development is non-compliant with the height control provisions of State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 as follows:

Particulars

a.  height of the proposed building exceeds 8m prescribed by clause 40((4)(a);

b.  height of the proposed building exceeds 2 storeys as prescribed by clause 40(4)(b).

The SEPP 1 Objection lodged in respect to noncompliance with this development standard is not supported having regard to the following:

a.  Poor zone interface with adjoining low density residential development;

b.  Design deficiencies with the provisions of SEPP 65 and SEPP (Housing for Seniors and People with a Disability) 2004;

c.  The SEPP 1 objection fails to address non-compliance with development standard of a maximum of 2 storey height prescribed by clause 40(4)(b) of SEPP (Housing for Seniors and People with a Disability) 2004.

7.  The proposed development does not satisfactorily address the planning principles of State Environmental Plan No 65.

Particulars

a.  The 78-metres length of the building mass along the extent of the southern boundary presents as largely unarticulated and mono lithic built form.

b.  Amendments are required to more adequately articulate the building mass along the southern side and the component accommodating Units 01-03; and, achieve adequate setbacks and larger scale screen planting to adequately address scale.

c.  The combination of inadequate setbacks, proposed at-grade car parking, and use of aluminium louvers both at ground level addressing the street and along the southern elevations provide for a more commercial/institutional character that does not make a positive contribution to the streetscape character of the existing low-scale residential dwellings. While the institutional character is consistent with the school buildings, these are located some distance to the south and do not inform the context of the subject site to the extent of the low-scale residential housing to the north and west.

d.  Amendments are required to achieve a better interface relationship with neighbouring properties. 

e.  The proposal will not achieve satisfactory landscape outcomes between the school and proposed development and between the heritage item and proposed development.

f.   The documents reviewed did not provide any information regarding the day-to-day management/operations of how assisted care is to be provided. The supported services are located some 5.5km from the site. Therefore, it is not possible to determine whether a satisfactory threshold of support can be provided in order to satisfy Principle 9 – Social Dimensions.

g.  The building aesthetic is unacceptable for the following reasons:

i.   The development requires further design development of the architectural expression of facades, building articulation and roof, the vertical coordination of openings and materials in combination with a more articulated built form.

ii.  The resolution and composition of materials and expression of the eastern and western elevations generally, and northern elevation of Car park / Unit 03 does not demonstrate adequate sensitivity to the surrounding context. These elevations and façade treatments are simplistic and utilitarian often in combination with inadequate landscape provision that results in an unacceptable aesthetic response.

iii. The southern elevation may achieve the aim of preventing outlook to/from the school and creates a rhythm of the materials palette but this is expressed on a poorly articulated, generally solid-appearing wall length of over 78 metres.

iv. The proposed building is not of an educational, industrial or hospital typology, it is a residential building and needs to communicate a residential aesthetic sympathetic to the low scale urban fabric in which it sits and is viewed from the public domain.

8.  There is an inadequate landscape buffer between the school playing field and the seniors living development for delineation, security and neighbour amenity (Schools Facilities Standards – Landscape Standard 2002).

Particulars

The proposed 4 metres setback to the southern boundary is constrained by a proposed 3 metres wide right of way. This narrow strip of land is to be fenced off and used by the school. This area is not accessible from the development and would provide no landscape amenity to future residents. Its location allows the proposed artificial turf playing field in close proximity to the development and prevents sufficient area for the viable establishment of the required visual and acoustic amenity provided by the required landscape buffer to the building.

Use of a newly created lot with an easement over it for uses associated with the sports field is not supported.

9.  Having regard to the deficiencies in the information provided, approval of the development, as proposed, is not considered to be in the public interest.

CARRIED UNANIMOUSLY

160

Minutes of the Heritage Reference Committee – Meeting held 13 April 2015

File: CY00413/3

Vide: GB.4

Council to consider the minutes of the Heritage Reference Committee (HRC) meeting held on 13 April 2015.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.    That Council receive and note the Heritage Reference Committee Meeting Minutes of 13 April 2015.

B.    That Council include the following railway stations as potential heritage items as part of the review of the Ku-ring-gai Local Environmental Plan (Local Centres) 2102:

·   Roseville;

·   Lindfield;

·   Turramurra; and

·   Pymble.

CARRIED UNANIMOUSLY

161

Tender RFT 6-2015 - Turramurra Memorial Park Recreational Precinct

File: S09978

Vide: GB.5

To consider the tenders received for the construction of the new recreational precinct at Turramurra Memorial Park and appoint the preferred tenderer.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.    That Council accept the tender submission from Tenderer ‘A’ to carry out the construction of a new playground, installation of outdoor exercise equipment and landscape improvements at Turramurra Memorial Park.

