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)

Councillor D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Sigrid Banzer)

Project Leader (Dean Payne)

206

Apologies

File: S02194

Resolved:

(Moved: Councillors Anderson/McDonald)

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

The Mayor noted that Councillor Ossip had not yet arrived.

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

CARRIED UNANIMOUSLY

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

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

GB.4 Lindfield Village Green - Final Concept Design

Attachment A2:   JLL market report

In accordance with 10A2(c) and (d)(i)

Attachment A3:   Cost estimate

In accordance with 10A2(c), (d)(i) and (d)(ii)

Late Items:

MM.1 - Proposed Alternate Resolution to Amend the NSROC Constitution – Mayoral Minute by Mayor Councillor Cheryl Szatow dated 16 August 2016

Memorandums:

GB.5 – Lindfield Village Green Final Concept Design

Memorandum from Manager Urban & Heritage Planning dated 16 August 2016 advising large attachment has been circulated separately.

GB.5 – Lindfield Village Green – Final Concept Design – additional information

Memorandum from the Director Strategy & Environment dated 22 August 2016 with a map attached showing proposed future traffic upgrades for the road network within the vicinity of Lindfield Village Green.

GB.5 – Lindfield village Green – Final Concept Design – amendment to Part C of the Recommendation.

Memorandum from Director Strategy & Environment dated 23 August 2016 advising of a minor amendment to Part C of the Recommendation.

207

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 9 August 2016

Minutes numbered 185 to 205

Resolved:

(Moved: Councillors McDonald/Pettett)

That Minutes numbered 185 to 205 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting with a minor correction to the Declaration of Interest by Councillor McDonald in relation to Hornsby Ku-ring-gai Community Aged/Disabled Transport Service Inc. this declaration of interest should read:

Councillor McDonald declared a less than significant, non-pecuniary conflict of interest in respect to GB.4 – Hornsby Ku-ring-gai Community Aged/Disabled Transport Service Inc – Renewal of Licence, which is also present in the same building as GB.3 above. Councillor McDonald advised he would stay in the chamber during discussion and voting on this item.

CARRIED UNANIMOUSLY

208

Proposed Alternate Resolution to Amend the NSROC Constitution

File: CY00430/4

Vide: MM.1

Background

Over the last few months the Northern Sydney Regional Organisation of Councils (NSROC) Board has considered the options for the operation of NSROC in the context of the Local Government reform agenda, including the receipt of legal advice and weighing various options for the organisation over the coming year.

A component of that consideration has been potential amendments to the NSROC Constitution to alter the member representation on the Board in the event that councils are dissolved by amalgamation or otherwise.

The following points are relevant:

·     At its meeting on 5 May 2016, the NSROC Board resolved to take steps to amend the NSROC Constitution by way of changing the member representatives on the NSROC Board, to take effect in the event that councils are dissolved as part of the ‘Fit for the Future’ local government reform process. Such changes required an amendment to the NSROC Constitution;

·     Throughout May and June 2016 individual member councils considered the proposed Constitutional amendments required to give effect to the decision of 5 May 2016. In this regard, Ku-ring-gai Council, at its meeting of 14 June 2016, resolved:-

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.

·     On 7 July 2016 an Extraordinary Meeting of the NSROC Board was held to consider the proposed amendment to the NSROC Constitution. At that meeting the motion to amend the Constitution was lost.

·     At the NSROC Board meeting of 11 August 2016, the Board further considered the issue and resolved:-

To undertake appropriate actions to amend the NSROC Constitution so that in the event that current member councils are dissolved as a result of action under the Local Government Act 1993, an Administrator acting for newly constituted Councils will be able to nominate two representatives to populate the NSROC board.

·     The proposed amendment to the Constitution is to be heard at an Extraordinary meeting of the Board to be arranged as soon as possible, likely to be mid-September after 21 days’ notice is provided to members.

Discussion

The Reason for Amending the Constitution

This NSROC Constitution requires that the Governing Board of the organisation is populated by two ‘delegates’ from each Council, who must be the Mayor and a Councillor. Legal advice has been obtained which states that in the event that elected Councillors are not in place there would be no person qualified to sit on the Board in accordance with the wording of the Association’s Constitution. As a result, the operations of NSROC would be limited to matters already approved by a duly constituted Board (that is, approved before any proclamation to abolish councils is made) or able to be put into effect under delegated decision-making by staff or others such as General Managers.

The legal advice notes that a potential solution to this situation is that the NSROC Constitution be amended so that the Board could be populated by alternate delegates in the event that role of Mayors and Councillors are extinguished. At the NSROC Board meeting of 11 August 2016, the Board determined that, in the event that Councils are dissolved, the appropriate way forward would be for the Administrator of newly constituted councils to nominate two delegates to the Board.

The Proposed Constitutional Amendment

A summary of the proposed amendments are shown below in italic underline.

·     Amendments to Clause 4:

“4.      Membership

(i)         Membership of the Organisation shall be open to, but not restricted to, the following Councils:

a.       The Council of the Shire of Hornsby

b.       The Council of the Municipality of Hunters Hill

c.       The Council of the Municipality of Ku-ring-gai

d.       The Council of Lane Cove

e.       The Council of North Sydney

f.       The Council of the City of Ryde

g.       The Council of the City of Willoughby

h.         Any Council newly constituted by amalgamation or otherwise that includes any area formerly within the area of any of the above Councils.

ii)         If any existing member Council is dissolved, amalgamated or otherwise ceases to exist:

a.         the Council (whether newly formed or otherwise) that becomes the Council for any area within the existing member Council’s area automatically becomes a member of the Organisation upon becoming the Council for that area; and

b.         unless and until the new or continuing member Councils are constituted by elected Councillors, the representation in respect of such member Councils is to be determined in accordance with clause 5.vii) below.”

·     Amendments to Clause 5:

“5.      Representation

i)  A member Council will be represented on the Organisation as follows:

The Mayor and one other Councillor.

ii)    A member Council shall, at its first ordinary meeting after any Council election, appoint delegates from the Council membership to the Organisation, one of whom shall be the Mayor.  Each such delegate shall hold office until the appointment of a successor.

iii)   The office of delegate shall become vacant if the delegate:

a.       ceases to hold the office as a Councillor;

b.       resigns by letter addressed to the member Council; or

c.         is absent from three (3) consecutive meetings of the Organisation without having obtained leave of absence from the Organisation;

d.       is replaced by the member Council at any time.

iv)   Where the office of a delegate becomes vacant, the member Council concerned, at the first convenient ordinary meeting held after such vacancy occurs, should appoint another delegate.

v)    Where the Mayor of a Council is unable to attend a meeting of the Organisation, the Council may only be represented by the Acting Mayor for the purpose of being an alternative delegate.

vi)   Where any delegate, not being the Mayor, of a Council is unable to attend a meeting of the Organisation, the Council may be represented by another member of the Council duly appointed for the purpose of being an alternative delegate.

vii)  Despite clauses 5.i) to 5.vi) above, in the event that a member Council is not constituted by elected Councillors, and the functions of the Council are being undertaken by an Administrator, the representation in respect of such member Councils is to be determined by the Administrator of that Council who may nominate two (2) delegates to the Organisation to populate the Board.

