Present:

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

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillor D Citer (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillors J Anderson & D Armstrong (Roseville Ward)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Acting Director Strategy & Environment (Marnie Kikken)

Acting Director Community (Danny Houseas)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Sigrid Banzer)

Others Present:

Manager Finance (Angela Apostol)

Manager Integrated Planning, Property & Assets (Deborah Silva)

69

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 respective attachments:

C.1     Merger Proposal - Hornsby Shire Council (part) and Ku-ring-gai Council

In accordance with s10A(2)(g)

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 the confidential attachments to the following Notice of Motion item:

NM.1       Local Government Reform - Legal Obligations

Attachment A1:    Memorandum of Advice by John Robson SC and Verity McWilliam - 7 March 2016

In accordance with s10A(2)(g)

CARRIED UNANIMOUSLY

Memorandums:

OMC62 – Innovation Business Forum – Question Without Notice from Councillor McDonald – Memorandum from Director Community dated 21 April 2016.

OMC338 – Hoarding Disorder – Question Without Notice from Councillor Jennifer Anderson – Memorandum from Director Community dated 22 April 2016

OMC26 April 2016 – GB.1 Revised Delivery Program 2013-2017 and Draft Operational Plan 2016-2017 – Capital Works Program – Memorandum from Manager Integrated Planning, Property & Assets dated 26 April 2016.

Councillors Information:

QWN            St Ives Showground Army Relief Map

Memorandum from Director Operations dated 7 April 2016 responding to a Question without Notice from Councillor Berlioz regarding the installation of interpretive signs at St Ives Showground.

QWN            Wahroonga Park Toilet Block

Memorandum from Director Operations dated 7 April 2016 responding to a Question without Notice from Councillor McDonald regarding the opening of the new toilet block at Wahroonga Park.

QWN            Support for the Returned and Services League (RSL) during Centenary of ANZAC Commemorations

Memorandum from Acting General Manger dated 18 April 2016 responding to a Question without Notice from Councillor Anderson regarding supporting the RSL during the Centenary of ANZAC Commemorations.

Late Confidential Items:

C.1 - Merger Proposal - Hornsby Shire Council (part) and Ku-ring-gai Council - Report by Director Corporate dated 26 April 2016 an attachment.

Confidential Late Agenda Memo:

Item C.1 – Confidential Item – Merger Proposal – Hornsby Shire Council (part) and Ku-ring-gai Council - Memo from Director Corporate dated 26 April 2016.

70

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 5 April 2016

Minutes numbered 49 to 68

Resolved:

(Moved: Councillors Berlioz/McDonald)

That Minutes numbered 49 to 68 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

71

Subsidy of Council Services

File: S06887

Vide: MM.1

Ku-ring-gai Council provides a broad range of services (infrastructure, facilities and programs) for its community.  These services range from the provision of roads and footpaths, parks and ovals, regulatory services such as development assessment and compliance, garbage collection, libraries, childcare, youth services, golf courses, tennis courts, swimming pools, community centres, events, environmental education and animal control.

Funding for these services includes property rates, interest on investments, rental income, developer contributions, grants from other levels of government and user fees and charges. 

The proportion that Council services are funded from user fees and charges rather than other revenues reflects, to varying degrees, the proportion of public versus private use.  In other words if the individual beneficiaries of a service or facility are not readily identifiable, such as for roads and footpaths, a service or facility is usually funded entirely from revenues such as rates and grants.  If the particular users of a service or facility are identifiable, such as for tennis courts, then user fees and charges can be applied to cover the full or part cost of the service. 

Services for which there are identifiable beneficiaries, and for which only part of the costs are recovered from direct fees and charges, are subsidised by the wider community.  The amount of this subsidy at Ku-ring-gai Council varies substantially between services.  While some are almost entirely funded from general revenues, such as libraries, others are almost entirely funded from user fees and charges, such as the garbage service.  In between is a wide range of services which are partly subsidised.

The amount of subsidy provided to particular services has in many cases developed historically over a long period of time.  While Council has reviewed the fees and charges for a range of activities in recent years, for reasons of equity and to ensure the best value is received from ratepayer funds, it is time for a root and branch review of the subsidy provided to all of our services in conjunction with the development of a policy to guide the future allocation of subsidies.

Resolved:

That a report be provided to Council setting out a program and timeframe for the development of a policy and review of the subsidy provided to all Council services.

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

Against the Resolution:         Councillor Pettett

Minutes of Ku-ring-gai Traffic Committee

File: CY00022/8

Vide: RC.1

Meeting held 31 March 2016

Minutes numbered KTC1 to KTC4.

The following members of the public addressed Council on this item:

M Lane

M Drake

72

General Matter Items Under Delegated Authority

File: S02738

Vide Minute No  KTC01

Advice on matters considered under Delegated Authority.

Resolved:

(Moved: Councillors Berlioz/McDonald)

That the information regarding traffic facilities approved during November 2015 to March 2016 be noted.

CARRIED UNANIMOUSLY

73

Road Safety Audit Eastern Arterial Road, St Ives

File: S02904

Ward: St Ives

Electorate: Davidson

Vide Minute No  KTC02

Resolved:

(Moved: Councillors Berlioz/McDonald)

A.    That Council undertake pavement resurfacing treatment on the bend in Eastern Arterial Road between both ends of Nicholson Avenue and the use of slag enhanced modified asphalt..

B.    That Council investigate the treatments in Eastern Arterial Road, between Barra-Brui Crescent and south of Nicholson Avenue, identified in the Road Safety Analysis/Audit Report (Figure 23 – Appendix No. 1 and Table 9-1 prepared by Cardno Consulting, and a report be referred back to the Traffic Committee with Council’s findings.

