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Item No: GB.1 |
Ordinary Meeting of Council
TO BE HELD ON
Tuesday, 10 November 2015 AT 7.00pm
Level 3 Council Chamber
Agenda
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NOTE: For Full Details, See Council’s Website –
www.kmc.nsw.gov.au under the link to business papers
DECLARATIONS OF INTEREST
Confirmation of Reports to be Considered in Closed Meeting
NOTE:
That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of confidential attachments to the following General Business reports:
Refer GB.9 Lindfield Local Centre - Commuter Car Parking
Attachment A2: Supplementary Estimate Report - Lindfield Village Concept Design - JMD & TZG Alternative Design Options - 05.03.15
Attachment A3: Lindfield - commuter car parking - estimated cost and financial considerations
Refer GB.12 T14/2015 - NTRA - Stage 4B Turf Sportsfields and Surrounds
Attachment A1: Tender Assessment and Recommendation Report
Attachment A2: Tender Weighted Criteria and Returnable Schedules
Attachment A3: Tender Evaluation Panel's Score and Recommendation
Attachment A4: Corporate Scorecard Financial Assessment
Address the Council
NOTE: Persons who address the Council should be aware that their address will be tape recorded.
Documents Circulated to Councillors
CONFIRMATION OF MINUTEs
Minutes of Ordinary Meeting of Council 9
File: S02131
Meeting held 27 October 2015
Minutes numbered 314 to 340
minutes from the Mayor
Petitions
PT.1 Renaming
of Orana Reserve to Reichard Reserve
(Twenty Seven [27] Signatures) 106
File: S02972
“We, the undersigned, petition the Mayor and Councillors of Ku-ring-gai Council to support the renaming of Orana Reserve to Reichard Reserve for the reasons outlined below:
Albert and Mabel Reichard lived on the property ‘Lanosa’ now at 62-64 Mona Vale Road Pymble from 1919 to 1940, and subdivided this larger property (including the residential sites on Orana Avenue and Kywong Avenue) into a residential subdivision including a reserve, which was gifted back to Ku-ring-gai Council and is now known as Orana Reserve.
In February 2015 ‘Lanosa’ (the original residence) was accepted by Council as an item on the Local Heritage List and as such is a significant building. The building was built in 1897 by Charles Martin Buck, a significant member of the local community, and at the time consisted of the land now bounded by Church Street, Mona Vale Road, (as it is now) and Orana Avenue (and now includes Kywong Avenue).The land originally a rural landholding was a significant parcel of land.
The purpose of this petition is to rename Orana Reserve to Reichard Reserve in recognition of the Reichard family’s gift of the land back to Ku-ring-gai Council in preserving an area of great natural beauty, together with the fauna and flora in this rather unique pocket of bushland in this suburban environment, as well as commemorating the contribution of the Reichard family in the development of the early community in this area of Pymble.”
GENERAL BUSINESS
i. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.
ii. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.
GB.1 Roseville P & C Kids Care Association Inc - 4-12 Babbage Road Roseville - Renewal of Licence 107
File: S07521
For Council to consider granting a 5 year licence agreement with further 5 year option, to renew Roseville P & C Kids Care Association Inc, for premises located at 4-12 Babbage Road, Roseville.
Recommendation:
That Council grant a new 5 year lease to RKC from 1 November 2015 to 31 October 2020, together with an option for a further 5 year term.
GB.2 Marian Street Theatre - Community Engagement Outcomes 119
File: S10577
To report to Council the outcomes of the community engagement program undertaken for the Marian Street Theatre.
Recommendation:
That the outcomes from the community engagement program be received and noted by Council, and that the report is made available on Council’s website. It is also recommended that the results of the community engagement be used to inform any future master planning for cultural facilities, including live theatre, in Ku-ring-gai.
GB.3 Marian Street Theatre for Young People - Request for Financial Assistance 130
File: S10095/2
To advise Councillors of a request from the Marian Street Theatre for Young People (MSTYP) for financial assistance to support their operations throughout 2016.
Recommendation:
That Council provide $60,000 to the MSTYP to support the continuation of its operations throughout 2016.
GB.4 Pymble Turramurra Preschool Inc. - Lease Renewal - 21 Handley Avenue Turramurra 168
File: S07466
For Council to consider the granting of a 5 year lease with 5 year further option to renew, to Pymble Turramurra Preschool Inc.
Recommendation:
That Council grant a new 5 year lease to Pymble Turramurra Preschool from 1 September 2015 to 31 August 2020, together with an option for a further 5 year term.
GB.5 Council Meeting Cycle for 2016 179
File: CY00438/3
To consider the Council Meeting Cycle for 2016 which takes into account school holidays, public holidays and the Christmas recess.
Recommendation:
That Council’s Meeting Cycle for 2016 be adopted.
GB.6 4 Binalong Street, West Pymble - Two Lot Torrens Title Subdivision - DA0543/14 184
File: DA0543/14
Ward: Comenarra
Applicant: DFP Planning Pty Limited
Owner: Ku-ring-gai Council
Two lot Torrens title subdivision
Recommendation:
Approval
GB.7 15 - 17 College Crescent, St Ives - Demolition of existing structures and construction of a multi-dwelling development of 12 units, basement car parking and landscaping 220
File: DA0589/14
Ward: St Ives
Applicant: College Crescent Developments Pty Ltd
Owner: L & M Rook, A Ostermayer
To determine Development Application No.DA0589/14 for the demolition of existing structures and construction of a multi-dwelling development of 12 units, basement car-parking and landscaping.
Recommendation:
Approval
GB.8 Project update - 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase 311
File: S10065
To provide an update to Council on the progress of the disposal of part of 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase and to seek final approval for their disposal.
Recommendation:
That Council note the comments in this report and approve the disposal of the proposed lot 11 at 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase.
GB.9 Lindfield Local Centre - Commuter Car Parking 319
File: S10377
The purpose of this report is to seek Council’s approval to submit a proposal to Transport for NSW (TfNSW); the proposal will form the basis for commencing negotiations and completing an agreement between the parties for the provision of commuter car parking spaces in Lindfield local centre.
Recommendation:
That Council submit a formal proposal to TfNSW as the basis for commencing negotiations and completing an agreement between the parties for the provision of 100 commuter car parking spaces as part of the proposed Lindfield Village Green project on the eastern side of Lindfield; and 140 commuter car spaces as part of the Lindfield Community Hub project on the western side of Lindfield.
GB.10 Update Report on the Development Contributions System 341
File: S06785/3
The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system over the past six months and anticipated actions and highlights for the coming twelve months.
Recommendation:
That the information in the report be received and noted.
GB.11 Lindfield Community Hub - planning proposal and site-specific DCP 356
File: S10749
To update Council on the requirement to prepare a planning proposal to amend Ku-ring-gai LEP (Local Centres) 2012 (KLEP 2012) and to prepare a site-specific DCP to reflect the adopted preferred master plan option for the Lindfield Community Hub site.
Recommendation:
That Council resolve to submit a planning proposal to amend KLEP 2012 to amend the zoning, building height and FSR of the site;
That Council resolve to prepare a site-specific DCP to reflect the adopted Preferred Master Plan Option for the site (revised EOI version);
That Council adopts in principle Option 1C of the Transport Management Plan for the Lindfield Local Centre.
GB.12 T14/2015 - NTRA - Stage 4B Turf Sportsfields and Surrounds 508
File: S09880
To consider the tenders received for the construction of North Turramurra Recreation Area (NTRA) Stage 4B Turf Sportsfields and Surrounds and appoint the preferred tenderer.
Recommendation:
In accordance with Section 55 of the Local Government Act and Tender Regulations, and following the request for tender, it is recommended that Council accepts the tender submitted by tender ‘A’ as indicated in the confidential attachment by the Tender Evaluation Committee.
Extra Reports Circulated to Meeting
Motions of which due Notice has been given
NM.1 Extra fencing at Edenborough Oval to stop dogs getting ticks and also protect native flora and fauna 515
File: S02347
Notice of Motion from Councillor Armstrong dated 2 November 2015
Please Councillors: I am putting forward this NOM due to the very deadly situation which is occurring at Edenborough Oval which is fully fenced on only 3 sides and needs the final side fenced to stop dogs from getting ticks which are in enormous numbers and are very deadly if not detected early.
The oval is hugely popular with not only the dog lovers, but also cricket, soccer, archery and touch football (on Sunday afternoons).
I have attended young cricket matches on Saturdays and have seen for myself the amount of lost balls and wasted time searching for balls when a young batsman/batswoman hits a ball which goes straight into the bush. A fence would stop this from happening and would be a positive addition to the other activities that take place at this oval.
Council Staff have already received quotes for the extra fencing which is roughly 100 metres, and the price guide is about $10-15,000.
I realise that the fencing may not be a major issue compared to others we may be facing, but this is an issue that only local council can achieve and I think something that all local Councillors would feel is important.
I ask that the fencing be put in the 2015-16 fencing program.
NM.2 St Ives Clearway Proposal 516
File: TM1/07
Notice of Motion from Councillors Berlioz and Ossip dated 2 November 2015
The RMS has proposed to install a
7 day clearway on Mona Vale Road through St Ives. The local shops and
businesses on Mona Vale Road located between Stanley Street and Rosedale Road
depend heavily on passing motorists and drop-in trade. Any decision to
implement a clearway on Mona Vale Road between Stanley Street and Rosedale Road
would cause untold impact to the viability of these small businesses.
Observation of traffic flows in this segment of Mona Vale Road shows that
traffic flows freely except when stopped by the traffic light on the
intersection of Mona Vale Road and Stanley Street. Consequently, it would
appear, prima facie, that there is no justification for the implementation of
such a clearway.
We therefore move that:
1. Council writes to RMS and requests that, in relation to the segment of Mona
Vale Road between Stanley Street and Rosedale Road, it abandons plans to
implement a clearway.
2. Council writes to RMS and requests that RMS provide Council with all data relevant to this particular segment of Mona Vale Road including traffic studies on the volume and speed of traffic, an economic impact study for the businesses which would be affected by the proposed clearway and traffic modelling to demonstrate the benefits of a clearway in this section on traffic flow.'
NM.3 Emeritus Mayor Jennifer Anderson 517
File: S09602
Notice of Motion from Councillor Fornari-Orsmond dated 3 November 2015
Background
Councillor Jennifer Anderson was formally congratulated at the last Ordinary Meeting of Council (27th October 2015), following the Local Government Association of NSW conferring upon her the title of Emeritus Mayor.
During my congratulatory comments, I stated that Cr Anderson had achieved the title of Emeritus Mayor faster than any previous Ku-ring-gai mayor. Cr Malicki, thereafter, stated that, in the interest of accuracy, she was rising to inform Council that my statement was incorrect and that former Cr Ian Cross had achieved the same title faster than Cr Anderson.
Thus, I now feel compelled, in the interest of accuracy, to inform Council that, in fact, it is Cr Malicki who is incorrect.
Ian Cross was elected to Council in 1999 and served as mayor 2002-2004 (2 years) and again 2009-2011 (2 years). A councillor is eligible for the title of Emeritus Mayor after completing three terms as mayor. Ian Cross achieved that at the end of his 2010 mayoral year. That was more than ten years after he was elected to Council.
Cr Anderson was elected to Council in 2006 and therefore has not yet served ten years, served as mayor in 2011/12, 2013/14 and 2014/15 . This, of course, means that Cr Anderson has achieved the title of Emeritus Mayor faster than any previous Ku-ring-gai Mayor.
I move:
That, in the interest of accuracy, Council receive and note the facts stated above and thereby confirms Cr Jennifer Anderson has been conferred the title of Emeritus Mayor faster than any previous Ku-ring-gai mayor.
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS
Questions Without Notice
Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS
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MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 27 October 2015
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Present: |
The Mayor, Councillor C Szatow (Chairperson) (Gordon Ward) Councillors E Malicki & J Pettett (Comenarra Ward) Councillor D Citer (Gordon Ward) Councillors C Berlioz & D Ossip (St Ives Ward) Councillors J Anderson & D Armstrong (Roseville Ward) Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward) |
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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) Corporate Lawyer (Jamie Taylor) Manager Engineering Operations (Ian Taylor) Manager Urban & Heritage Planning (Antony Fabbro) Manager Records and Governance (Amber Moloney) Governance Officer (Christine Dunand) Minutes Secretary (Sigrid Banzer) |
The Meeting commenced at 7.00 pm
The Mayor offered the Prayer
The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.
No Interest was declared.
The following members of the public addressed Council on items not on the agenda:
G Marjoram – Heritage Listing
G Hosier – Activate Lindfield
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:
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Late Items: |
MM.1 - Cr Jennifer Anderson - Emeritus Mayor - Report by Mayor PA dated 22 October 2015 GB.12 - Fit for the Future Update - Report by General Manager dated 22 October 2015 with attachments. |
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Memorandums: |
Refer GB.12 – Fit for the Future Update – Confidential Memorandum from Director Corporate and General Manager Refer GB.12 – Fit for the Future Update – Memorandum from Director Corporate and General Manager Refer GB.10 – Heritage Item – 140 Pentecost Avenue Turramurra – Memorandum from Manager Urgan & Heritage Planning advising change of recommendation |
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Councillors Additional Agenda Information: |
Refer GB.7 – Pedestrian Mobility Plan Attachment A1 |
Councillor Ossip departed during discussion
PETITIONS
Councillor Ossip returned
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321 |
34 and 40 Clissold Road, Wahroonga - Demolish existing structures and construct nine self contained dwellings, including front fence, driveway and landscaping works (SEPP Seniors Living 2004)
File: DA0112/15 Vide: GB.5
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Demolish existing structures and construct nine new self-contained dwellings, including front fence, driveway and landscaping works (SEPP Seniors Living 2004)
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(Moved: Councillors Berlioz/McDonald)
That Council, as the consent authority, grant development consent to DA0112/15 for the demolition of existing structures and construction of nine new self-contained dwellings under SEPP (Housing for Seniors or People with a Disability) 2004 on land at 34 and 40 Clissold Road, Wahroonga for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:
Conditions that identify approved plans:
1. Approved architectural plans and documentation (new development)
The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
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 Clissold Road 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. 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:
· No. 32 Clissold Road (2 rear buildings along the southern side directly opposite the location of the combined detention / retention tank for No. 34 Clissold Road)
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.
9. 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 the longest heavy rigid vehicle.
The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:
· Demolition · Excavation · Concrete pour · Construction of vehicular crossing and reinstatement of footpath · Traffic control for vehicles reversing into or out of the site.
Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users.
When a satisfactory 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.
10. Work zone
A work zone shall be provided along the site frontage. 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.
11. Sediment controls
Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.
The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.
Reason: To preserve and enhance the natural environment.
12. Erosion and drainage management
Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority. The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.
Reason: To preserve and enhance the natural environment.
13. Tree protection fencing
To preserve retained trees located on site and within the road reserve, no work shall commence until the tree protection zone is fenced off as detailed within the ‘specific tree protection measures’ and ‘general tree protection measures’ as defined and detailed within the Arboricultural Impact Assessment Report by Footprint Green dated 09/07/2015, to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site.
Reason: To protect existing trees during the construction phase.
14. Tree protective fencing type galvanised mesh
The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing.
Reason: To protect existing trees during construction phase.
15. Tree protection signage
Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:
Tree protection zone.
· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted. · Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report. · The arborist's report shall provide proof that no other alternative is available. · The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council. · The name, address, and telephone number of the developer.
Reason: To protect existing trees during the construction phase.
16. Tree protection mulching
Prior to works commencing and throughout construction, the area of the tree protection zone is to be mulched to a depth of 100mm with composted organic material being 75% Eucalyptus leaf litter and 25% wood.
Reason: To protect existing trees during the construction phase.
17. Tree protection - avoiding soil compaction
To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) over the existing driveway and crossover is installed as per AS4970-2009 Figure 4, beneath the canopy of the following trees:
Reason: To protect existing trees during the construction phase.
18. Trunk protection
To preserve the following tree/s, no work shall commence until the trunk/s are protected by the placement of 2.0 metres lengths of 50 x 100mm hardwood timbers spaced at 150mm centres and secured by 2mm wire at 300mm wide spacing over suitable protective padding material. The trunk protection shall be maintained intact until the completion of all work on site.