The effect of the proposed amendments is:

•          Whilst ever the current councils remain in place, the current Board arrangements will prevail (i.e. the Board will be populated by the Mayor and one other Councillor from each member Council);

•          If councils are dissolved by proclamation, or there is no Mayor/Councillors holding office, an Administrator of a Council will be required to nominate two delegates to populate the Board; and

•          Once council elections are held, and new Mayor/Councillors are in place, the organisation will revert to the current Board selection arrangements (i.e. the Board will be populated by the Mayor and one other Councillor).

Resolved:

That Council endorse the proposed amendment to the Constitution of the Northern Sydney Regional Organisation of Councils (NSROC) and direct its representatives on the NSROC Board to support this decision at the upcoming Extraordinary NSROC Board meeting called to consider this matter.

CARRIED UNANIMOUSLY

209

Investment Report as at 31 July 2016

File: S05273

Vide: GB.1

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

Resolved:

(Moved: Councillors McDonald/Pettett)

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

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

CARRIED UNANIMOUSLY

210

Lindfield Village Green - Final Concept Design

File: S10654

Vide: GB.5

To present to Council the final concept plan for the Lindfield Village Green.

Resolved:

(Moved: Councillors McDonald/Berlioz)

That:

A.   Council adopts the final concept design for the Lindfield Village Green as presented in this report as the basis for preparing a development application for the project.

B.   The final design is made available to the public.

C.   That the General Manager be given delegation to grant Owner’s Consent for all necessary planning approval applications and associated documents.

CARRIED UNANIMOUSLY

211

Delivery Program 2013-2017 and Operational Plan 2015-2016 - Bi-annual Report

File: FY00382/8

Vide: GB.7

To report to Council on the progress of the Revised Delivery Program 2013-2017 and Operational Plan 2015-2016, for the period January to June 2016. 

Resolved:

(Moved: Councillors McDonald/Berlioz)

A.       That the report on the six (6) monthly progress review of the Revised Delivery Program, 2013-2017 and Operational Plan 2015/2016 for the period of January 2016 to June 2016 be received and noted.

B.       That 2015-2016 Tasks as listed in the report be carried over and included for completion in Council’s 2016-2017 Operational Plan.

CARRIED UNANIMOUSLY

212

10 Bobbin Head Road, Pymble - demolish existing structures and construct town-houses comprising 9 single attached dwellings with underground parking and associated landscaping

File: DA0567/15

Vide: GB.3

Demolish existing structures and construct town-houses comprising 9 single attached dwellings with underground parking and associated landscaping

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

D Prowse

Resolved:

(Moved: Councillors McDonald/Armstrong)

THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant development consent to DA0567/15 for the demolition of the  existing structures and construction of a town-house development comprising of 9 single attached dwellings with underground parking and associated landscaping at 10 Bobbin Head Road, Pymble for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions

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.  Amended architectural plans

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved plans listed in Condition 1 above 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:

(a)  The height of the side boundary fencing between the front boundary and front of the building must be a maximum 1.2m in height.

(b)  The paved areas adjacent to the courtyards of Dwellings 8 and 9 are to be removed and replaced with soft landscaping.

(c)  The visitor parking space at the rear of the basement is to be deleted and one of the residential parking spaces re-allocated as a visitor space.

(d)  The air conditioning units are to be re-located from the courtyards to the basement level.

(e)  A water outlet must be provided in the primary private open space of each dwelling.

(f)   Intercom access for visitors must be provided in a safe location within the driveway.

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.

4.  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.

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

5.  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

6.  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.

7.  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.

8.  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

(a)  Full road pavement width, including kerb and gutter, of Bobbin head Road over the site frontage, including the full intersection.

(b)  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.

9.  Archival recording of buildings

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

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

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

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

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

10.      Dilapidation survey and report (private property)

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

(a)  4-8 Bobbin Head Road, Pymble (northern side of front building)

(b)  12 Bobbin Head Road, Pymble

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

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

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

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

11.      Construction and traffic management plan

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

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

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

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

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

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

(a)  Demolition

(b)  Excavation

(c)  Concrete pour

(d)  Construction of vehicular crossing and reinstatement of footpath

(e)  Traffic control for vehicles reversing into or out of the site.

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

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.

12.      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.

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

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

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

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

13.      Sediment controls

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

The form of the sediment controls to be installed on the site shall be determined by reference to the 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.

14.      Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified 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.

15.      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.

16.      Tree protection signage

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

Tree protection zone

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

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

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

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

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

Reason:         To protect existing trees during the construction phase.

17.      Tree protection mulching

Prior to works commencing and throughout construction, the area of the tree protection zone is to be mulched to a depth of 100mm with composted organic material being 75% Eucalyptus leaf litter and 25% wood.

Reason:         To protect existing trees during the construction phase.

18.      Tree protection - avoiding soil compaction

To preserve 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.

19.      Tree fencing inspection

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

Reason:        To protect existing trees during the construction phase.

20.      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 Ku-ring-gai DCP Part 24.5, 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.

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

21.      Roof tiles

The proposed roof tiles are to be Marseille pattern tiles.

Reason:        To protect heritage items and heritage conservation areas.

22.      Noise and vibration management plan

Prior to commencement of any works the Principal Certifying Authority shall be satisfied that a noise and vibration management plan is prepared to ensure noise generated during excavation, demolition and construction phases is minimised and reasonable standards of amenity to neighbouring properties is provided.

Reason:        To ensure reasonable standards of amenity to neighbouring properties.

23.      Visitable dwellings

Plans demonstrating compliance with Council's visitable housing requirements contained within Part 23.1 of KDCP 2015 are to be submitted to the satisfaction of the Principal Certifying Authority, prior to issue of the Construction Certificate.

A visitable dwelling is a dwelling that can be accessed by people who use wheelchairs in that there must be at least one accessible entry and accessible path of travel to the living area and to a toilet that is either accessible or visitable as defined by AS 4299.

At least 70% of dwellings within the development must be visitable.

Reason:      To ensure equitable access.

24.      Amendments to approved landscape plan

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

The above landscape plan(s) shall be amended in the following ways:

(a)  The proposed stepping stone paving adjacent to the northern side of the proposed terrace is to be deleted and the area planted out with small ornamental shrubs, groundcovers and/or ornamental grasses.

