Present:

The Mayor, Councillor C Szatow (Chairperson) (Gordon Ward)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillors J Anderson & D Armstrong (Roseville Ward)

Councillor D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Records and Governance (Amber Moloney)

Governance Officer (Christine Dunand)

Minutes Secretary (Sigrid Banzer)

367

Apologies

File: S02194

Councillor David Citer tendered an apology for non-attendance (ill health) and requested leave of absence.

Councillor Fornari-Orsmond tendered an apology for non-attendance (family matters) and requested leave of absence.

Resolved:

(Moved: Councillors McDonald/Armstrong)

That the apology from Councillor Fornari-Orsmond be accepted and leave of absence granted.

(Moved: Councillors Malicki/Armstrong)

That the apology from Councillor Citer be accepted and leave of absence granted.

The Mayor, Councillor Szatow also advised that Councillor Ossip would be late.

CARRIED UNANIMOUSLY

368

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Malicki/McDonald)

:

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

C.1      Ku-ring-gai Fitness & Aquatic Centre - Status Update

            Attachment A1:        Proposed offer of settlement by Ichor Constructions

Attachment A2:        Legal advice regarding prospects and potential response

Attachment A3:        Legal advice regarding proposed counter offer dated 28 October 2015

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

GB.9   Gordon Cultural and Civic Hub – Update Report

Attachment A1:          Confidential Attachment – Ku-ring-gai Cultural Facilities Advice Report

Attachment A2:          Cultural Needs Analysis

Attachment A3:          Confidential Attachment – Preliminary Economic Feasibility Assessment

CARRIED UNANIMOUSLY

Councillors Memorandums

Refer GB.10     Draft Canoon Road Recreation Area Plan of Management

Memorandum from Director Strategy & Environment dated 17 November 2015 advising that hard copies of the attachments are available in the folder in the Councillors’ room

Refer GB.9       Gordon Cultural and Civic Hub – Update Report

Memorandum from Director Strategy & Environment dated 18 November 2015 advising attachment list shown in report is incorrect, the memorandum provides reference to the correct attachments.

Refer GB.12     Updated on Voluntary Planning Agreements

Memorandum from Director Strategy & Environment dated 24 November 2015 with revised offer to enter into a planning agreement for dedication of land to widen Fitzsimons Lane

Memorandums

Refer NM.2      OMC 27 October 2015 – Allocation and use of sports fields and courts in Ku-ring-gai

Memorandum from Director Strategy & Environment dated 24 November 2015 in response to Notice of Motion from Cr Malicki

Refer GB.10     Canoon Road Recreation Area Draft Plan of Management

Memorandum from Director Strategy & Environment dated 24 November 2015 regarding 2 submissions inadvertently omitted from Attachment 2

Late Items:

Refer Minutes EMC 17 November 2015

Refer GB.15     Amendment to Council Meeting Cycle December 2015

Confidential Late Memorandum:

Refer C.1         Ku-ring-gai Fitness & Aquatic Centre Status Update

369

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 10 November 2015

Minutes numbered 341 to 366

Resolved:

(Moved: Councillors Anderson/Pettett)

That Minutes numbered 341 to 366 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

(with punctuation changes to 365)

Cr Anderson advised that staff offered her a used staff vehicle, she did not demand a brand new vehicle after 12 months. She used an older staff vehicle, probably much older than a year old by the look of the interior of it.

CARRIED UNANIMOUSLY

370

Minutes of Extraordinary Meeting of Council

File: S02131

Meeting held 17 November 2015

Minutes numbered EMC03 to EMC03

Resolved:

(Moved: Councillors Malicki/Berlioz)

That Minutes numbered EMC03 to EMC03 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

371

Gordon Cultural and Civic Hub - Update Report

File: S10376

Vide: GB.9

To update Council on the progress of planning of the site and present the findings of Phase 1 – Project Definition & Feasibility and resolve to proceed to Phase 2 - Business Case and Master Plan for the Gordon Cultural & Civic Hub site, at 818 Pacific Highway, Gordon.   

Resolved:

(Moved: Councillor Berlioz/Councillor Malicki)

A.                  That consideration of the update on the progress of planning of the site and present findings of Phase 1 – Project Definition & Feasibility and resolve to proceed to Phase 2 – Business Case and Master Plan for the Gordon Cultural & Civic Hub site at 9, 15 and 17 Dumaresq Street Gordon as well as the UTS facilities be deferred pending a site inspection of both sites.

B.                 That following the site inspection Councillors receive a briefing.

C.                 That a report come back to Councillors.

CARRIED UNANIMOUSLY

372

9 - 17 Eastern Road, Turramurra - Demolition of existing structures and construction of a residential flat building consisting of 54 units, basement carparking and associated landscaping works

File: DA0162/15

Vide: GB.5

To determine Development Application No.0162/15 for demolition of existing structures and construction of a residential flat building consisting of 54 units, basement carparking and associated landscaping works.

Resolved:

(Moved: Councillors McDonald/ Berlioz)

A.      That consideration of the demolition of existing structures and construction of a residential flat building consisting of 54 units, basement carparking and associated landscaping works at 9 – 17 Eastern Road Turramurra be deferred pending a site inspection.