Any damage to the tree/s shall be treated immediately by an experienced AQF3 Horticulturist/Arborist and a report detailing the works carried out shall be submitted to the Principal Certifying Authority with a copy to Council:
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 Project Arborist and 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. Construction waste management plan
Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s Waste Management controls in the Ku-ring-gai Development Control Plan.
The plan shall address all issues identified in KDCP 2015, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.
Note: The plan shall be provided to the Certifying Authority.
Reason: To ensure appropriate management of construction waste.
21. 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:
22. Amendment to approved architectural plans - relocation of the waste collection area
Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved architectural plan, 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 waste collection area is to be relocated to the south west to be alongside the northern edge of the driveway and vehicular entry gate · the location of the waste collection area is to minmise encroachment into the TPZs of trees to be retained · the location of the waste collection area is to allow for a waste truck to reverse into the driveway and allow waste to be collected directly from the driveway · the letter boxes and associated roof are to be integrated into the amended waste collection area/structure · the pedestrian pathway is to be realigned to maintain clear pedestrian access to the development · redundant pedestrian pathways are to be removed
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the architectural plans have been amended as required by this condition.
Reason: To facilitate orderly waste collection, minimise encroachments into the tree protection zones and improve streetscape amenity.
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:
· the location of the proposed Bin Store within the site frontage shall be relocated as per other conditions of consent requirements · the proposed front entry path shall be relocated as per other conditions of consent requirements · the proposed letter box location shall be amended as per other conditions of consent requirements · the notation regarding pruning of T13 is to be deleted. No consent has been given for pruning works · notation is to be placed on plan that the privacy fence between Units 4 & 5 is to be a lightweight/lap and capped paling fence, consistent with the architectural plans · appropriate screen planting shall be provided on the street side of the Bin enclosure to minimise its visual impact within the streetscape and landscape setting · the existing camellia hedge along the rear portion of the southern boundary is shown as retained
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended as 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. Driveway/crossover levels
Prior to the issue of the Construction Certificate, the Principal Certifying Authority and Project Arborist shall be satisfied that the levels of the proposed driveway crossover, driveway and pedestrian paths located within a 12.0m radius of T1 and T2, shall be designed and constructed as per the Specific Tree Protection Measures detailed within the Arboricultural Impact Assessment Report by Footprint Green dated 09/07/2015.
Reason: To protect existing trees
25. 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.
26. 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.
27. 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.
28. 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.
29. 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 Council’s DCP. 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.
30. Noise from plant in residential zone
Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00pm -6.00 am) when measured at the boundary of the site.
C1. Note: A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.
Reason: To comply with best practice standards for residential acoustic amenity.
31. 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” · no doors or gates are provided in the access driveways which would prevent unrestricted access for internal garbage collection at any time from the garbage storage and collection area · the dimensions of all parking spaces, including lengths and widths, comply with the State Environmental Planning Policy for Senior Living · 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.
32. 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.
33. 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.
34. Underground services
All electrical services (existing and proposed) shall be undergrounded from the proposed building on the site to the appropriate power pole(s) or other connection point. Undergrounding of services must not disturb the root system of existing trees and shall be undertaken in accordance with the requirements of the relevant service provided. Documentary evidence that the relevant service provider has been consulted and that their requirements have been met are to be provided to the Certifying Authority prior to the issue of the Construction Certificate. All electrical and telephone services to the subject property must be placed underground and any redundant poles are to be removed at the expense of the applicant.
Reason: To provide infrastructure that facilitates the future improvement of the streetscape by relocation of overhead lines below ground.
Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):
35. 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.
36. Section 94 development contributions - other than identified centres (For DAs determined on or after 19 December 2010).
This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:
The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.
The contributions specified above are as at the June 2015 quarter and are subject to indexation and may vary at the time of payment 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.
Notwithstanding the total above, in accordance with the s94E Direction issued by the Minister for Planning dated 3 March 2011, for so long as it remains legally in force, the maximum amount payable for the subject development application shall be $20,000 x 9 = $180,000.
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:
37. 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.
38. 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.
39. 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.
40. Construction of works in public road
The applicant shall construct a section of footpath opposite the road near the existing bus stop to achieve compliance with AS1428.1 and DDA Transport Standards. The works must be supervised and approved to the satisfaction of Council's engineer.
Reason: Statutory requirement.
41. 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.
42. Engineering fees
For the purpose of any development related inspections by Ku-ring-gai Council engineers, the corresponding fees set out in Councils adopted Schedule of Fees and Charges are payable to Council. A re-inspection fee per visit may be charged where work is unprepared at the requested time of inspection, or where remedial work is unsatisfactory and a further inspection is required. Engineering fees must be paid in full prior to any final consent from Council.
Reason: To protect public infrastructure.
43. 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.
44. Construction noise
During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with the recommendations of the approved noise and vibration management plan.
Reason: To ensure reasonable standards of amenity to neighbouring properties.
45. 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.
46. Dust control
During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:
· physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust · earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed · all materials shall be stored or stockpiled at the best locations · the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs · all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust · all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays · gates shall be closed between vehicle movements and shall be fitted with shade cloth · cleaning of footpaths and roadways shall be carried out daily
Reason: To protect the environment and amenity of surrounding properties.
47. Post-construction dilapidation report
The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:
· compare the post-construction dilapidation report with the pre-construction dilapidation report · have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.
A copy of this report is to be forwarded to Council at the completion of the construction works.
Reason: Management of records.
48. 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.
49. 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.
50. 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.
51. 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.
52. 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.
53. 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.
54. Sydney Water Section 73 Compliance Certificate
The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing Coordinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au <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 Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
Reason: Statutory requirement.
55. Arborist’s report
The tree/s to be retained shall be inspected, monitored and treated by a qualified arborist during and after completion of development works to ensure their long term survival. Regular inspections and documentation from the arborist to the Principal Certifying Authority are required at the following times or phases of work:
Reason: To ensure protection of existing trees.
56. Treatment of tree roots
If tree roots are severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced AQF3 Arborist/Horticulturist under the direct supervision of an AQF5 arborist. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.
Reason: To protect existing trees.
57. 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.
58. 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.
59. 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.
60. 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.
61. 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.
62. Canopy replenishment trees to be planted
The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.
Reason: To maintain the treed character of the area.
63. 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:
64. 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.
65. 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. 619825M_02 dated 6 July 2015 have been complied with.
Reason: Statutory requirement.
66. 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.
67. 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:
(i) The installation and performance of the mechanical systems complies with: · The Building Code of Australia · Australian Standard AS1668 · Australian Standard AS3666 where applicable
(ii) The mechanical ventilation system in isolation and in association with other mechanical ventilation equipment, when in operation will not be audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest adjoining boundary.
Note: Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.
Reason: To protect the amenity of surrounding properties.
68. 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.
69. 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 Ku-ring-gai DCP Part 25R.9.2). 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.
70. 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 Ku-ring-gai DCP Part 25B.5 respectively, have been achieved · retained water is connected and available for use · all grates potentially accessible by children are secured · components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia · all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices
Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.
Reason: To protect the environment.
71. 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.
72. 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 Ku-ring-gai DCP Part 25R.9.1). 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.
73. 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.
74. 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.
75. Construction of works in public road
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 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 Council standard drawings and technical specifications.
Reason: To ensure that works undertaken in the road reserve are to the satisfaction of Council.
76. 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.
77. Fire safety certificate
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a Fire Safety Certificate for all the essential fire or other safety measures forming part of this consent has been completed and provided to Council.
Note: A copy of the Fire Safety Certificate must be submitted to Council.
Reason: To ensure suitable fire safety measures are in place.
78. Restriction on land title - seniors living development
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that restriction as to use of land under Section 88E of the Conveyancing Act 1919, has been created restricting the occupation of the premises to:
· people 55 or over or people who have a disability · people who live with people 55 or over or people who have a disability · staff employed to assist in the administration of and provision of services to housing provided in this development
Reason: To ensure that the development meets the provisions of the Seniors Living SEPP.
79. SEPP Seniors Living advertising
All advertising, signage, marketing or promotion of the sale of the dwellings in this development shall make clear reference to the fact that this is a SEPP Seniors Living development and that at least one occupier shall be aged 55 years or over or have a disability.
Reason: To ensure that the development meets the provisions of the Seniors Living SEPP.
Conditions to be satisfied prior to the issue of either an Occupation or Subdivision Certificate (which comes first):
80. Construction Standards - Housing for Seniors or People with a Disability
Prior to the issue of an occupation certificate or occupation of the development (whichever comes first), certification shall be provided from an accredited access consultant to the certifying authority which demonstrates that the fit out and construction of the development satisfies the design criteria in Schedule 3 of SEPP (Housing for Seniors or People with a Disability) 2004.
Reason: To ensure compliance with SEPP (Housing for Seniors or People with a Disability) 2004.
81. Material of shared driveway/pedestrian zone
The pedestrian pathway within the shared driveway zone is to be an alternate slip resistant surface material to differentiate it from the concrete driveway.
Reason: Ensure compliance with the accessibility requirements.
82. Consolidation of lots
Prior to the issue of the Occupation Certificate, Lot X DP 419199 and Lot Y DP 419199 are to be consolidated into a single lot.
Reason: To achieve orderly development of the land.
Conditions to be satisfied at all times:
83. Retention of existing camellia hedge
The existing camellia hedge along the southern boundary is to be retained and protected for the life of the development.
Reason: Maintain amenity between neighbouring sites.
84. Height of screens between courtyards
The overall height of any screens between courtyards shall not exceed 1800mm above the finished ground level.
Reason: To maintain internal amenity.
85. 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.
86. Noise control - plant and machinery
All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.
Reason: To protect the amenity of surrounding residents.
87. Noise control - rainwater re-use system
All noise generating equipment, such as pumps, associated with any proposed rainwater re-use system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the pump/s outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.
Reason: To protect the amenity of surrounding residents.
CARRIED UNANIMOUSLY |
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11 - 15 Merriwa Street Gordon - Construction of a mixed use building comprising 63 residential units, 3 retail suites and basement car parking
File: DA0447/14 Vide: GB.6
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Construction of a mixed use building comprising 63 residential units, 3 retail suites and basement car parking
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(Moved: Councillors Berlioz/Citer)
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 DA0447/14 for demolition of existing structures and construction of a mixed use building comprised of 63 residential units, 3 retail suites and basement car parking at 11 – 15 Merriwa 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 Merriwa 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. Dilapidation survey and report (private property)
Prior to the commencement of any 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.
9. Construction and traffic management plan
The applicant must submit to Council a Construction Traffic Management Plan (CTMP), which is to be approved prior to the commencement of any works on site.
The plan is to consist of a report with Traffic Control Plans attached.
The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The CTMP applies to all persons associated with excavation and construction of the development.
The report is to contain construction vehicle routes for approach and departure to and from all directions.
The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for an 11 metre long heavy rigid vehicle. If a No Parking restriction opposite the construction vehicle access point is required, application is to be made to the Ku-ring-gai Local Traffic Committee, and approval obtained prior to the approval of the CTMP.
The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:
o Excavation o Concrete pour o Construction of vehicular crossing and reinstatement of footpath o Traffic control for vehicles reversing into or out of the site.
Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users.
When a satisfactory CTMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved CTMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines may be issued for any non-compliance with this condition.
Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.
10. Work zone
A Works Zone is to be provided in Fitzsimons Lane subject to the approval of the Ku-ring-gai Local Traffic Committee.
No loading or unloading must be undertaken from the public road or nature strip unless within a Works Zone which has been approved and paid for.
In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.
Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.
11. Erosion and drainage management
Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority. The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.
Reason: To preserve and enhance the natural environment.
12. Tree protection fencing
To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site.
Reason: To protect existing trees during the construction phase.
13. Tree protective fencing type galvanised mesh
The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing.
Reason: To protect existing trees during construction phase.
14. Tree protection signage
Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:
Tree protection zone.
· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted. · Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report. · The arborist's report shall provide proof that no other alternative is available. · The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council. · The name, address, and telephone number of the developer.
Reason: To protect existing trees during the construction phase.
15. 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.
16. Tree protection - avoiding soil compaction
To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) within a 7.0m radius over the proposed driveway location of the following tree/s is/are installed:
Reason: To protect existing trees during the construction phase.
17. Tree fencing inspection
Upon installation of the required tree protection measures, an inspection of the site by the Principal Certifying Authority is required to verify that tree protection measures comply with all relevant conditions.
Reason: To protect existing trees during the construction phase.
18. 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:
19. Construction of food preparation areas
The construction of any food premises must meet the requirements of the Food Act 2003 and Regulations, Food Safety Standards, Australian Standard 4674 2004, and Australian Standard 1668 Parts 1 and 2. Plans submitted to the PCA prior to release of the Construction Certificate to satisfy this condition shall include the following:
· Floor, wall and ceiling construction and finishes for the food preparation areas; · Floor plan, elevations and sections showing the construction and fit-out of fixtures and fittings for the food preparation areas; · Location of coolroom/cold storage areas/dry food storage areas; · Location and ducting for mechanical ventilation system. Mechanical ventilation systems must be installed in accordance with Part F4.5 of the Building Code of Australia and comply with Australian Standard AS1668.2 Parts 1 and 2; and · Location of an internal garbage storage area.
Reason: To ensure compliance with public health guidelines and standards.
20. Garbage and recycling facilities
An appropriate area shall be provided at the premises for the storage of all waste and recyclable material generated by this premises and associated garbage bins/recycling containers. The garbage storage area shall be covered and all internal walls be rendered to a smooth surface, coved at the floor/wall intersection, graded and appropriately drained to the sewer with a tap in close proximity to facilitate cleaning. Details of the waste storage area indicating compliance with the above, are to be provided to the Principal Certifying Authority (PCA) prior to issue of a Construction Certificate.
Reason: To prevent pollution of the environment and to protect the amenity of the area.
21. Noise from mechanical plant
Detailed review of all external mechanical plant should be undertaken by an accredited acoustic consultant prior to release of the Construction Certificate once plant selections and locations are finalised. The review should include any acoustic treatments required to control plant noise emissions so that this plant will comply with the consent conditions and noise requirements of the Protection of the Environment Operations Act 1997. Any required acoustic treatments shall be installed.
Reason: Acoustic Logic Document reference 20141063.1/1209A/RO/RL dated 12/9/14 - to protect the amenity of neighbouring residents.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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 retail 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.
27. 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.
28. 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 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.
29. Suspended/cantilevered driveway adjacent to trees
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the driveway slab and barrier will be suspended/cantilevered above natural ground levels within the specified radius of the trunk/s of the following tree/s:
Note: Structural details of the suspended slab construction shall be submitted to the Principal Certifying Authority.
Reason: To protect existing trees.
30. 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.
31. Driveway grades - basement carparks
Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement floor level. The traffic engineer shall provide specific written certification on the plans that:
· vehicular access can be obtained using grades of 20% (1 in 5) maximum and · all changes in grade (transitions) comply with Australian Standard 2890.1 -“Off-street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles.
If a new driveway crossing is proposed, the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application.
Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.
32. Basement car parking details
Prior to issue of the Construction Certificate, certified parking layout plan(s) to scale showing all aspects of the vehicle access and accommodation arrangements must be submitted to and approved by the Certifying Authority. A qualified civil/traffic engineer must review the proposed vehicle access and accommodation layout and provide written certification on the plans that:
· all parking space dimensions, driveway and aisle widths, driveway grades, transitions, circulation ramps, blind aisle situations and other trafficked areas comply with Australian Standard 2890.1 - 2004 “Off-street car parking” · a clear height clearance of 2.6 metres (required under DCP40 for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement · no doors or gates are provided in the access driveways to the basement carpark which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area · the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans
Reason: To ensure that parking spaces are in accordance with the approved development.
33. 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.
34. 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.
Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):
35. 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.
36. 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
Infrastructure Type Total Gordon TC New Roads & Road Modifications $224,664.96 Gordon TC Local Parks & Sporting Facilities $817,400.66 Gordon TC Townscape Transport & Pedestrian Facilities $414,929.31 LGA Wide Local Recreational & Cultural $116,101.94
Development Contributions Total $1,573,096.87
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:
37. 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.
38. 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.
39. 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.
40. 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.
41. 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.
42. Dust control
During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:
· physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust · earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed · all materials shall be stored or stockpiled at the best locations · the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs · all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust · all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays · gates shall be closed between vehicle movements and shall be fitted with shade cloth · cleaning of footpaths and roadways shall be carried out daily
Reason: To protect the environment and amenity of surrounding properties.