(b)  Proposed courtyard fencing for Dwellings 1 & 2 within the eastern setback/site frontage shall be detailed to provide notation that the fencing is to be a metal open palisade style to a maximum height of 1.2m.

(c)  Notation is to be placed on plan that the proposed pedestrian path within a 6.0m radius of T4 is to be constructed on top of existing grade with no excavation.

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

25.      Long service levy

In accordance with Section 109F(i) of the Environmental Planning and Assessment Act a Construction Certificate shall not be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided to Council.

Reason:         Statutory requirement.

26.      Builder’s indemnity insurance

The applicant, builder, developer or person who does the work on this development, must arrange builder’s indemnity insurance and submit the certificate of insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Certifying Authority for endorsement of the plans accompanying the Construction Certificate.

It is the responsibility of the applicant, builder or developer to arrange the builder's indemnity insurance for residential building work over the value of $20,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $20,000, nor to work undertaken by persons holding an owner/builder's permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).

Reason:         Statutory requirement.

27.      Outdoor lighting

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

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

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

28.      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.

29.      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.

30.      Access for people with disabilities (residential)

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

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

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

31.      Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application, Dwelling No. 3, are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.

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

Reason:        Disabled access & amenity.

32.      Recycling and waste management

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

The responsibility for:

(a)  the cleaning of waste rooms and waste service compartments; and

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

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

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

Reason:         Environmental protection.

33.      Noise from road and rail (residential only)

Prior to the issue of the Construction Certificate, the Certifying Authority shall submit evidence to Council demonstrating that the development will be acoustically designed and constructed to ensure that the following LAeq levels are not exceeded:

(a)  in any bedroom in the building—35 dB(A) at any time between 10 pm and 7 am,

(b)  anywhere else in the building (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time.

Plans and specifications of the required acoustic design shall be prepared by a practicing acoustic engineer and shall be submitted to the Principal Certifying Authority.

Reason:         To minimise the impact of noise from the adjoining road or rail corridor on the occupants of the development.

34.      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.

35.      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.

36.      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:

(a)  vehicular access can be obtained using grades of 20% (1 in 5) maximum and

(b)  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.

37.      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:

(a)  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”

(b)  a clear height clearance of 2.6 metres is provided over the designated garbage collection truck manoeuvring areas within the basement

(c)  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

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

(e)  the visitor parking space located at the western end of the basement is to be deleted. A total of 3 visitor spaces are to be provided with one of the residential spaces being reallocated to a visitor space.

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

38.      Car parking allocation

Car parking within the development shall be allocated in the following way:

Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.

At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.

Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.

Reason:         To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with federal legislation.

39.      Number of bicycle spaces

The approved bicycle parking spaces in the basement shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.

Reason:         To provide alternative modes of transport to and from the site.

40.      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.

41.      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.

42.      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):

43.      Infrastructure damage security bond and inspection fee

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

(a)  All work or activity undertaken pursuant to this development consent 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 consent 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 damage security bond and infrastructure inspection fee must be paid to 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 damage security bond and infrastructure inspection fee, Council will undertake such inspections of Council Property as Council considers necessary and will 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 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 damage security bond payable pursuant to this condition.

(e)  In this condition:

a.  “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

b.  “Infrastructure damage security bond and infrastructure inspection fee” means the Infrastructure damage security bond and infrastructure inspection fee as 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.

44.      Section 94 development contributions - other than identified centres

This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows  (based on the March 2016 Quarter figures):

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

The contributions specified above are subject to indexation and may vary at the time of payment in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index.  Prior to payment, please contact Council directly to verify the current payable contributions.

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

Contributions outside the designated centres may be subject to a maximum contribution total in accordance with the s94E Direction issued by the Minister for Planning dated 21 August 2012, for so long as it remains legally in force.  If the total amount above is an exact multiple of $20,000 then the contributions calculated in accordance with Ku-ring-gai Contributions Plan 2010 exceeded the maximum contribution payable and have been capped.  If the process of inflation carries the contribution above over the maximum amount permitted by the s94E Direction prior to payment, the amount will be limited at time of receipt.  Please contact Council to verify the total contributions payable prior to payment.

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:

45.      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.

46.      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:

(a)  The work must be carried out in accordance with the requirements of the Building Code of Australia

(b)  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.

47.      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.

48.      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.

49.      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.

50.      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.

51.      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:

(a)  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

(b)  display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer

(c)  be durable and weatherproof

(d)  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

(e)  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.

52.      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:

(a)  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

(b)  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

(c)  all materials shall be stored or stockpiled at the best locations

(d)  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

(e)  all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust

(f)   all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays

(g)  gates shall be closed between vehicle movements and shall be fitted with shade cloth

(h)  cleaning of footpaths and roadways shall be carried out daily

Reason:         To protect the environment and amenity of surrounding properties.

53.      Post-construction dilapidation report

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

(a)  compare the post-construction dilapidation report with the pre-construction dilapidation report

(b)  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.

54.      Compliance with submitted geotechnical report

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

Geotechnical aspects of the development work, namely:

(a)  appropriate excavation method and vibration control

(b)  support and retention of excavated faces

(c)  hydro-geological considerations

must be undertaken in accordance with the recommendations of the Geotechnical report 2897-R1 dated February 2015 prepared by Asset Geotechnical. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Reason:         To ensure the safety and protection of property.

55.      Use of road or footpath

During excavation, demolition and construction phases, no building materials, plant or the like are to be stored on the road or footpath without written approval being obtained from Council beforehand.  The pathway shall be kept in a clean, tidy and safe condition during building operations.  Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.

Reason:         To ensure safety and amenity of the area.

56.      Guarding excavations

All excavation, demolition and construction works shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.

Reason:         To ensure public safety.

57.      Toilet facilities

During excavation, demolition and construction phases, toilet facilities are to be provided, on the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Reason:         Statutory requirement.

58.      Protection of public places

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

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

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

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

Reason:         To protect public places.

59.      Recycling of building material (general)

During demolition and construction, the Principal Certifying Authority shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.

Reason:         To facilitate recycling of materials.

60.      Construction signage

All construction signs must comply with the following requirements:

(a)  are not to cover any mechanical ventilation inlet or outlet vent

(b)  are not illuminated, self-illuminated or flashing at any time

(c)  are located wholly within a property where construction is being undertaken

(d)  refer only to the business(es) undertaking the construction and/or the site at which the construction is being undertaken

(e)  are restricted to one such sign per property

(f)   do not exceed 2.5m²

(g)  are removed within 14 days of the completion of all construction works

Reason:         To ensure compliance with Council's controls regarding signage.

61.      Maintenance period for works in public road

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

Reason:         To protect public infrastructure.