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

CARRIED UNANIMOUSLY

373

610 Pacific Highway Killara (Lot A in DP 412948) (Gordon Ward)

File: DA0303/14

Vide: GB.6

Demolition of existing residential flat building and construction of new residential flat building containing ten apartments

Resolved:

(Moved: The Mayor, Councillor Szatow/Councillor Berlioz)

That consideration of demolition of existing residential flat building and construction of new residential flat building containing ten apartments at 610 Pacific Highway Killara be deferred pending a site inspection.

For the Resolution:                The Mayor, Councillor Szatow, Councillors McDonald, Armstrong, Berlioz and Anderson

Against the Resolution:         Councillors Pettett and Malicki

374

2015 Ku-ring-gai Community Grants Program

File: FY00430/7

Vide: GB.1

To advise Council of applications received from community groups for the 2015 Ku-ring-gai Community Grants program, and to recommend subsequent funding allocations.

Resolved:

(Moved: Councillors Berlioz/McDonald)

A.   That the community and cultural groups, as listed under each category, receive the recommended amount of financial assistance from Council in 2015.

1.   Category:  Small Equipment

2.   Category:  Community Development

3.   Category:  Arts/Cultural

CARRIED UNANIMOUSLY

375

2015 - 2016 Budget Review - 1st Quarter Ended September 2015

File: S09112/5

Vide: GB.2

To inform Council of the results of the 1^st quarter budget review of 2015/1 and seek approval to adjust the annual budget based on the actual financial performance and trend for the period 1 July 2015 to 30 September 2015.    

Resolved:

(Moved: Councillors Berlioz/McDonald)

That Council receive and note the September 2015 Quarterly Budget Review and adopt the recommended changes to the 2015/16 budget.

CARRIED UNANIMOUSLY

376

Investment Report as at 31 October 2015

File: S05273

Vide: GB.3

To present Council’s investment portfolio performance for October 2015.

Resolved:

(Moved: Councillors Berlioz/Pettett)

A.       That the summary of investments and performance for October 2015 be received and noted.

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

CARRIED UNANIMOUSLY

377

Analysis of Land and Environment Court Costs - 1st Quarter 2015 to 2016

File: S05273

Vide: GB.4

To report legal costs in relation to development control matters in the Land and Environment Court for the three months ended 30 September 2015.

Resolved:

(Moved: Councillors Berlioz/Pettett)

That the analysis of Land and Environment Court costs for the year ended 30 September 2015 be received and noted.

CARRIED UNANIMOUSLY

378

Local Approvals Policy Review

File: S07151

Vide: GB.7

For Council to consider and adopt a revised Local Approvals Policy.

Resolved:

(Moved: Councillors Berlioz/McDonald)

That the draft revised Local Approval Policy, dated November 2015, be adopted.

CARRIED UNANIMOUSLY

379

Environmental Levy Small Grants Scheme - Round 17

File: S04553/11

Vide: GB.8

To seek Council’s endorsement to fund round seventeen (17) of the Environmental Levy’s Community Small Grants Scheme.

Resolved:

(Moved: Councillors Berlioz/McDonald)

That Council supports the recommendation of the small grants assessment panel to fund fourteen (14) projects under round seventeen (17) of the Environmental Levy Community Small Grants Scheme, totalling $41,779.

CARRIED UNANIMOUSLY

380

Climate change policy - consideration of submissions

File: S10811

Vide: GB.11

For Council to adopt the exhibited Climate Change Policy 2015 and Greenhouse Gas Reduction Action Plan 2015, with minor amendments.

Resolved:

(Moved: Councillors Berlioz/Armstrong)

A.       That Council adopts the Climate Change Policy 2015 and Greenhouse Gas Reduction Action Plan 2015, with minor amendments to the Climate Change Policy as detailed in this report.

B.       That a copy of the Climate Change Policy 2015 and Greenhouse Gas Reduction Action Plan 2015 are placed on Council’s website.

C.       That Council acknowledges the formal submissions made on the Climate Change Policy 2015 and responds to the authors with the outcomes.

CARRIED UNANIMOUSLY

381

Update on Voluntary Planning Agreements

File: S06198

Vide: GB.12

The purpose of this report is to update Council on a number of current and prospective Planning Agreements.

Resolved:

(Moved: Councillors Berlioz/Pettett)

A.   That Council endorses staff undertaking an active role in the negotiation and resolution of options to deliver the Dumaresq Street to Moree Street Gordon road link for the public benefit and a further report be presented to Council on the outcome of these negotiations.

B.   That Council endorses staff undertaking an active role to facilitate the dedication of land for road widening along Fitzsimons Lane as identified in Ku-ring-gai Local Centres Development Control Plan 2013 and the subsequent co-ordinated delivery of the public domain improvements in Fitzsimons Lane in view of the rapid delivery of a high proportion of the development in the area.

C.   That Council notes that the future of McIntyre Lane has been the subject of a formal Pre-DA and will require on-going discussions with the applicants and third parties to resolve several alternative options for access prior to any receipt of a formal offer to enter into a planning agreement.

