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 (Roseville Ward)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Christine Dunand)

Minutes Secretary (Sandy Ryrie)

Others Present:

Manager Urban & Heritage Planning (Antony Fabbro)

Manager Finance (Angela Apostol)

117

Apologies

File: S02194

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

Resolved:

(Moved: Councillors Berlioz/McDonald)

That the apology for Councillor Armstrong  be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

118

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Berlioz/McDonald)

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:

Refer C.1  Optus Mobile Pty Ltd - Renewal of lease and licence for telecommunications facility at Warrimoo Oval

Attachment A1    Site plan - Telecommunications facility at Warrimoo Oval and Optus lease area

Attachment A2    Confidential Heads of Agreement between Ku-ring-gai Council and Optus Mobile Pty - Warrimoo Oval

In accordance with s10A(2)(d)

Refer C.2  Provision for Doubtful Debt of Hutchison 3G Australia Ltd

Attachment A1    Letter from Council to Hutchison 3G

In accordance with s10A(2)(d) and s10A(2)(g)

CARRIED UNANIMOUSLY

Late Items:

MM.1     International Reporting Award for Ku-ring-gai Council

Report by Mayor 14 June 2016

MM.2     Queen's Birthday Honours 2016

Report by Mayor dated 14 June 2016

GB.13    Consideration of Submissions - Ku-ring-gai Development Control Plan and Ku-ring-gai Local Centres Development Control Plan Review

Report by Manager Urban & Heritage Planning dated 27 May 2016 with attachments.

GB.14    Proposed Special Resolution Regarding Amending the NSROC Constitution

Report by Director Corporate dated 10 June 2016 an attachment.

Councillors Information:

QWN      Code of Conduct Matter

Memo from Director Operations dated 2 June 2016 responding to a Question without Notice from Councillor Citer regarding a Code of Conduct matter.

GB.5      St Ives Village Green – New Recreation Precinct

Memo from Director Strategy & Environment dated 7 June 2016 with A3 copies of Attachment A1 to the report (hard copy given to Councillors)

GB.13    Consideration of Submissions – Ku-ring-gai DCP and Ku-ring-gai Local Centres DCP Review

Memo from Director Strategy & Environment dated 7 June 2016 advising that attachments A4 and A5 to the report have been provided to Councillors on a CD.

GB.5      St Ives Village Green – New Recreation Precinct

Memo from Director Strategy & Environment dated 10 June 2016 with enclosed indicative 3D renders of the St Ives Village Green – New Recreation Precinct to assist with understanding of the project.

Late Councillor Information

GB.13    Consideration of Submissions – Ku-ring-gai DCP and Ku-ring-gai Local Centres DCP Review

Memo from Director Strategy & Environment dated 14 June 2016 advising an additional part E. to the recommendation.

GB.13    Consideration of Submissions – Ku-ring-gai DCP and Ku-ring-gai Local Centres DCP Review

Memo from Manager Urban Planning and Heritage dated 14 June 2016 advising additional parts F. and G. to the recommendation.

119

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 24 May 2016

Minutes numbered 100 to 116

Resolved:

(Moved: Councillors Berlioz/Malicki)

That Minutes numbered 100 to 116 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

120

Queen's Birthday Honours 2016

File: S02767

Vide: MM.2

I am pleased to inform you that 10 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2016 Queen’s Birthday Honours.

We are very proud to have these dedicated and talented Australians as members of the Ku-ring-gai community.

I would like to read to you the names of these special Ku-ring-gai citizens and, on behalf of Council, congratulate them on their excellent contributions to Australian society.

Richard Allan BRYANT  AC of East Killara, for eminent service to medical research in the field of psychotraumatology, as a psychologist and author, to the study of Indigenous mental health, as an advisor to a range of government and international organisations, and to professional societies

Ronald David DYER OAM of Wahroonga, for service to the people and Parliament of New South Wales

Margot Louise LANDER  OAM of Warrawee, for service to the community of Ku-ring-gai

Nyunggai Warren MUNDINE  AO of Roseville Chase, for distinguished service to the community as a leader in Indigenous affairs and advocate for enhancing economic and social public policy outcomes for Aboriginal and Torres Straits Islander people

Maithri Hemachandra PANAGODA  AM of St Ives, for significant service to the Sri Lankan community in New South Wales, and to the law, particularly in litigation and dispute resolution

Anne Miriam ROBINSON  AM of Roseville,  for significant service to the community through regulatory and governance reform in the not-for-profit and charitable sectors, and to the law

Maree Carol RYAN  AM of North Turramurra,  for significant service to music as a classical mezzo-soprano, and to music education through roles as a teacher, mentor and researcher

Maria Teresa SAVIO HOOKE  OAM of Killara, for service to psychoanalysis through roles with professional organisations

David Maxwell SCARLETT  OAM of Killara, for service to the law, and to the community

Iven Hunter YOUNG  AM of St Ives,  for significant service to respiratory and sleep medicine as a clinician, administrator, researcher and mentor, and to professional societies.

On behalf of Council, I congratulate all these award winners on their outstanding achievements.

Ku-ring-gai should be proud that it has so many citizens being recognised at the highest levels for their selfless dedication, commitment and contribution to local, national and international communities.

Resolved:

A.       That Council acknowledge the outstanding contribution made by these recipients of 2016 Queen’s Birthday Honours to the Ku-ring-gai community and to the well-being of our society.

B.       That the Mayor, on behalf of Council, write to the recipients to congratulate them.

CARRIED UNANIMOUSLY

121

International Reporting Award for Ku-ring-gai Council

File: S07209/2

Vide: MM.1

I am delighted to announce that the Council has won a gold award in the government reporting category of the 2016 Australasian Annual Reporting Awards.  This is the second gold award in two years that Ku-ring-gai Council has won, and was awarded for the 2014-2015 annual report.

The Awards are hosted each year by Australasian Reporting Awards Limited, an independent not-for-profit organisation supported by volunteer professionals from the business community and professional bodies concerned about the quality of financial and business reporting.

Each year the Awards attract hundreds of entries from organisations and businesses across Australia, New Zealand and South East Asia. The Awards provide an opportunity for organisations to benchmark their annual reports against internationally recognised criteria and for our part, I am particularly pleased that our Council has been able to demonstrate a philosophy of continuous improvement in the compilation of our report.