62.      Road reserve safety

All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.  Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

Reason:         To ensure safe public footways and roadways during construction.

63.      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.

64.      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.

65.      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.

66.      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.

67.      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.

68.      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.

69.      Approved tree works

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

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

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

70.      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.

71.      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.

72.      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.

73.      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.

74.      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:

(a)  ascertain the reduced level of the underside of the slab at the driveway entry,

(b)  certify that the level is not lower than the level shown on the approved DA plans; and

(c)  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.

(d)  This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab.

(e)  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.

75.      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.

(a)  Each docket is to be an official receipt from a facility authorised to accept the material type, for disposal or processing.

(b)  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:

76.      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.

77.      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. 687139M_02 have been complied with.

Reason:         Statutory requirement.

78.      Mechanical ventilation

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

(a)  The installation and performance of the mechanical systems complies with:

a.  The Building Code of Australia

b.  Australian Standard AS1668

c.  Australian Standard AS3666 where applicable

(b)  The mechanical ventilation system in isolation and in association with other mechanical ventilation equipment, when in operation will not be audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest adjoining boundary.

Note:              Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

Reason:         To protect the amenity of surrounding properties.

79.      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.

80.      Accessibility

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

(a)  the lift design and associated functions are compliant with AS 1735.12 & AS 1428.2

(b)  the level and direction of travel, both in lifts and lift lobbies, is audible and visible

(c)  the controls for lifts are accessible to all persons and control buttons and lettering are raised

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

(e)  the height of lettering on signage is in accordance with AS 1428.1 – 1993

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

Reason:         Disabled access & services.

81.      Retention and re-use positive covenant

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Ku-ring-gai DCP Part 25R.9.2). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:        To protect the environment.

82.      Certification of drainage works

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

(a)  the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans

(b)  the minimum retention and on-site detention storage volume requirements of BASIX and Ku-ring-gai DCP Part 25B.5 respectively, have been achieved

(c)  retained water is connected and available for use

(d)  all grates potentially accessible by children are secured

(e)  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

(f)   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.

83.      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:

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

(b)  gradients of drainage lines, materials and dimensions

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

(d)  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

(e)  the achieved storage volumes of the installed retention and detention storages and derivative calculations

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

(g)  the size of the orifice or control fitted to any on-site detention system

(h)  dimensions of the discharge control pit and access grates

(i)   the maximum depth of storage possible over the outlet control

(j)   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.

84.      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.

85.      OSD positive covenant/restriction

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Ku-ring-gai DCP Part 25R.9.1). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

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

Reason:         To protect the environment.

86.      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.

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

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

(a)  the as-constructed car park complies with the approved Construction Certificate plans

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

(c)  finished driveway gradients and transitions will not result in the scraping of the underside of cars

(d)  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

(e)  the vehicular headroom requirements of:

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

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

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

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

88.      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:

(a)  new concrete driveway crossing in accordance with levels and specifications issued by Council

(b)  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)

(c)  full repair and resealing of any road surface damaged during construction

(d)  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.

89.      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.

90.      Mechanical ventilation

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that all mechanical ventilation systems are installed in accordance with Part F4.5 of the Building Code of Australia and comply with Australian Standards AS1668.2 and AS3666 Microbial Control of Air Handling and Water Systems of Building.

Reason:         To ensure adequate levels of health and amenity to the occupants of the building.

91.      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:

92.      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.

93.      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.

94.      Car parking

At all times, the visitor car parking spaces are to be clearly identified and are to be for the exclusive use of visitors to the site. On site permanent car parking spaces are not to be used by those other than an occupant or tenant of the subject building. Any occupant, tenant, lessee or registered proprietor of the development site or part thereof shall not enter into an agreement to lease, license or transfer ownership of any car parking spaces to those other than an occupant, tenant or lessee of the building.

Reason:         To ensure adequate provision of visitor parking spaces.

95.      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.

96.      Unobstructed driveways and parking areas

At all times, all driveways and parking areas shall be unobstructed. Driveways and car spaces shall not be used for the manufacture, storage or display of goods, materials or any other equipment and shall be used solely for vehicular access and for the parking of vehicles associated with the use of the premises.

Reason:         To ensure safe traffic movement.

97.      Annual Fire Safety Statement

Each 12 months after the installation of essential fire or other safety measures, the owner of a building must cause the Council to be given an Annual Fire Safety Statement for the building. In addition a copy of the statement must be given to the NSW Fire Commissioner and a copy displayed prominently in the building.

Reason: To ensure statutory maintenance of essential fire safety measures.

CARRIED UNANIMOUSLY

213

85-87 Douglas Street, St Ives - Demolition of existing structures and Torrens Title subdivision of 2 lots into 5 lots

File: DA0376/15

Vide: GB.4

To determine Development Application No. DA0376/15 for demolition of existing structures and Torrens title subdivision of 2 lots into 5 lots.

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

D Beck

D Wong

Resolved:

(Moved: Councillors Berlioz/Armstrong)

That Council, as the consent authority, grant development consent to DA0376/15 for the demolition of existing structures and Torrens title subdivision of 2 lots into 5 lots on land at 85-87 Douglas Street, St Ives 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 (Torrens title subdivision)

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.     Indicative building footprints and driveways

No approval is granted for the indicative building footprints and driveways on each lot, with the exception of the length of the common access driveway enclosed in bold lines and titled "Proposed Right of Way shown shaded" on the approved Subdivision Plan (this area is to be part of Lot 2).

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

3.     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.

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

4.     Asbestos works

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

Reason:              To ensure public safety

5.     Notice of commencement

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

Reason:              Statutory requirement.

6.     Notification of builder’s details

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

Reason:              Statutory requirement.

7.     Dilapidation photos (public infrastructure)

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

·           The existing footpath

·           The existing kerb and gutter

·           The existing full road surface between kerbs

·           The existing verge area

·           The existing driveway and layback where to be retained

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

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

Reason:              To protect public infrastructure.

8.     Dilapidation survey and report (private property)

Prior to the commencement of works on the interallotment drainage system through the downstream properties, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:

The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members.

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

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

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

9.      Erosion and drainage management

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

Reason:              To preserve and enhance the natural environment.

10.   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.

11.   Tree protective fencing type galvanised mesh

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

Reason:           To protect existing trees during construction phase.

12.   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.

13.   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.

14.    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 demolition works on site. 

Any damage to the tree/s shall be treated immediately by an experienced AQF3 Horticulturist/Arborist and a report detailing the works carried out shall be submitted to the Principal Certifying Authority:

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.

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

16.   Submission of construction level drawings for subdivision works

Prior to the issue of the Construction Certificate, construction drawings are to be submitted for the following:

1.  New interallotment drainage pipe through 42 and 44 Flinders Avenue, including provision for overland flow and protection of existing services and structures.