D.   That Council endorses further discussions with the developers of 2-4 Everton Road and 2-8 Pymble Avenue Pymble, with a view to potential delivery of works valued within Ku-ring-gai Contributions Plan 2010 and proximate to the subject site as a contribution in kind rather than as a monetary contribution and that any resulting draft planning agreement be reported to Council.

CARRIED UNANIMOUSLY

382

10-16 Gilroy Road Turramurra - Extinguishment and Relocation of Council Stormwater Drainage Easement

File: CY00066/7

Vide: GB.13

To consider a request to relocate Council’s stormwater and extinguish an existing Council drainage easement (Dealing B753086) over the subject property.

Resolved:

(Moved: Councillors Berlioz/Armstrong)

A.       That the General Manager or his delegate be authorised to negotiate Council’s requirements including compensation for the extinguishment of the existing easement (Dealing B753086) at 12-16 Gilroy Road, Turramurra being Lots 64-66 DP 6494, and the relocation of replacement drainage infrastructure on another part of the property approved by Council.

B.       That subject to the General Manager or his delegate completing negotiations on the basis set out in the report that Council grant approval for the extinguishment of the existing easement (Dealing B753086).

C.       That Council approves of a section 88B Instrument or similar instrument being created in favour of Council over part of the freehold location depicted in Attachment A1, subject to survey.

D.       That Council authorises the Mayor and General Manager to affix the Common Seal of the Council to the instrument for the release of the easement and the creation of a new easement and execute all associated documentation.

E.       That all costs associated with the extinguishment of the existing easement and the creation of a new easement in favour of Council, including legal and survey costs and all costs associated with the new drainage works be borne by the Applicant.

CARRIED UNANIMOUSLY

383

Amendment to Council Meeting Cycle December 2015

File: CY00438/3

Vide: GB.15

To consider amending the adopted Council meeting cycle to include an additional Ordinary Meeting of Council on 15 December 2015.

Resolved:

(Moved: Councillors Anderson/Berlioz)

A.      That an additional Ordinary Meeting of Council, scheduled for Tuesday 15 December 2015 be included in the meeting cycle.

B.      That appropriate notice be given to members of the public.

For the Resolution:                The Mayor, Councillor Szatow, Councillors McDonald, Armstrong, Berlioz, Anderson

Against the Resolution:         Councillors Pettett and Malicki

384

Ku-ring-gai Fitness & Aquatic Centre - Status Update

File: S10420

Vide: C.1

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

Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:

(a)      is a substantial issue relating to a matter in which the Council is involved

(b)      is clearly identified in the advice, and

(c)      is fully discussed in that advice.

It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.

Report by Manager Strategic Projects dated 16 October 2015

Resolved:

(Moved: Councillors Berlioz/Armstrong)

That Council approves the actions outlined in the Proposed forward path outlined in this report.

CARRIED UNANIMOUSLY

385

Canoon Road Recreation Area Plan of Management - Post Exhibition Report

File: S09042

Vide: GB.10

R Posener

P Debus

G Bloomfield

M Booth

J Booth

Z Baravykas

I Shparlinski

J Baravykas

J-A Perry

W Bedford

B Williams

B Collings

M Taha

C Campbell

D Funk

N Lush

C Jones

For Council to adopt the Canoon Road Recreation Area Plan of Management and establish a Canoon Road Recreation Area Consultative Committee.

Resolved:

(Moved: Councillor Anderson/Councillor McDonald)

A.   That Council adopts the Canoon Road Recreation Area Plan of Management.

B.   That the General Manager be authorised to make any required minor editorial and formatting corrections to the Canoon Road Recreation Area Plan of Management prior to it being published on Council’s website.

C.   That Council establishes a Canoon Road Recreation Area Consultative Committee consisting of three local residents, three KNA representatives, and relevant Council officers as soon as practicable to develop an Operational Management Plan for Canoon Road Recreation Area.

D.   That the Council officers seek nominations for three South Turramurra residents to join the Canoon Road Recreation Area Consultative Committee as soon as practicable via a notice in the North Shore Times, and that the three positions be selected by the two Comenarra Ward Councillors and the Mayor.

E.   That the initial Operational Management Plan be reported to Council for approval prior to the commencement of the 2016 netball competition at Canoon Road Recreation Area.

F.   That the Operational Management Plan be reviewed by the consultative committee within three months of the end of each winter netball season and reported to an Ordinary Meeting of Council for information purposes as soon as possible after the annual review, along with any amendments to the Plan that have been made by the committee.

G.   That the Canoon Road Recreation Area Consultative Committee be convened by Council officers, upon the request of any member of the committee, at any time in between annual reviews of the Operational Management Plan within two weeks of such a meeting request being received. 

H.   That the Canoon Road Recreation Area Consultative Committee be authorised to make amendments to the adopted Operational Management Plan if all parties on the committee agree with the amendments, and that any amendments to the Plan that are not agreed by all parties be reported to an Ordinary Meeting of Council for a decision.

I.    That the issue of location and number of courts to be lit, hours of operation and all rules/conditions governing usage should come back from the Consultative Committee to Council for determination.