An annual report is the most objective benchmark of how an organisation is travelling in terms of its overall performance and communication with its stakeholders. I believe our award-winning report demonstrates two key things; adherence to the NSW Government’s guidelines of transparency and openness in local government annual reporting and secondly, consistency and timeliness.

NSW councils are required to prepare and submit their annual reports to the state government by the end of November each year. I am proud to say that we have never missed that deadline. In this we are aided by the speedy and efficient preparation of the annual accounts by the Council’s finance team.

This award also demonstrates that, despite the turmoil created by the prospect of a forced merger with Hornsby Council, our council continues to demonstrate excellence in all areas of service. I commend the staff involved in the preparation of the 2014-2015 annual report and I encourage ratepayers and the public to view the report on our website at kmc.nsw.gov.au/annualreport

Resolved:

That the Mayoral Minute be received and noted.

CARRIED UNANIMOUSLY

122

Revised Delivery Program 2013-2017 and Operational Plan 2016-2017 - Post Exhibition

File: FY00382/8

Vide: GB.1

For Council to adopt the revised Delivery Program 2013 – 2017 and Operational Plan 2016 – 2017, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2016 – 2017.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.       That Council adopts the revised Delivery Program 2013 - 2017 and Operational Plan 2016 - 2017, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2016 - 2017.

B.       That an ordinary rate in the dollar of $0.00090331 on the unimproved capital value of all rateable land categorised as residential in the Council area be made for the period of 1 July 2016 to 30 June 2017.

C.       That an ordinary rate in the dollar of $0.00585944 on the unimproved capital value of all rateable land categorised as business in the Council area be made for the period of 1 July 2016 to 30 June 2017.

D.       That the minimum ordinary rate for both residential and business be set at $506.00 for the period 1 July 2016 to 30 June 2017.

E.       That an infrastructure - primary rate in the dollar of $0.00040683 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $265 base amount be made for the period of 1 July 2016 to 30 June 2017.

F.       That an infrastructure special rate in the dollar of $0.00005394 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $30 base amount be made for the period of 1 July 2016 to 30 June 2017.

G.       That an environmental special rate in the dollar of $0.00009724 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a zero base amount, be made for the period of 1 July 2016 to 30 June 2017.

H.       That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 8.5% of total rates and charges in 2016 - 2017.

I.        That Council transfer to the Infrastructure and Facilities Reserve the net annual income (gross income less maintenance expenses) from synthetic sportsfields for the purpose of future capital renewal and that projects for capital renewal of synthetic sportsfields be included in the LTFP when it is next reviewed.

J.       That Council writes to all residents and groups that made submissions in relation to the Revised 2013 - 2017 Delivery Program and draft Operational Plan 2016 - 2017 and respond to the authors with the outcomes.

CARRIED UNANIMOUSLY

123

Pymble Presbytery - Withdrawal of Offer to Lease - Smart School of Music and Art Pty Ltd

File: S10015

Vide: GB.2

For Council to consider the withdrawal of the lease offer to Smart School of Music and Art Pty Ltd for the Pymble Presbytery, located at 1188 Pacific Highway Pymble.

Resolved:

(Moved: Councillors Malicki/McDonald)

That Council not proceed with the leasing of the Pymble Presbytery, and that all previous approvals for direct lease negotiations with Smart School of Music and Art Pty Ltd be rescinded.

CARRIED UNANIMOUSLY

124

Implementation of legislation to manage boat trailer parking

File: S04442

Vide: GB.3

To seek Council’s endorsement  in applying to  the Office of Local Government for permission to implement the Impounding Amendment (Unattended Boat Trailers) Act 2015

Resolved:

(Moved: Councillors Malicki/McDonald)

A.   That Council applies to the Office of Local Government declaring Ku-ring-gai Council as an interested entity in implementing the Impounding Amendment (Unattended Boat Trailers) Act 2015.

B.   That Council consult with its community and all neighbouring councils regarding its intention to implement the legislation.

C.   That Council write to IPART bringing their attention to this cumbersome style of legislation implementation.

CARRIED UNANIMOUSLY

125

90-92 Eton Road Lindfield - Extinguishment and relocation of Council stormwater drainage easement

File: CY00066/8

Vide: GB.4

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

Resolved:

(Moved: Councillors Malicki/Berlioz)

A.       That the General Manager or his delegate be authorised to negotiate Council’s requirements including compensation for the extinguishment of part of the existing easement J744469 at 10-12 Eaton Road, Lindfield over Lot 5  DP270770 and the relocation of replacement drainage infrastructure on another part of the property approved by Council.

B.       That subject to the General Manager or his delegate completing negotiations on the basis set out in the report that Council grants approval for the extinguishment of part the existing easement.

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

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

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

CARRIED UNANIMOUSLY

126

Bush Fire Prone Land Mapping 2016

File: S06342/3

Vide: GB.6

To seek Council's approval to exhibit the draft 2016 Bush Fire Prone Land Map for the Ku-ring-gai Local Government Area (LGA).

Resolved:

(Moved: Councillors Malicki/McDonald)

A.   That Council approves the public exhibition of the draft 2016 Bush Fire Prone Land Map.

B.   That a further report be presented to Council following the public exhibition period outlining any changes and recommended amendments to the 2016 Bush Fire Prone Land Map for final endorsement.

CARRIED UNANIMOUSLY

127

Draft Planning Agreement Policy - report following exhibition

File: S06198

Vide: GB.7

The purpose of this report is for Council to consider any submissions received during the public exhibition of the draft Ku-ring-gai Council Planning Agreement Policy 2016.

Resolved:

(Moved: Councillors Malicki/McDonald)

That Council adopts the draft Ku-ring-gai Planning Agreement Policy 2016.

CARRIED UNANIMOUSLY

128

Contaminated Land Policy - Final

File: S02694

Vide: GB.8

For Council to adopt the exhibited Contaminated Land Policy 2016.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.   That Council adopts the Contaminated Land Policy 2016.