C.    That Council request the Roads and Maritime Services (RMS) to implement 50 km/h speed limit in Eastern Arterial Road between Eucalyptus Street/Hunter Avenue and Koola Avenue, as recommended in Cardno’s RSA report.

D.    That Council undertake an audit of the reconstruction of the section of Eastern Arterial Road near Nicholson Avenue in 2013, including a detailed review of the road alignment, road radius and road super-evaluation to identify the root cause of the existing problems as recommended in the Cardno report.

E.    That existing kerbside lane closure arrangement on the city bound direction in Eastern Arterial Road be maintained until the proposed pavement resurfacing treatment is carried out to improve skid resistance.

F.    That Council apply for funding under the NSW Safer Road Programme and the Australian Government Black Spot Programmes, for eligible treatments.

G.    That the residents of Eastern Arterial Road who were consulted by Cardno Consulting as part of the RSA Audit be informed of Council’s decision.

CARRIED UNANIMOUSLY

74

Road Safety Audit Burns Road, Turramurra

File: S02904

Ward: Wahroonga

Electorate: Ku-ring-gai

Vide Minute No  KTC03

To consider recommended treatments along Burns Road, Wahroonga, identified with a safety risk in the Roads Safety Analysis/Audit Report (March 2016).

Resolved:

(Moved: Councillors Berlioz/McDonald)

A.   That Council approve in principle the recommended traffic calming treatments in Burns Road at Clissold Road intersection and near Hampden Avenue as shown in Figures 21 and 22 of the Road safety Analysis/Audit reports prepared by Cardno Consulting.

B.   That Council approve in principle the other recommended treatments in Burns Road, between Finchley Place and Hampden Avenue, as identified in the Road Safety Analysis/Audit reports prepared by Cardno Consulting.

C.   That Council request the Roads and Maritime Services (RMS) to implement 50 km/h speed limit in Burns Road between Eastern Road and Bobbin Head road, as recommended in the Cardno’s RSA report.

D.   That Council undertake pavement resurfacing treatment at the intersection of Burns Road and Clissold Road.

E.   That further investigation be undertaken to consider traffic calming treatments in Burns Road between Hampden Avenue and Clissold Road.

F.   That the residents of Burns Road who were consulted by Cardno Consulting as part of the RSA Audit be informed of Council’s decision.

CARRIED UNANIMOUSLY

75

Henry Street, Gordon

File: TM4/08

Ward: Gordon

Electorate: Davidson

Vide Minute No  KTC04

To consider the installation of a roundabout at the intersection of Henry Street and the railway underpass road at Gordon.

Resolved:

(Moved: Councillors Berlioz/McDonald)

That a roundabout at the intersection of Henry Street and the railway underpass road at Gordon be approved in principle subject to the funds being made available from a number of funding sources.

CARRIED UNANIMOUSLY

76

Petition from FOKE Opposing Forced Council Amalgamations - Twenty Three (23) Signatures

File: S10860

Vide: PT.1

‘We the undersigned, submit a petition calling on all Councillors to pursue every avenue possible to prevent the forced amalgamation with Hornsby Shire, including legal action’.

Thank you for supporting Ku-ring-gai as a stand-alone council with its 110 years of distinguished history and traditions in protecting Ku-ring-gai’s unique built and natural environment.

Today FOKE ran the first of a series of three events to celebrate the 2016 National Trust Heritage Festival – the Paddy Pallin Walk.

This incredibly popular walk brought people across the Sydney metropolitan, and as far as Nowra on the South Coast, to visit Ku-ring-gai and learn about Paddy Pallin (1900-1991) who made such a significant contribution to the Australian conservation movement and is remembered by the Paddy Pallin Reserve, Lindfield.

The guests attending this walk strongly opposed the NSW Government’s forced council amalgamation agenda that threatens to destroy not only Ku-ring-gai but many local government areas across NSW.

We thus submit a petition calling on all Councillors to pursue every avenue possible to prevent the forced amalgamation with Hornsby Shire, including legal action.

We ask that you present this petition to the Ku-ring-gai Council meeting of Tuesday 26 April 2016.

Resolved:

(Moved: Councillors Szatow/Malicki)

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

CARRIED UNANIMOUSLY

77

Investment Report as at 31 March 2016

File: S05273

Vide: GB.2

To present Council’s investment portfolio performance for March 2016.

Resolved:

(Moved: Councillors McDonald/Pettett)

A.       That the summary of investments and performance for March 2016 be received and noted.

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

CARRIED UNANIMOUSLY

78

Mayors' Weekend Seminar 2016

File: FY00581

Vide: GB.4

To inform Councillors of the upcoming Mayors’ Weekend Seminar hosted by Local Government NSW on the 21 and 22 May 2016 in Sydney.

Resolved:

(Moved: Councillors McDonald/Armstrong)

That any Councillors interested in attending the 2016 Mayors’ Weekend Seminar advise the General Manager by Friday, 13 May 2016.

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

Against the Resolution:         Councillor Pettett

79

7, 9 & 11 College Crescent & 140 Killeaton Street, St Ives - Demolition of existing structures, consolidation of four lots and construction of a multi unit dwelling development comprising 27 units, basement car parking, landscaping and infrastructure works

File: DA0131/15

Vide: GB.5

To determine Development Application No. DA0131/15 for the demolition of existing structures, consolidation of four lots and construction of a multi unit dwelling development comprising 27 units, basement car parking, landscaping and infrastructure works.