J.   That a charter for the Consultative Committee be prepared and reported back to Council.

For the Resolution:                The Mayor, Councillor Szatow, Councillors McDonald, Armstrong, Anderson

Against the Resolution:         Councillors Pettett, Malicki, Berlioz

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

(Moved by Councillors Malicki/Pettett)

That the Officer’s Recommendation with the deletion of night lighting from the Plan of Management be adopted.

386

Renaming of Orana Reserve, Pymble to Reichard Reserve

File: S02972

Vide: GB.14

To obtain Council approval for making an application to the Geographical Names Board of NSW for naming Council’s reserve in Orana Avenue, Pymble to be officially gazetted as ‘Reichard Reserve’.

Resolved:

(Moved: Mayor, Councillor Szatow/Councillor McDonald)

A.   That an application be made to the Geographical Names Board of NSW to consider naming Council’s reserve in Orana Avenue, Pymble as ‘Reichard Reserve’.

B.   That the petitioners be advised accordingly.

For the Resolution:                The Mayor, Councillor Szatow, Councillors McDonald, Armstrong, Berlioz, Ossip

Against the Resolution:         Councillors Pettett  and Anderson

The above Resolution was subject to an Amendment to the Original Motion. The LOST Amendment was:

(Moved: Councillors Anderson/Pettett)

That the matter be deferred until research into the Reichard family name has been undertaken.

For the Amendment:             Councillors Anderson and Pettet

Against the Amendment:       The Mayor, Councillors Szatow, Councillors McDonald, Armstrong, Berlioz, Ossip

387

Bobbin Head Road and Killeaton/Burns Road Intersection

File: TM10/07

Vide: QN.1

Question Without Notice from Councillor Duncan McDonald

This enquiry came out of the NTAG meeting. Moving along Bobbin Head Road and crossing over Killeaton and Burns Road, can a letter or an assessment be done through the Traffic Committee about dedicating a straight lane running from Bobbin Head Road directly across that intersection.

I actually had a look at it and I first thought there is a dedicated lane but it is actually not, it is right back, can that be assessed?

Answered by Director Operations

The Director Operations advised he will take the question on notice but it is an RMS design so it will have to go back to them being a signalised intersection for them to look at. 

388

Date for 2016 Community Services Forum

File: S02119

Vide: QN.2

Question Without Notice from Councillor Duncan McDonald

Has a tentative date been set into 2016 with regards to the Community Service (and related association) Forum?

Answered by Director Community

The Director Community advised she is not aware of a date, she will take the question on notice.

389

Advice on activities at former depot site - Bloomsbury Avenue Pymble

File: RT4/07

Vide: QN.3

Question Without Notice from Councillor Christiane Berlioz

Could Councillors please be provided with information regarding the activities on the former depot site adjacent to Bloomsbury Avenue Pymble referred to by the speaker earlier?

Answered by Director Operations

The Director Operations advised he would take the question on notice but clarified that it is the current depot site and not the former depot site.

390

Meeting With Minister for Planning and Premier

File: S10664

Vide: QN.4

Question Without Notice from Councillor Jennifer Anderson

At the NTAG meeting on Sunday, you indicated to the audience that you were seeking a meeting with the Minister for Planning and the Premier.

Would you please advise the purpose of the meeting?

Answered by Mayor, Councillor Szatow

The Mayor advised the purpose of the meeting would simply be to put our case, our case for standing alone.

391

Information for Member for Ku-ring-gai - Alister Henskens

File: S10664

Vide: QN.5

Question Without Notice from Councillor Jennifer Anderson

At the NTAG meeting on Sunday, the Member for Ku-ring-gai, Alister Henskens, indicated that he had been promised calculations regarding Council’s Fit for the Future position, and they have not been provided to him, I was wondering if that has been done yet?

Answered by General Manager

The General Manager advised that the information has been sent yesterday afternoon (23 November 2015) and also advised he would circulate a copy of what had been sent to the Member for Ku-ring-gai to all Councillors.

392

Update on the Childcare Centre at West Pymble

File: DA0377/15

Vide: QN.6

Question Without Notice from Councillor David Armstrong

In relation to the speakers tonight in relation to the Child Care Centre West Pymble, if I can get a an update obviously when it comes to Council for determination.

Answered by Director Development & Regulation

The Director Development & Regulation advised that DA is presently still under assessment, so at this stage he could not give an estimate of time, but the appropriate time he will provide an update.

393

Number of DAs for Childcare Centres in R2 Areas

File: CY00054/7

Vide: QN.7

Question Without Notice from Councillor Christiane Berlioz

Could Council officers please provide reasons it is accepting so many DAs (for child care centres) in residential R2 areas?

Answered by Director Development & Regulation

The Director Development & Regulation advised Council must, Council cannot decline to accept an application. It would be illegal.