B.   That a copy of the Contaminated Land Policy 2016 is placed on Council’s website.

CARRIED UNANIMOUSLY

129

Ku-ring-gai Wildflower Garden Education Centre - Concept Plan

File: S10531

Vide: GB.9

To seek Council’s endorsement of the concept design plan for a cultural and environmental education centre at the Ku-ring-gai Wildflower Garden.

Resolved:

(Moved: Councillors Malicki/Berlioz)

A.   That Council endorse the concept design plan for a cultural and environmental education centre at the Ku-ring-gai Wildflower Garden, in order for the project to progress to the detailed design and costing phase.

B.   That a final concept design plan and detailed cost estimate report is presented to Council for endorsement following the detailed design and costing phase.

C.   That a briefing be held for any interested Councillors prior to the report coming back to Council.

CARRIED UNANIMOUSLY

130

Draft Environmental Policies and Strategy for Public Exhibition

File: S09069/6

Vide: GB.10

To seek Council’s endorsement of the Draft Bushland Dumping and Encroachment Policy 2016, Draft Fauna Management Policy 2016, Draft Biodiversity Policy 2016, Draft Water Sensitive City Policy 2016 and Draft Climate Change Adaptation Strategy 2016 for public exhibition.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.   That Council endorses the Draft Bushland Dumping and Encroachment Policy 2016 for public exhibition.

B.   That Council endorses the Draft Fauna Management Policy 2016 for public exhibition.

C.   That Council endorses the Draft Biodiversity Policy 2016 for public exhibition.

D.   That Council endorses the Draft Water Sensitive City Policy 2016 for public exhibition.

E.   That Council endorses the Draft Climate Change Adaptation Strategy 2016 for public exhibition.

F.   That following the close of the public exhibition / consultation period a report be brought back to Council to consider any submissions received for these policies and strategy.

CARRIED UNANIMOUSLY

131

Creation of Biobanking sites within Natural Areas for the purpose of offsetting NorthConnex

File: S06758

Vide: GB.12

To seek Council’s endorsement for the creation of Biobanking sites on Council land currently managed as Natural Areas under the NSW Local Government Act 1993, through offsetting requirements of the NorthConnex project.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.       That Council enters into a Memorandum of Understanding with Lend Lease in relation to a proposed Biobanking Agreement/s under Part 7A of the Threatened Species Conservation Act 1995 for suitable Natural Area site/s, if deemed appropriate.

B.       That Council authorises the Mayor and General Manager to execute all documentation in relation to the Memorandum of Understanding with Lend Lease in relation to a proposed Biobanking Agreement/s, should the MoU proceed.

C.       That Council authorises the Mayor and General Manager to execute all documentation in relation to the proposed Biobanking Agreement/s, should the MoU proceed.

CARRIED UNANIMOUSLY

132

Consideration of Submissions - Ku-ring-gai Development Control Plan and  Ku-ring-gai Local Centres Development Control Plan Review

File: S11037

Vide: GB.13

To have Council consider amendments made to the draft Ku-ring-gai Development Control Plan and the draft Ku-ring-gai Local Centres Development Control Plan arising from public exhibition.

Resolved:

(Moved: Councillors Malicki/McDonald)

A.   That Council adopts the Ku-ring-gai Development Control Plan and the Ku-ring-gai Local Centres Development Control Plan.

B.   That the Ku-ring-gai Development Control Plan and the Ku-ring-gai Local Centres Development Control Plan come into effect immediately upon the notification of advertisement of  adoption by Council in the local press.

C.   That the Director of Strategy and Environment be given delegation to approve the amendment of minor inconsistencies and errors in the Ku-ring-gai Development Control Plan and the Ku-ring-gai Local Centres Development Control Plan following adoption.

D.   That the adopted Ku-ring-gai Development Control Plan and the Ku-ring-gai Local Centres Development Control Plan be forwarded to the Department of Infrastructure and Planning in accordance with the Environmental Planning and Assessment Regulation 2000.

E.    That Part 6 Multi- dwelling Housing – Part 6A.6 Deep Soil Landscaping be amended to read

Multi-dwelling housing development is to have a minimum deep soil landscaping area of 40% of the site area provided within common areas only.

F.    That the Ku-ring-gai Local Centres Development Control Plan be amended to read as follows:

Part 1A Preliminary – Part 1A.5 General aims of the DCP

The general aims of this DCP are as follows:

i)      Establish a future character for Ku-ring-gai’s Local Centres, and ensures that a development across the Local Government Area positively contributes to the existing character.

G.   That the Ku-ring-gai Development Control Plan be amended to read as follows:

Part 1A Preliminary –Part 1A.5 General aims of the DCP

The General aims of this DCP are as follows:

i)      Establish a future character for Ku-ring-gai, and ensure that development across the Local Government Area positively contributes to the existing character of the residential areas.

CARRIED UNANIMOUSLY

133

Optus Mobile Pty Ltd - Renewal of lease and licence for telecommunications facility at Warrimoo Oval

File: S02297/9

Vide: C.1

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

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

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

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

(iii)        reveal a trade secret.

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

Report by Director Strategy & Environment dated 23 May 2016

Resolved:

(Moved: Councillors Malicki/McDonald)

A.      That Council grants a lease and licence to Optus Mobile Pty Ltd over a portion of Warrimoo Oval for the installation of a low impact telecommunication facility on the terms set out in the confidential Heads of Agreement including the tenure period and the market rent.

B.      That Council undertake Public Notification as prescribed by section 47 of the Local Government Act 1993.

C.      That Council authorises the Mayor and General Manager to sign all documentation associated with the lease and licence.

D.      That the Council Seal be affixed to the lease and licence.

CARRIED UNANIMOUSLY

134

Centenary of the Battle of Pozieres

File: S10661

Vide: NM.1

Notice of Motion from Councillor Anderson dated 2 June 2016

The Centenary Commemorative Service of the Battle of Pozières will be held in Pozières, France on Saturday, 23^rd July 2016.

The French village of Pozières was the site of a major battle during the First World War, which involved Ku-ring-gai’s 18^th Battalion. Between the 23^rd July 1916 and 3^rd September 1916 Australia suffered 23,000 casualties and more than 6,700 deaths there. Australia’s official WWI historian, Ku-ring-gai resident, Charles W. Bean, wrote that the Pozières Ridge “is more densely sown with Australian sacrifice than any other place on earth”. It is the final resting place of many of Ku-ring-gai’s young men.