43. Post-construction dilapidation report
The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:
· compare the post-construction dilapidation report with the pre-construction dilapidation report · have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.
A copy of this report is to be forwarded to Council at the completion of the construction works.
Reason: Management of records.
44. Further geotechnical input and further environmental investigation
a) The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by Douglas Partners dated November 2006. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:
· further geotechnical investigations and testing recommended in the above report(s) and as determined necessary · further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary · written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs
b) The contamination management of the site must be managed in accordance with the Preliminary Environmental Site Assessment report by Aargus dated September 2012. In particular prior to the commencement of works, the a suitably qualified contamination remediation professional is to undertake a Phase 2 Site Assessment. The recommendations of the Preliminary Environmental Site Assessment report by Aargus, and the recommendations of the Phase 2 Site Assessment must be undertaken and complied with.
Reason: To ensure the safety and protection of property and the environment.
45. 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 Douglas Partners dated November 2006. 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.
46. 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.
47. 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.
48. 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.
49. 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.
50. Approval for rock anchors
Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property. If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.
Reason: To ensure the ongoing safety and protection of property.
51. 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.
52. 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.
53. Temporary rock anchors
If the use of temporary rock anchors extending into the road reserve is proposed, then approval must be obtained from Council and/or the Roads and Traffic Authority in accordance with Section 138 of the Roads Act 1993. The Applicant is to submit details of all the work that is to be considered, and the works are not to commence until approval has been granted. The designs are to include details of the following:
· How the temporary rock anchors will be left in a way that they will not harm or interfere with any future excavation in the public road · That the locations of the rock anchors are registered with Dial Before You Dig · That approval of all utility authorities likely to use the public road has been obtained. All temporary rock anchors are located outside the allocations for the various utilities as adopted by the Streets Opening Conference. · That any remaining de-stressed rock anchors are sufficiently isolated from the structure that they cannot damage the structure if pulled during future excavations or work in the public road. · That signs will be placed and maintained on the building stating that de-stressed rock anchors remain in the public road and include a contact number for the building manager. The signs are to be at least 600mm x 450mm with lettering on the signs is to be no less than 75mm high. The signs are to be at not more than 60m spacing. At least one sign must be visible from all locations on the footpath outside the property. The wording on the signs is to be submitted to Council’s Director Technical Services for approval before any signs are installed.
Permanent rock anchors are not to be used where any part of the anchor extends outside the development site into public areas or road reserves.
All works in the public road are to be carried out in accordance with the Conditions of Construction issued with any approval of works granted under Section 138 of the Roads Act 1993.
Reason: To ensure the ongoing safety and protection of property.
54. Sydney Water Section 73 Compliance Certificate
The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing CoOrdinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au <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 CoOrdinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
Reason: Statutory requirement.
55. Arborist’s report
The tree/s to be retained shall be inspected, monitored and treated by a qualified Arborist during and after completion of development works to ensure their long term survival. Regular inspections and documentation from the Arborist to the Principal Certifying Authority are required at the following times or phases of work:
Reason: To ensure protection of existing trees.
56. Treatment of tree roots
If tree roots are severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced AQF3 Arborist/Horticulturist. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees. A written report of pruning works undertaken shall be submitted to the Principal Certifying Authority within one week of the works being undertaken.
Reason: To protect existing trees.
57. 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.
58. 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.
59. 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.
60. 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.
61. Canopy replenishment trees to be planted
The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.
Reason: To maintain the treed character of the area.
62. Survey and inspection of waste collection clearance and path of travel
At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:
· ascertain the reduced level of the underside of the slab at the driveway entry, · certify that the level is not lower than the level shown on the approved DA plans; and · certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area. · This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab. · No work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.
At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area. This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.
Reason: To ensure access will be available for Council’s contractors to collect waste from the collection point.
63. 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:
64. 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 and lift motors, must not exceed the background noise level by more than 5 decibels between 7am and 10pm when measured at the boundary of the nearest affected residential premises including both externally to the building as well as residential premises located within the building of 11 Merriwa Street. Written confirmation from an accredited 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.
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, must not exceed the background noise level at all between 10pm and 7am when measured in a habitable room of the nearest residential property including within 11 Merriwa Street and residential premises located externally to the building. Written confirmation from an accredited 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 amenity of neighbouring residents.
65. Mechanical ventilation
Following completion, installation and testing of all the mechanical ventilation systems for the premises, including but not limited to the carpark and food premises areas, certification shall be provided to the PCA from a suitably qualified person prior to the issue of an Occupation Certificate of the following:
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 neighbouring residents.
66. Internal Noise
The PCA shall be satisfied, through certification from an accredited acoustic consultant, that all noise reduction recommendations and requirements of the acoustic consultant report (Acoustic Logic Reference: 20141063.1/1209A/RO/RL dated 12/9/14) have been implemented prior to release of the Occupation Certificate.
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) prior to release of the Occupation Certificate.
Reason: To protect the residential amenity.
67. Easement for waste collection
Prior to the issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that an easement for waste collection has been created under Section 88B of the Conveyancing Act 1919. The terms of the easement are to be generally in accordance with Council's draft terms for an easement for waste collection and shall be to the satisfaction of Council's Development Engineer.
Reason: To permit legal access for Council, Council's contractors and their vehicles over the subject site for waste collection.
68. Parking signage
Prior to the release of the occupation certificate, the visitor space V8 shall be signposted to indicate no standing during waste collection hours.
Retail parking spaces are to be appropriately linemarked and signposted.
Reason: To ensure efficient movement of waste collection vehicles.
69. 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. 574304M_05 have been complied with.
Reason: Statutory requirement.
70. 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.
71. Certification of drainage works
Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:
· the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans · the minimum retention and on-site detention storage volume requirements of Ku-ring-gai Local Centres Development Control Plan have been achieved · retained water is connected and available for use · 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.
72. 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.
73. 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 Volume C Part 4R.9 of Ku-ring-gai Local Centres DCP). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.
Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.
Reason: To protect the environment.
74. 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.
75. Certification of as-constructed driveway/carpark
Prior to issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that:
· the as-constructed car park complies with the approved Construction Certificate plans
· the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 - 2004 “Off-Street car parking" in terms of minimum parking space dimensions
· 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.
76. 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.
77. Fire safety certificate
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a Fire Safety Certificate for all the essential fire or other safety measures forming part of this consent has been completed and provided to Council.
Note: A copy of the Fire Safety Certificate must be submitted to Council.
Reason: To ensure suitable fire safety measures are in place.
Conditions to be satisfied at all times:
78. Garbage and recycling facilities
All waste and recycling bins associated with the premises are to be stored within the designated internal waste storage area. All commercial waste/recycling material is to be stored separately to residential waste/recycling material.
Reason: To prevent pollution of the environment and to protect the amenity of the area.
79. Food premises
The construction of any food preparation and food storage areas shall be in accordance with the requirements of the Food Act 2003, Food Standards Code 3.2.3 (Food Premises and Equipment) and Australian Standard 4674-2004 (Design Construction and Fit-out of Food Premises).
Reason: To ensure compliance with food standards.
80. 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 and lift motors, must not exceed the background noise level by more than 5 decibels between 7am and 10pm when measured at the boundary of the nearest affected residential premises including both externally to the building as well as residential premises located within the building of 11 - 15 Merriwa Street.
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, must not be audible at all between 10pm and 7am when measured inside a habitable room of the nearest affected residential premises including residential premises within the building of 11 - 15 Merriwa Street as well as residential premises located externally to the building.
At all times the use of the retail premises for any purpose (including any associated mechanical plant) shall not generate an acoustic impact that does not comply with the above requirement.
Reason: To protect the amenity of residential premises.
81. Toilet facilities
Each retail tenancy is to have use and access to a toilet that is disabled accessible.
Reason: Public health.
82. 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.
83. 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.
84. Hours of operation
At all times, the hours of operation of the retail tenancies are to be restricted to:
Monday to Friday 8.30am - 6.00pm Saturday 8.30am - 6.00pm Sunday and public holidays 9.00 am - 1.00pm
Reason: To protect the amenity of the area.
For the Resolution: The Mayor, Councillor Szatow, Councillors Citer, McDonald, Pettett, Malicki, Berlioz, Anderson, Fornari-Orsmond and Ossip
Against the Resolution: Councillor Armstrong
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323 |
New Road Dedication and Naming of Road - Gordon
File: S03211 Vide: GB.9
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To seek Council’s approval to dedicate Lot 1 DP518757 and Lot B DP 355865, being 36 McIntyre Street and 41 Dumaresq Street Gordon respectively, as a public road and to formally name the new road.
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(Moved: Councillors Berlioz/Citer)
That Council resolves :
A. To dedicate Lot 1 DP518757 and Lot B DP 355865 (36 McIntyre and 41 Dumaresq Streets) as public road in accordance with section 10 of the Roads Act 1993;
B. That, pursuant to section 162(1) of the Roads Act 1993, the road be named “Beans Farm Road” following formal dedication of the subject Lots as public road;
C. To grant the General Manager and the Mayor delegated authority to transact and execute all documentation including the signing of a survey plan, administration sheets, authorisation and placement of gazettal notices and all formal tasks associated with the dedication and naming of the public road.
CARRIED UNANIMOUSLY |
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324 |
Proposal for a New Clubhouse at Koola Park, East Killara
File: S03076/9 Vide: GB.11
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To seek approval from Council to ask the NSW Crown Lands Division to grant owner’s consent for a Development Application to be submitted by Lindfield Junior Rugby Club for the construction of a new clubhouse at Koola Park, East Killara.
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(Moved: Councillors Berlioz/Anderson)
A. That Council receive and note the report.
B. That Council give in-principle support for the construction of a new clubhouse at Koola Park, East Killara.
C. That Council request the NSW Crown Lands Division to grant owner’s consent for a Development Application to be submitted by Lindfield Junior Rugby Club for the new facility.
CARRIED UNANIMOUSLY |
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325 |
Briefing on the impacts of 10/50 on Ku-ring-gai
File: S10321 Vide: NM.1
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Notice of Motion from Councillor Malicki dated 8 October 2015
I move that the Mayor offer MPs Jonathan O'Dea and Alister Henskens a briefing from our staff on the impacts of 10/50 on Ku-ring-gai.
This briefing should also explain the limited benefit of recent changes and the additional changes to 10/50 needed to protect the natural beauty of our Council area.
It would also be useful to brief the MPs on the pattern of wildfire usual throughout Ku-ring-gai.
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(Moved: Councillors Malicki/Pettett)
That the above Notice of Motion as printed be adopted.
For the Resolution: The Mayor, Councillor Szatow, Councillors Citer, McDonald, Pettett, Malicki, Armstrong, Berlioz, Anderson, Ossip
Against the Resolution: Councillor Fornari-Orsmond
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Standing Orders
were suspended to deal with items
where there are speakers first after a
Motion moved by Councillors McDonald and Berlioz
was CARRIED UNANIMOUSLY
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326 |
Heritage listing - 140 Pentecost Avenue, Turramurra
File: S10066 Vide: GB.10
T El-Hage D Logan G McKee
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To have Council consider 140 Pentecost Avenue, Turramurra as a potential heritage item under the Ku‑ring-gai Local Environmental Plan 2015
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(Moved: Councillors Anderson/McDonald)
A. That Council proceed to prepare a planning proposal to amend KLEP 2015 to include:
· 140 Pentecost Ave, Turramurra including the garden (Lot B, DP 389475) as a potential heritage item, in schedule 5 and on the heritage map.
B. That the Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.
C. That in order to facilitate an expedient gateway determination, the NSW Heritage Office be consulted prior to submitting the Planning Proposal to the Department of Planning and Environment. Should comments not be received within 21 days, the planning proposal is to be submitted regardless.
D. That Council request the plan making delegation under Section 23 of the EP&A Act for this planning proposal.
E. That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements.
F. That a report be brought back to Council at the conclusion of the exhibition period.
For the Resolution: The Mayor, Councillor Szatow, Councillors McDonald, Malicki, Armstrong, Berlioz, Anderson, Fornari-Orsmond
Against the Resolution: Councillors Citer, Pettett and Ossip
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327 |
File: S09638 Vide: GB.12
G Hosier
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To provide Council with IPART’s assessment of its Fit for the Future proposal and update Council on the recently announced process for submitting new merger proposal options to the State Government.
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(Moved: Councillors McDonald/Armstrong)
A. That Council note that IPART assessed Ku-ring-gai Council as meeting all financial benchmarks and was only considered by them to be ‘unfit’ as it did not meet the State Government target for size (known as scale and capacity).
B. That Council note that its reasons for forming the view that the interests of the residents and ratepayers of Ku-ring-gai were best served by remaining stand alone have not changed with the findings of the IPART report.
C. That Council delegate to the General Manager the authority to finalise and submit comments to the State Government on IPART’s findings, consistent with the draft submission provided in Attachment E.
D. That a further report be submitted to Council to determine a final position on mergers, prior to the deadline of 18 November 2015.
E. That further information be obtained regarding the confidential attachment to GB.12 and reported back to Council.
For the Resolution: The Mayor, Councillor Szatow, Councillors McDonald, Pettett, Malicki, Armstrong, Berlioz, Fornari-Orsmond and Ossip
Against the Resolution: Councillors Citer and Anderson
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328 |
Allocation and Use
of Sports Fields and
File: S09042 Vide: NM.2
B Collings D Funk B Williams J Perry
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Notice of Motion from Councillor Malicki dated 19 October 2015
As a Councillor I always like to ensure that I have all relevant information when I am required to make a decision on a matter, especially a decision that is likely to have a serious impact on local residents.
One such decision currently before the council is to night light up to nine netball/dual use courts at the Canoon Road Recreation Area. This will lead to additional traffic, parking and noise issues throughout South Turramurra, potentially up to 7 nights a week including training and tennis use. I consider there is important information Councillors need to make their decision that has so far not been made available to us.
A previous Strategic Plan for Sports Fields and Courts, acknowledging that there were few locations for new sports fields or courts to be constructed in Ku-ring-gai, contained the following Recommendation for more effective use of our Courts and Playing Fields, based on a consultant's study and report:
“Give preference to Ku-ring-gai based clubs with a high proportion of Ku-ring-gai residents when allocating grounds."
Netball is a sport where a high proportion of players are not Ku-ring-gai residents, and in fact two clubs, Berowra and Hornsby Heights, are Hornsby based and most of their players live in Hornsby Shire. In 1999 these two clubs had 561 members, only 11 of whom lived in Ku-ring-gai. They supplied over one sixth of the number of participants at Canoon Road every Saturday, which equates to the use of around 3 or 4 courts.
In fact, a third of players using Canoon Road Recreation Area in 1999- 1,065 out of 3,150 players - did not live in Ku-ring-gai, with 8 out of 20 of the clubs having fewer than half their members living in Ku-ring-gai.
Obviously Councillors need updated numbers of netball players from each of the clubs with their post codes to allow us to evaluate how many KNA players live in Ku-ring-gai, and how many come from other Council areas, particularly from Berowra and Hornsby Heights Netball Clubs. According to the "Sport in Ku-ring-gai Strategy" Action Plan 1.1 this is supposed to occur annually for all sports.
Therefore I move:
That Council obtain the numbers of netball players in each of the clubs which use the Canoon Road Netball Complex, and the numbers of players in each club who are not Ku-ring-gai residents, prior to any report on the matter coming back to Council for a decision which will impact on local residents.
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(Moved: Councillors Malicki/Pettett)
That the above Notice of Motion as printed be adopted.
For the Resolution: Councillors McDonald, Pettett, Malicki and Berlioz
Against the Resolution: The Mayor, Councillor Szatow, Councillors Citer, Armstrong, Anderson, Fornari-Orsmond and Ossip
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
Councillor McDonald moved a Procedural Motion asking the Mayor to seek a vote on the matter as there had been 2 speakers For and 2 Against.
For the Motion: The Mayor, Councillor Szatow, Councillors McDonald, Pettett, Malicki, Armstrong, Berlioz, Anderson, Fornari-Orsmond and Ossip
Against the Resolution: Councillor Citer
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329 |
Ku-ring-gai Amateur Swimming Club Inc - Extension of Licence to Occupy Club Room - Ku-ring-gai Fitness & Aquatic Centre
File: S10142 Vide: GB.2
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For Council to consider granting an extension of the current licence agreement for a 12 month period, to the Ku-ring-gai Amateur Swimming Club Inc., to occupy club room premises at the Ku-ring-gai Fitness and Aquatic Centre at Bicentennial Park West Pymble.