Present:

Ku-ring-gai Council (Councillor Christiane Berlioz, Chairperson)

Ku-ring-gai Council (Mayor, Cr Cheryl Szatow)

    (GB1, GB2, GB4 and General Discussion items only)

Director Operations (Mr Greg Piconi)

Roads & Maritime Services (Ms Kathryn Hawkins)

Representing Police Local Area Command Kuring-gai

    (Snr Const Narelle Tomich)

Representing Police Local Area Command North Shore (Const Adam Ryan)

Representing Member for Davidson (Mr Michael Lane)

Representing Member for Ku-ring-gai (Mr David Ross)

Staff Present:

A/Manager Traffic and Transport (Mr Deva Thevaraja)

Strategic Transport Engineer (Mr Joseph Piccoli)

Others Present:

Representing Bike North (Ms Lyness Beavis)

Resident – Ms Kate Cooper (Item GB4)

Resident – Ms Beryl Stevens of St Ives (General Discussion item)

Apologies:

Manager Traffic and Transport (Mr George Koolik)

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/7

Meeting held 20 August 2015

Minutes numbered KTC11 to KTC17

The Committee Recommends:

That Minutes numbered KTC11 to KTC17 were received and confirmed as an accurate record of the proceedings of the meeting.

KTC18

General Matter Items Under Delegated Authority

File: S02738

Vide: GB.1

Advice on matters considered under Delegated Authority.

The Committee Recommends:

That the information regarding traffic facilities approved during August to November 2015 be noted.

KTC19

Meeting Dates 2016

File: CY00022/7

Vide: GB.2

To determine Ku-ring-gai Traffic Committee meeting dates for 2016.

The Committee Recommends:

That the the Ku-ring-gai Traffic Committee meetings in 2015 be scheduled for the dates shown below:

          18 February         17 March             21 April                19 May
          16 June                21 July                 18 August            15 September

          20 October           17 November

KTC20

St Ives Traffic Management

File: TM9/07

Vide: GB.3

To report back on Council’s Notice of Motion with regard to traffic issues in St Ives.

The Committee’s Comments:

The Chairperson asked the Director Operations if there are any immediate improvements to be undertaken at several intersections mentioned in the report.  Director Operations advised that the review of St Ives traffic management has now been updated in Council’s 10 year Traffic & Transport Plan which has resulted in those intersections moving to a higher priority.

The Committee Recommends:

That the updated traffic improvement schedule attached to this report be adopted and included in the Ten Year Traffic and Transport Plan.

KTC21

Roseville 1 Cycle Route

File: S02777/9

Vide: GB.4

To consider a concept plan for the implementation of the ‘Roseville 1’ cycle route. 

The Committee’s Comments:

Ms Kate Cooper, President of Roseville Public School P&C, addressed the Committee on behalf of the Principal of Roseville Public School.  She described safety issues for pedestrians crossing Archbold Road at the signalised intersection with Addison Avenue.  In particular, there was concern that southbound vehicles on Archbold Road would block the pedestrian crossing while they queue during the morning peak, placing parents and students at risk, and by introducing cyclists would place another user group at risk.  She mentioned that there was previously a request made with RMS to install a red light camera at this location.  She also noted there were preliminary discussions with RMS regarding provision of pedestrian crossing facilities across the northern leg of Archbold Road/Addison Avenue intersection. She also mentioned that pedestrian crossing markings across Archbold Road are faded and visibility to key road signs on Archbold Road is obstructed by foliage.

The Representative for RMS advised the Committee that a request for a red light camera has already been raised with Road Safety Division of RMS and that no further representation is therefore required from Council.  However, she suggested that Council could undertake further investigation into the feasibility of introducing an additional pedestrian crossing facility across the northern leg of this intersection and refer the result to RMS for consideration.

The Chairperson asked the Representative for RMS whether there were any plans to increase capacity at the intersection of Archbold Road and Boundary Street.  The Representative for RMS advised that she was not aware of any plans to upgrade the intersection.  It was further suggested by the Chairperson that investigations should commence as to whether the right turn bay on Archbold Road (at Boundary Street) could be extended to increase its capacity.  The Representative for RMS advised that increasing the length of right turn bay in Archbold Road at Boundary Street intersection will not assist in reducing the queuing situation at Archbold Road/Addison Avenue intersection, as there is a continuous southbound flow on Archbold Road during morning peak.

The Mayor asked the Representative for RMS if it is possible, as a preventative measure, to install a sign stating “Red Light Camera – Under Investigation” for southbound traffic on Archbold Road at Addison Avenue.  The Representative for RMS advised that it is not standard practice to install such signs.  She further advised that a request for a red light camera is currently being investigated by the Road Safety Division.

The Chairperson tabled a submission from Susie Devenport of Roseville.  The submission raises concerns about the suitability of Allan Street for cyclists given the bus stops, kindergarten and shops at the southern end, and the existing visibility issues for residents reversing vehicles onto the street from their properties.  The Strategic Traffic Engineer noted that he undertook an inspection in the peak afternoon period at the eastern end of Allan Street and found that while there was some picking up/setting down activity associated with nearby bus stops on Babbage Road, traffic volumes were observed to be modest.  He also noted that cyclists riding in an easterly direction in Alan Street (i.e. same side as parked cars) would be riding uphill and therefore their speeds would be moderated.  Alternative routes, such as Rowe Street, were discussed, but this would require bicycles to travel on the footpath past Roseville Chase Shops. It was also noted that Rowe Street is similar width to Allan Street, but does not have short term parking restrictions on one side like Allan Street, and that cyclists are currently using Allan Street and the proposal serves to better formalise it as a route.