The historic link between Pozières and Ku-ring-gai was officially recognised with a Sister City Agreement in June 2014.

It was my great honour to visit Pozières in July 2015 during a personal trip to England and France, and whilst there, to attend the ninety-ninth Commemoration of the Battle of Pozières. Along side the Mayor of Pozières, Monsieur Bernard Delattre, and Australian Government and Armed Forces officials, I laid a floral tribute on behalf of the Council and People of Ku-ring-gai. I was approached numerous times by Ku-ring-gai residents who were visiting Pozières and the battlefields of The Somme at the time. Without exception, they expressed their pleasure at Ku-ring-gai continuing to honour its ties with Pozières.

Thousands more Australians will be visiting Pozières this year for the Centenary Commemoration of the Battle, including representatives from St John’s Church Gordon, which houses the Pozières Cross, a relic from the battlefield. I am aware the Mayor is officially farewelling that group here at Council Chambers.

The Centenary Commemoration in Pozières is an opportunity for our Council to further strengthen our Sister City relationship with Pozières in remembrance of the sacrifice of thousands and as a gesture of friendship for the future.

I move that:

A.   Ku-ring-gai Council arrange a floral tribute to be laid at the Centenary Commemoration of the Battle of Pozières in Pozières, France on Saturday, 23rd July 2016.

B.   Ku-ring-gai Council, with advice from the Ku-ring-gai Historical Society, prepare a suitably framed calligraphic Commemorative message marking the Centenary, to be gifted to the Pozières Council and the People of Pozières.

Resolved:

(Moved: Councillors Anderson/McDonald)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

135

Ku-ring-gai Council’s submission to Eurobodalla Council regarding proposed Flying-fox dispersal

File: CY00416/4

Vide: NM.2

Notice of Motion from Councillor Anderson dated 2 June 2016

Ku-ring-gai Council officers have made a submission, dated 27/05/16, to Eurobodalla Council regarding the Bateman’s Bay Flying-Fox Dispersal Plan (Attachment 1).

The submission identifies potential impacts of the Plan within the Ku-ring-gai LGA and, accordingly, I believe it should be sent to relevant Members of Parliament to ensure they are directly made aware of the contents.

I move that:

A.   A copy of the submission be sent to the Federal Minister for the Environment, Greg Hunt.

B.   A copy of the submission be sent to the Federal Member for Bradfield, Paul Fletcher.

C.   A copy of the submission be sent to the State Minister for the Environment, Mark Speakman.

D.   A copy of the submission be sent to the State MP for Ku-ring-gai, Alister Henskens, and the State MP for Davidson, Jonathan O’Dea.

E.   A copy of the submission be sent to Ku-ring-gai residents who have been liaising with Council officers over time in relation to significant bat activity locally.

Resolved:

(Moved: Councillors Anderson/McDonald)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

136

St Ives Village Green - New Recreation Precinct

File: S07533

Vide: GB.5

To seek Council's endorsement of the final concept design for the new recreation precinct at St Ives Village Green.

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

C Ghatt

L Jones

Resolved:

(Moved: Councillors Berlioz/Ossip)

A.   That Council endorses the final concept design for the new recreation precinct at St Ives Village Green.

B.   That staff proceed with design development and the preparation of construction documentation including detailed plans, cost estimates and specifications for public tender.

C.   That Council authorises the General Manager to allow minor changes to the concept plan during the design development process where budget or other constraints warrant amendments.

D.   That provision of CCTV be considered further as part of the tender report to Council so that the cost benefit of this additional feature can be fully assessed.

CARRIED UNANIMOUSLY

137

Consideration of Submissions on Planning Proposal to heritage list 27 Finlay Road, Warrawee

File: S11014

Vide: GB.11

For Council to consider the submissions received during the public exhibition of the Planning Proposal to heritage list 27 Finlay Road, Warrawee.

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

S Smith

J Berwick

Resolved:

(Moved: Councillors Anderson/Berlioz) 

A.   That the Planning Proposal to list the property known as ‘Exley House’ at 27 Finlay Road, Warrawee as a local heritage item under the Ku-ring-gai Local Environmental Plan 2015 proceed without variation.

B.   That Council proceeds 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.

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

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

138

Training for Mayor: Effective and Fair Meeting Procedures Course

File: FY00581

Vide: NM.3

Notice of Motion from Councillors Fornari-Orsmond, Pettett, Citer, Anderson and Ossip dated 6 June 2016

Council currently supports training programs for newly elected Mayors and Deputy Mayors to assist with personal development of leadership skills. With this in mind, further specific training for first term Mayors is important as they publicly chair the Ordinary Meetings of Council.

Local Government NSW provides training courses specifically designed for this type of development, namely Effective and Fair Meeting Procedures (Attachment 1: Course outline).

We move:

A.   That future first-term Mayors undertake training for chairing meetings, namely via the LGNSW Course “Effective and Fair Meeting Procedure”, as soon as practicable after the start of their term and that the costs thereof be met by Council.

B.   That the current Mayor should attend the above course within the next two months, with the costs thereof met by Council.

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

C Smallbone

J Kitson

Resolved:

(Moved: Councillors Fornari-Orsmond/Citer) 

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

139

Proposed Special Resolution Regarding Amending the NSROC Constitution

File: CY00430/4

Vide: GB.14

To seek Council’s resolution regarding the proposed amendments to the NSROC Constitution, as well as its nomination of delegates to be Council’s representatives should Clause 5 of the NSROC Constitution come in to effect.

Resolved:

(Moved: Councillors Malicki/Berlioz)

That Council:

A.   Endorse the proposed amendment to the Constitution of the Northern Sydney Regional Organisation of Councils and direct Ku-ring-gai Council representatives on the NSROC Board to support this decision at the Extraordinary NSROC Board meeting; and

B.   Retain the two (2) current delegates as Council’s representatives on the NSROC Board should Clause 5 of the NSROC Constitution come into effect.