B.    That Council approve the balance of funds required to be transferred from Section 94 funds 2010 Plan (Local Parks and Sporting Facilities – North) to the project.

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

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

E.    That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.

CARRIED UNANIMOUSLY

162

Subregional Representation on the Greater Sydney Commission

File:  CY00430/3

Vide: GB.6

To consider recent resolutions of the Northern Sydney Regional Organisation of Councils (NSROC) in relation to membership of the Local Government Advisory Committee for the North Subregion and the Greater Sydney Commission.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.    That Council adopts a position that the meeting of Mayors and General Managers from the Northern Sydney Councils (the combined NSROC/SHOROC regions) is the appropriate forum for engagement in the subregional planning process and that, as such, the combined meeting with representatives of SHOROC/NSROC Councils be endorsed as the ‘Local Government Advisory Committee’ for the north subregion.

B.    That the Local Government Advisory Committee be delegated to select the subregional representative of the Greater Sydney Commission.

CARRIED UNANIMOUSLY

163

Parliamentary Inquiry into Fit for the Future

File: S09638

Vide: NM.1

Notice of Motion from Councillor Elaine Malicki dated 1 June 2015

During the last week an announcement was made that there was to be an Upper House inquiry into the "Fit for the Future" amalgamation programme.

Ku-ring-gai's Councillors voted unanimously not to proceed to amalgamation based on detailed and conclusive evidence supplied in staff briefings and reports showing that our residents would be disadvantaged in any amalgamation with Hornsby Council.

Ku-ring-gai has won a series of awards over past months, from the ultimate AR Bluett Award for Excellence in Local Government, the PIA Award for our Open Space Strategy, to a very recent Parks and Leisure Award for our Medieval Faire.

The past twelve months has also seen the delivery of several major projects including the Ku-ring-gai Aquatic and Leisure Centre, NTRA and some of the Local Centre Developments.

What is very clear is that Ku-ring-gai is a very successful, high performing Metropolitan Council and an extremely strong example for the inquiry to be considering.

For that reason I move “that staff prepare a detailed submission to assist the Parliamentary Inquiry, including consideration of population, in its deliberations into amalgamations”.

Resolved:

(Moved: Councillors Malicki/McDonald)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

164

Car Parking on St Ives Village Green

File: S07533

Vide: QN.1

Question Without Notice from Councillor Christiane Berlioz

Everyday there are between 6 to 12 cars parked on the Village Green in the south-eastern corner.

Has Council given permission for the Village Green to be used as a regular car park?

Answer by Director Operations

I’ll take it on notice and I will check it out why there is parking on that area.

165

Accounting Services - Goods and Services Tax

File: S06998

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)(d)(ii), of the Act, and should be dealt with in a part of the meeting closed to the public.

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

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

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

(iii)        reveal a trade secret.

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

Report by Director Corporate dated 29 May 2015

Resolved:

(Moved: Councillors Malicki/McDonald)

A.    That pursuant to Section 55(3)(i) of the Local Government Act 1993, and having regard to the unique character of the proposal by Genesis Accounting Chartered Accountants for the provision of services to Council, and the consequent inability of any similar service provided to offer the same of equivalent services, Council is of the opinion that a satisfactory result would not be achieved by inviting tenders.

B.    That Council engage and appoint Genesis Accountants Chartered Accountants on the basis of the proposal in Attachment A to the report.

CARRIED UNANIMOUSLY

Ordinary Meeting of Council - 23 June 2015

MM.1 / 51

Item MM.1

FY00424/6

16 June 2015

Recommendation:

A.   That the Mayoral Minute be received and noted.

B.   That we stand for a minute’s silence to honour Barry Kirtley.

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

Jennifer Anderson

Mayor

Ordinary Meeting of Council - 23 June 2015

GB.1 / 53

Item GB.1

S09638

15 June 2015

purpose of report:

To appraise Councillors of the broad issues to be incorporated into Council’s submission to the NSW Legislative Council Inquiry into Local Government.

background:

The NSW Legislative Council’s General Purpose Standing Committee No. 6 is currently conducting an inquiry into local government in NSW.  The Committee has invited interested parties to make a submission by Sunday 5 July 2015. 

comments:

Council has identified a range of concerns and issues to be included in a submission to the Inquiry. 

recommendation:

That Council endorse the issues raised in this report and delegate the General Manager to incorporate them into a submission to the Legislative Council Inquiry into Local Government in NSW.

Recommendation:

That Council endorse the issues raised in this report and delegate the General Manager to incorporate them into a submission to the Legislative Council Inquiry into Local Government in NSW.