The Representative for RMS suggested the design of the median and kerb ramp in Bancroft Avenue be improved to accommodate eastbound cyclists.  She also suggested that bicycle lanterns (adjacent to the pedestrian crossing lanterns) may be required for bicycles crossing Archbold Road (at Addison Avenue, for westbound cyclists) and for bicycles crossing Babbage Road (at Addison Avenue, for eastbound and westbound cyclists).

The Committee Recommends:

A.      That the Roseville 1 cycle route be approved.

B.      That the residents consulted and Roseville Public School be notified of Council’s decision.

C.      That Council review the visibility to existing signage on Archbold Road at Addison Avenue intersection and take appropriate measures to improve visibility of these signs.

D.      That Council request RMS to remark the faded pedestrian crossing marking across Archbold Road at Addison Avenue intersection.

E.      That Council investigate the feasibility of introducing an additional pedestrian crossing facility across the northern leg of Archbold Road and Addison Avenue intersection, and refer the results to RMS for considerations.

KTC22

Dumaresq Street, Gordon

File: TM4/07

Vide: GB.5

Proposed removal of three speed humps in Dumaresq Street.

The Committee’s Comments:

The Director Operations informed the Committee that Dumaresq Street residents had been consulted on the proposed removal of three of the six speed humps and received their support.

The effect of the remaining speed humps may be reviewed at a later stage.

The Committee Recommends:

A.   That the responses received to the proposed removal of three speed humps in Dumaresq Street be noted.

B.   That removal of three speed humps in Dumaresq Street, as shown in Plan No Dumaresq/KTC/11/15, be approved and that the work be undertaken as part of the resheeting work in the street.

C.   That residents of Dumaresq Street be advised of Council’s decision.

KTC23

Kanoona Avenue, St Ives

File: TM9/07

Vide: GB.6

To consider the installation of daytime parking restrictions in Kanoona Avenue,
St Ives.

The Committee’s Comments:

The Director Operations advised the Committee that Kanoona Avenue residents requested short term parking arrangements due to the street being parked out by St Ives Shopping Village employees during weekdays.  Residents have overwhelmingly agreed to introduce 3P restrictions on the southern side of Kannona Avenue on weekdays and Saturday mornings.

The Committee Recommends:

A.   That a 3P parking time limit be installed along the southern side of Kanoona Avenue,
St Ives, operating from 8am to 6pm Monday to Friday, and from 8am to 12:30pm on Saturdays, as shown in Plan No. Kanoona/KTC/11/15.

B.   That the statutory 10 metre ‘No Stopping’ areas on the intersections of Kanoona Avenue with Cowan Road and Collins Road be signposted ‘No Stopping’, as shown in Plan No. Kanoona/KTC/11/15.

C.   That ‘No Parking’ signs be installed in the turning areas at the eastern end of Kanoona Avenue and the southern end of Collins Road, St Ives, at locations to be determined in consultation with affected residents, as shown on Plan No. Kanoona/KTC/11/15.

D.   That painted islands projecting from the kerb be installed, as per Council’s standard plan, at three locations shown in Plan No. Kanoona/KTC/11/15.

E.   That the parking and traffic situation in Kanoona Avenue be monitored, to determine whether further changes are required to provide safe traffic conditions at times of peak parking demand.

F.   That Council’s Team Leader Regulation be informed of Council’s decision.

Ordinary Meeting of Council - 8 December 2015

GB.1 / 34

Item GB.1

CY00259/7

16 November 2015

purpose of report:

To grant appropriate Delegations during the Christmas/New Year recess period for 2015/2016.

background:

Council at its meeting of 10 November 2015 adopted a meeting cycle for 2016. Council’s last meeting of 2015 will be held on 15 December 2015 with the first meeting of 2016 being held on 9 February 2016. Thereby delegations are required to be granted during the Christmas/New Year recess period for 2015/2016.

comments:

The Christmas/New Year recess period is from the last Council meeting on 15 December 2015 until meetings resume on 9 February 2016. During this period, it is customary to grant Delegated Authority to the Mayor, Deputy Mayor and the General Manager.

recommendation:

The appropriate Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2015/2016. 

Recommendation:

A.       That the following Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2015/2016 as follows;

1.       That the Mayor (Councillor Cheryl Szatow), the Deputy Mayor (Councillor David Ossip), and the General Manager (John McKee), be granted authority to exercise all powers, authorities, duties and functions of Council except those set out in Section 377 of the Local Government Act 1993 during the period 16 December 2015 to 8 February 2016, subject to the following conditions:

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

b.       Any such power, authority, duty or function shall only be exercised by the Mayor, Deputy Mayor and General Manager jointly where they are of the opinion that the exercise of any such power, authority, duty or function could not be deferred until the meeting of Council on 9 February 2016.