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

Against the Resolution:         Councillors Citer and Anderson

The above Resolution was subject to an Amendment which was LOST.  The Lost Amendment was:

(Moved Councillors Anderson/Fornari-Orsmond)

That Ku-ring-gai Council endorse the amendment of the NSROC constitution to include 4(i)(h) and 4(ii)(a) only.

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

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

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

140

Provision for Doubtful Debt of Hutchison 3G Australia Ltd

File: S05273

Vide: C.2

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 sections 10A(2)(d)(i) 10A(2)(d)(ii) & 10A(2)(g), of the Act, and should be dealt with in a part of the meeting closed to the public.

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

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

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

(iii)    reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders.  Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.  Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

It is not in the public interest to reveal details of these tenders or the assessment process.  Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council.  The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

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

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

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

(vi)         reveal a trade secret.

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

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 6 June 2016

Resolved:

(Moved: Councillors Malicki/McDonald)

That Council writes-off doubtful debt of $103,605.59 for Hutchison 3G Australia Ltd account number 975026.

CARRIED UNANIMOUSLY

Ordinary Meeting of Council - 28 June 2016

PT.1 / 28

Item PT.1

RT1/08

20 June 2016

Recommendation:

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

Ordinary Meeting of Council - 28 June 2016

GB.1 / 29

Item GB.1

S10214

16 June 2016

purpose of report:

To report on the contractual conditions of senior staff in accordance with section 339 of the Local Government Act 1993.

background:

Section 339 of the Local Government Act 1993 states:

The General Manager must, at least once annually, report to Council on the contractual conditions of senior staff.

comments:

This report provides Council with details regarding the contractual conditions of senior staff, as required by section 339 of the Local Government Act 1993.

recommendation:

That Council receive and note the report.

Position

Present Incumbent

General Manager

John McKee

Director Community

Janice Bevan

Director Corporate

David Marshall

Director Development & Regulation

Michael Miocic

Director Operations

Greg Piconi

Director Strategy & Environment

Andrew Watson

Recommendation:

That Council receive and note the report.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

A1

Confidential - Annual Report on Contractual Conditions of Senior Staff 2015 / 2016

Excluded

Confidential

Ordinary Meeting of Council - 28 June 2016

GB.2 / 33

Item GB.2

S03158/2

15 June 2016

purpose of report:

To determine the mayor and councillor fees for the 2016/17 financial year.

background:

Pursuant to section 241 of the Local Government Act 1993, the Local Government Remuneration Tribunal determines the minimum and maximum amount of fees to be paid to mayors and councillors of NSW councils.

Section 248 of the Local Government Act 1993 requires that councils either fix an annual fee in accordance with the appropriate determination of the Remuneration Tribunal or pay the minimum fee determined by the Remuneration Tribunal.

comments:

The Local Government Remuneration Tribunal has released its annual review of the minimum and maximum fees that apply to mayors and councillors for 2016/17 [Attachment A1]. The Tribunal has determined that mayor and councillor fees may be increased by no more than 2.5 per cent.

recommendation:

That effective 1 July 2016:

the annual councillor fee be set at $18,840; and the annual mayoral fee to be set at $41,090, in addition to the Councillor fee.

Recommendation:

That effective 1 July 2016:

A.   the annual Councillor fee be set at $18,840; and

B.   the annual Mayoral fee to be set at $41,090, in addition to the Councillor fee.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

A1

Local Government Remuneration Tribunal - Annual Report and Determination - 29 March 2016

2016/158812

APPENDIX No: 1 - Local Government Remuneration Tribunal - Annual Report and Determination - 29 March 2016

Item No: GB.2

Ordinary Meeting of Council - 28 June 2016

GB.3 / 49

Item GB.3

S05273

17 June 2016

purpose of report:

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

background:

Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

comments:

The net return on investments for the financial year to May 2016 was $3,712,000 against a revised budget of $3,461,000 giving a YTD favourable variance of $251,000.

recommendation:

That the summary of investments performance for May 2016 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted. 

Recommendation:

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

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1

Investments definitions specific to Council’s investment portfolio

2016/124274

APPENDIX No: 1 - Investments definitions specific to Council’s investment portfolio

Item No: GB.3

Ordinary Meeting of Council - 28 June 2016

GB.4 / 58

Item GB.4

DA0073/16

14 June 2016

Report title:

17 Ancona Road & 25 Trentino Road, Turramurra - boundary adjustment between two lots and associated site works - DA0073/16

ITEM/AGENDA NO:

GB.4

Application No:

DA0073/16

Property Details:

17 Ancona Road and 25 Trentino Road, Turramurra

Lot & DP No:      134 & 135 DP 623002

Site area (m²):    4043.9m²

Zoning: R2

Ward:

Wahroonga

Proposal/Purpose:

Boundary adjustment between 17 Ancona Road and 25 Trentino Road, Turramurra including associated site works

Type of Consent:

Local

Applicant:

Glendinning Minto & Associates Pty Ltd

Owner:

M Webster & E Vickery

Date Lodged:

19 February 2016

Recommendation:

Approval

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Applications are assessed in accordance with State and local plans

Assessments are of a high quality, accurate and consider all relevant legislative requirements

19 February 2016

Application lodged.

26 February 2016

The application was notified to owners of neighbouring properties for a period of 30 days.

18 May 2016

A letter was sent to the applicant seeking additional information.

30 May 2016

Amended plans received.

20A.2 Subdivision and site consolidation of a heritage item

Complies

1 Subdivision of a Heritage Item will only be supported where:

i) the subdivision does not adversely affect the cultural significance of the Heritage Item; ii) evidence of the historical setting, landscape and subdivision pattern can be recognised and/or retained.

Yes

Yes

2 Subdivision or consolidation will not generally be permitted where the curtilage and setting of a Heritage Item and significant buildings within or adjoining the site, would be compromised.

Note: Applications for subdivision and site consolidation of a Heritage Item will require a curtilage analysis within the Heritage Impact Statement with particular emphasis on the potential impact on garden settings

Yes

Partial demolition of a heritage item

Complies

3. In considering applications for partial demolition of a Heritage Item (including parts of a building and other structures, trees and landscape features), Council will assess:

i)       the significance of the building part or structure and/or landscape features and whether its retention is considered necessary;

ii)              its contribution to the significance of the Heritage Item as a whole; and

iii)     whether all alternatives to demolition have been considered with reasons provided as to why the alternatives are not acceptable.