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(Moved: Councillors Anderson/Armstrong)
A. That Council grant an extension deed for the licence agreement to Ku-ring-gai Amateur Swimming Club Inc. for club room premises at the Ku-ring-gai Fitness and Aquatic Centre, for a 12 month period, expiring 20 October 2016.
B. That licence fees be waived during the term of the extended licence period.
C. That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.
D. That Council authorise the affixing of the Common Seal of Council to the documentation.
CARRIED UNANIMOUSLY |
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330 |
Pedestrian Access and Mobility Plan
File: S09064 Vide: GB.7
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To have Council consider the draft Ku-ring-gai Pedestrian Access and Mobility Plan for formal public exhibition.
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(Moved: Councillors Anderson/McDonald)
That the draft Ku-ring-gai Pedestrian Access and Mobility Plan be placed on formal public exhibition for a minimum of 28 days and a report be brought back to Council at the conclusion of the exhibition period.
For the Resolution: The Mayor, Councillor Szatow, Councillors Citer, McDonald, Pettett, Malicki, Armstrong, Anderson, Fornari-Orsmond
Against the Resolution: Councillors Berlioz and Ossip
The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was:
(Moved: Councillors Berlioz/Ossip)
That the matter be deferred for a Council briefing.
For the Original Motion: Councillors Berlioz, Ossip, Citer, Malicki
Against the Original Motion The Mayor, Councillor Szatow, Councillors, Fornari-Orsmond, McDonald, Anderson, Armstrong, Pettett
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331 |
Rosedale Road Steering Committee
File: S06482 Vide: GB.8
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For Council to make appointments to an external Rosedale Road Steering Committee for the 2015/2016 term.
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(Moved: Councillors Ossip/Malicki)
A. That Council appoints :Councillor Berlioz as a representative to the Rosedale Road Steering Committee.
(Moved: Councillor s Malicki/Berlioz)
B. That Council appoints :Councillor Ossip as a representative to the Rosedale Road Steering Committee.
C. That the Rosedale Road Steering Committee be informed of Council’s nominated representatives. CARRIED UNANIMOUSLY |
Motions of which due Notice has been given
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332 |
File: S02119 Vide: NM.3
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Notice of Motion from Councillors McDonald and Anderson dated 19 October 2015
Currently there is significant reform taking place at both the State Government and Commonwealth Government level in terms of social policy and approaches to addressing emerging community issues. This is occurring in the areas of aged and disability services, domestic violence, homelessness and supported transitional accommodation, social isolation, mental health, community relations, settlement services and child protection, just to name a few. Increasingly social and community planning is occurring on a large geographical basis i.e. regional, metropolitan or state wide basis.
It will be important for local communities to have their voices heard. A focus on broad based needs indicators and planning, centred on deficits can be enhanced with a focus on the strengths of a particular community or area, in addition to well-identified local needs. What we are proposing is to establish a forum where local community groups, residents and Council can come together to discuss social issues and work out local solutions that are appropriate to Ku-ring-gai and that promote resilience. The aims of such a forum could include:
· Early identification of emerging social issues and trends · Development of responses to social problems that empower the community and foster local ownership · Encourage collective action across the community and multi-faceted approaches to resolve complex social problems · Mobilisation of skills knowledge and resources around specific issues or projects identified by the community · Facilitate enhanced coordination and communication between Council, local groups and the general community
Importantly the community input, information and data generated by this Forum can be used to inform Council’s Community Strategic Plan and new Delivery Plan identify gaps in service delivery and to advocate for additional resources into the area.
Recommendations
· That Council establish a Community Services Forum to discuss social issues and programs relevant to the Ku-ring-gai area. · That the participants of the Forum comprise of Councillors and Council staff and, key community groups and organisations operating in the area, and that the Forum is open to the general public. · That the Forum is a one-off event and matters arising from the Forum can be further explored and used to inform the Community Strategic Plan as appropriate. · That Council officers, coordinate and present the Forum. · That the Forum cover areas such as but not limited to: - Children - Young people - Older people - People with a disability - Health/ welfare - Housing/homelessness - People from culturally and linguistically diverse backgrounds - Social and community plans - Leisure and recreational services and facilities - Arts/cultural
· That Council update the Ku-ring-gai Community Plan and undertake a gap analysis to identify emerging community needs to inform the next review of the Community Strategic Plan and new Delivery Plan 2017-2021.
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(Moved: Councillors McDonald/Fornari-Orsmond)
That the above Notice of Motion as printed be adopted.
CARRIED UNANIMOUSLY |
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333 |
Permanent Box Trailers Covered in Advertising Parked on Local Roads
File: S04442 Vide: QN.1
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Question Without Notice from Councillor D Citer
I’ve had a resident indicate concern about permanently box trailers that are covered in advertising. He has indicated that there are a number of box trailers that are parked in Killeaton Street, Burns Road and Mona Vale Road, causing traffic problems and obstacles for bicycle riders mainly because they are parked on the road verges.
Is it possible for Council staff/rangers to investigate some of these box trailers and can we actually take any action?
Answered by Director Development & Regulation
The Director Development & Regulation advised that at the present time if those trailers are parked legally there is not a lot that council can do and that has been an ongoing problem. However, that is set to potentially change with some changes to the relevant legislation in partnership also with the new provisions of Council’s LEP, but at the present stage stated that if there are instances that are referred to the Councillors please refer them to Director andhe will ensure that the rangers investigate them and take the appropriate action where possible.
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334 |
File: S04668 Vide: QN.2
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Question Without Notice from Councillor D Citer
Many residents of East Killara have been ringing me and writing to me indicating that the rabbit plague has unfortunately returned to areas of East Killara – especially around the Saiala Oval area and the surrounding parts of East Killara.
Has there been a recent assessment of the numbers of rabbits in the East Killara area?
Are there any possible remedies for the rabbit problem?
Answered by Director Operations
The Director Operations advised he will provide a memorandum to councillors giving an indication of what programmes council is undertaking.
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335 |
Bicentennial Park Looking Shabby and Neglected
File: S02243/7 Vide: QN.3
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Question Without Notice from Councillor E Malicki
While walking around the Bicentennial Park recently I found it appears to be very shabby and neglected. There are massive infestations of the weed trad (tradescantia fluminensis) and there was a fair amount of graffiti.
Can we bring the Bicentennial Park to a state that is acceptable please, and if there is not sufficient funding can this be reviewed please?
Answered by Director Operations
The Director Operations advised he would take the question on notice and provide a memorandum about what Council can do about it.
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336 |
Membership Details of All Clubs Playing at Canoon Road Netball Complex
File: S09042 Vide: QN.4
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Question Without Notice from Councillor E Malicki
Can Comenarra Ward Councillors be given membership details of all clubs playing at Canoon Road Netball Complex? Namely the numbers per club with postcodes?
I note the Secretary of the KNA clearly stated she had supplied such figures to Council.
Answered by General Manager
The General Manager advised, as indicated during the debate, if he can locate those records within Council’s system he will be more than happy to provide that information.
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337 |
In Relation to NM.2 Allocation and Use of Sportsfields and Courts in Ku-ring-gai seeks clarification
File: S09042 Vide: QN.5
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Question Without Notice from Councillor C Fornari-Orsmond
I would like to seek clarification, in Cr Malicki’s sum ups she was saying that they had provided the information to staff, however, my understanding was the netball association has the information but staff haven’t requested nor have the data.
Answered by Director Strategy & Environment
The Director Strategy & Environment advised that Council staff have not sought the information and to my knowledge we don’t have it, but as the General Manager has made it clear if we do have it we will try and find it, but we have not asked for it.
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338 |
File: S02759 Vide: QN.6
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Question Without Notice from Councillor J Anderson
The presentation this week in the Gordon Library hosted by Lifeline psychologists on Hoarding Disorder. The meeting room was full of desperate people in need of help. Lifeline said they already have a waiting list and no funding to run the clinical course with psychologists. I understand in the past some financial support has been provided by Council and indeed the original course was set up after a suicide was reported in Willoughby Council area following a request to clean-up hoarding in a person’s home.
Can I ask our staff if there is any Council funding support available or sources for such to run these courses?
Answered by Director Community
The Director Community advised that she would check tomorrow (Wednesday) however, our financial assistance programme applications have closed. Director stated that she believes Lifeline regularly apply for funding so will can check to see if they actually have applied for funding, and if that is the case the recommendations will be coming to Council soon.
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339 |
Update on Leasing Levels at 828 Pacifc Highway Gordon
File: S09582/2 Vide: QN.7
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Question Without Notice from Councillor D Armstrong
Can Council staff provide an update on the leasing levels of the building at 828 Pacific Highway?
Answered by Director Strategy & Environment
The Director Strategy & Environment advised he would take the question on notice.
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340 |
Review of Recording for Exact Wording Used by KNA Secretary During Debate
File: S09042 Vide: QN.8
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Question Without Notice from Councillor J Pettett.
Can staff review tonight’s tape to get the exact wording used by KNA Secretary about the player numbers provided to Council?
Answered by General Manager
The General Manager advised that staff will provide a transcript of that section of the debate.
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The Meeting closed at 9.41pm
The Minutes of the Ordinary Meeting of Council held on 27 October 2015 (Pages 1 - 105) were confirmed as a full and accurate record of proceedings on 10 November 2015.
__________________________ __________________________
General Manager Mayor / Chairperson
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Ordinary Meeting of Council - 10 November 2015 |
PT.1 / 100 |
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Item PT.1 |
S02972 |
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29 October 2015 |
Petition
Renaming
of Orana Reserve to Reichard Reserve
(Twenty Seven [27] Signatures)
“We, the undersigned, petition the Mayor and Councillors of Ku-ring-gai Council to support the renaming of Orana Reserve to Reichard Reserve for the reasons outlined below:
Albert and Mabel Reichard lived on the property ‘Lanosa’ now at 62-64 Mona Vale Road Pymble from 1919 to 1940, and subdivided this larger property (including the residential sites on Orana Avenue and Kywong Avenue) into a residential subdivision including a reserve, which was gifted back to Ku-ring-gai Council and is now known as Orana Reserve.
In February 2015 ‘Lanosa’ (the original residence) was accepted by Council as an item on the Local Heritage List and as such is a significant building. The building was built in 1897 by Charles Martin Buck, a significant member of the local community, and at the time consisted of the land now bounded by Church Street, Mona Vale Road, (as it is now) and Orana Avenue (and now includes Kywong Avenue).The land originally a rural landholding was a significant parcel of land.
The purpose of this petition is to rename Orana Reserve to Reichard Reserve in recognition of the Reichard family’s gift of the land back to Ku-ring-gai Council in preserving an area of great natural beauty, together with the fauna and flora in this rather unique pocket of bushland in this suburban environment, as well as commemorating the contribution of the Reichard family in the development of the early community in this area of Pymble.”
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That the petition be received and referred to the appropriate Officer of Council for attention.
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Ordinary Meeting of Council - 10 November 2015 |
GB.1 / 101 |
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Item GB.1 |
S07521 |
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9 August 2015 |
Roseville P & C Kids Care Association Inc - 4-12 Babbage Road Roseville - Renewal of Licence
EXECUTIVE SUMMARY
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purpose of report: |
For Council to consider granting a 5 year licence agreement with further 5 year option, to renew Roseville P & C Kids Care Association Inc, for premises located at 4-12 Babbage Road, Roseville. |
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background: |
Roseville P & C Kids Care Association Inc (RKC) has operated a before and after school care service as well as a vacation care service since 1989. RKC has operated the service under successive term licence agreements with Ku-ring-gai Council. |
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comments: |
RKC is a non-profit community group offering child care services to the local Roseville community. RKC has complied with the terms and conditions of the previous licence. RKC has requested a renewal of their licence with Council for a further term. |
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recommendation: |
That Council grant a new 5 year lease to RKC from 1 November 2015 to 31 October 2020, together with an option for a further 5 year term. |
Purpose of Report
For Council to consider granting a 5 year licence agreement with further 5 year option, to renew Roseville P & C Kids Care Association Inc, for premises located at 4-12 Babbage Road, Roseville.
Background
The premises are located at 4-12 Babbage Road, Roseville, situated within the Roseville Chase Memorial Community Centre Hall. (Attachment A1).
RKC occupies a portion of the memorial hall building, the remainder of the building is occupied by 2 other community organisations – the Cavalcade of History and Fashion and KU Children’s Services. (Attachment A2).
RKC has operated a before and after school care service as well as a vacation care service since 1989 and has operated the service under successive term licence agreements with Ku-ring-gai Council. The RKC rooms comprise of a large open space room with kitchen space, office and toilet. RKC is also permitted shared access for storage of equipment in Council’s chair and table storage room.
In 2013 Council carried out internal alterations to the Community Centre Hall to create additional storage areas for all 3 occupying groups, including RKC. This shared storage room replaced a former stage area that was used for storage.
Comments
RKC has a strong established connection with Roseville Public School and the Roseville community. RKC is a non-profit community group offering child care services to the local Roseville community.
The organisation has complied with the terms and conditions of the previous licence. RKC has requested a renewal of their licence with Council for a further term. Council officers have been in communication with RKC during 2014-2015 with RKC keen to have certainty in its operations to enable it to offer ongoing children’s services for the next 5-10 years.
RKC is operated by a parent Board of Management and has fulfilled its responsibilities as a reliable tenant over several decades of occupation at Roseville. The current lease agreement has expired and is currently holding over on a month to month basis.
Hours of Operation
Before School Care: 7:00am – 9:00am
After School Care: 3:10pm – 6:00pm
Vacation Care: 7:00am – 6:00pm (School Holidays)
In addition to the exclusive areas occupied, RKC has non-exclusive access to the main community centre hall and outside playground areas during the school term occupation times. During the school holidays, the main hall is occupied by RKC for a vacation care program. This program is not part of the licence agreement, and is booked separately in advance via Council’s booking system, with additional hire fees in accordance with Council’s Fees and Charges.
Internal Refurbishment
As RKC has committed to contributing funds towards the new renovations to the premises, they have requested that Council give favourable consideration to a new licence agreement that has an option period for renewal to enable amortisation of the RKC costs in upgrading the facility. As owner of the building the upgrading of the facilities would normally be Council’s responsibility to implement and fund.
RKC have recently completed upgrading the RKC centre. The upgrade included a new kitchen and office facilities, together with new flooring. This upgrade has provided considerable savings to Council in the upgrade the facility over the next 10 years.
Re-roofing Works of RKC Facility
Council will be undertaking works to re-roof the RKC building over the next 6-12 months. During the duration of these works, RKC will not be permitted to use the licensed area for safety reasons.
integrated planning and reporting
RKC provides child care services that are encompassed under Councils Delivery Operational Plan 2013/17, primarily under the theme Community People and Culture.
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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C1.1 An equitable and inclusive community that cares and provides for its members.
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C1.1.1 Council’s policies, programs and advocacy address the social and health needs of all age groups, reduce disadvantage and address gaps in service provision.
C1.1.2 Access has increased for communities that face barriers to using social services and facilities. |
Deliver quality children services to meet the needs of local families, including immunisation, vacation care, long day care and family day care.
Develop and implement programs that respond to community needs and address a range of accessibility issues and alleviates social isolation.
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Governance Matters
Council is the owner of Part Lots 19, 20 & 21 DP9852, Lot 23 DP 7517 and Lot 24 DP1079890. It is zoned R2 Low Density Residential and classified as Community Land. The Planning Instrument is Ku-ring-gai Local Environmental Plan 2015.
The facility is covered under the Community Halls and Meeting Rooms Plan of Management (adopted 25 June 2013). Under the Plan, Council is permitted by resolution to enter into lease and licence agreements with relevant authorities, organisations, individuals or companies.
As per section 47 of the NSW Local Government Act, 28 days public notification of the proposed licence is required. The current and proposed licence also complies with Council’s Policy for Management of Community and Recreation Land and Facilities.
Risk Management
RKC will continue to indemnify Council by undertaking contents insurance as well as $20 million Public Liability Insurance. Evidence of currency is to be supplied annually to Council.
RKC has a record over the last 26 years during its occupation and meeting its full responsibilities as a reliable licensee, having consistently complied with the conditions of previous and existing licensing arrangements. RKC ensures compliance that the service meets the National Standards for Out of School Care.