Resolved:

(Moved: Councillors McDonald/Citer)

A.   THAT Council, as the consent authority, grant  development consent to DA0131/15 for the consolidation of four lots and construction of a multi dwelling development comprising 27 town houses, basement car parking, landscaping and infrastructure works on land at 7, 9 & 11 College Crescent & 140 Killeaton Street, St Ives, for a period of two years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1.     Approved architectural plans and documentation (new development)

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

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

2.     Inconsistency between documents

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

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

3.     Approved landscape plans

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

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

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

4.     Asbestos works

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

In accordance with the submitted Preliminary Site Investigation (Molino Stewart Pty Ltd), during site earthworks if any suspected bonded asbestos sheeting is found in the soil, a qualified occupational hygienist should be engaged to sample and test the soil and any asbestos contaminated soil be removed by a licensed contractor and disposed of appropriately at a licensed waste facility.

Reason:    To ensure public safety.

5.     Notice of commencement

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

Reason:         Statutory requirement.

6.     Notification of builder’s details

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

Reason:    Statutory requirement.

7.     Dilapidation survey and report (public infrastructure)

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

Public infrastructure

·           Full road pavement width, including kerb and gutter, of College Crescent over the site frontage.

·           All driveway crossings and laybacks opposite the subject site.

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

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

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

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

8.     Construction and traffic management plan

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

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

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

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

The report is to contain a site plan showing entry and exit points.  Swept paths are to be shown on the site plan showing access and egress for a 12.5 metre long heavy rigid vehicle and if required for demolition and excavation stages a 19.0 metre long articulated vehicle are to be shown.

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

·      Demolition

·      Excavation

·      Concrete pour

·      Construction of vehicular crossing and reinstatement of footpath

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

·      Pedestrian safety measures to be shown.

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. 

NO construction vehicles movements are to occur during the school drop-off (8.00am to 9.30am) and pick-up hours (2.30pm to 4.00pm) on school days.

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

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

9.     Work zone

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

A 'No Parking' restriction opposite the access is recommended for the construction period given the curved nature of the road.

If the work zone and 'No Parking' restriction is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.

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

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

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

10.   Sediment controls

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

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

Reason:         To preserve and enhance the natural environment.

11.   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.

12.   Tree protective fencing type galvanised mesh

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

Reason:   To protect existing trees during construction phase.

13.   Tree protection signage

Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction.  Each sign shall contain in a clearly legible form, the following information:

Tree protection zone.

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

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

·           The arborist's report shall provide proof that no other alternative is available.

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

·           The name, address, and telephone number of the developer.

Reason:    To protect existing trees during the construction phase.

14.   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.

15.   Tree fencing inspection

Upon installation of the required tree protection measures, an inspection of the site by the Principal Certifying Authority is required to verify that tree protection measures comply with all relevant conditions.

Reason:     To protect existing trees during the construction phase.

16.   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 the DCP, 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.

17.   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.

18.   CCTV report of existing pipe system near works

Prior to the commencement of any works on site, a qualified practitioners must undertake a closed circuit television inspection and then report on the existing condition of the drainage pipeline within the easement traversing the subject property. The report is to include a copy of the video footage of the pipeline and submitted to the Principal Certifying Authority prior to the commencement of any works on site.

Reason:    To protect infrastructure.

19.   Hazardous materials survey

In accordance with the submitted Preliminary Site Investigation (Molino Stewart Pty Ltd), prior to demolition, a hazardous materials survey is to be conducted of each of the buildings to identify lead based paint, asbestos, synthetic mineral fibres and polychlorinated byphenols which may be in the building materials. If present they should be removed by a licensed contractor and disposed of appropriately at a licensed waste facility.

Details are to be provided to the satisfaction of the Principal Certifying Authority to this effect.

Reason:   Environmental protection.

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

20.   Amendments to approved engineering plans

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

The Stormwater Management Plan DA3.02/9 prepared by Sparkes + Partners shall be amended as follows:

·          delete swale drain and raised berm along the College Cresent frontage to minimise tree impacts.

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

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

21.   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.

22.   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.

23.   Outdoor lighting

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that all outdoor lighting will comply with AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Note:         Details demonstrating compliance with these requirements are to be submitted prior to the issue of a Construction Certificate.

Reason:     To provide high quality external lighting for security without adverse affects on public amenity from excessive illumination levels.

24.   Air drying facilities

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that a common open space area dedicated for open air drying of clothes is provided. This area is to be located at ground level behind the building line and in a position not visible from the public domain.

In lieu of the above, written confirmation that all units will be provided with internal clothes drying facilities prior to the Occupation Certificate is to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason:    Amenity & energy efficiency.

25.   Setback of private courtyards

Private courtyards are to be set back a minimum of 3.0 metres from neighbouring property boundaries. The setback area is to be dedicated to landscaped common open space.

Details to this effect are to be indicated on the plans prior to the issue of a Construction Certificate.

Reason:    To ensure landscaping amenity for the development within common open space.

26.   External service pipes and the like prohibited

Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building.  Details confirming compliance with this condition must be shown on construction certificate plans and detailed with construction certificate specifications.  Required external vents or vent pipes on the roof or above the eaves must be shown on construction certificate plans and detailed with construction certificate specifications.  External vents or roof vent pipes must not be visible from any place unless detailed upon development consent plans.  Where there is any proposal to fit external service pipes or the like this must be detailed in an amended development (S96) application and submitted to Council for determination.

Vent pipes required by Sydney Water must not be placed on the front elevation of the building or front roof elevation.  The applicant, owner and builder must protect the appearance of the building from the public place and the appearance of the streetscape by elimination of all external services excluding vent pipes required by Sydney Water and those detailed upon development consent plans.

Reason:    To protect the streetscape and the integrity of the approved development.

27.   Access for people with disabilities (residential)

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

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

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

28.   Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application, [T/H 14, 15 and 16], are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.

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

Reason:         Disabled access & amenity.

29.   Excavation for services

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that no proposed underground services (ie: water, sewerage, drainage, gas or other service) unless previously approved by conditions of consent, are located beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.