Yes

Yes

No

Archival recordings

Complies

4. If development consent is granted for demolition of whole or part or all of a Heritage Item, Council may require an archival and photographic record of the building and grounds (in accordance with the NSW Heritage Branch guidelines) before and during works.

No

Height of buildings:  Max 9.5m

Lot 1: 8.96m

Lot 2: 9m

YES

YES

Floor space ratio (FSR):  0.3:1

Lot 1: 0.1:1

Lot 2: 0.096:1

YES

YES

Minimum subdivision lot size: 930sqm

Lot 1: 1861sqm

Lot 2: 2183sqm

YES

YES

Part 2 Site Analysis 

Development applications are to contain a site analysis

Provided

Yes

Part 3 land Consolidation and Subdivision

3A – General Controls for Consolidation and Subdivision

3A.1 Lot Shape, Orientation and Design

Lot shape to support development permitted by zoning and be consistent with the subdivision pattern of the surrounding area

The repositioning of the common boundary between the two properties is representative of the subdivision pattern and an overall improvement to 25 Trentino Road.

Yes

3A.3 Building Footprint

Building footprint to be provided to each lot in accordance with the prescribed setbacks and retaining significant vegetation

Both building footprints to remain; position of existing dwellings to common boundary in accordance with the requirements of DCP

Yes

3A.4 Trees and Vegetation

Subdivision to facilitate the retention of significant trees and vegetation

Boundary adjustment and associated site works allow for the retention of significant trees on site.

Yes

3A.5 Access

Each lot is to be provided with vehicular access

Existing lot access arrangements to be maintained.

Yes

3A.6 Infrastructure

Each lot is to be serviced

Existing services to each lot to be maintained.

Yes

Part 4 Dwelling Houses

4A – Site Design

4A.1 Local Character and Streetscape

Visual Character

-   Design components are based on existing predominant visual character of the local neighbourhood

-   Consideration to be given to visibility of on site development and relationship to scale, layout and character of streetscape

Visual character contributions made by both properties to the streetscape retained and enhanced by boundary adjustment.

Yes

4A.2 Building Setbacks

Building Line (Front Setback)

Two storey

Low side – 9m (11m average)

High side – 12m (14m average)

75% front elevation average setback

Both Lot 1 and 2 existing street setbacks to remain unaltered from existing.

Yes

Building Line (Rear Setbacks)

-   12 minimum for depths >48m

-   25% of average of site depth is <48m

Both Lot 1 and 2 existing  rear setbacks boundaries to remain unaltered

Yes

Building Line (Side Setbacks)

<20m width

-     1.5m single storey elements

-     2m two storey

<20m width

-     9% of site width (single storey)

-     12% of site width (double storey)

Secondary street frontage

3.8m minimum, 4.5m average

The existing dwellings on Lot 1 and 2 to the modified common side boundary exceed the minimum side setback prescribed by the DCP. All other setbacks to remain as existing.

Yes

4A.3 Built-Upon Area

Max BUA for each Lot 50%

Lot 1: 15%

Lot 2: 17%

Yes

4A.4 Landscaping

Tree replenishment

See comments of Council’s landscape assessment officer

Yes

4B – Access and Parking

4B.1 Vehicle Access

Driveways

-   <18m frontage 1 driveway

-   3.5m crossing

-   Driveways designed in accordance with AS 2890.1 (2004) Off Street Car Parking

Lot 1 and 2 – no change to existing

Yes

4B.2 Car Parking Provision

-   2 on-site parking spaces

-   Open carport 2.7 x 5.4m

-   Unobstructed garage 3.0 x 5.4m

-   Double 5.4 x 5.4m

Lot 1 and 2 – no change to existing

Yes

4B.3 Carports and Garages

-   2 spaces behind building line

-   Works should not prevent ability to provide 2 spaces behind building line

-   Width <6m as viewed from street

-   Detached carports single storey, set back 0.6m from side and rear boundaries

-   Detached garage, single storey set back 1.5 (from side/rear boundaries

Lot 1 and 2 – no change to existing

Yes

4C – Building Design and Sustainability

4C.1 Building Envelopes

-   2 storeys

-   9.5m height

-   3.5m @45°

Lot 1 and 2 – no change to existing

Yes

4C.2 Building facades

-   Unrelieved wall length <12m

-   Unrelieved wall length (4m high) <8m

Lot 1 and 2 – no change to existing

Yes

4C.3 First Floor Design and Roof Forms

First floor design

-   Upper levels stepped back

Attic rooms

-   Avoid increasing bulk, undue overshadowing, significant loss of views excessive scale and bulk

-   Windows respect privacy of neighbours

-   Retain streetscape appearance 

Lot 1 and 2 – no change to existing

Yes

Roof line

-   Minimise bulk and overshadowing by selection of material, colour and roof pitch, low angled pitched roofs, inclusion of habitable rooms within roof space

Lot 1 and 2 – no change to existing

Yes

Clerestory windows and skylights

-   Sympathetic to overall design of dwelling and streetscape

Gables

-   0.2m below main roof ridge

-   <40% of gable wall and <20% of face of roof or slope for gable window

Dormers

-   0.2m below main roof ridge

-   not extend beyond external wall

-   set back from sides of roof by minimum 0.5m

Lot 1 and 2 – no change to existing

Yes

4C.4 Private Open Space

-   Min depth 5m and area of 50m²

-   At least one north facing area

Lot 1 and 2 >50sqm at 5m dimensions

Yes

4C.5 Solar Access

-   4hrs between 9am – 3pm on June 22 to north facing windows and all living areas and POS

-   To neighbouring properties and dwelling itself

-   Where existing non-compliance reduction limited to 20%

Lot 1 and 2 – no change to existing

Yes

4C.6 Natural Ventilation

-   Buildings designed to incorporate natural cross ventilation

Lot 1 and 2 – no change to existing

Yes

4C.8 Fencing

Side and rear fences

-   1.2m with front setback

-   1.8m

1.2m high palisade fence on the proposed common boundary

Yes

4C.9 Waste Management

-   All waste recycling storage containers stored on site

-   Located at rear of site a min 3m from openable windows

Lot 1 and 2 existing arrangements satisfactory

Yes

Part 22 General Site Design

22.1 Earthworks and Slope

-   Buildings should be stepped down a site

-   Finished floor level as close to existing ground level as possible

-   Landscape cut and fill <600mm

-   0.6m width between retaining walls

-   Cut and fill within building footprint max 1.0m maximum level difference 1.8m

-   Retaining walls max height 1.0m

Earthworks associated with the demolition of the tennis court and subsequent regrading of the site for landscaping within tolerances of DCP, works reinstate natural slope of land

Yes

22.2 Landscape Design

-   Site planning and design must retain and enhance vegetation and biodiversity corridors.