David Marshall

Director Corporate

John McKee

General Manager

Ordinary Meeting of Council - 23 June 2015

GB.2 / 61

Item GB.2

S09638

15 June 2015

purpose of report:

To present a Council Improvement Proposal for adoption by Council under the State Government Fit for the Future program. 

background:

The Fit for the Future program requires Council to submit either a Council Improvement Proposal or a Council Merger Proposal by 30 June 2015.  Council has previously resolved to prepare an Improvement Proposal.

comments:

Ku-ring-gai Council meets all Fit for the Future benchmarks by 2015/16.  A merger with Hornsby Shire Council would be highly unfavourable for the residents and ratepayers of Ku-ring-gai Council due to the impact on representation, rates, service levels, risk and communities of interest.

Results from community consultation and engagement indicate that Ku-ring-gai residents are not in favour of a merger with Hornsby Shire Council, rather that residents support Ku-ring-gai Council standing alone.

recommendation:

That Council endorse the draft Council Improvement Proposal attached to this report for submission to IPART under the State Government Fit for the Future program. That Council delegate to the General Manager the authority to make changes as required to the content and formatting of the Improvement Proposal prior to submission by 30 June 2015.

Ku-ring-gai Council standing alone

% of total

Merging with Hornsby Shire

% of total

Financially better solution

36%

Too many councils in NSW

11%

Differences between proposed councils

21%

Provision of services would be improved

9%

Happy with current services/situation

19%

Financially better solution

8%

Services/efficiency will be affected

15%

Disagree with current council situation

5%

Too large/developed an area

14%

Support merger to help all council areas

2%

Focus on local area/identity

12%

Need more information

1%

Better Council representation

9%

Support merger, but with another council

1%

The information provided through survey

6%

No benefit to merging

1%

Prefer to merge with other councils

1%

Supporting Ku-ring-gai standing alone 77%

Supporting merging with Hornsby Shire 23%

Satisfaction with current services

A merged council will enjoy the benefits of scale

Concern regarding potential loss of representation

More efficient - less duplication of roles

Ku-ring-gai Council residents may be disadvantaged following a merger

There are too many councils at present

Concern about possible increase in rates

Not satisfied with current performance – change is needed

Concern about losing local identity

A larger council will have more influence

Concern about future development under a new council

Ku-ring-gai Council is good size as it is

Recommendation:

A.      That Council endorse the draft Council Improvement Proposal attached to this reportfor submission to IPART under the State Government Fit for the Future program.

B.      That Council delegate to the General Manager the authority to make changes as required to the content and formatting of the Improvement Proposal prior to submission by 30 June 2015.

David Marshall

Director Corporate

Andrew Watson

Director Strategy & Environment

Janice Bevan

Director Community

John McKee

General Manager

Attachments:

A1View

Council Improvement Proposal (Template 2)

2015/150836

A2View

Fit for the Future Improvement Proposal - Draft Submission to the Independent Pricing and Regulatory Tribunal New South Wales June 30 2015

NOTE: Hard copies of the attachment are available at Council’s Customer Service and all Libraries for public viewing and available on Council’s website.

Excluded

Click here to view attachment

A3View

Review of Council’s Infrastructure Backlog and Asset Data May 2015 (Morrison Low)

2015/149474

A4View

Fit for the Future Community Engagement Output Report

2015/148034

APPENDIX No: 1 - Council Improvement Proposal (Template 2)

Item No: GB.2

APPENDIX No: 3 - Review of Council’s Infrastructure Backlog and Asset Data May 2015 (Morrison Low)

Item No: GB.2

APPENDIX No: 4 - Fit for the Future Community Engagement Output Report

Item No: GB.2

APPENDIX No: 4 - Fit for the Future Community Engagement Output Report

Item No: GB.2

Demographically representative sample survey - 402 households across Ku-ring-gai (undertaken by independent market research company)

To obtain a clear view of the community views, in particular regarding the Panel’s amalgamation proposal. The random survey is the most accurate gauge of community sentiment.

Consult

25- 28 May

Telephone surveys conducted with 402 residents.

·     79% support a stand-alone approach

·     21% prefer a merger with Hornsby

Opt-in online survey (the survey is set up to ensure that it can only be taken once)

To hear the views of the community, in particular regarding the Panel’s amalgamation proposal. It is important to note that in an opt-in process, people who take the time to take part are more likely to have polarised views about the proposals.

Consult

14 May to 12 June

Surveys completed – 2077 (including hard copy responses)

·     77% - support a stand-alone approach

·     23% prefer a merger with Hornsby

Opt-in hard copy survey (available at Customer Service and KMC library branches designed to garner the views of those without access or ability to use a computer

To hear the views of the community in particular regarding the Panel’s amalgamation proposal. It is important to note that in an opt-in process, people who take the time to take part are more likely to have polarised views about the proposals.