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

Christine Dunand

Governance Officer

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Ordinary Meeting of Council - 8 December 2015

GB.2 / 38

Item GB.2

REV0003/15

12 November 2015

Report title:

67-71 Archbold Road, Roseville - Section 82A review of DA0223/14 proposing alterations and additions to existing 3 dwellings and construction of 8 apartments (to create 11 dwellings) for seniors living including basement parking - heritage conservation area

ITEM/AGENDA NO:

GB.2

Application No:

REV0003/15

Property Details:

67-71 Archbold Road, Roseville

Lot & DP No:      Lot C in DP340032, Lot D in DP340032,   Lot 20, Section A in DP11626

Site area (m²):    2,456.8m²

Zoning:               Residential 2(a) (KPSO)

Ward:

Roseville

Proposal/Purpose:

To determine Section 82A Review of DA0223/14 proposing alterations and additions to existing 3 dwellings and construction of 8 apartments (to create 11 dwellings) for Seniors Living including basement parking – Heritage Conservation Area

Applicant:

Gelder Architecture

Owner:

Mrs Thalia Ellen Goldspink and Global Transactions Pty Ltd

Date Lodged:

29/10/2015

Recommendation:

Approval

Issues:

Access to public transport and services

Submissions:

Submissions received from four objectors

Land and Environment Court:

N/A

Recommendation:

Approval

Recommendation:

A.   That Council, as the consent authority, having undertaken a review of the application in accordance with Section 82A of the Environmental Planning and Assessment Act, 1979, is satisfied that the reasons for the refusal of DA0223/14 have been addressed by the applicant. 

B.   That Council, as the consent authority, is satisfied that the objection under State Environmental Planning Policy No. 1 – Development Standards to the maximum building height development standard of Clause 40 (4-c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 is well founded. Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case.

C.   That Council, as the consent authority and pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979, change its determination of DA0223/14 and grant deferred commencement development consent to DA0223/14 for alterations and additions to existing 3 dwellings and construction of 8 apartments (to create 11 dwellings) for Seniors Living including basement parking on land at 67, 69 and 71 Archbold Road, Roseville for a period of two years from the date of the Notice of Determination, subject to the following conditions:

SCHEDULE A - Deferred commencement conditions

Evidence required to satisfy the following conditions must be submitted to Council within twelve (12) months of the date of the Notice of Determination

is consent.

This consent does not operate until the following deferred commencement consent terms have been satisfied:

1.     Design and construction of works in public roadway

Prior to the operation of the consent, engineering plans and specifications, prepared by a qualified consulting engineer, detailing a ‘suitable access pathway’ (as defined by Clause 26 - Location and access to facilities of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004) are to be submitted to and approved by Council’s Development Engineer, as generally as shown on E2 Civil and Structural Design External Civil Works plans Sheets C1J (dated 02.09.15), C2J (02.09.15), C3I (dated 02.09.15), C4E (dated 03.06.15) and C5C (dated 02.09.15) . The engineering plans must be to a detail suitable for construction issue purposes.

The applicant must obtain a separate approval under Section 138 and Section 139 of the Roads Act 1993 for the works in the road reserve required as part of the development. The consent does not operate until Council has issued a formal written approval under the Roads Act 1993 and the works required to provide a ‘suitable access pathway’, road and/or drainage works have been completed in accordance with the Council’s Roads Act approval and accompanying drawings, conditions and specifications. The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council.

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

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

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

Reason:       To provide access to facilities in order to achieve compliance with Clause 26 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

2.     Owners' consent for driveway works

Prior to the operation of the consent, the applicant shall submit to Council the written agreement of the owners of 75, 77 and 79 Archbold Road, Roseville to the works inside these properties (such as driveway regrading) required to provide consistency with the ‘suitable access pathway’ works to take place in the road reserve. The applicant is to note that development consent for these works may be required and any such consent is to be obtained accordingly. 

Reason:       To provide access to facilities in order to achieve compliance with Clause 26 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

Upon receipt of written notification from Council that the abovementioned conditions have been satisfied, the following conditions will apply:

SCHEDULE B - The standard conditions of consent are set out as follows:

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.     Project ecologist

A project ecologist shall be commissioned prior to the release of the construction Certificate, the project ecologist is to investigate the presence/absence of fauna species within the impact area prior to the demolition of structures/landscape works being undertaken.

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment and Heritage. In the event that wildlife are encountered within the impact area the project ecologist is to undertake the necessary relocation of fauna species in accordance with licensing requirements.

Reason:         To ensure the protection of existing biodiversity values of the site.

6.     Installation of nest boxes

Prior to works commencing three nest boxes comprising of 1 small mammal, 1 microbat & 1 medium mammal, shall be installed within the retained trees within the site. The nest boxes shall be constructed of durable wood material (marine ply) and installed at a minimum height of 6 metres from the ground and positioned under the direction of a qualified ecologist.

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment and Heritage.

Reason:       To ensure protection of fauna species.

7.     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.

8.     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.

9.     Archival recording of buildings

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

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

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

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

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

10.   Dilapidation photos (public infrastructure)

Prior to the commencement of any works on site the applicant must submit to Ku-ring-gai Council and the Principal Certifying Authority a photographic record on the visible condition of the existing public infrastructure over the full site frontage (in colour - preferably saved to cd-rom in ‘jpg’ format). The photos must include detail of:

·           The existing footpath

·           The existing kerb and gutter

·           The existing full road surface between kerbs

·           The existing verge area

·           The existing driveway and layback where to be retained

·           Any existing drainage infrastructure including pits, lintels, grates.