Note:         A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason:    To ensure the protection of trees.

30.   Recycling and waste management

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

The responsibility for:

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

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

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

Reason:     Environmental protection.

31.   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.

32.   Location of plant (residential flat buildings)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.

C1.   Note:  Architectural plans identifying the location of all plant and equipment shall be provided to the Certifying Authority.

Reason:       To minimise impact on surrounding properties, improved visual appearance and amenity for locality.

33.   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.

34.   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.

35.   Basement car parking details

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

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

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

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

·           the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans

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

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

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

(i)   A detail of the stormwater pipeline, junction pits and kerb inlet pits to Council's existing kerb inlet pit in College Crescent.

(ii)  All underground services for setting out for construction are to be shown.

(iii) An arboricultural impact assessment of all trees within 7 metres for the proposed excavation required for the 450mm diameter pipe to Council's existing kerb inlet pit in College Crescent.

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

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

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

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

37.   Energy Australia requirements

Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.

Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.

Reason:    To ensure compliance with the requirements of Energy Australia.

38.   Utility provider requirements

Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained.  All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.

Reason:    To ensure compliance with the requirements of relevant utility providers.

39.   Underground services

All electrical services (existing and proposed) shall be undergrounded from the proposed building on the site to the appropriate power pole(s) or other connection point. Undergrounding of services must not disturb the root system of existing trees and shall be undertaken in accordance with the requirements of the relevant service provided. Documentary evidence that the relevant service provider has been consulted and that their requirements have been met are to be provided to the Certifying Authority prior to the issue of the Construction Certificate. All electrical and telephone services to the subject property must be placed underground and any redundant poles are to be removed at the expense of the applicant.

Reason:    To provide infrastructure that facilitates the future improvement of the streetscape by relocation of overhead lines below ground.

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

40.   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.

41.   Section 94 Contributions - Centres.

        (For DAs determined on or after 19 December 2010)

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

Infrastructure Type                                                                      Total

LGA Wide Local Recreational & Cultural                                                  $51,548.03

St Ives TC New Roads & Road Mods                                                         $21,978.80

St Ives TC Local Parks & Sporting Facilities                                          $450,312.87

St Ives TC Townscape Transport & Pedest Fac                                      $241,337.21

Development Contributions Total   $765,176.91

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

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

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

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

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

42.   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.

43.   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.

44.   Hours of work

Demolition, 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 using machinery must be limited to between 7.00am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon and 1.00pm.  No excavation using machinery is to occur on Saturdays, Sundays or public holidays.

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.

45.   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.

46.   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.

47.   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.

48.   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.

49.   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.

50.   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.

51.   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 Investigation Report prepared by Asset Geotechnical Engineering Pty Ltd dated 28 February 2015. 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).

If groundwater monitoring indicates that constant pumping would be required for long-term basement drainage, then a tanked basement design is to be adopted. The NSW Office of Water will also require a licence to be obtained for temporary dewatering in excess of 3 megalitres. All requirements of NSW Office of Water are to be met during design, excavation and construction.

Reason:    To ensure the safety and protection of property.

52.   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.

53.   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.

54.   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.

55.   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.

56.   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.

57.   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.

58.   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.

59.   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.

60.   Erosion control

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

Reason:    To protect the environment from erosion and sedimentation.

61.   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 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.

62.   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.

63.   Treatment of tree roots

If tree roots are severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced AQF3 Arborist/Horticulturist. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason:    To protect existing trees.

64.   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.

65.   Approved tree works

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

All trees are to be clearly tagged consistent with the Arboricultural Impact Assessment Report by Earthscape Horticultural Services dated April 2015. 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.

66.   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.

67.   Thrust boring

Excavation for the installation of any services within the specified radius of the trunk/s of the following tree/s shall utilise the thrust boring method.  Thrust boring shall be carried out at least 600mm beneath natural ground level to minimise damage to tree/s root system:

Reason:    To protect existing trees.

68.   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.

69.   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.

70.   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.

71.   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.

72.   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:

73.   Easement for waste collection

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

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

74.   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. 614946M_04 have been complied with.

Reason:    Statutory requirement.

75.   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.

76.   Retention and re-use positive covenant

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site stormwater retention and re-use facilities on the property.

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Council’s Local Centres DCP Volume C Part 4R.9). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:         To protect the environment.

77.   Certification of drainage works

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

·           the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans

·           the minimum retention and on-site detention storage volume requirements of BASIX and Council’s Local Centres DCP Volume C Part 4B.5 respectively, have been achieved

·           retained water is connected and available for use

·           basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Council’s Local Centres DCP Volume C Part 4R.6

·           all grates potentially accessible by children are secured

·           components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia

·           all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices

Note:         Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.

Reason:     To protect the environment.

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

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

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

·           gradients of drainage lines, materials and dimensions

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

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

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

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

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

·           dimensions of the discharge control pit and access grates

·           the maximum depth of storage possible over the outlet control

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

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

Reason:    To protect the environment.

79.   Basement pump-out maintenance

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

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

Reason:    To protect the environment.

80.   OSD positive covenant/restriction

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Council’s Local Centres DCP Volume C Part4R.9). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:    To protect the environment.

81.   CCTV report of pipe after work

Prior to issue of the Occupation Certificate, a closed circuit television inspection and report on the interallotment drainage pipeline traversing the site is to be undertaken by appropriate contractors.  The report is to include a copy of the footage of the inside of the pipeline to the Principal Certifying Authority.  Any damage that has occurred to the section of the pipeline since the commencement of construction on the site must be repaired in full to the satisfaction of beneficiaries of the easement.

Reason:    To protect the environment.

82.   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.

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

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

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

·          the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 - 2004 “Off-Street car parking" 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”,

-   2.6 metres height clearance for waste collection trucks (refer to Volume C Part 3.4(12) of the Local Centres DCP) 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.