Consult

14 May to 12 June

149 hard copy surveys completed -  outputs merged with opt-in online survey to give one data set (same questions)

Community meeting at Council Chambers

Meeting held Council Chamber - gives the community the opportunity to hear about Council’s position and ask questions.

Consult

3 June, 6.00pm to 8.00pm

Participant ballot (voting on amalgamation proposal). Results:

·     92% (24 people) oppose amalgamation

·     4% (1 person)supports amalgamation

·     4% (1person) don’t know

Q&A session outputs captured

Meeting participant feedback captured

Community drop-in information sessions (advertised in local media, on the website and social media)

Residents invited to meet with senior Council staff to discuss FFTF. This was a one-on-one activity allowing a better understanding of Council’s position and ask questions in an informal environment.

Inform

·      Thursday 4 June

·      Monday 1 June

·      Thursday 28 May

·      Monday 25 May

5 residents attended and were able to have extensive discussions with staff.

Information brochure sent to all households (letterbox drop)

To provide more information about FFTF and Council’s adopted position and how the community can have a say.

Inform

To reach approximately 36,000 households by 25 May

To inform about FFTF and how to have a say

Advertisements in local media (North Shore Times) and digital media

To inform the community about FFTF, Council’s adopted position and how the community can have a say. Large advertisements as well as copy in Council’s regular corporate advertisement in the North Shore times were used. Digital banner advertising was also undertaken in News Local – North Shore Times and News Local - The Hills

Inform

2x full page ad in North Shore times:

·     5 June  and

·     15 May

1 half page ad - Sydney Observer

·     June edition

Corporate Ad

·     1 May

·     8 May

·     15 May

·     22 May

·     29 May

Digital Banner (online)

·      29 May to 11 June

·      27 May to 11 June

To inform about FFTF and how to have a say

Media Release

To increase awareness about FFTF, Council’s adopted position and how the community can have a say

Inform

·     1 May

·     8 May

·     15 May

·     22 May

·     29 May

To inform about FFTF and how to have a say

Dedicated web pages on council’s corporate website and the ‘haveyoursay kuringgai’

To increase awareness about FFTF, Council’s adopted position and how the community can have a say. A banner was placed on Council’s home page for maximum exposure.

Inform

15 May

To inform about FFTF and how to have a say

E-newsletters

To inform about FFTF and how to have a say.

Inform

May

To inform about FFTF and how to have a say - approx. 32,000 emails sent to opt-in subscribers.

Social Media Campaign

To increase awareness about FFTF, Council’s adopted position and how the community can have their say. This approach is good for people who do not often engage with council (e.g. young people, time poor and those engaged on social media)

Inform

Facebook posts:

·     2 June

·     20 May

·     15 May

Twitter posts:

·     14 May (pinned to top of site)

·     1 June

·     25 May

·     24 May

·     20 May

·     28 April

Facebook statistics:

·     Average reach of posts = 1509

·     Total post clicks = 428

·     Total likes, comments, shares = 73

Twitter statistics

·     Favourites = 3

·     Retweets = 2

Staff Briefings

The General Manager briefed the staff six (6) times allowing for questions from staff and answers and discussion.

Inform

·     May 2015 x3

·     November 2014 x 2

·     December 2014 x1

Staff informed and given opportunity to ask questions.

Staff Newsletter

Information of the reforms in the staff newsletter

Inform

28 April 2015

Kept staff informed.

APPENDIX No: 4 - Fit for the Future Community Engagement Output Report

Item No: GB.2

Ku-ring-gai standing alone

% of total

Merging with Hornsby Shire

% of total

Financially better solution

36%

Too many councils in NSW

11%

Differences between proposed councils

21%

Provision of services would be improved

9%

Happy with current services/situation

19%

Financially better solution

8%

Services/efficiency will be affected

15%

Disagree with current council situation

5%

Too large/developed an area

14%

Support merger to help all council areas

2%

Focus on local area/identity

12%

Need more information

1%

Better Council representation

9%

Support merger, but with another council

1%

The information provided through survey

6%

No benefit to merging

1%

Prefer to merge with other councils

1%

Supporting Ku-ring-gai standing alone

Supporting merging with Hornsby Shire

Satisfaction with current services

A merged Council will enjoy the benefits of scale

Concern regarding potential loss of representation

More efficient - less duplication of roles

Ku-ring-gai residents may be disadvantaged following a merger

There are too many Councils at present

Concern about possible increase in rates

Not satisfied with current performance – change is needed

Concern about losing local identity

A larger Council will have more influence

Concern about future development under a new Council

Ku-ring-gai is good size as it is