Landscape plan associated with the site works retains significant trees and enhances the landscape setting

Yes

Recommendation:

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

THAT the Council, as the consent authority, grant development consent to DA0073/16 for a boundary adjustment between 25 Trentino Road and 17 Ancona Road, the demolition of the existing tennis court on 17 Ancona Road and landscaping works, including construction of a new gazebo on land at 25 Trentino Road and 17 Ancona Road, Turramurra for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1.     Approved architectural plans and documentation

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.     No demolition of extra fabric

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

Reason:    To ensure compliance with the development consent.

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

4.     Asbestos works

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

Reason:         To ensure public safety

5.     Notice of commencement

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

Reason:    Statutory requirement.

6.     Notification of builder’s details

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

Reason:         Statutory requirement.

7.     Photographic archival recording

Prior to any works commencing, an archival recording of the tennis court, paths and garden elements proposed to be removed is provided. 

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

8.     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.

9.     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.

10.   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.

11.   Tree protection - avoiding soil compaction

To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) beneath the canopy of the following tree/s is/are installed:

Reason:         To protect existing trees during the construction phase.

12.   Trunk protection

To preserve the following tree/s, no work shall commence until the trunk/s are protected by the placement of 2.0 metres lengths of 50 x 100mm hardwood timbers spaced at 150mm centres and secured by 2mm wire at 300mm wide spacing over suitable protective padding material.  The trunk protection shall be maintained intact until the completion of all work on site. 

Any damage to the tree/s shall be treated immediately by an experienced Horticulturist/Arborist, with minimum qualification of Horticulture Certificate or Tree Surgery Certificate and a report detailing the works carried out shall be submitted to the Principal Certifying Authority:

Reason:         To protect existing trees during the construction phase.

13.   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.

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

14.   Amendments to approved landscape plan

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

The following changes are required to the Landscape Plan:

1.   The existing northern pedestrian path within the property at 17 Ancona Road is to be modified to provide access to Ancona Road.

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

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

Reason:    To ensure adequate landscaping of the site

15.   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.

16.   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.

17.   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.

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

18.   Infrastructure restorations fee

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

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

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

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

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

e)      In this condition:

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

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

Reason:    To maintain public infrastructure.

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

19.   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.

20.   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.

21.     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.

22.   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.

23.   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.

24.   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.

25.   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.

26.   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.

27.   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.

28.   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.

29.   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.

30.   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.

31.   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.

32.   Drainage to existing system

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

Reason:         To protect the environment.

33.   Sydney Water Section 73 Compliance Certificate

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

Reason:         Statutory requirement.

34.   Project arborist

A suitably qualified project arborist (AQF level 5) is to be engaged to advise the Principal Certifying Authority on the protection of trees at the site and to supervise the installation and maintenance of tree protection measures required by this consent.

Prior to the commencement of any works including demolition on the site in areas required to be protected by this consent, the project arborist shall inspect the site and satisfy himself/herself that the protection measures  are in accordance with the approved design and must provide a written certification to the Principal Certifying Authority to that effect.

If not satisfied, the project arborist must provide to the Principal Certifying Authority a list of works that are to be completed to ensure compliance with all conditions of consent relating to the protection of trees at the site. Those works must be undertaken to the satisfaction of the project arborist.

Reason: To ensure protection of existing trees 

35.   Arborist’s report

All trees to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 and recommendations in Arboricultural Impact Assessment prepared by Tristan Bradshaw dated 3/02/16, during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required during all works within the canopy spread of all existing trees on site and overhanging from adjoining sites, including date, brief description of the works inspected, and any mitigation works prescribed. 

All monitoring shall be provided to the Principal Certifying Authority prior to issue of the Occupation Certificate.

·     All works as recommended by the project arborist are to be undertaken by an experienced arborist with a minimum AQF Level 3 qualification.  

Reason:    To ensure protection of existing trees.

36.   Canopy/root pruning

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

Reason:    To protect the environment.

37.   Treatment of tree roots

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

Reason:         To protect existing trees.

38.   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.

39.   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.

40.   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.

41.   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.

42.   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:

43.   Completion of landscape works

Prior to the release of the Subdivision 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.

44.   Completion of tree works

Prior to the release of the Subdivision Certificate, the Principal Certifying Authority is to be satisfied that all tree works, including pruning in accordance with AS4373-2007 or remediation works in accordance with AS4370-2009, have been undertaken in accordance with the approved plan(s) and conditions of consent.

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

45.   Infrastructure repair

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

Reason:         To protect public infrastructure.

Conditions to be satisfied prior to the issue of a Subdivision certificate:

46.   Sydney Water Section 73 Compliance Certificate

Prior to release of the linen plan/issue of the subdivision certificate, the Section 73 Sydney Water compliance certificate which refers to the subdivision application must be obtained and submitted to the Council.

Reason:    Statutory requirement.

47.   Submission of 88b instrument

Prior to the issue of the Subdivision Certificate, the applicant must submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies to Council. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the burdens.

Reason:         To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.

48.   Submission of plans of subdivision (Torrens title)

For endorsement of the subdivision certificate, the applicant shall submit an original plan of subdivision plus 6 copies, suitable for endorsement by Council. The following details must be submitted with the plan of subdivision and its copies:

a)         the endorsement fee current a the time of lodgement

b)         the 88B instrument plus 6 copies

c)         a copy of the Final Certificate issued for DA0073/16

d)         all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent

e)         The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees. Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.