84.   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.

85.   Construction of works in public road – approved plans

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

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

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

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

86.   Infrastructure repair

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

Reason:    To protect public infrastructure.

87.   Fire safety certificate

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a Fire Safety Certificate for all the essential fire or other safety measures forming part of this consent has been completed and provided to Council.

Note:         A copy of the Fire Safety Certificate must be submitted to Council.

Reason:    To ensure suitable fire safety measures are in place.

Conditions to be satisfied at all times:

88.   Outdoor lighting

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 2005 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Reason:      To protect the amenity of surrounding properties.

89.   No door restricting internal waste collection in basement

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

Reason:         To facilitate access to the garbage collection point.

90.   Noise control - plant and machinery

All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays.  The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.

Reason:         To protect the amenity of surrounding residents.

91.   Loading and unloading

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

Reason:         To ensure safe traffic movement.

CARRIED UNANIMOUSLY

80

Minutes of the Heritage Reference Committee and the Committee's recommendations for the Heritage Home Fund 2015/16

File: CY00413/4

Vide: GB.6

For Council to consider the minutes of the Heritage Reference Committee (HRC) meeting held on 11 November 2015 and the recommendations for the Heritage Home Fund 2015/16.

Resolved:

(Moved: Councillors McDonald/Anderson)

A.   That Council receive and note the Heritage Reference Committee meeting minutes of 11 November 2015.

B.   That Council approve the grant applications summarised in Attachment A2 for the Heritage Home Fund 2015/16 under the conditions outlined in the Heritage Home Fund guidelines, the requirements in the letter of offer from Council and the additional conditions in Attachment A2.

CARRIED UNANIMOUSLY

81

Consideration of submissions on the planning proposal to list 25 Bushlands Avenue Gordon as a heritage item

File: S10968

Vide: GB.7

For Council to consider the submissions received during the public exhibition of the Planning Proposal to list 25 Bushlands Avenue, Gordon as a local heritage item.

Resolved:

(Moved: Councillors McDonald/Anderson)

A.   That the Planning Proposal to list the property known as ‘Birralee’ at 25 Bushlands Avenue, Gordon as a local heritage item under the Ku-ring-gai Local Environmental Plan 2015 proceed without variation.

B.   That Council proceed to make the Plan, using its delegated authority, under Section 59(2) of the Environmental Planning & Assessment Act 1979.

C.   That those who made submissions be notified of Council’s decision.

CARRIED UNANIMOUSLY

82

Draft Contaminated Land Policy for Public Exhibition

File: S02694

Vide: GB.8

To seek Council’s endorsement of the Draft Contaminated Land Policy 2016 for public exhibition.

Resolved:

(Moved: Councillors McDonald/Berlioz)

A.   That Council endorses the public exhibition of the Draft Contaminated Land Policy 2016.

B.   That following the close of the exhibition a report be brought back to Council to consider any submissions received.

CARRIED UNANIMOUSLY

83

Creation of Easement over Council Land - Killara

File: CY00066/8

Vide: GB.9

To obtain Council approval to create an easement on Council land to benefit a private property at 18-20 Lady Game Drive, Killara.

Resolved:

(Moved: Councillors McDonald/Citer)

A.       That Council approve the creation of an easement at 16A Lady Game Drive Killara (Lot 39 DP22255) to benefit the adjoining property at 18-20 Lady Game Drive Killara (Lot 33 DP22255).

B.       That the General Manager or his delegate be authorised to negotiate Council’s requirements, including compensation for the creation of the easement over Council’s land at 16A Lady Game Drive Killara (Lot 39 DP22255).

C.       That the Mayor and General Manager be delegated authority to execute all documentation associated with the easement, including signing plans, administration sheets etc. and to affix Council’s Seal, if required.

CARRIED UNANIMOUSLY

84

Local Government Reform - Legal Obligations

File: S10870

Vide: NM.1

The following members of the public addressed Council on this item:

M Blay

R Barbero

B Meppem

D Greenfield

R Walker

P Truda

A Jones

N Spataro

S Marshall

J Harwood

C Sutherland

W Fentoullis

H Dingle

J Attenborough

A Pik

P Moate

U Bonzol

P Plummer

E Gross

C Doyle

C Drake

M Gooley

S Ackerman

K Cowley

C Smallbone

J Kitson

Notice of Rescission from Councillors Anderson, Fornari-Orsmond, Ossip and Pettett dated 18 April 2016

We, the undersigned, hereby move rescission of Minute No. 35/16 C.1. of the Ordinary Meeting of Council of 8th March 2016 (Attachment A General Manager's Confidential Report):

That Council comply with the recommended actions in the legal advice attached to this report.

Resolved:

(Moved: Councillors Szatow/Armstrong)

That Council reaffirm its commitment to represent the best interests of the community by pursuing legal action against the forced merger of Ku-ring-gai and Hornsby Councils.

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

Against the Resolution:         Councillors Pettett, Anderson, Fornari-Orsmond and Ossip

The above Resolution was CARRIED as a Foreshadowed Motion to the LOST Original Motion. The LOST Original Motion was:

(Moved: Councillors Ossip/Fornari-Orsmond)

That the above Notice of Rescission as printed be adopted.

For the Resolution:                Councillors Pettett, Anderson, Fornari-Orsmond and Ossip

Against the Resolution:         The Mayor, Councillor Szatow, Councillors McDonald, Malicki, Armstrong and Berlioz

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST.

During debate on the above item a Motion was moved by The Mayor Councillor Szatow and Councillor Berlioz that Councillor Anderson had committed an Act of Disorder and be excluded from the meeting.