Particular attention must be paid to accurately recording any pre-developed damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing damage to public infrastructure caused as a result of the development (which is not to be repaired by the Applicant as part of the development). The developer may be held liable to all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated under the requirements of this condition prior to the commencement of any works.

Reason:         To protect public infrastructure.

11.   Dilapidation survey and report (private property)

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

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

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

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

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

12.   Construction and traffic management plan

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

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

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

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

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

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

o        demolition

o        excavation

o        concrete pour

o        construction of vehicular crossing and reinstatement of footpath

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

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

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

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

13.   Work zone

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

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

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

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

14.   Erosion and drainage management

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

Reason:         To preserve and enhance the natural environment.

15.   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.

16.   Tree protective fencing type galvanised mesh

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

Reason:       To protect existing trees during construction phase.

17.   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.

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

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

(iii) The arborist's report shall provide proof that no other alternative is available.

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

(v)  The name, address, and telephone number of the developer.

Reason:         To protect existing trees during the construction phase.

18.   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.

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 DCP 40, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.

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

Reason:         To ensure appropriate management of construction waste.

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.   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:

(i)   The proposed planting of an Angophora costata (Sydney Red Gum) to the north of Unit 1 shall be relocated to the north-western site corner, with a minimum setback of 5.0m from Unit 1 to ensure its ongoing health and viability and protection under Council’s Tree Preservation Order (TPO).

(ii)  To enhance the streetscape and landscape character, an additional small ornamental tree capable of attaining a minimum height of 4.0m shall be planted to the north of Unit 1 outside of the private courtyard area.

(iii) To enhance the communal landscape setting and define private open space, the proposed planting of Camellia sasanqua (Chinese Camellia) to the south-west of Unit 7 shall be relocated to be immediately adjacent to the proposed terrace and other planting modified to have layering oriented to the communal area not the private terrace.

(iv) To reduce tree impacts to T1 Quercus robur (English Oak), the proposed masonry fence is to be deleted within a 5.0m radius of the tree trunk, and replaced with a lightweight open palisade style fence retaining existing ground levels.

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.

23.   Archbold Road fencing

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that plans showing the proposed masonry fencing works within 5.0m radius of T1 Quercus robur (English Oak) located adjacent to the southern site corner has been deleted for a radius of 5.0m around the tree and replaced with an open palisade style fence, maintaining existing ground levels and grades.

Reason:         To protect existing trees.

24.   Privacy

Prior to the issue of the Construction Certificate, the following amendments (as shown notated red on the approved plans) are to be submitted to and approved by the Principal Certifying Authority:

-     Privacy screening, to a height of 1.6 metres above the finished floor level, is to be incorporated along the eastern edges of the private courtyards of Units 3 and 5.

Reason:         To retain adequate privacy to the neighbouring property.

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.   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.   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.

29.   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.

30.   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.

31.   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 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 dimensions of all parking spaces, including lengths and widths, comply with the State Environmental Planning Policy for Seniors Living relating to height clearances and space dimensions

·           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.

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

32.   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.

33.   Section 94 development contributions - other than identified centres

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

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

The contributions specified above are subject to indexation and 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 11 = $220,000.

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:

34.   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.

35.   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.

36.   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.

37.   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.

38.   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.

39.   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.

40.   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.

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

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 Jack Hodgson Consultants dated 30th April 2014. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:

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

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

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

Reason:       To ensure the safety and protection of property.

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 Jack Hodgson Consultants dated 30th April 2014. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Reason:         To ensure the safety and protection of property.

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.   Protection of public places

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

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

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

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

Reason:         To protect public places.

50.   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.

51.   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.

52.   Maintenance period for works in public road

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

Reason:         To protect public infrastructure.

53.   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.

54.   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.

55.   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.

56.   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.

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.   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.

64.   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:

65.   Easement for waste collection

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

66.   Consolidation of lots

Prior to the issue of the Occupation Certificate, Lot C in DP340032 (71 Archbold Road), Lot D in DP340032 (69 Archbold Road) and Lot 20, Section A in DP11626 (67 Archbold Road) are to be consolidated into a single lot. 

Reason:       To achieve orderly development of the land.

67.   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.

68.   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's 547839M, 188895, 188901, 188902 have been complied with.

Reason:         Statutory requirement.

69.   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.

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.   Accessibility

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

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

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

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

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

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

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

Reason:         Disabled access & services.

72.   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 Part 25R.9 of Ku-ring-gai Development Control Plan). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:         To protect the environment.

73.   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 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.

74.   WAE plans for stormwater management and disposal

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

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

·           gradients of drainage lines, materials and dimensions

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

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

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

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

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

·           dimensions of the discharge control pit and access grates

·           the maximum depth of storage possible over the outlet control

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

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

Reason:         To protect the environment.

75.   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 Part 25R.9 of Ku-ring-gai 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.

76.   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.

77.   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" and the Seniors Living State Environment Planning Policy 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”,

-      The Seniors Living SEPP  (as last amended) for accessible parking spaces,

-      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.

78.   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.

79.   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.

80.   Restriction on land title – SEPP 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.

81.   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.

Richard Kinninmont

Acting Manager Development Assessment Services

Michael Miocic

Director Development & Regulation