2.  Stormwater drainage pits and pipes for each lot, including overland flow management for times of system blockage or infrequent extreme rain events.

3.  New driveway in the access handle.

4.  Pits and pipework, detention tank and water quality device for treatment of driveway runoff.

Design details along the southern boundary and at Pit P4 must show how overflows and surface flows from the upstream catchment are to be managed and controlled.  Refer Ku-ring-gai DCP Part 24R.6 for controls.

Reason:              To protect the environment.

17.   Drainage easement

Prior to the issue of the Construction Certificate, the certifying authority is to be provided with evidence that appropriate rights of easement exist to enable installation of the new interallotment drainage pipe within 42 and 44 Flinders Avenue.

Reason:              To protect the environment.

18.   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.

19.   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.

20.   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.

21.    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.

22.    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 Flinders Avenue:

·           Launch pit excavation in Flinders Avenue

·           Thrust boring of pipes in both directions as shown on Drawing SW01B, and construction of Pits P6 and P7.  All underground services are to be clearly marked on the plans.

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.

23.   Utility provider requirements

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

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

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

24.   Infrastructure damage security bond and inspection fee

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

(a)      All work or activity undertaken pursuant to this development consent 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 consent 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 damage security bond and infrastructure inspection fee must be paid to 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 damage security bond and infrastructure inspection fee, Council will undertake such inspections of Council Property as Council considers necessary and will 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 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 damage security bond 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 damage security bond and infrastructure inspection fee” means the Infrastructure damage security bond and infrastructure inspection fee as 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.

25.   Section 94 development contributions - other than identified centres

        (For DAs determined on or after 19 December 2010).

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

Infrastructure Type                                                                      Total

LGA Wide Local Recreational & Cultural                                                    $8,985.42

Northern Area Local Parks & Sporting Facilities                                     $66,126.54

Development Contributions Total                                          $75,111.96

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

The contributions specified above are subject to indexation and may vary at the time of payment in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index.  Prior to payment, please contact Council directly to verify the current payable contributions.

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

Contributions outside the designated centres may be subject to a maximum contribution total in accordance with the s94E Direction issued by the Minister for Planning dated 21 August 2012, for so long as it remains legally in force.  If the total amount above is an exact multiple of $20,000 then the contributions calculated in accordance with Ku-ring-gai Contributions Plan 2010 exceeded the maximum contribution payable and have been capped.  If the process of inflation carries the contribution above over the maximum amount permitted by the s94E Direction prior to payment, the amount will be limited at time of receipt.  Please contact Council to verify the total contributions payable prior to payment.

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:

26.   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.

27.   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.

28.    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.

29.   Internal subdivision works not to commence until interallotment drainage infrastructure is in place

Construction of the common access driveway and installation of drainage infrastructure within the site is not to commence until a suitable interallotment drainage system is installed and certified within the downstream properties and public roadway.

Prior to the commencement of works within the site the certifier is to be satisfied that plans for the interallotment drainage works have been prepared, the works have been completed, and engineer's certification and works-as-executed plans prepared.  A closed circuit television recording of the installed pipeline is to be undertaken and submitted to the certifier.

The pipe may be thrust bored along the existing line of pipes or installed in a new easement.  The existing connection(s) from 42 Flinders Avenue is not to be adversely affected by this work and if a new easement is required, this is to be registered as necessary.

Reason:              To provide for adequate disposal of runoff from the development site and to protect neighbouring properties.

30.   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.

31.   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.

32.   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.

33.   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.

34.    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.

35.   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.

36.   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.

37.   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.

38.   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.

39.   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.

40.   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.

41.   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.

42.   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.

43.   Approved tree works

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

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

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

44.   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.

45.   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/directional drilling methods.  Thrust boring shall be carried out at least 600mm beneath natural ground level, and any launch pits shall be located outside of the tree protection zone as specified by AS4970-2009, to minimise damage to tree/s root system:

Reason:              To protect existing trees.

46.   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.

47.   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.

48.   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 a Subdivision certificate:

49.   Easement drainage line construction

Prior to issue of the Subdivision Certificate, the Principal Certifying Authority shall be satisfied that the required interallotment drainage system has been installed and surveyed under the supervision of a designing engineer or equivalent professional.

Note:              At the completion of the interallotment works, the following must be submitted to the Principal Certifying Authority for approval:

·     details from the supervising engineer that that the as-constructed works comply with the approved interallotment design documentation

·     a full works as executed drawing of the as built interallotment drainage line (dimensions, grades, materials, invert levels) prepared by a registered surveyor, and details from the  surveyor that all drainage structures are along the line of existing pipes or wholly contained within a new registered drainage easement(s)

Reason:              To protect the environment.

50.   OSD positive covenant

Prior issue of the Subdivision Certificate, the applicant shall create a positive covenant and restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the Lots with the benefit of the right of way with the requirement to maintain the on-site stormwater detention tank in the driveway. The terms of the instruments are to be generally in accordance with the Council's "terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Part 24R.8 of Ku-ring-gai DCP). The location of the on-site detention tank is to be noted on the final plan of subdivision.

Reason:              To ensure maintenance of on site stormwater detention facilities.

51.   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.

52.   Requirements of public authorities for connection to services

Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority shall be satisfied that the applicant has complied with the requirements of any public authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, AGL, etc) in regard to the connection, relocation and/or adjustment of the services affected by the proposed subdivision. All costs related to the relocation, adjustment or support of services are the responsibility of the applicant.

Note:                   Details of compliance with the requirements of any relevant public authorities are to be submitted to the Principal Certifying Authority.

Reason:              To ensure that services are available to the allotments of land.

53.   Reinstatement of crossings

Prior to issue of the Subdivision Certificate, the principal Certifying Authority is to be satisfied that following works have been completed:

·           construction of the new common access driveway crossing and layback in accordance with the levels and specifications issued by Council

·           removal of all redundant driveway crossings, pipe crossing and/or kerb laybacks. Full reinstatement of these sections to footway, and/or turfed verge and/or kerb and gutter to the satisfaction of Council

·           reinstatement works match surrounding adjacent infrastructure with respect to marrying of levels and materials

·           any sections of damaged grass verge are to be replaced with a non-friable turf of native variety to match existing

·           any 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) has been repaired to the satisfaction of Council and at no cost to Council

Reason:              To protect public infrastructure and the streetscape.

54.   Construction of works in public road

Prior issue of the Subdivision Certificate all road, footpath and/or drainage works in the public road must be completed in full, inspected and approved by Council. The applicant’s designing engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved drawings.  This certification shall be provided prior to release of the linen plan/issue of the Subdivision Certificate. The completed works are to be approved by Council’s Development Engineer prior to release of the linen plan/issue of the Subdivision Certificate.