For the Motion:                      The Mayor, Councillor Szatow, Councillors , Malicki and Berlioz

Against the Motion:                Councillors, McDonald, Pettett, Armstrong, Anderson, Fornari-Orsmond and Ossip

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST.

85

Revised Delivery Program 2013-2017 and Draft Operational Plan 2016 -2017

File: FY00382/8

Vide: GB.1

To place Council's revised Delivery Program 2013-2017 and draft Operational Plan 2016-2017, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2016-2017, on public exhibition.

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

A.      That the revised Delivery Program  2013-2017 and draft Operational Plan 2016-2017, incorporating the Budget, the updated Capital Works Program, Statement of Revenue Policy and Fees and Charges, be endorsed and placed on public exhibition for a period of twenty-eight (28) days.

B.      That following public exhibition, a further report is submitted to Council to consider any submissions and to adopt the revised Delivery Program 2013-2017 and draft Operational Plan 2016-2017.

CARRIED UNANIMOUSLY

86

Fight on the Beaches Christmas in July Charity Ball

File: CY00043/8

Vide: GB.3

To inform Councillors of an invitation from Fight on the Beaches to attend a Christmas in July Charity Ball which will be held on Friday 8 July 2016 at Miramare Gardens, Terry Hills.

Resolved:

(Moved: Councillors Anderson/McDonald)

That Councillors notify staff should they wish to purchase tickets to the 2016 Fight on the Beaches Christmas in July Charity Ball as per our charitable policy.

CARRIED UNANIMOUSLY

87

Pathway between Killeaton Street and Myrtle Place St Ives

File: 88/05627/01

Vide: QN.1

Question Without Notice from Councillor C Berlioz

An existing pathway between Killeaton Street and Myrtle Place St Ives is identified as a ‘Key Public Pedestrian Accessway’ in the St Ives Town Centre Public Domain Plan 2010 (Fig. 2A. 2-4).

Why is no funding allocated for enhancement, and by enhancement I mean formalisation of this pathway in the Capital Works Programme or the Operations and Delivery Program?

Answered by Acting Director Strategy

The Acting Director Strategy advised she would take the question on notice.

88

Merger Proposal - Hornsby Shire Council (part) and Ku-ring-gai Council

File: S10664

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 Director Corporate dated 26 April 2016

Councillor Citer departed prior to voting on this matter

Resolved:

(Moved: Councillors Malicki/Armstrong)

A.             That Council receive and note the report.

B.       That the General Manager be authorised to make the Delegate’s report and this confidential report to Council available to the public once future legal advice is obtained (and distributed to Councillors) supporting the release.  

CARRIED UNANIMOUSLY

Ordinary Meeting of Council - 10 May 2016

PT.1 / 52

Item PT.1

S02542/16

28 April 2016

Recommendation:

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

Ordinary Meeting of Council - 10 May 2016

GB.1 / 53

Item GB.1

S06788/4

28 April 2016

purpose of report:

To advise Council on IPART’s review of the rating system for local government in NSW and to seek Council’s endorsement of a submission to IPART.

background:

The rating system review follows the Independent Local Government Review Panel’s report (Revitalising Local Government, October 2013) which made a number of recommendations to reform the local government sector, including a recommendation that IPART undertake a review of the rating system.

comments:

The NSW Premier has requested IPART to undertake a review to identify and make recommendations for potential reforms to the rating system for local government in NSW. As part of the review process IPART has released an Issues Paper for its “Review of the Local Government Rating System” on 13 April. IPART is now seeking feedback from councils, ratepayers, the community and other stakeholders on matters raised in the Issues Paper.

A public hearing on the Issues Paper was held on 26 April 2016 and Council has prepared a draft submission which is due by 13 May 2016.

recommendation:

That Council delegate to the General Manager the authority to finalise and lodge its submission on the “Review of the Local Government Rating System” Issues Paper.

Recommendation:

That Council delegate to the General Manager the authority to finalise and lodge its submission on the “Review of the Local Government Rating System” Issues Paper.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1

Issues Paper - Review of Local Government Rating System - April 2016

2016/112431

A2

Ku-ring-gai Council Submission on Issues Paper Review of LG Rating System

2016/113655

APPENDIX No: 1 - Issues Paper - Review of Local Government Rating System - April 2016

Item No: GB.1

APPENDIX No: 2 - Ku-ring-gai Council Submission on Issues Paper Review of LG Rating System

Item No: GB.1

Ordinary Meeting of Council - 10 May 2016

GB.2 / 138

Item GB.2

S02046/9

2 May 2016

purpose of report:

To inform Council about the upcoming election for the Local Government and Shires Association (LGNSW) Board of Directors and determine which Councillors will be nominated to act as Ku-ring-gai’s voting delegates.

background:

Following an election inquiry concerning the election of members of the Board at the Association’s 2015 Annual Conference, the Federal Court of Australia made an order on 29 March 2016 declaring the election of 13 persons on the Board void and each such person not to have been elected. The offices of President and Treasurer were unaffected, and the Court determined that three other directors were not impacted by the irregularity because of the size of their respective primary votes.

The Fair Work Commission (FWC) has directed the Australian Electoral Commission (AEC) to conduct an election for the vacant positions by secret postal ballot.

comments:

Each ordinary member must nominate its voting delegate(s) for the postal ballot by 12 noon on 2 June 2016. Ku-ring-gai Council is entitled to nominate seven (7) voting delegates.

Nominations must include the full name and postal address (including street address or PO Box number, suburb, state and postcode) for each voting delegate and indicate whether the address for each voting delegate is a workplace address.

Nominations are to be made online.

recommendation:

That Council determines its seven (7) voting delegates for the 2016 LGNSW Board Elections.