Financial Considerations
The current rent payable by RKC is $2,096pa (incl GST). This includes a 90% rental rebate. RKC has agreed to pay an increased rental for the first year of the term after rebate of $3,014pa (incl GST) with successive 5% yearly increases over the term of the new licence period. RKC has agreed to the new licence fees and term under a Heads of Agreement. (See Attachment A3).
The projected licence fees over the 5 year period are:
$3,014 – Year 1
$3,164 – Year 2
$3,323 – Year 3
$3,489 – Year 4
$3,663 – Year 5
In accordance with Council’s Policy for Management of Community and Recreation Land and Facilities (the Policy), RKC is obliged to pay Council’s legal costs and the one off $550 administration fee to Council for administrative costs incurred associated with the preparation of the licence.
In addition to the new licence fees, RKC has recently upgraded the facility partially through its own funds and partially through a community partnership grant from the NSW Government. The upgrade works included the construction of a new kitchen, office and installation of new flooring for the main room of the centre. The works totalled over $50,000.
Social Considerations
RKC has operated a before and after school care service as well as a vacation care service for 26 years and has a strong established relationship with the Roseville community.
The service RKC provides childcare for children in the Roseville area, with children from Roseville Public School being the main attendees.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
No consultation is required for the process prior to Council resolution. Once Council resolves to grant the proposed licence, 28 days public notification of Council’s intention to grant the lease of the premises will occur, in accordance with s 47 (1) a of the Local Government Act 1993.
Internal Consultation
Consultation has taken place between Council’s Community, Strategy and Environment and Operations departments.
Summary
Roseville P & C Kids Care Association Inc (RKC) has been operating as a community based non-profit before and after school care/vacation care service for 26 years within Ku-ring-gai LGA.
RKC is operated by a parent Board of Management and has fulfilled its responsibilities as a reliable tenant over several decades of occupation at Roseville. RKC has requested a new 5 year licence with a further 5 year further option to amortise its costs in the recent extensive upgrade of the Centre.
The RKC facility plays a crucial role in providing a before and after school care/vacation care service for working parents in the Roseville area. The renewal of this licence for the next 5-10 years will ensure that the service will continue to maintain its important child care services at Roseville in the medium term future.
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A. That Council approve the granting of a 5 year licence agreement with further 5 year option to Roseville P & C Kids Care Association Inc (RKC, for premises located at 4-12 Babbage Road, Roseville.
B. That the licence commence from 1 November 2015 and expire on 31 October 2020.
C. That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.
D. That Council authorise the affixing of the Common Seal of Council to the Licence. |
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Michael New Property Officer Recreational Facilties |
Mark Taylor Manager Community & Recreation Services |
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Janice Bevan Director Community |
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A1View |
Aerial Map - Roseville Community Hall |
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2015/220741 |
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A2View |
Kids Care Licensed Area - Plan |
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2015/220732 |
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A3View |
Signed Returned Heads of Agreement - Roseville Kids Care |
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2015/269987 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.2 / 112 |
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Item GB.2 |
S10577 |
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18 August 2015 |
Marian Street Theatre - Community Engagement Outcomes
EXECUTIVE SUMMARY
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purpose of report: |
To report to Council the outcomes of the community engagement program undertaken for the Marian Street Theatre. |
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background: |
In October 2014 Council resolved to engage an independent consultant to determine community priorities for the Marian Street Theatre, the Marian Street Theatre for Young People, and live theatre in Ku-ring-gai. |
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comments: |
The outcomes from the community engagement program demonstrated that the Ku-ring-gai community places high importance on live theatre, with most people attending such performances at least once or twice a year. Additionally the engagement found that Ku-ring-gai residents identify art and culture as important elements for the community, with strong support for live performance within Ku-ring-gai. Most people surveyed were aware of the Marian Street Theatre and have attended performances there, they also stated that they would attend live performances within the Ku-ring-gai LGA, should opportunities to do so be available. |
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recommendation: |
That the outcomes from the community engagement program be received and noted by Council, and that the report is made available on Council’s website. It is also recommended that the results of the community engagement be used to inform any future master planning for cultural facilities, including live theatre, in Ku-ring-gai. |
Purpose of Report
To report to Council the outcomes of the community engagement program undertaken for the Marian Street Theatre.
Background
The Marian Street Theatre (MST) was constructed in 1906 as a community hall and in 1965 was converted into a 280 seat theatre. The theatre was home to the Marian Street Theatre Ltd (also known as the Northside Theatre Company) from 1965 to 2001. Marian Street Theatre for Young People (MSTYP) was established in 1974 and has been the sole occupier of the MST since 2001. The theatre was closed in late 2013 due to safety concerns.
Council recognised the Marian Street Theatre as an important community asset, and wanted to work with the community in determining the future of live theatre in Ku-ring-gai. Council also wanted to take into consideration the future of the Marian Street Theatre for Young People.
At its meeting of the 28 October 2014, Council resolved in part:
That, taking into consideration the future of the MST and the MSTYP, Council engage an independent consultant to determine community priorities for a theatre in Ku-ring-gai and the results of the community consultation be reported to Council.
The community engagement consultancy, Straight Talk, was commissioned to design, implement and report on a comprehensive community engagement program. This report provides details of that program, its objectives and its outcomes. Communications and engagement for the Marian Street Theatre commenced in March 2015 and concluded in June 2015. See Straight Talk Report (Attachment A1)
Comments
Objectives of the Communications and Engagement Strategy undertaken by Straight Talk
The objectives of the communication and engagement with residents and stakeholders were set as follows:
· Educate key stakeholders, residents and the community about the background to the consultation and the project
· Encourage and motivate the participation of the broader community including key stakeholders, interested community members and unengaged members of the community
· Understand the priorities for Ku-ring-gai residents, with a focus on priorities for live theatre
· Identify opportunities for Marian Street Theatre (the Theatre) and live theatre in Ku-ring-gai.
Specifically the engagement aimed to:
· Understand awareness, previous use of and community connection to the Theatre
· Understand demand and usage patterns for live theatre by Ku-ring-gai residents
· Explore options for the future use of the Theatre site
· Explore priorities for live theatre options for Ku-ring-gai more broadly.
It is important to note when reporting on the output of the engagement that the consultant’s aim was to provide Council and the community with a balanced report on the views of the community as a whole. To provide a clear outcome for the project, stakeholders and community members were asked via the various methods of community consultation to indicate their preferred options for the future of Marian Street Theatre, from the following:
· Refurbish Theatre (at a cost of $4.1 million)
· Part Refurbish (at a cost of $2.9 million)
· New purpose-built venue
· No live theatre venue.
These options are referred to in this report.
Underpinning the engagement strategy with best practice principles
The engagement approach was robust and transparent. It ensured all community stakeholders had an opportunity for comment and input. Our approach was underpinned by two key principles:
1. NSW Social Justice Principles
2. International Association of Public Participation (IAP2) spectrum
The NSW Social Justice Principles of inclusion and democratic representation are:
· Equity – There is fairness in decision making and prioritising and allocation of resources.
· Access – All people have fair access to services, resources and opportunities to meet their basic needs and improve their quality of life.
· Participation – Everyone has the maximum opportunity to genuinely participate in decisions which affect their lives.
· Rights – Everyone’s rights are recognised and promoted.
The International Association of Public Participation (IAP2) spectrum illustrates:
· Inform- We will keep you informed.
· Consult- We will keep you informed, listen to and acknowledge concerns and provide feedback on how public input influenced the decision.
· Involve - We will work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed and provide feedback on how public input influenced the decision.
· Collaborate - We will look to you for direct advice and innovation in formulating solutions and incorporate your advice and recommendations into the decisions to the maximum extent possible.
Engagement for the future of Marian Street Theatre and live theatre in Ku-ring-gai was designed to capture the opinions of two main groups:
· Interested stakeholders - those who have or have had direct involvement with the facility (e.g. theatre user groups, previous users, neighbours etc.),
· Broader community – those who may have no connection with the theatre
Hearing from both these groups helped to ensure Council fully understands the community need for live performance space in Ku-ring-gai, and at the Marian Street Theatre in particular. To achieve this, a range of communication and engagement tools and methods were employed.
Communications methods included:
· Article in the Ku-ring-gai Council e-news (with approx. 7,000 subscribers)
· 2 Marian Street Theatre and Live Theatre in Ku-ring-gai E-newsletter (with 136 subscribers)
· Use of Social Media (Facebook and Twitter)
· Ongoing use of dedicated project page on Council’s website
· Advertisements in Council’s Corporate advertisement in the North Shore Times (3 in total over the entire consultation program)
· One media release
Engagement methods included:
· ‘Haveyoursaykuringai’ page – during the consultation phase the project page received 847 visits with peak daily traffic of 73 visits. March was the busiest month with 1272 page views and 437 visitors.
· Online survey (hosted on the ‘Haveyoursaykuringai’ page) - 8 March to 24 April 2015 - 32 participants.
· Random telephone survey (demographically representative - undertaken by independent market research consultancy) March 2015 - 403 participants. The representative survey covered a number of topics as it sought to understand community opinion on leisure activities in Ku-ring-gai including Marian St Theatre and Gordon Golf Course.
· Face to face stakeholder meetings
o Marian Street Theatre for Young People Director and Business Manager (18 March)
o Marian Street Theatre for Young People Board Meeting (30 April)
· Opt in stakeholder workshop - took place on 13 May with 29 people attending. The opt-in workshop was self-selected and therefore not necessarily a representative sample of the Ku-ring-gai community, but indicative of the opinion of community members who are engaged on these issues.
· Randomly recruited community workshop -29 attendees selected during the random telephone survey by market research consultancy.
· Online discussion forums - via the ‘haveyoursaykuringgai’ site were held focussing on the following themes:
o What cultural facilities are important to you and why?
o What would be the benefits of refurbishing the Marian Street Theatre?
o What would be the benefits of a new, purpose-built facility to replace Marian Street Theatre?
o Do you have any preferences in terms of how Council funds the refurbishment/new venue? What factors should Council consider?
Key Engagement Outcomes
Feedback received from all of the groups both opt-in and recruited indicated that:
· The Ku-ring-gai community places high importance on live theatre performance, and access it regularly. For example, the random representative telephone survey indicated that 62% of the community had attended a live theatre production in the previous 6 months increasing to 85% attendance in past 3 years.
· Most people attend live performances at least once or twice a year and most people identify art and culture as important elements for a community.
· There is strong support for live performance in Ku-ring-gai.
· Most people are aware of Marian Street Theatre and have attended a performance there.
· Most people believe they would attend live performances in the LGA should they be available.
With regards to the future of Marian Street Theatre:
· Both the refurbishment options were supported.
· There was support for a new purpose built venue dependant on cost and location.
· Motivations behind specific options differed across stakeholder groups:
o Stakeholders and interested community members favoured refurbishment as it was more likely to happen and more quickly that than a purpose built venue
o The general community indicated that cost was a major factor and were more likely to identify other venues (such as the Concourse at Chatswood) as available and viable options
o While a permanent home for MSTYP was not the major factor for the general community, it was identified that any option that did not address their needs was regrettable. ‘It would be a shame to lose MSTYP’.
Key Findings from each consultation method
Random/Recruited Engagement
Community members without a specific stake or interest in the theatre – randon recruitment was undertaken to ensure participants reflected the demographic profile of Ku-ring-gai
Telephone Survey
(403 participants – survey conducted by independent market research company – representative sample of Ku-ring-gai demographics)
Connection with Marian Street Theatre
· 94 % of respondents had heard of the Marian Street Theatre.
· 74% had attended a performance at Marian Street Theatre.
· 13% of respondents had been involved with Marian Street Theatre, either directly themselves or a member of their family.
Consumption of Live Theatre performance
· 85% of respondents had been to a live theatre production within the previous 3 years, including 62% who had been within the last 6 months.
· 25% attend live performances doing so inside Ku-ring-gai. The rest travel elsewhere
· Musicals (66.0%) were the most popular performances, followed by plays (37.6%) and dance performances (18.4%).
Future of Marian Street Theatre
· 85% were in favour of the theatre's refurbishment
· 56% in favour of the more expensive $4.1 million option
· 15% were not in favour of either of the refurbishment options presented
Recruited workshop
(29 people recruited and attended workshop)
The workshop was structured to encourage discussion and gather qualitative feedback.
Participants described the value of live theatre and performance in the LGA. The following 4 themes indicate where the participants believe live theatre adds value:
· Helps personal, creative and skills development (13)
· Create a sense of community / provides a community focal point (8)
· Allows people to perform locally and watch locally (6)
· Provides an opportunity or younger people in the LGA to experience live theatre (6)
Recruited workshop participants discussed the each redevelopment option. Responses have been sorted into positive and negative themes for each option below:
$2.9 million refurbishment option
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Positive |
Negative |
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Gets Marian Street Theatre started up quickly |
Doesn’t provide value for money |
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Maintains the history of the building |
Doesn’t provide the necessary facilities |
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Provides options for young people |
There isn't the demand |
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The most cost effective option |
Reinvest in a new facility |
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Should be in an alternative location |
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Prefer the full renovation. |
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Need to balance wider community benefits |
$4.1 million refurbishment option
|
Positive |
Negative |
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Better facility |
Waste of money |
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Faster timeframe |
Bad location |
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Will attract theatre groups |
Still not big enough |
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Cheaper than going to Chatswood (Zenith) for locals |
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Stakeholders and interested community members
These are groups that have specific interests in the Marian Street Theatre, and took steps to be actively involved to have a say about the future of facility.
Stakeholder Meetings
(2 meetings held with MSTYP)
· Marian Street Theatre for Young People has a strong connection to Marian Street Theatre, given it was home to the organisation for many years.
· MSTYP was concerned about awareness of their activities as there is a perception in the community that the organisation ceased operating when the theatre was closed. This has been reflected by reduced enrolment numbers and a $25,000 reduction in revenue since the theatre’s closure.
· Meeting with MSTYP also revealed that while MSTYP thinks that while Council values the asset, Council staff do not understand the needs and requirements of a small theatre.
· MSTYP asserted that current access to performance spaces is insufficient to meet their needs and that they require permanent residency at a venue. Enrolments have fallen and this, together with uncertainty about the future of both the theatre and MSTYP, is exacerbating the financial stress the organisation is under.
· MSTYP agrees that the theatre needs an upgrade but is not convinced it needs refurbishing to the level Council suggests is necessary.
· Outcomes from the stakeholder meetings indicate that if a new venue is built, MSTYP would like it to have two storeys, with MSTYP residency on second storey and a performance space (that could be hired to other groups) on the ground floor. The design of the performance space should include a dressing room, wings, holding areas, loading dock and rehearsal space.
· Ideally, the location of a new venue should consider the benefits of the existing theatre’s location
Online Survey
(Completed by 32 people in March/April)
Connection with Marian Street Theatre
· Respondents had a high level of awareness of, and previous use of, Marian Street Theatre.
· All respondents had heard of the Marian Street Theatre.
· 87% had attended a performance at the Marian Street Theatre. (It is important to note that the survey did not differentiate between the Northside Theatre and MSTYP)
· 34% of respondents had been involved in MSTYP (or had a family member who had been involved).
Consumption of Live Theatre performance
· 97% of respondents to the online survey had attended a live theatre performance in the last six months, and most stated that if it was available they would attend live theatre in Ku-ring-gai every few months or more often
· 81.3% of respondents having seen a play in the past 6 months. Musicals and comedy performances were the next most popular types of performance, followed closely by dance.
· 94% were interested in seeing live theatre in their area
Opt-in workshop
(29 attendees held on 13 May)
Participants described the value of live theatre and performance in the local government area. The following 4 themes indicate where they believe live theatre adds value:
· Allows people to perform locally and watch locally and creates local interest in the arts (19)
· Helps personal, creative and skills development (17)
· Create a sense of community/provides a community focal point (17)
· Provides an opportunity or younger people in the LGA to experience live theatre (14)
Development options
Opt-in workshop participants discussed the each option. Responses have been sorted into positive and negative themes for each option.