Reason:         Statutory requirement.

49.   General easement/R.O.W. provision and certification

Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.  Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required, then proof to this effect must be submitted to the Principal Certifying Authority.

Reason:         To ensure that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.

Adam Richardson

Executive Assessment Officer

Richard Kinninmont

Team Leader - Development Assessment North

Corrie Swanepoel

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:

A1

Zoning map

2016/156707

A2

Location sketch

2016/156708

A3

Proposed boundary adjustment

2016/046719

A4

Proposed landscape plan

2016/046721

A5

Proposed cabana on 25 Trentino Road

2016/046724

APPENDIX No: 1 - Zoning map

Item No: GB.4

APPENDIX No: 2 - Location sketch

Item No: GB.4

APPENDIX No: 3 - Proposed boundary adjustment

Item No: GB.4

APPENDIX No: 4 - Proposed landscape plan

Item No: GB.4

APPENDIX No: 5 - Proposed cabana on 25 Trentino Road

Item No: GB.4

Ordinary Meeting of Council - 28 June 2016

GB.5 / 92

Item GB.5

DA0130/15

27 May 2016

Report title:

1089 Pacific Highway, Pymble - construct residential flat building comprising 13 units, including basement parking, landscaping and strata subdivision

ITEM/AGENDA NO:

GB.5

Application No:

DA130/15

Property Details:

1089 Pacific Highway, Pymble

Lot & DP No:      Lot 1 DP87096

Site area (m²):    1,107m²

Zoning:               R4 High Density Residential

Ward:

Wahroonga

Proposal/Purpose:

Construct residential flat building comprising 13 units, including basement parking, landscaping and strata subdivision

Type of Consent:

Local

Applicant:

Architecture Design Studio Pty Ltd

Owner:

Kys Properties

Date Lodged:

17 April 2015

Recommendation:

Approval

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Applications are assessed in accordance with State and local plans

Assessments are of high quality, accurate and consider all relevant legislative requirements

Issues

·     building height

·     minimum site requirements for residential flat building

·     land contamination – environmental management

·     setbacks to street frontages

·     driveway setback encroachment

·     basement setback encroachment

·     terrace setback encroachment

·     basement projection

·     location of communal open space

·     apartment mix

·     apartment sizes

·     apartment layout

·     visual privacy

Submissions

·     6 submissions to original application

·     1 submission to amended application 

Land & Environment Court

No

Recommendation

Approval

LEGISLATIVE REQUIREMENTS:

Zoning

R4 High Density Residential

Permissible under

Ku-ring-gai Local Environmental Plan 2015

Relevant legislation

·     State Environmental Planning Policy No. 55 – Remediation of Land

·     State Environmental Planning Policy 65 – Design Quality of Residential Flat Development, Residential Flat Design Code and draft SEPP 65 Amendment No. 3

·     State Environmental Planning Policy (Infrastructure) 2007

·     State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

·     Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River

·     Ku-ring-gai Local Environmental Plan 2015

Integrated Development

No

17 April 2015

DA lodged

28 April 2015

DA notified and advertised for 30 days

28 April 2015

DA referred to internal and external referral bodies

30 July 2015

Preliminary assessment letter issued to applicant raising the following issues to be addressed:

·     evidence of negotiations to acquire adjoining properties

·     building height

·     floor space ratio

·     building setbacks

·     building separation and visual privacy

·     top storey design and roof forms

·     heritage conservation

·     deep soil landscaping

·     basement design

·     impact on trees on adjoining land

·     land contamination

·     solar access to proposed apartments

·     communal open space

·     private open space

·     apartment depth and width

·     apartment mix and sizes

·     building entries

·     building facades

·     storage

·     external air clothes drying facilities

·     excavation and groundwater

·     impact of road noise on residential development

·     traffic and parking

·     water management

·     location of OSD pits and rainwater tank

·     waste management

·     landscaping

·     accuracy of photomontages

·     insufficient information

21 August 2015

Meeting held with applicant to discuss issues and conceptual amended plans.

25 September 2015

Amended draft architectural drawings submitted for feedback.

30 September 2015

Meeting held with applicant to discuss draft architectural drawings.

16 December 2015

Amended plans lodged, including the following modifications:

·     deletion of 6 units from development, (from 19 units to 13 units) increase in setbacks and reduction in FSR and height

·     subsequent modifications to landscaping, water management and parking arrangements

·     amended suite of drawings and technical reports

·     copies of correspondence to neighbouring properties detailing attempts to negotiate acquiring adjoining properties.

23 December 2015

Applicant confirms strata subdivision forms part of the DA.

14 January 2016

Amended plans referred to internal and external referral bodies.

15 January 2016

Amended plans notified and advertised for 30 days.

19 January 2016

Strata subdivision plans submitted.

5 April 2016

Further issues letter sent to applicant raising the following issues:

·     floor space ratio

·     private open space

·     fencing

·     air conditioning units

·     impact on Tree 1

·     BASIX certificate

·     environmental site management plan

·     impact of road noise on residential development

·     separate sanitary compartment

·     waste management

·     contamination and groundwater management.

12 April 2016

Amended draft architectural drawings submitted for feedback.

19 April 2016

Meeting held with applicant to discuss draft architectural drawings.

24 May 2016

Further amended plans submitted, including the following modifications:

·     deletion of a bedroom from Unit 2 and fixed open louvre system to common lobbies to comply with FSR

·     increase in size of private open space to Units 1, 8 and 12

·     1.8m privacy fence along northern boundary, no fencing proposed to street frontages

·     air-conditioning condenser units located within the designated area on the roof

·     relocation of underground rainwater tanks

·     additional contamination and groundwater information

·     amended suite of drawings and technical reports.

·     NJ & CR Allen

22 Bungalow Avenue, Pymble (7 Reservoir Road)

·     D Landers

7 Reservoir Road, Pymble

·     S & W Cho

1A Bannockburn Rd, Pymble

·     E Spencer

5 Reservoir Road, Pymble

·     A & J Robinson

21 Bannockburn Rd, Pymble

·     D Minus

acting on behalf residents of 1 Bannockburn Rd, Pymble

·     D Minus

acting on behalf residents of 1 Bannockburn Rd, Pymble