Recommendation:

That Council determines its seven (7) voting delegates for the 2016 LGNSW Board Elections.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

A1

Local Government and Shires Association - Election of Board of Directors

2016/102226

APPENDIX No: 1 - Local Government and Shires Association - Election of Board of Directors

Item No: GB.2

Ordinary Meeting of Council - 10 May 2016

GB.3 / 148

Item GB.3

DA0160/15

13 August 2015

Report title:

DA0160/15 - 35 Millewa Street, Wahroonga - Construction of 4 townhouses and associated site and landscaping works

ITEM/AGENDA NO:

GB.3

Application No:

DA0160/15

Property Details:

35 Millewa Avenue, Wahroonga

Lot & DP No: Lot 81 DP 2666        

Site area (m²):    1025m²

Zoning:        R4 High density residential 

Ward:

Wahroonga

Proposal/Purpose:

Construction of 4 townhouses and associated site and landscaping works

Type of Consent:

Local

Applicant:

Urbanesque Planning Pty Ltd

Owner:

James Mackenzie

Date Lodged:

7 May 2015

Recommendation:

Approval

Development standard

Proposed

Complies

Site area: 1,025.4 m²

Cl. 4.3 Height of buildings  17.5m (max)

8m

YES

Cl. 4.4 FSR  0.8:1

0.76:1

YES

Development standard

Proposed

Complies

Cl. 6.6 Site area  1,200m² (min)

1025.4m²

NO

Cl. 6.6 Street frontage 

Site area <1,800m² = 24m (min)

19.07m

NO

Part 6 Multi Dwelling Housing Controls

Part 6A Site Design

6A.1  Site layout

Site layout to respond to site analysis

Site analysis provided

YES

Any dwelling with a frontage to the street must address the street 

Town house 1

YES

Minimum of one dwelling to address the street

Town house 1

YES

Minimise hard surface to maximise landscaping

Hard surface kept to minimum

YES

Long straight driveways will not be permitted. Buildings and fences to be staggered

No long straight driveway proposed and building and fences are staggered

YES

Provide single pedestrian entry from street level

NO

Layout to be based on figure 6A.1-2

Site layout reflects the recommended layout

YES

6A.2 Building setbacks

10m from primary street boundary (min)

10m

YES

Parallel to prevailing building line

Parallel to building line

YES

3m side setback from any side boundary (min)

2m minimum to western side boundary

NO

Driveways set back 3m from side boundary (min) to allow for deep soil planting

Proposed driveway is setback 0.5m from the side (eastern) boundary -

NO

Setback areas not be used for at grade parking

No at grade parking in setback areas

YES

6m rear setback (min)

4.027m

NO

Ground floor private terraces/courtyards must have:

8m setback from street boundary (min)

3m setback from side boundary (min)

4m setback from rear boundary (min)

Front courtyard behind setbacks

Courtyard for unit 2 encroaches

Courtyard for units 3&4 encroach

YES

NO

NO

Ground floor side setback encroachment by private terraces/courtyards only if deep soil planting requirements are met.

Deep soil planting requirements are met

YES

15% (max) of the total area of any street setback is to be occupied by private terraces/courtyards.

No private terraces/courtyards proposed to street setback

YES

6A.3 Building separation

The minimum separation between residential buildings on the development site and the adjoining sites must comply with the following:

Up to 2^nd Storey:

i)   3m between non habitable rooms

ii)  6m between rooms/balconies in all other cases

6m

6m

YES

YES

6A.4 Site coverage

Town houses with at grade car parking – 35%

34%

YES

6A.5 Deep soil landscaping

Multi-unit dwelling development must have deep soil landscaping of 30% (min)

31%

YES

Lots with the following sizes are to support a minimum number of tall trees capable of attaining a mature height of 13m on shale transitional soil or 10m on sandstone derived soils:

1200m² or less: 1 per 400m² of site area

1201-1800m² : 1 per 350m² of site area

1801m² or more: 1 per 300m² of site area

The site area is 1,025.4m² and therefore 1 tall tree per 300m² is required. This equates to 3 trees.

There are 6 tall trees proposed to be planted.

YES

At least 50% of all tree plantings are to be locally occurring trees and spread around the site.

>50%

YES

Part 6B Access and Parking

6B.1 Vehicle Access

Driveway located 3m (min) from side boundary and separated by a continuous landscaped verge & screen planting

0.5m setback to the eastern boundary. Landscaping scheme has been adequately progressed to provide for suitable landscaping transition between subject site and adjoining residential flat development

NO

One driveway (max)

Only one driveway is proposed

YES

Driveway designed to avoid straight, long gun barrel appearance by use of landscaping and variations in alignment

Driveway design avoids long gun barrel appearance

YES

On-site vehicle turning areas designed to permit turning in a single reversing movement

Vehicle turning areas allow turning in a single reversing movement

YES

On-site vehicle turning areas must be located within the basement or concealed from the view of the public domain

Turning areas provided within driveway area

YES

If provided in basement, waste and recycling room to be 2.6m ceiling height (min) along path of travel from street to residential waste collection and manoeuvring area and kept free of overhead ducts, services and other obstructions

N/A

N/A

6B.2 Car parking provision

Basement car parking must be consolidated under building footprint

N/A

YES

The basement car park must not project more than 1m above existing ground level to the floor level of the storey immediately above

N/A

N/A

Wherever possible, direct access must be provided from basement car parks to entry

N/A

N/A

Car parking spaces, circulation areas, roadways and ramps are to comply with AS2890.1

Council’s Senior Development Engineer is satisfied that compliance is achieved

YES

Car parking rates:

(Volume C Part 2R.2)

1 bedroom unit: 1 space

2 bedroom unit: min. multiple of 1.25  spaces per unit

3 bedroom unit: min. multiple of 1.5 spaces per unit

1 x 1.25 = 1.25

3 x 1.5 = 4.5

Total required: 5.75 (6)

Total provided: 5

NO

Visitor parking: 1 space per 4 units

1 space to be adaptable by complying with dimensional and locational requirements of AS2890.6.