$2.9 million refurbishment option
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Positive |
Negative |
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Marian Street Theatre opens quickly and allows for further work later |
Uncertainty for groups about hours and accessibility under council management |
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Provides a safe and accessible venue |
Concern about MSTYP losing its resident company |
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Maintains appropriate size and function |
Disruptive for community groups |
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A viable option |
Unaffordable renting fees |
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Maintains the history of the building |
Doesn’t provide the necessary facilities |
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A base for a cultural hub |
Should be in an alternative location |
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Could be used for multiple groups |
Isn't quick enough |
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Could be used for young people’s theatre |
The costing is inaccurate. |
$4.1 million refurbishment option
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Positive |
Negative |
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Provides a higher quality venue |
Not financially sustainable |
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There are efficiency returns from achieving a certain scale |
Delays have a cost |
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A venue that is built to last |
A big upfront cost |
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Would disrupt the surrounding area |
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Concern about MSTYP |
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Restaurant at lower level 2 takes away rehearsal space |
|
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No added benefits compared to $2.9 million refurbishment option |
Purpose-build performance space
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Positive |
Negative |
|
A venue for diverse groups |
No concrete plan |
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A better location |
Timing |
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A better facility |
Cost |
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Best of both worlds, refurbish Marian Street and build a new performance space |
What about community theatre groups? |
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A modern, flexible facility |
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Conclusion
It is clear that a high percentage of the community are strong supporters of live theatre and frequent theatre goers, and would patronise live theatre in Ku-ring-gai. It is recommended that the outcomes of this report should be used to inform the master planning of any future cultural facilities, including live theatre, in Ku-ring-gai.
Key findings are:
· The Ku-ring-gai community places high importance on live theatre performance and access it regularly. For example, the random representative telephone survey indicated that 62% of the community had attended a live theatre production in the previous 6 months increasing to 85% attendance in past 3 years.
· Most people attend live performances at least once or twice a year and most people identify art and culture as important elements for a community
· There is strong support for live performance in Ku-ring-gai
· Most people are aware of Marian Street Theatre and have attended a performance there
· Most people believe they would attend live performances in the LGA should they be available
integrated planning and reporting
Leadership
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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L4.1 The community is informed and engaged in decision-making processes for community outcomes
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Community engagement utilises effective and varied communication channels to reach all sections of the community.
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Revise Engagement Policy and ensure promotion and education throughout the organisation.
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Contribute to enhancing and protecting Council’s reputation and public image |
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Governance Matters
The development and subsequent delivery of the communications and engagement strategy adheres to the guidelines and principles of Ku-ring-gai Council’s Consultation Policy, the International Association of Public Participation (IAP2) and NSW Social Justice Principles.
Risk Management
The Marian Street Theatre is currently closed following a comprehensive building audit that identified a number of safety concerns for the MSTYP and their audiences.
Financial Considerations
Refurbishment of Marian Street Theatre will cost at least $2.9 million. There is no provision in Council’s Long Term Financial Budget for resourcing the refurbishment of the MST.
Social Considerations
Live theatre plays a vital role in the social and cultural life of the residents of Ku-ring-gai. This has been clearly demonstrated through the outcomes of the community engagement undertaken by Straight Talk with 62% of the community attending live theatre within in a 6 month period, and 85% attending over 3 years.
Most people surveyed attend live performances at least once or twice a year and identify art and culture as important elements for a community. There is strong support for live performance in Ku-ring-gai and residents believe they would attend live performances in the LGA regularly should they be available.
Environmental Considerations
There are no environmental considerations associated with the communications and engagement program.
Community Consultation
An extensive, multi-channel communications and engagement program was implemented to inform residents and stakeholders about the Marian Street Theatre and live theatre in Ku-ring-gai.
A multi-model engagement process was conducted consulting with a range of stakeholders incorporating the following engagement activities:
· 2 workshops -1 opt in and 1 randomly recruited
· 400 randomly selected telephone survey of Ku-ring-gai residents
· Have your say survey on Council’s website
· Meetings with MSTYP and Board
Internal Consultation
Consultation has been undertaken with Strategy and Environment and Development and Regulation departments within council.
Summary
The Marian Street Theatre was closed due to safety concerns in December 2013. Following a detailed building audit and feasibility study and Council resolved, in October 2014, to engage an independent consultation process to determine community priorities for live theatre in Ku-ring-gai.
The community engagement consultancy, Straight Talk, was commissioned to design, implement and report on a comprehensive community engagement program.
Engagement for the future of Marian Street Theatre and live theatre in Ku-ring-gai was designed to capture the opinions of two main groups:
· Interested stakeholders - those who have or have had direct involvement with the facility (e.g. theatre user groups, previous users, neighbours etc.),
· Broader community – those who may have no connection with the theatre
The outcomes from the community engagement demonstrated that the Ku-ring-gai community places high importance on live theatre performance, and access it regularly with most people attending live performances at least once or twice a year.
It is clear that the Ku-ring-gai community are frequent theatre goers and would patronise live theatre in Ku-ring-gai. It is recommended that the outcomes of this engagement process should be used to inform the master planning of any future of cultural facilities in Ku-ring-gai.
Ku-ring-gai residents identify art and culture as important elements for the community and there is strong support for live performance in Ku-ring-gai.
Most people surveyed were aware of the Marian Street Theatre and have attended performances there, and most people believe they would attend live performances in the Ku-ring-gai LGA should they be available.
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A. That the outcomes from the community engagement program for the Marian Street Theatre, undertaken by Straight Talk, be received and noted by Council.
B. That the Straight Talk community engagement and communications report be placed on Council’s website.
C. That the outcomes from the community engagement program for the Marian Street Theatre, undertaken by Straight Talk, be used to inform any future master planning for cultural facilities, including live theatre, in Ku-ring-gai.
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Virginia Leafe Manager Corporate Communications |
Janice Bevan Director Community |
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Attachments: |
A1 |
Straight Talk Consultation Report |
Excluded |
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Ordinary Meeting of Council - 10 November 2015 |
GB.3 / 123 |
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Item GB.3 |
S10095/2 |
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15 September 2015 |
Marian Street Theatre for Young People - Request for Financial Assistance
EXECUTIVE SUMMARY
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purpose of report: |
To advise Councillors of a request from the Marian Street Theatre for Young People (MSTYP) for financial assistance to support their operations throughout 2016. |
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background: |
In December 2013 Council resolved to give notice to the MSTYP to vacate the MST due to the unsafe state of the theatre. The MSTYP vacated the MST in January 2014 and Council engaged an independent theatre consultant to undertake a detailed review of the condition of the theatre and its management structure. |
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comments: |
The condition of the MST was far worse than originally anticipated, and the MST remains closed pending a decision from Council about its future. Council provided $60,000 financial support to MSTYP for 2015, and in order to continue to remain financially viable throughout 2016, the MSTYP has requested financial assistance of an additional $60,000 from Council. |
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recommendation: |
That Council provide $60,000 to the MSTYP to support the continuation of its operations throughout 2016. |
Purpose of Report
To advise Councillors of a request from the Marian Street Theatre for Young People (MSTYP) for financial assistance to support their operations throughout 2016.
Background
The MSTYP has been the sole occupier of the Marian Street Theatre since 2001. In December 2013 Council resolved to give notice to the MSTYP to vacate the MST due to the unsafe state of the theatre.
The MSTYP vacated the MST in January 2014 and Council engaged an independent theatre consultant to undertake a detailed review of the condition of the theatre and its management structure.
Comments
The condition of the MST was far worse than originally anticipated, and the MST remains closed pending a decision from Council about its future.
The MSTYP has continued to operate in alternative venues throughout 2015 following financial assistance of $60,000 from Council. The MSTYP has requested an additional $60,000 from Council in order to remain financial viable throughout 2016. (Attachment A1)
The attached MSTYP Business Plan (Attachment A2) lists the proposed Education, Productions and Projects for 2016. This includes:
· Drama Classes
· Productions (Wind in the Willows and Puss in Boots)
· Community Involvement (St Ives Shopping Centre)
· Creative Developments (Blaxland and Daughter collaboration)
The Business Plan also lists the grants that the MSTYP received in 2015:
· Ku-ring-gai Council $60,000
· MSTYP Gift Fund $10,000
Along with grant applications awaiting approval from:
· Arts NSW 2016 Arts and Cultural Projects $8,145
· The Australia Council $10,800
integrated planning and reporting
Community, People and Culture
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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C1 - Community Wellbeing |
C1.1 An equitable and inclusive community that cares and provides for its members. |
Our community facilities are accessible and function as cultural hubs to attract a range of users |
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C2 - Cultural Diversity and Creativity |
C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity. |
Ku-ring-gai's rich cultural diversity and creativity is celebrated through programs and events. |
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C4 - Healthy Lifestyles |
C4.1 A community that embraces healthier lifestyle choices and practices. |
A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing. |
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P7 Enhancing community buildings and facilities |
P7.1 Multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs. |
Standards are developed to improve the condition and functionality of existing and new assets. |
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Usage of existing community buildings and facilities is optimised. |
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P8 Improving the standard of our infrastructure |
P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community assets. |
Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity. |
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Programs for infrastructure and asset maintenance management are delivered in accordance with the adopted Asset Management Strategy and Plans. |
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E3 Visitation opportunities |
E3.1 Ku-ring-gai has a range of activities and experiences that attract visitors. |
Tourism business has been strengthened and expanded. |
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E3.1 Ku-ring-gai has a range of activities and experiences that attract visitors. |
Ku-ring-gai is marketed as a provider of a range of visitor activities and experiences. |
Governance Matters
Council currently has a Sponsorship Policy and provides financial assistance to community and cultural groups through a Financial Assistance Program each year. Council also has a Sponsorship program that provides funding as sponsorship for both community and commercial activities.
Risk Management
Council, in resolving that the MSTYP vacate the MST in December 2013, did so with the primary concern for the safety of the young people and their audiences. Council avoided significant risk in resolving to close the MST in order to further investigate the physical condition of the building.
The risk to Council’s reputation was also minimised in this regard as the theatre was in a very poor condition physical condition. Council’s reputation should also be considered in respect to the request from the MSTYP for financial assistance.
Financial assistance of $60,000 from Council would ensure the MST remains operational throughout 2016. The funding, if successful, would be for 12 months only, and would be issued with a number of conditions including ones ensuring Council would receive appropriate recognition, and positive media publicity for the funding.
Financial Considerations
The MSTYP has provided an updated Budget Summary for 2016 (Attachment A3)
Key points from the MSTYP for the updated budget summary include:
The spikes in the cash flow are:
· Ticket sales – July and August
· Grants – April and July 2015
The dips in the cash flow are:
· Production expenses
· Drama school expenditure
· Overheads
· We have cut costs significantly this year. Unfortunately, our reduced operations mean we cannot provide a third children’s production and a youth production.
· The success of Peter Pan was offset by poor ticket sales for The Little Mermaid - reflecting the precarious nature of theatre.
· The chart reflects the huge fluctuations in cash flow over the year - Drama School fees at the beginning of each semester and production ticket sales versus expenditure on teachers’ wages, hall hire and production costs.
· At the end of 2015 MSTYP is projected to have $21048.54, which includes advance payments of drama school fees for 2016. This amount is essential to pay for utilities, rent, storage and drama teachers for the January workshop and support the company at the beginning of 2016.
· MSTYP continues to partner with Knox Grammar School, St Ives Shopping Centre and Bunnings Warehouse to bring children’s theatre to Sydney and Ku-ring-gai communities.
Corporate staff have provided the following comments and key assumptions from the MSTYP updated forecast budget for 2016:
1. Total expenses for 2016 are projected to increase by $39,850 or 14% compared to 2015, while income (including Council grant) is projected to increase by only $19,272 or 6.4% compared to 2015.
2. As mentioned above, expenses increase by more than income, in particular, Theatre Expenses increase by $9,064 (10%), compared to an increase of $7,232 (6.2%) in Theatre income , Drama expenses increase by $18,962 (31%), compared to an increase in Drama income of $12,020 ( 11.4%), Overhead expenses are projected to increase by $11,824 (9.3%).
3. Cash flow position – The closing balance of cash at the end of December 2015 is estimated at $54,309 (opening balance of cash 2015 plus net surplus achieved during the same year, adjusted for Depreciation) , in 2016 closing cash balance (scenario with Council grant) is estimated at $55,779 (opening balance for 2016 plus surplus achieved in 2016 ($470), adjusted for Depreciation). If Grant from Council is not received, the cash will have a negative balance (overdraft) of $4,221, after adjusting for Depreciation.
Social Considerations
The MSTYP is a not for profit theatre organisation operating for the benefit of children and young people in Ku-ring-gai. The MSTYP creates productions for children and provides drama training and theatre making opportunities for young people from the age of 3 through to young adults. Young people in the community are able to participate in presenting and making theatre as actors, stage managers, directors and technical operators. MSTYP creates a supportive environment where young people work together in developing their talents.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
There is no community consultation necessary for this report.
Internal Consultation
The Corporate department has been consulted in the writing of this report.
Summary
The MSTYP has been the sole occupier of the MST since 2001. Since vacating the MST in January 2014 the MSTYP has had to hire alternative venues from which to operate their drama classes and stage their theatre productions.
Council provided MSTYP with $60,000 to enable the continuation of its operations throughout 2015.
The MSTYP has requested Council provide further financial assistance of $60,000 to support the continuation of its operations throughout 2016.
This report recommends funding of $60,000 be provided to MSTYP (in 3 instalments of $20,000 throughout 2016) pending and the development of a funding agreement between Council and the MSTYP.
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A. That Council provide the MSTYP financial assistance of $60,000 to support its operations throughout 2016.
B. That, should Council provide financial assistance to the MSTYP, Council prepare a funding agreement between Council and the MSTYP prior to funding being issued to the MSTYP. |
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Janice Bevan Director Community |
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A1View |
Application for emergency financial assistance - Marian Street Theatre for Young People |
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2015/223454 |
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A2View |
MSTYP Business Plan 2016 |
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2015/291983 |
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A3View |
Updated Budget Summary - MSTYP 2016 |
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2015/291980 |
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APPENDIX No: 1 - Application for emergency financial assistance - Marian Street Theatre for Young People |
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Item No: GB.3 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.4 / 161 |
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Item GB.4 |
S07466 |
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28 September 2015 |
Pymble Turramurra Preschool Inc. - Lease Renewal - 21 Handley Avenue Turramurra
EXECUTIVE SUMMARY
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purpose of report: |
For Council to consider the granting of a 5 year lease with 5 year further option to renew, to Pymble Turramurra Preschool Inc. |
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background: |
Pymble Turramurra Preschool Inc. (PTP) located at 21 Handley Avenue, Turramurra, has been operating for over 50 years at the current location. It is a non-profit community based preschool operated by a parent Board of Management. PTP has operated the service under successive term lease agreements with Ku-ring-gai Council and has a strong established connection with the local Turramurra and Pymble communities. |
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comments: |
PTP has complied with the terms and conditions of the previous lease and has requested a renewal of their lease with Council for a further term. |
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recommendation: |
That Council grant a new 5 year lease to Pymble Turramurra Preschool from 1 September 2015 to 31 August 2020, together with an option for a further 5 year term. |
Purpose of Report
For Council to consider the granting of a 5 year lease with 5 year further option to renew, to Pymble Turramurra Preschool Inc.
Background
The Pymble Turramurra Preschool (PTP) has been operating since 1962 at the current location at 21 Handley Avenue Turramurra. (See Attachment A1)
The PTP is a non-profit community based preschool operated by a parent Board of Management that has operated the service under successive term lease agreements with Ku-ring-gai Council. It has a strong established connection with the local Turramurra and Pymble communities.
Comments
The PTP is keen to have certainty to enable it to offer ongoing children’s services for the next 5-10 years. The granting of the 5 year lease will allow the preschool this certainty to continue operations and to take enrolments from 2016 to 2020.
The PTP has complied with the terms and conditions of the previous lease and has requested a renewal of their lease with Council for a further term.
integrated planning and reporting
The Pymble Turramurra Preschool Inc. provides child care services that are encompassed under Councils Delivery Operational Plan 2013/17, primarily under the theme Community People and Culture.
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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C1.1 An equitable and inclusive community that cares and provides for its members
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C1.1.1 Council’s policies, programs and advocacy address the social and health needs of all age groups, reduce disadvantage and address gaps in service provision.
C1.1.2 Access has increased for communities that face barriers to using social services and facilities |
Deliver quality children services to meet the needs of local families, including immunisation, vacation care, long day care and family day care.
Develop and implement programs that respond to community needs and address a range of accessibility issues and alleviates social isolation. |
Governance Matters
21 Handley Avenue Turramurra is classified as Operational Land. The preschool occupies land parcels Lot 2 DP209248, Lot 39 DP36328 and Lot 1 DP207586.