Reason:              To ensure completion of all road, footpath and/or drainage works in the public road.

55.   Infrastructure repair - subdivision works

Prior to issue of the Subdivision Certificate, any infrastructure within the road reserve along the frontage of the subject site or within close proximity, which has been damaged as a result of subdivision works, must be fully repaired to the satisfaction of Council’s Development Engineer and at no cost to Council.

Reason:              To protect public infrastructure.

56.   Provision of services

Prior to issue of the Subdivision Certificate, separate underground electricity, gas (if available) and phone or appropriate conduits for the same, must be provided to each allotment to the satisfaction of the utility provider. A suitably qualified and experienced engineer or surveyor is to provide certification that all new lots have ready underground access to the services of electricity, gas (if available) and phone. Alternatively, a letter from the relevant supply authorities stating the same may be submitted to satisfy this condition.

Reason:              Access to public utilities.

57.   Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied and an Occupation Certificate/ Final Certificate of Compliance has been issued by the Certifying Authority.

Reason:              To ensure that the development is completed prior to transfer of responsibility for the site and development to another person.

58.   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.

59.   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 Subdivision Plan is to incorporate the following - the land dedicated to the right of way (common access driveway enclosed in bold lines and titled "Proposed Right of Way shown shaded" on the approved Subdivision Plan) is to be part of Lot 2. 

The following details must be submitted with the plan of subdivision and its copies:

a)         the endorsement fee current at the time of lodgement

b)         the 88B instrument plus 6 copies

c)         a copy of the Occupation Certificate or Final Certificate of Compliance for the subdivision works (driveway and stormwater drainage)

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.

f)          Proof of payment of S94 contribution

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.

60.   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.

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

Against the Resolution:         Councillor Citer

214

Local Government NSW Annual Conference 2016 - Confirmation of Motions

File: S02046/9

Vide: GB.2

To confirm any motions that Council wishes to submit to the 2016 Local Government NSW Annual Conference.

Resolved:

(Moved: Councillors Szatow/Berlioz)

That Council submit the following 3 motions to the Local Government NSW Annual Conference:

1. Category: Governance/Civic Leadership

Heading or Title: Voluntary Mentoring Relationships between Councils – Technology and Innovation

Details of Issue: Councils are being urged to become more innovative - particularly technologically. Many Councils still rely on outmoded and inefficient ways of managing data, Development Applications, auditing processes, customer services, resident complaints, payroll, rates payments, environmental and sustainability programs and project needs analyses, for example. Partnering with another Council in a Mentor/Mentored relationship has the potential to deliver more efficient, higher quality services at the same time as facilitating an exchange of ideas, which in turn, would work towards stimulating the economies and broadening the scope of disadvantaged areas. Commonwealth grants funding would facilitate the purchase of advanced electronic equipment.

In the 21st century, as the electronic revolution exponentially accelerates growth opportunities for those who have the means and structures to support and cumulatively build on their expertise, there is the real likelihood that less advanced council areas will fall further and further behind. This will lead to fewer jobs, fewer opportunities and lower living standard in those areas, creating an Australia of disparate societies rather than a nationally cohesive Australian community. Local Councils, as the third tier of government and that which is closest to the people, has a unique opportunity to contribute to social cohesiveness and the advancement of knowledge. Knowledge sharing builds relationships and leads to what are often limited resources being freed up for community building projects and enterprises which will stimulate a local economy. In short, mentoring relationships between Councils such as described in the motion, have the advantage of stimulating innovation and providing more reliable, tested and flexible services at the local level. The beauty of incorporating the Council mentoring relationship model into a Commonwealth grants funding model is that it utilises and extends existing solutions, with outcomes which benefit both entities: the mentor, the mentored and, ultimately, the Commonwealth.

Motion or Proposed Solution: That more technologically advanced Councils, who use, for example, electronically advanced hardware and software computer programs and apps which provide swift and efficient pathways to service residents' needs, enter into voluntary mentoring relationships with less innovative Councils, assisted by Commonwealth Grants Funding. The focus is to utilise and extend existing solutions in collegiate ways, to the financial and social benefit of both entities: the mentor and the mentored and, ultimately, the Commonwealth.

2. Category: Economic

Heading or Title: Abolition of Rates Capping

Details of Issue: NSW Councils are disadvantaged because their rates are capped by the state government. This is patently unfair. NSW is the most populous state, and growing, yet Councils are hampered in their ability to deliver services and infantilised by forever having their rates set by the state. This causes uncertainty, stymies service delivery and increases workloads. It is an outmoded and cumbersome way of dealing with Councils. The Commonwealth Government should direct all state governments to abolish rates capping. NSW is the only state with a rates capping system, with Victoria and South Australia set to introduce a cap in 2016/17.

Rates capping is not consistent with the principles of democracy and accountability of local government. By imposing a rates cap an artificial constraint is placed on the planning and decision making by elected councils. Rates capping restricts the capacity of local councils to provide services and meet infrastructure needs required by the community. Rates capping also pressures councils to increase fees and charges to offset inadequacies in rates income, leading to pricing inequities in some cases. The Final Report of the NSW Independent Local Government Review Panel (October 2013) found that that rates capping has had significant unintended consequences, in particular: Unrealistic expectations in the community (and on the part of some councillors) that somehow rates should be contained indefinitely, even though other household expenditures are rising Excessive cuts in expenditure on infrastructure maintenance and renewal, leading to a mounting infrastructure backlog Under-utilisation of borrowing due (in part) to uncertainty that increases in rates needed to repay loans will be granted Reluctance to apply for Special Rate Variations (SRVs) even when clearly necessary, because exceeding the rate peg is considered politically risky, or because the process is seen as too complex and requiring a disproportionate effort for an uncertain gain. The NSW Independent Local Government Review Panel also note that the rates capping system is highly complex, is very costly relative to the benefits it delivers, impacts adversely on sound financial management and creates unwarranted political difficulties for councils that really can and should raise rates above the peg to meet genuine expenditure needs and ensure their long-term sustainability.

Motion or Proposed Solution: That a rating system for Local Government be levied uniformly, with Rates Capping to be abolished across Australia.

3. Category: Economic

Heading or Title: Extension of Existing Levies

Details of Issue: Levies, such as environmental levies, provide councils with significantly more resources to deliver a range of initiatives and programs that build more sustainable communities. The technical knowledge and specialist skills of staff hired under levy programs, and the partnerships activities that ensue with universities, Cooperative Research Centres (CRCs) and government agencies facilitate innovation in service delivery and foster leading practice in the management of issues for local communities. In addition, levies enable councils to leverage state and federal grants to further research and to deliver outcomes of value to the local community and to the wider Australian community.