One space to be provided with tap to make provision for on-site car washing

1 visitor spaces

Council’s Senior Development Engineer is satisfied that compliance is achieved

Car wash space is provided

YES

YES

YES

Clearly signposted space for temporary parking of service and removalist vehicles with min. dimension of 3.5m x 6m and min. manoeuvring area 7m wide (where not provided, one of visitor spaces may be used if it meets these dimensions)

Temporary service/car wash space provided which satisfies minimum dimensions. Condition to be imposed to ensure clear signage of the space.

YES

Part 6C. Building Design and Sustainability

6C.1 Communal open space

Communal open space must be provided where more than 10 dwellings are proposed that do not address the street

Proposal is for less than 10 dwellings

N/A

6C.2 Private open space

Multi-dwelling housing development must provide a minimum (internal dimension) 35m² of private open space per dwelling at ground floor, and must ensure:

i)   a single space of  minimum 25m² with a minimum internal dimension of 4m and direct access from a living area of the dwelling; and

ii)  the remaining spaces must have a minimum internal dimension of 2m

All dwellings >35sqm, with a minimum of 25sqm at 4m dimension

YES

Primary private open space is to have direct access from the main living areas

All primary private open space areas have direct access from main living area

YES

Private open space (outdoor) for ground floor dwellings is to be differentiated from common areas by:

i)   Change in level and/or:

ii)  screen planting such as hedges or shrubs and/or;

iii) fence/wall to max height of 1.8m.  Any solid wall component to have max 1.2m height with 30% transparent component on top.  Gate to be provided from common area

YES

6C.3 Solar access 

Dwellings must receive min 3 hours direct sunlight to at least one living room & primary private open space between 9am - 3pm on 21^st June

Minimum of 3 hours provided to a living room and primary open space between 9am – 3pm midwinter

YES

Min. 3 hours between 9am – 3pm on 21^st June to living areas and principal portion of private open space of existing residential flat buildings and multi-dwelling housing on adjoining lots and residential development in adjoining lower density zones

Minimum solar access provided to living areas and principal portion of open space of multi-dwelling housing on adjoining lots

YES

Overshadowing must not compromise the development potential of the adjoining under-developed site(s)

Adjoining sites are developed to their potential

YES

All development must utilise shading and glare control

Matter covered by BASIX

YES

6C.4 Natural ventilation

All habitable rooms are to have windows or doors that can be opened and closed

All habitable rooms have windows or doors that can be opened and closed

YES

All dwellings must have natural cross ventilation

All dwellings have natural cross ventilation

YES

At least 25% of all kitchens are to be immediately adjacent to an operable window

All of the kitchens immediately adjacent to an operable window

YES

All habitable rooms are to be naturally ventilated without relying solely on lightwells or skylights

All habitable rooms are naturally ventilated without relying solely on lightwells or skylights

YES

6C.5 Dwelling depth, width and room size

Maximum internal plan depth of a dwelling is to be 14m from glass line to glass line

Town houses 1 & 2: 13.5m

Town houses 3 & 4: 15.5m

YES

NO

Each dwelling must have 4m dimension (min)

All dwellings have 4m dimension

YES

Living areas must have 4m internal plan dimension (min)

All living areas have 4m internal plan dimension

YES

Multi-dwelling housing with two bedrooms must have a minimum internal plan dimension of 3m (excl. wardrobe space) in all bedrooms

All dwellings have two bedrooms which meet the necessary internal dimension requirements

YES

Multi-dwelling housing with three or more bedrooms are to have at least two bedrooms with a minimum internal plan dimension of 3m (excluding wardrobe space)

All dwellings have at least two bedrooms with a minimum internal plan dimension of 3m (excl wardrobes)

YES

Built in wardrobes are to be provided:

i)    to all studio apartments;

ii)   to all bedrooms in one and two bedroom apartments

iii)  to at least two bedrooms in apartments of three or more bedrooms

Built in wardrobes are provided to at least two bedrooms in dwellings

YES

6C.6 Dwelling mix

All multi-dwelling housing developments must contain at least one dwelling for each 10 dwellings (or part thereof) designed as adaptable housing in accordance with the provisions of AS4299-1995: Adaptable Housing Class C

Town house 1 is designed as adaptable housing

YES

6C.7 Building entries

The entry path is to be directly accessible and visible from the street

Entry paths are directly accessible and visible from street

YES

Building entry must be integrated with building facade design. At street level, the entry is to be articulated with awnings, porticos, recesses or projecting bays for clear identification

Building entries are articulated with canopies provided over entries for clear identification

YES

All entries must be well lit and designed to avoid any concealment or entrapment areas

Design satisfactory

YES

All light spill is prohibited

Light spill is controlled via condition in accordance with AS4284:1997

YES

6C.8 Building facades

Building length is not to exceed 36m

No section of building exceeds 36m in length

YES

All building facades must be modulated and articulated with wall planes varying in depth by not less than 0.3m.  Where external walls are longer than 12m, the building alignment must be stepped by a minimum 0.6m articulation (projection or indentation) in the façade.

The proposed building is sufficiently modulated and articulated in its facades

YES

Building facades must be designed to respond to solar access by using solar protection elements such as eaves and louvres as environmental controls

Design incorporates sufficient solar protection elements such as eaves and louvres

YES

All building elements including shading devices and awnings must be coordinated and integrated within the overall façade design

All shading devices and awnings coordinated and integrated within overall façade design

YES

Where individual air conditioning units are used, they must not be located on the building façade or on balconies or terraces

Air conditioning is not visible from the street