Public notification for a period of 28 days of the proposed lease is required as per section 47 of the NSW Local Government Act.
The proposed lease complies with Council’s Policy for Management of Community and Recreation Land and Facilities.
The Pymble Turramurra Preschool is incorporated under the Associations Incorporation Act 1984. It is a non-profit organisation run by a volunteer Board of Management (BOM).
The BOM is licensed to operate under Clause 32(1) of the Children (Care & Protection) Act 1987 and is responsible for all aspects of the control and management of the Preschool.
Risk Management
The Pymble Turramurra Preschool will continue to fully indemnify Council with $20 million Public Liability insurance. Evidence of currency is to be supplied annually to Council.
The preschool has, during the period of its occupation, met its responsibilities as a lessee and has complied with the conditions of the lease.
Financial Considerations
The preschool has agreed to pay a rental of $9,680 pa (incl GST) which will continue, subject to a 5% increase per annum, during the term of the new lease. This rental includes the current rental rebate of 90%. This has been agreed upon in the heads of agreement. (See Attachment A2)
The preschool also pays for all outgoings, including electricity and water consumption charges.
The PTP plans to spend in excess of $50,000 for extension works at the preschool, which includes the building of a new deck.
In accordance with Council’s Policy for Management of Community and Recreation Land and Facilities, the PTP is obliged to pay Council’s legal costs and administration fees associated with the preparation of the lease.
Social Considerations
The PTP has been providing preschool services in Ku-ring-gai LGA for over 50 years. It is a community based preschool providing care and education for preschool aged children..
With security of tenure for another 5 x 5 years, the preschool will be able to continue its occupation of this current site on Council’s land with no disruption to the current service.
Environmental Considerations
There are no environmental considerations associated with the granting of a new lease at this location.
Community Consultation
No consultation is required for this process prior to Council resolution. Once Council resolves to grant the proposed lease, 28 days public notification of Council’s intention to grant the lease, the premises will occur in accordance with s 47 (1) a of the Local Government Act 1993.
Internal Consultation
Consultation has taken place between Council’s Community, Operations and Strategy and Environment Departments in the preparation of this report.
Summary
Pymble Turramurra Preschool Inc has been operating for over 50 years, and is a non-profit community based preschool operated by a parent Board of Management. The preschool has requested a new 5 year lease until October 2020 with an option for a further 5 years.
The preschool plays a crucial role in the social interaction and development of young children whilst also providing a service for working parents in the Pymble and Turramurra communities.
The renewal of this lease will ensure that the preschool will continue to maintain its services at Turramurra over the next 5-10 years.
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A. That Council approve the granting of a 5 year lease agreement with further 5 year option to Pymble Turramurra Preschool Inc. for premises located at 21 Handley Avenue Turramurra.
B. That the lease commence from 1 November 2015 and expire on 31 October 2020.
C. That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.
D. That Council authorise the affixing of the Common Seal of Council to the Lease Agreement. |
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Michael New Property Officer Recreational Facilties |
Mark Taylor Manager Community & Recreation Services |
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Janice Bevan Director Community |
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A1View |
Aerial Map - Pymble Turramurra Preschool |
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2015/207824 |
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A2View |
Signed Heads of Agreement - Pymble Turramurra Preschool Inc |
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2015/258338 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.5 / 171 |
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Item GB.5 |
CY00438/3 |
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28 September 2015 |
Council Meeting Cycle for 2016
EXECUTIVE SUMMARY
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purpose of report: |
To consider the Council Meeting Cycle for 2016 which takes into account school holidays, public holidays and the Christmas recess. |
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background: |
Section 9 of the Local Government Act 1993 requires Council to give notice to the public of the times and places of its meetings. It has been Council’s practice in the past to resolve to amend its meeting cycle to take into account the school holiday breaks, public holidays and the Christmas recess. |
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comments: |
A draft Council Meeting Cycle for 2016 has been prepared for Council’s consideration. |
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recommendation: |
That Council’s Meeting Cycle for 2016 be adopted. |
Purpose of Report
To consider the Council Meeting Cycle for 2016 which takes into account school holidays, public holidays and the Christmas recess.
Background
Section 9 of the Local Government Act 1993 requires Council to give notice to the public of the times and places of its meetings. It has been Council’s practice in the past to resolve to amend its meeting cycle to take into account the school holiday breaks, public holidays and the Christmas recess.
Comments
The school holiday periods for 2016 are;
Term 1: Monday, 11 April 2016 to Friday, 22 April 2016
Term 2: Monday, 4 July 2016 to Friday, 15 July 2016
Term 3: Monday, 26 September 2016 to Friday, 7 October 2016
Term 4: Wednesday, 21 December 2016 to Thursday, 26 January 2017
Council has in the past resolved to reschedule meetings that would otherwise fall during school holidays. To avoid the school holiday period and spread the meetings more evenly, the cycle should be amended.
It is recommended to amend the proposed Meeting Cycle for 2016 as follows:
School Holidays: 11 April 2016 to 22 April 2016
5 April 2016 OMC (transferred from 12 April 2016).
School Holidays: 4 July 2016 to 15 July 2016
19 July 2016 OMC (transferred from 12 July 2016).
School Holidays: 26 September 2016 to 7 October 2016
No meeting on 13 September 2016 - Local Government elections scheduled 10 September 2016.
20 September 2016 OMC (transferred from 27 September 2016).
School Holidays: 21 December 2016 to 26 January 2017
There are no proposed scheduled meetings during this school
holiday break.
Local Government Association Conference
The 2016 Local Government NSW Annual Conference will be held from Sunday, 16 October 2016 – Tuesday, 18 October 2016. There are no scheduled meetings during the conference period.
Christmas Recess 2016/2017
Council has traditionally held the last Council meeting for the year on the second Tuesday in December, and resumed meetings in the first week of February the following year. However as there would be three weeks between the meeting on 22 November 2016 and the second Tuesday in December, being 13 December 2016, it is recommended that this meeting be brought forward and held on 6 December 2016.
Following the Christmas recess, it is further recommended that the first meeting for 2017 be held on Tuesday, 7 February 2017 with the normal meeting cycle to resume on Tuesday, 28 February 2017.
Therefore the proposed scheduled meeting cycle for 2016 is as follows:
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February |
9 February 2016 |
Ordinary Meeting of Council |
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23 February 2016 |
Ordinary Meeting of Council |
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March |
8 March 2016 |
Ordinary Meeting of Council |
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22 March 2016 |
Ordinary Meeting of Council |
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April |
5 April 2016 |
Ordinary Meeting of Council |
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26 April 2016 |
Ordinary Meeting of Council |
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May |
10 May 2016 |
Ordinary Meeting of Council |
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24 May 2016 |
Ordinary Meeting of Council |
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June |
14 June 2016 |
Ordinary Meeting of Council |
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28 June 2016 |
Ordinary Meeting of Council |
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July |
19 July 2016 |
Ordinary Meeting of Council |
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26 July 2016 |
Ordinary Meeting of Council |
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August |
9 August 2016 |
Ordinary Meeting of Council |
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23 August 2016 |
Ordinary Meeting of Council |
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September |
20 September 2016 |
Ordinary Meeting of Council |
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October |
11 October 2016 |
Ordinary Meeting of Council |
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25 October 2016 |
Ordinary Meeting of Council |
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November |
8 November 2016 |
Ordinary Meeting of Council |
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22 November 2016 |
Ordinary Meeting of Council |
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December |
6 December 2016 |
Ordinary Meeting of Council |
integrated planning and reporting
Leadership and Governance
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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Ensure effective and efficient conduct of Council and committee meetings for the benefit of councillors and the community.
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Council's Governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision-making processes.
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Business Papers and associated Minutes are published in an accurate and timely manner for public scrutiny and encourage community participation.
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Governance Matters
Section 9 of the Local Government Act 1993 requires Council to give notice to the public of the times and places of its meetings.
Risk Management
The scheduling of Council meetings during school holidays could affect the ability of some community members to attend meetings.
Financial Considerations
There are no financial considerations associated with this report.
Social Considerations
There are no social considerations associated with this report.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Summary
Section 9 of the Local Government Act 1993 requires Council to give notice to the public of the times and places of its meetings. It has been Council’s practice in the past to resolve to amend its meeting cycle to take into account the school holiday breaks, public holidays and the Christmas recess.
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A. That the proposed scheduled meeting cycle for 2016 is as follows:
For 2017: B. That the first meeting of 2017 be held on Tuesday, 7 February 2017 with the normal meeting cycle to resume on Tuesday, 28 February 2017.
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Christine Dunand Governance Officer |
Amber Moloney Manager Records and Governance |
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David Marshall Director Corporate |
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Ordinary Meeting of Council - 10 November 2015 |
GB.6 / 176 |
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Item GB.6 |
DA0543/14 |
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15 September 2015 |
development application
Summary Sheet
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Report title: |
4 Binalong Street, West Pymble - Two Lot Torrens Title Subdivision - DA0543/14 |
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ITEM/AGENDA NO: |
GB.6 |
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Application No: |
DA0543/14 |
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Property Details: |
4 Binalong Street, West Pymble Lot & DP No: Lot 1 DP 867842 Site area (m2): 3,490m2 Zoning: Part Residential 2(c), Business 3(a)-(A-3), Special Uses 5(a) and Recreation 6(a) |
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Ward: |
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Proposal/Purpose: |
Two lot Torrens title subdivision |
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Type of Consent: |
Local |
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Applicant: |
DFP Planning Pty Limited |
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Owner: |
Ku-ring-gai Council |
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Date Lodged: |
9 December 2014 |
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Recommendation: |
Approval |
Purpose of Report
The purpose of this report is to determine DA0543/14. The application is reported to Council as the proposal is for a Torrens title subdivision of land that contains endangered ecological species.
integrated planning and reporting
PLACES, SPACES & INFASTRUCTURE
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai
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Applications are assessed in accordance with State and local plans
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Assessments are of high quality, accurate and consider all relevant legislative requirements
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Executive Summary
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Issues |
Nil
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Submissions |
No submissions |
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Land & Environment Court |
N/A
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Recommendation |
Approval, subject to conditions
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LEGISLATIVE REQUIREMENTS: |
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Zoning |
Part Residential 2(c), Business 3(a)-(A-3), Special Uses 5(a) and Recreation 6(a) |
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Permissible under |
Ku-ring-gai Planning Scheme Ordinance, 1971 |
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Relevant legislation |
SEPP No. 55 – Remediation of Land Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005 Ku-ring-gai Planning Scheme Ordinance, 1971 Draft Ku-ring-gai Local Environmental Plan 2013 DCP 47 – Water Management DCP 56 – Notification |
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Integrated Development
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No |
History
Site
In May 2012, a proposal to rezone and reclassify three Council owned sites from community land to operational land was lodged and a public hearing was held on 11 April 2013. One of the properties addressed in the proposal was the subject site. The report on the public meeting recommended the following in relation to the subject site:
(a) The section of the site located adjacent to 72 Yarrara Road and 6 Binalong Street, north of the prolongation of the southern boundary of 72 Yarrara Road to Binalong Street, be reclassified as “operational land” under the terms of the Local Government Act 1993.
(b) To facilitate the reclassification of the land as recommended in (a), the whole of the site needs to be reclassified as “operational land”. This is satisfactory and appropriate provided the site, exclusive of the land referred to in (a), is classified as “community land” following its subdivision, as imposed by Council.
(c) A positive covenant be imposed on the land requiring the retention and maintenance of the significant trees located in the north-eastern corner of the land to be reclassified.
(d) Building lines be set by council to ensure the preservation of the trees required to be retained.
(e) Council undertake any required works on the trees required to be retained by the positive covenant prior to the sale of the land.
Pre-DA
No Pre-DA consultation was held prior to the lodgement of the application.
DA History
9 December 2014 Application lodged
18 December – 5 January 2015 Application notified
19 February 2015 Preliminary planning assessment letter issued
30 April 2015 Amended plans submitted
12 June 2015 Further letter to applicant issued regarding inadequate information and concerns with the proposal
27 July 2015 Additional amended plans / documentation submitted
21 August 2015 Further amended plans submitted
Site description
The site is known as No. 4 Binalong Street, West Pymble and has a legal description of Lot 1 DP 867842. The site is an irregular shaped allotment located between Binalong Street and Yarrara Road, to the north-east of Philip Lane. The site has a frontage of 49.73m to Binalong Street, 12.195m to Yarrara Road and 43.08m to Philip Lane, with a splay corner frontage at the intersection of Philip Lane and Binalong Street, and has an area of 3,490m2.
The site currently contains no buildings. The south-western portion adjoining Philip Lane is occupied by a council car park for the West Pymble shops, the portion with frontage to Yarrara Road contains a pedestrian pathway from the shops through to Yarrara Road and the north-eastern portion is a grassed area containing a significant amount of vegetation, including an identified area of Sydney Turpentine Ironbark Forest, which is an endangered ecological community (EEC).
Surrounding development
To the south and south-west of the subject site is the West Pymble shops, with low scale residential properties located to the west, north and east. A heavily vegetated public reserve exists opposite the subject site to the south-east.
The Proposal
Application is made to Torrens title subdivide one allotment into two allotments to enable Council to sell the surplus land to the north east of the car park for residential purposes. The subdivision will result in the following two allotments:
Proposed Lot 10 Lot 10 is to contain the existing car park and pedestrian walkway to the West Pymble shops. The allotment is to be an irregular shaped allotment with frontage of 29.315m to Binalong Street, 12.195m to Yarrara Road and 43.08m to Philip Lane, with a splay corner frontage at the intersection of Philip Lane and Binalong Street, and has an area of 2,363m2.
Proposed Lot 11 Lot 11 is the surplus land, being the land that is grassed and vegetated with trees. The allotment is a rectangular shaped allotment with frontage of 20.413m to Binalong Street and a depth of 55.27m, with an area of 1,128m2.
Given the existence of the EEC on proposed Lot 11 and the need to protect the vegetation, the proposal also includes the creation of a positive covenant over an area of the site at the Binalong Street frontage that coincides with the majority of the significant vegetation on the site, but still allows for a driveway access along the south-western boundary and a suitable building envelope for a dwelling behind it.
Finally, the proposal also seeks approval to construct the driveway access and provides drainage and conduits for future services connection to proposed Lot 11 to ensure they are constructed in a manner which protects the significant trees on the subject site.
Consultation
Community
The development application was notified to surrounding property owners and occupiers in accordance with DCP 56 – Notification between 18 December 2014 and 5 January 2015. No submissions were received.
Within Council
Landscape
The application was referred to Council’s Landscape Assessment Officer due to the potential impact of the proposal upon the trees onsite. In response to the initial referral the Landscape Assessment Officer did not object to the removal of Trees T2, T6, T10, T11 T12, T13, T14, T16, & T17. T2 and T6 but raised following concerns.
· The arboricultural assessment does not address all trees impacted by the development.
· Requested an arboricultural assessment of the Angophera costata as it appears to have poor structure and is potentially a safety hazard.
· Removal of the trees located within the potential building footprint for a future dwelling is not supported as their removal should be assessed with an application for the future dwelling.
· The removal of tree T8, Syncarpia glomulifera is not supported as it is a young and healthy tree. It should be included in the covenant area.
· Tree T9, Eucalyptus resinifera is a remnant tree and is part of the EEC. The plans are unclear as to whether the tree is located in the positive covenant area. If it is not located in the positive covenant area, the area should be enlarged to include the tree.
· The proposed driveway is located within the structural root zone of tree T9 and no arboricultural assessment has been provided of the impact of the works upon the tree.
· The proposal impacts the Camelia garden.
· The proposed tree species are inconsistent with the endemic plant community.
· Concern about the impact the construction of a sewer connection will have upon the onsite trees.
· The survey does not identify the location of all of the trees.
The applicant responded to these concerns with a series of amendments to the proposal, including deleting the changes related to the Camelia garden and increasing the size of the area covered by the positive covenant. The following comments were received from the Landscape Assessment Officer in relation to the final set of amended plans/information.
· Angophora costata (Sydney Red Gum) located centrally within the restricted covenant area. The tree has extremely poor structure and is considered a potential safety hazard. Despite previous advice the consulting arborist has not assessed the tree. Given a potential safety issue has been raised, it is requested that the arborist undertake an assessment of the tree and its structural integrity and decay. It is likely the tree will require removal. This will need to be considered as part of the ecological assessment for the site as the tree species is consistent with the endangered endemic plant community. Verbal advice from the consulting arborist recommends the tree for removal due to its hazard rating. The tree’s removal is conditioned (Condition 5).