As a case in point, Ku-ring-gai Council's Environmental Levy, in place since 2005, funds the annual delivery of $2.6 million of both nationally and locally important environmental initiatives within the Local Government Area (LGA) and to date has leveraged at least $9.35 million in federal and state grants to augment the delivery of the Levy program. Key environmental benefits of the Environmental Levy program are the reduction of urban impacts of stormwater on riparian zones, a reduction in potable water use, improvements to the condition of streams and creeks, regeneration of bushland and the control of dumping and encroachment into bushland and a reduction in Council's energy use and greenhouse gas emissions. In addition, the Levy program has played a vital role in building the capacity of the Ku-ring-gai community to take action on a range of local and national environmental issues and in doing so create a more sustainable future. The Environmental Levy funds or partly funds a number of staff who have technical knowledge and specialist skills in a range of disciplines, including bushfire management, catchment management, natural areas management, land use planning, community engagement, biodiversity and conservation management and environmental engineering. These staff not only deliver the Levy program but provide expert guidance and advice for a number of sections across Council, enhancing Council's overall service delivery. Through the Environmental Levy Council partners with a number of universities, the Cooperative Research Centre (CRC) for Water Sensitive Cities and a number of government agencies on research programs and on-ground projects, facilitating innovation in service delivery and leading practice in environmental management. For example, Council's climate change adaptation planning model has been adopted by the governments of China, Korea and France and the United Nations Economic and Social Development Program for the Asia Pacific region.

Motion or proposed solution: That Councils with existing levies in New South Wales be given the opportunity to extend these levies so that the good work they are doing is not curtailed by the proposal to "freeze" rating increases for the next four years.

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

Against the Resolution:         Councillors Pettett and Ossip

 .

215

Public exhibition submissions - Proposed closure of public pathway -
St Ives

File: S11074

Vide: GB.6

To update Council on submissions received on the proposed closure and relocation of the public pathway located between Newhaven Place and Link Road St Ives.

Resolved:

(Moved: Councillors Berlioz/Szatow)

A.   That Council acknowledges the submissions relevant to the closure and relocation of the pathway and submits a formal road closure application for the unnamed pathway between 10 and 12 Newhaven Place St Ives, to the Department of Primary Industries – Lands.

B.   That upon closure and issuance of the Certificate of Title for the unnamed pathway between 10 -12 Newhaven Place St Ives the land be classified as Operational Land.

C.   In the event a Development Application is submitted for the redevelopment of the properties 10 and 12 Newhaven Place St Ives, that Council provides owner’s consent to consider the integration of the pathway as part of the proposed redevelopment.

D.  The public pathway is to be retained or relocated and kept in Council ownership as per the resolution of 9 February 2016.

CARRIED UNANIMOUSLY

216

Killara Public School Road Safety

File: TM5/08

Vide: PT.1

‘We the undersigned, (one hundred and seventy two [172] signatures) electors of the City of
Ku-ring-gai, Parents and Staff of Killara Public School request that the significant traffic and road safety issues in the streets adjoining Killara Public School be addressed by Council, specifically:

1.             Better road signage and markings in the streets surrounding Killara Public School.

2.             Appropriate signage for the bus stop on Calvert Avenue and grates on the stormwater drain at the bus stop.

3.             Rectify the school crossing to meet safety standards.

4.             Rectify the school drop off zone to allow more than two cars to stop in the zone.

5.             Address the three (3) dangerous intersections along Spender Road, intersecting with Calvert Avenue, Norfolk and Warwick Streets.

6.             Increase surveillance/enforcement in school zone by Rangers and Police.

These urgent road safety measures are required to keep our primary school children and local community safe on the roads adjacent to Killara Public School.’

Resolved:

(Moved: Councillors Citer/Armstrong)

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

CARRIED UNANIMOUSLY

217

Angle Parking St Ives Village Green

File: S07533

Vide: QN.1

Question Without Notice from Councillor Christiane Berlioz.

At the Council meeting of 25 August 2015 a resolution was passed for a comparative study of 3 parking scenarios on Memorial Avenue and Cowan Road
St Ives with a report to come back to Council within the first quarter of 2016.

My understanding is that the comparative studies have been done. Is this correct?

When is the report Council expected to come to Council?

Answered by Director Strategy and Environment

The Director Strategy and Environment advised he would take the question on notice.

218

Consultation on Fencing of Sheldon Forest

File: S07967

Vide: QN.2

Question Without Notice from Councillor Elaine Malicki

Was there neighbour or any other, consultation on the fence along the Warragal Road frontage of Sheldon Forest, if not, why not?

If yes, why were Ward Councillors not consulted?

Answered by Director Operations

The Director Operations advised he would take the question on notice.

219

Cost to fence Sheldon Forest along Warragal Road

File: S07967

Vide: QN.3

Question Without Notice from Councillor Elaine Malicki

What was the cost of the fencing along the Warragal Road frontage to Sheldon Forest, and is any more fencing proposed in or around Sheldon Forest?

Answered by Director Operations

The Director Operations advised he would take the question on notice.

220

Line marking at Bi-Centennial Park and Pool Carpark

File: TM7/08

Vide: QN.4

Question Without Notice from Councillor David Armstrong

In regards to the line marking at the car park at Bicentennial Park and Aquatic Centre, are there any further development in relation to getting the funds to, and the time, to mark the lines in the carpark down there.

Answered by Director Operations

The Director Operations advised he would take the question on notice and check the delivery program.

221

Push Bike Etiquette

File: S02777/10

Vide: QN.5

Question Without Notice from Councillor Duncan McDonald

Can the General Manager, or the appropriate director, please inform the Roads and Traffic Authority (RMS) that along Mona Vale Road cyclists’ behaviour is increasingly attempting fate with the way they are riding. And again, there was an accident the other day, and I am worried that the way they are riding is causing more and more problems.

I am not sure how this can be addressed other than through this question.

Answered by Director Operations

The Director Operations advised he would take the question on notice and take it up with the RMS and possibly the police.

Ordinary Meeting of Council - 6 September 2016

GB.1 / 75

Item GB.1

S08172/4

5 July 2016

purpose of report:

For Council to approve an agreement with the Historic Houses Association of Australia Inc to manage Tulkiyan Heritage House, and for necessary works to be undertaken to enable Tulkiyan to be open to the public.

background:

Council resolved, on 5 April 2016, for staff to enter into negotiations with the Historic Houses Association of Australia Inc, (HHAA) for the management of Tulkiyan Heritage House, and that a report come back to Council containing building and management cost estimates for Tulkiyan.

comments:

Staff and the HHAA have discussed the management of Tulkiyan by the HHAA, and the HHAA has confirmed an interest in managing Tulkiyan for Council. A prerequisite for an agreement between Council and the HHAA is for adequate funding to be provided by Council for management fees and for Council to undertake essential building works to the house.

recommendation:

That Council approve an agreement with the HHAA for the management of Tulkiyan Heritage House, that necessary building works be undertaken to enable Tulkiyan to be open to the public, and that funds be identified for building works and annual management and maintenance costs for Tulkiyan.