· Two trees are proposed to be removed as part of the application as they spatially conflict with the proposed driveway. The nominated tree removal is supported as the trees do not have broader landscape significance.
· T8 Syncarpia glomulifera (Turpentine) located adjacent to the northeast site boundary is proposed to be retained and located within the covenanted area, satisfactorily resolving previous concerns.
· T9 Eucalyptus resinifera (Red Mahogany) located centrally on site. The tree is a remnant specimen part of the endangered plant community on site. The tree is now included within the covenanted area as previously requested, satisfactorily resolving previous concerns.
· T9 – The proposed concrete driveway is located within the tree’s SRZ and TPZ. It is considered that a driveway can be constructed on top of existing grade with minimal tree impact. Trenching for services as proposed adjacent to the southern site boundary, although within the TPZ has maximised the setback from T9.
· Tree 3 Casuarina glauca (She Oak) located within the Binalong St road reserve in front of the site. The proposed sewer extension is located within the TPZ and SRZ which has the potential to result in a significant impact. The arborist has recommended the sewer be installed utilising thrust boring methods. The assessing landscape officer is in agreement that this installation method is feasible and will reduce potential tree impact.
Site works plan/ landscape plan / tree replenishment
The following comments are made:
· The planting proposed as part of the Site Works Plan is acceptable.
Stormwater plan
Services – it is proposed as part of the works to include drainage and driveway construction together with provision for the connection of utility services infrastructure. The proposed location adjacent to the south-western site boundary is acceptable.
Conclusion
The application to subdivide the existing allotment is acceptable on landscape grounds.
Comment: The requested conditions have been included in the recommendation (Conditions 5, 6, 36, 43, 44, 45, 46, 47, 58 and 56).
Ecology
The application was referred to Council’s Ecological Assessment Officer due to the potential impact of the proposal upon the onsite Sydney Turpentine Ironbark Forest (STIF) listed as an Endangered Ecological Community (EEC). In response to the initial referral the Ecological Assessment Officer identified that the site contained Sydney Turpentine Ironbark Forest (STIF) listed as an Endangered Ecological Community (EEC), with the EEC being dominated by Eucalyptus resinifera (Red Mahogany), Angophora costata (Smooth-barked Apple) and Syncarpia glomulifera (Sydney Turpentine) & Pittosporum undulatum (Sweet Pittosporum). It was also identified that the vegetation within the rear of subject property had been incorrectly mapped as an area of biodiversity significance under the KPSO (LEP 208), when the area does not contain any native endemic trees. No further consideration of the biodiversity significance clauses under the KPSO is considered to be necessary. The Ecological Assessment Officer also raised the following concerns.
· The proposed covenant area for protection of the EEC is insufficient and should be relocated such that it captures 90% of the tree protection zone of Trees T8 & T9.
· An amended Vegetation Management Plan (VMP) should be provided which covers the additional covenant area.
· The VMP is to stipulate the number and type of species proposed to be planted within the conservation covenant area. No monocultures are supported, a mixture of groundcovers, shrubs and sub-canopy species are to be proposed.
· The proposed building footprint should be relocated further to the rear to allow the increased covenant area.
· Should Tree T6 be identified for removal it should be addressed in an amended impact assessment (7 part test).
The applicant responded to these concern with a series of amendments to the proposal, including relocating the proposed building footprint and expanding the area to be covered by the positive covenant. In response, the Ecological Assessment Officer issued comments supporting the application, subject to conditions (Conditions 4, 25 and 26) which have been included in the recommendation of this report.
Engineering
The application was referred to Council’s Development Engineer who requested the following information.
· The positive covenant area should be shown on the subdivision plan.
· The survey plan is to show the location and levels of the pits and pipe draining Council’s car park as concern is raised that the pipe may cross the proposed residential lot and be impacted by excavation for the driveway.
· Clarification is required as to whether an easement will be created across the stormwater pipe if it affects the proposed residential lot.
· Detail of the proposed sewer connection for the proposed lot is required to allow an assessment of the impact upon trees of the sewer location.
· The report by EIS does not indicate the site is, or can be made, suitable for residential use and it should be amended.
The applicant responded with a series of amendments to the proposal and additional information and the following comments were received from the Development Engineer:
The amended plans, ACOR Consultants Pty Ltd Drawings C2.01E, C1.01F and Stewart Bland survey dated 31 July 2015, are satisfactory.
The Erosion and Sediment Control Plan ACOR Drawing C3.01D would require amendment for construction as it does not show the final protection area and the arrow for the temporary sediment fences still points away from the correct location. These are minor detail readily corrected on the Construction Certificate plans.
There are no engineering objections to the proposed subdivision, subject to conditions.
Comment: The requested conditions (Condition 12 and 13) have been included in the recommendation.
Statutory Provisions
Environmental Planning and Assessment Act
The provisions of Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) determine the matters for consideration in assessing a development application as stated below:
(a) The provisions of:
(i) any environmental planning instrument, and
(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and
(iii) any development control plan; and
(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and
(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and
(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),
that apply to the land to which the development application relates.
(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,
(c) the suitability of the site for the development,
(d) any submissions made in accordance with this Act or the regulations,
(e) the public interest.
The relevant provisions of environmental planning instruments, proposed instruments, DCPs, the Regulations and Policies are addressed following. There are no planning agreements (or draft) for consideration in this assessment. The likely impacts, suitability of the site and public interest are also addressed below and no submissions have been received.
State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)
The provisions of SEPP 55 require Council to consider, when assessing a development application, the potential for a site to be contaminated. A Phase I and II report has been prepared by EIS in relation to the potential contamination of the subject site. The findings of the Phase II report is that soil testing confirmed the site contains no significant contamination and is suitable for the proposed residential subdivision.
Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005
The site is located within the designated hydrological catchment of Sydney Harbour and is subject to the provisions of the SREP (Sydney Harbour Catchment). The Sydney Harbour Catchment Planning Principles must be considered and where possible achieved in the carrying out of development within the catchment. The relevant key principles include:
· protect and improve hydrological, ecological and geomorphologic processes;
· consider cumulative impacts of development within the catchment;
· improve water quality of urban runoff and reduce quantity and frequency of urban run-off, and
· protect and rehabilitate riparian corridors and remnant vegetation.
The site is within the Sydney Harbour Catchment and eventually drains into the Harbour. The site is not located on the foreshore or adjacent to a waterway and therefore, with the exception of the objective of improved water quality, the objectives of the SREP are not applicable to the proposed development. The proposed works will involve disturbance of the soil and as such it is appropriate that soil and sedimentation devices be used during construction works. A sedimentation control plan has been submitted with the application which satisfies this requirement.
Ku-ring-gai Planning Scheme Ordinance (KPSO)
The subject site is part zoned Residential 2(c), Business 3(a)-(A-3), Special Uses 5(a) and Recreation 6(a) under KPSO and the subdivision of land in all zones is permissible with consent pursuant to clause 58A. The portion of the site which is intended to be created as a residential allotment is wholly zoned Residential 2(c) and creation of the allotment will create a parcel of land suitable for the construction of a dwelling house. The portion of the site which is retained by Council and which contains the Council car park and pedestrian walkway is zoned part Business 3(a)-(A-3), Special Uses 5(a) and Recreation 6(a). The site does not contain a heritage item and is not located in the immediate vicinity of an item of heritage.
The following provisions of the KPSO apply to the proposed development.
Clause 38B requires that consent cannot be granted to development unless the land has a water supply and a drainage area and facilities for the removal and disposal of sewage or arrangements satisfactory to Council and the Water Board have been made to make provision for such supply. The subject site will have appropriate connection to water, drainage and sewage systems upon completion, satisfying this provision.
Clause 42 addresses preservation of trees and the impact of the proposal upon the trees onsite has been assessed by Council’s Landscape Assessment Officer and been found to be acceptable, subject to conditions.
Clause 58B sets minimum allotment sizes and widths for allotments intended to be occupied by a single dwelling-house. In the 2(c) zone a minimum allotment size of 929m2 and width of 18m (measured 12.2m from the street alignment) for allotments with road frontage is set. The clause also requires that a dwelling-house shall not be erected on an allotment not having a common boundary with a public road. The proposed residential allotment has an area of 1,128m2 and a width of 20.4m, complying with the standards.
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Development standard |
Proposed |
Complies |
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Subdivision for dwelling houses |
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Site area: 929m2 (min) Lot 10
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Lot 10:1128m2 |
YES |
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Site width: 18m (min) at a distance of 12.2m from the street alignment |
Lot 10:20.4m
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YES |
Clause 61L addresses biodiversity and a portion of the subject site is mapped as an area of biodiversity. However, as is discussed in the Ecological Assessment Officer’s comments, the area of biodiversity has been mapped over a portion of the site that contains no significant areas of biodiversity.
Schedule 9 contains the aims and objectives for residential zones and, to the extent that they are relevant to the proposal, they are addressed following:
1. The general aims of this Ordinance in relation to land within Zones Nos 2(a), 2(b), 2(c), 2(d), 2(e). 2(f). 2(g) and 2 (h) are –
(a) To maintain and, where appropriate, improve the existing amenity and environmental character of residential zones; and
The amenity of the residential area is maintained by providing an appropriately located and sized residential allotment adjoining existing allotments in Binalong Street and Yarrara Road. In this regard, the proposed allotment is of a similar size and dimensions to the adjoining lots and will allow for a development that will enhance the streetscape and provide sufficient separation from the adjoining allotments to preserve their residential amenity.
(b) To permit new residential development only where it is compatible with the existing environmental character of the locality and has a sympathetic and harmonious relationship with adjoining development.
The above described design features (in response to (a)) will result in the future residential development within the subdivision being visually compatible with the existing character of the locality.
2. The specific objectives of this Ordinance in relation to land within Zones Nos 2(a), 2(b), 2(c), 2(d), 2(e). 2(f). 2(g) and 2 (h) are to ensure that –
(a) All new dwelling-houses and additions to dwelling-houses maintain a reasonable level of sunlight to neighbours’ living areas and recreation space between 9am and 3pm during the winter solstice on 22 June; and
The design of the subdivision is such that a well-designed dwelling can be provided on the proposed residential allotment that provides for suitable solar access on the subject lot, whilst protecting the solar access of adjoining properties.
(b) All new dwelling-houses and additions to dwelling-houses are sited and designed so as to minimise overlooking of neighbours’ living areas and recreation space; and
This objective is more relevant at the design stage for the future dwellings.
(c) Any building or development work shall maintain or encourage replacement of tree cover whenever possible to ensure the predominant landscape quality of the Municipality is maintained and enhanced; and
This objective is more relevant at the design stage for the future dwellings, however, given the extent of the proposed positive covenant, it is considered that the future dwelling will allow for a superior level of tree cover on the site compared to other residential sites in the neighbourhood.
(d) Any building or development work on a site avoids total or near total site utilisation by maintaining a reasonable proportion of the site as a soft landscaping area; and
This objective is more relevant at the design stage for the future dwelling, however the proposed positive covenant will ensure the future dwelling design avoids this.
(e) All new dwelling-houses and additions to existing dwelling-houses are of a height, size and bulk generally in keeping with that of neighbouring properties and, where larger buildings are proposed, they are designed so as not to dominate and so far as possible to harmonise with neighbouring development; and
This objective is not relevant to the assessment of an application for subdivision of land.
(f) In areas where one period, style or genre of architecture predominates, the new dwelling-house reflects either that style or the main stylistic features such as roof pitch, materials, proportions, setbacks, etc. and additions to existing dwelling-houses reflect the style of and continue the main stylistic features of the existing structure; and
This objective is not relevant to the assessment of an application for subdivision of land.
(g) All new dwelling-houses and additions provide reasonable space on the site for the forward entrance and exit of vehicles; and
This objective is more relevant at the design stage for the future dwellings, however the proposal incorporates the provision of an appropriately located driveway to achieve this.
(h) All applications will be assessed against the considerations of section 90 of the Environmental Planning and Assessment Act 1979, and section 303 of the Local Government Act 1919.
The abovementioned provisions are no longer relevant, however the current provisions dealing with these matters are addressed within this report.
Ku-ring-gaI Local Environmental Plan 2015
The Ku-ring-gai Local Environmental Plan 2015 was gazetted by the Minister for Planning on 5 March 2015, with the new LEP coming into operation on 2 April 2015. The purpose of the LEP is to replace the KPSO with an LEP version consistent with the Department of Planning’s standard instrument.
The effect of the new LEP on this application is somewhat limited as a consequence of Clause 1.8A which provides:
1.8A Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note. However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
The effect of this is such that as the application was made prior to the commencement of the LEP, it is to be determined as if the LEP had not commenced, thus reverting assessment of the application to the KPSO (which is provided elsewhere in this report).
However, the Court of Appeal has ruled that despite Clause 1.8A, it is still necessary to consider the development against the draft instrument as at the time the application was lodged it was a prescribed matter for consideration pursuant of Section 79(c).
As the Draft LEP seeks to convert the controls of the KPSO, the fundamental scope of development permitted on the subject site is not changed.
Subsequently, having regard to the draft instruments controls, immanency of the instrument and the savings clause pursuant of 1.8 of the instrument, the development is assessed as being satisfactory with respect to DKLEP 2013.
Development Control Plan No. 47 – Water Management
The provisions of DCP 47 require Council to consider, when assessing a development application, the design of the proposal against the specified criteria for water management. The comments of the Development Engineer provide a detailed assessment against the requirements of these controls and conclude that the proposal is appropriately designed with regard to water management, subject to recommended conditions.
Ku-ring-gai Contributions Plan 2010
The Section 94 contributions applicable to the proposal have been calculated and a condition of consent is recommended requiring the payment of those contributions, (Condition 14).
Likely Impacts
The likely impacts of the subdivision largely relate to the impact upon the onsite EEC and the trees contained within. The assessments of Council’s Landscape and Ecological Assessment Officers have determined that subject to the provision of a positive covenant and the carrying out of the Vegetation Management Plan (VMP) on the site, the impacts will be acceptably ameliorated.
The other potential impacts are impacts upon the immediately adjoining residential properties, which are impacts that are better assessed when an application is submitted for the dwelling on the proposed residential lot.
SUITABILITY OF THE SITE
The portion of the site to be created as a residential allotment is zoned residential and the environmental constraints of the site created by the EEC onsite have been suitably addressed by the proposed positive covenant and VMP. As such it is considered that the site is suitable for the proposed development.
Public Interest
The public interest is best served by an appropriately designed subdivision that fits into the character of the area and provides for additional housing stock of a character that is suited to the area. The proposal satisfies this test and as such is considered to be in the public interest.
Conclusion
The proposed subdivision is considered to be acceptable when assessed against the matters for consideration of s.79C of the Environmental Planning and Assessment Act, 1979 and is recommended for approval.
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A. THAT Council, as the consent authority grant consent to Development Application No. 0543/14 for subdivision to create two Torrens title lots, construction of a driveway and installation of services at Lot 1 DP 867842, No. 4 Binalong Street, West Pymble, 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:
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. In the event of any inconsistency between the above documents, the document with the later date shall prevail.
Reason: To ensure that the development is in accordance with the determination.
Conditions to be satisfied prior to the issue of the construction certificate:
3. 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.
4. Vegetation Management Plan (VMP)
The following Vegetation Management Plans, prepared by Cumberland Ecology, dated October 2015, is endorsed in their entirety.
· All weeding removal, weed techniques, environmental protection measures and ongoing maintenance works are to be carried out in accordance with the VMP.
· All noxious and environmental weeds are to be removed from the within the site.
· All planting works are to be undertaken.
· All vegetation works are to be conducted by a suitably qualified bush regenerator. The minimum qualifications minimum qualifications and experience (for bush regenerator) are a TAFE Certificate 2 in Bushland Regeneration and one year demonstrated experience (for other personnel). In addition the site supervisor is to be eligible for full professional membership of the Australian Association of Bush Regenerators (AABR). Reason: To ensure the protection and enhancement of ecological values within the site.
5. 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.
6. 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 THE ISSUE OF THE CONSTRUCTION CERTIFICATE
7. 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.
8. Underground services
All electrical services (existing and proposed) shall be undergrounded. Undergrounding of services must not disturb the root system of existing trees to be retained 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.
9. 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. |