Contractor

$ ex GST

Heritage Builder Essential Repairs (includes 15% additional contingency)

$26,424

Heritage Architect Supervision

$7,500

Emergency Exit Lighting

$12,000

Fire Safety/Extinguishers

$20,000

Electrical/Re-wiring

$35,000 

TOTAL ESTABLISHMENT COSTS

$100,924

Historic Houses Association

Annual fee

ex GST

Council contribution

Annual maintenance and other costs

ex GST

Staffing

$75,000

Major building maintenance

$25,000

Consultation with industry experts

$50,000

Minor building maintenance

$10,000

Equipment hire/event expenditure

$15,000

Security (included in current budget)

$1,200

Student scholarly research for Tulkiyan

$20,000

Technology (Internet/phone)

$1,500

Garden care and maintenance

$20,000

Cleaning and preventative conservation

$20,000

Management fees

$75,000

TOTAL p.a.

$275,000

Less absorbed by Historic Houses Assn.

$200,000

TOTAL HISTORIC HOUSES ASSN. FEES  per annum

$75,000

TOTAL COUNCIL COSTS  per annum.

$37,700

Recommendation:

A.   That Council approve an agreement up to ten (10) years with the Historic Houses Association of Australia for the management of Tulkiyan Heritage House.

B.   That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.

C.   That Council authorise the affixing of the Common Seal of Council to the contract Agreement.

D.   That Council approve additional funding of $100,924 for the necessary initial building works to be undertaken at Tulkiyan Heritage House.

E.   That the Historic Houses of Australia receive $75,000 pa (ex GST) as management fees for the management of Tulkiyan Heritage House.

F.   That Council approve an ongoing maintenance budget $37,700 pa for Tulkiyan Heritage House.

G.   That staff identify the amount of $100,924 for initial building works, and $112,700 for annual management and maintenance costs, in the September 2016 quarterly budget review.

Michael New

Property Officer Recreational Facilities

Mark Taylor

Manager Community & Recreation Services

Janice Bevan

Director Community

Ordinary Meeting of Council - 6 September 2016

GB.2 / 82

Item GB.2

S02090

6 July 2016

purpose of report:

To seek Council’s endorsement for the draft Community Consultation Policy 2016 and to place the draft policy on public exhibition.

background:

Council first introduced a Community Consultation Policy in 2001. The policy was further reviewed in 2008.

Minor alterations have been made to the 2008 policy reflecting a slight change in approach to community consultation.

comments:

The draft Community Consultation Policy 2016 has been developed according to Council’s practice of regular policy review to ensure the policy is current and reflects best practice in community in engagement.

recommendation:

That Council endorse the draft Community Consultation Policy 2016 and the draft policy be placed on public exhibition.

Recommendation:

A.   That Council endorse the draft Community Consultation Policy.

B.   That the draft Community Consultation Policy be placed on public exhibition and, that following the exhibition period, should any submissions be received, a report be brought back to Council for consideration.

William Adames

Community - Community Engagement Officer

Virginia Leafe

Manager Corporate Communications

Janice Bevan

Director Community

Attachments:

A1

Draft Community Consultation Policy

2016/235891

APPENDIX No: 1 - Draft Community Consultation Policy

Item No: GB.2

Ordinary Meeting of Council - 6 September 2016

GB.3 / 98

Item GB.3

S07349

8 August 2016

purpose of report:

To seek Council’s endorsement for the draft Media and Communications Community Policy 2016 and to place the draft policy on public exhibition.

background:

The draft Media and Communications Policy has been developed to ensure Ku-ring-gai Council is transparent, fair, consistent and timely in the way it communicates with the media, the public and other stakeholders. The media and communications policy complements other Council policies dealing with community.

comments:

The draft Media and Communications Policy provides an updated framework for Council to respond to media enquiries and communicate matters in the public interest. It outlines key expectations in the distribution of information to the media and other stakeholders. It also takes account of changing communications needs in the community and the media.

recommendation:

That Council adopt the draft That Council endorse the draft Media and Communications Policy 2016 and the draft policy be placed on public exhibition.

Recommendation:

A.   That Council endorse the draft Media and Communications Policy.

B.   That the draft Media and Communications Policy be placed on public exhibition and, that following the exhibition period, should any submissions be received, a report be brought back to Council for consideration.

Virginia Leafe

Manager Corporate Communications

Janice Bevan

Director Community

Attachments:

A1

Draft Media and Communications Policy

2016/235903

APPENDIX No: 1 - Draft Media and Communications Policy

Item No: GB.3

Ordinary Meeting of Council - 6 September 2016

GB.4 / 114

Item GB.4

S05650

17 August 2016

purpose of report:

To advise Council of the sponsorship requests received under Council’s Sponsorship Policy for 2016/2017, and for Council to approve all sponsorship requests over $5,000.

background:

Council sponsors public and private sector activities through direct funds and in-kind support according to the Sponsorship Policy.

In the 2016/17 financial year Council sponsored a number of organisations including Carols in the Park, Welcome Basket, the Ku-ring-gai Arts Society, the St Ives Food and Wine Festival and the Ku-ring-gai Chase Fun Run.

comments:

Council has recently undertaken an Expressions of Interest process inviting submissions for sponsorship proposals for 2016/2017.

A number of requests for sponsorship have been received and according to Council’s Sponsorship Policy all proposals over $5,000 are to be approved by Council.

recommendation:

That Council approve all sponsorship requests over $5,000 as outlined in this report.

RECOMMENDATION:

That Council approve all sponsorship requests over $5,000 as outlined in this report.

Virginia Leafe

Manager Corporate Communications

Janice Bevan

Director Community

Ordinary Meeting of Council - 6 September 2016

GB.5 / 118

Item GB.5

S05273

14 August 2016

purpose of report:

To report legal costs in relation to development control matters in the Land and Environment Court for year ended 30 June 2016.

background:

A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused.  An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders

comments:

For the financial year ended 30 June 2016, Council’s legal and associated payments in relation to the Land and Environment Court were $1,256,887. This compares with the annual revised budget of $1,195,350.

recommendation:

That the analysis of Land and Environment Court costs for the year ended 30 June 2016 be received and noted.

Financial year

Number of appeals received (whole year)

2011/2012

33

2012/2013

25

2013/2014

16

2014/2015

31

2015/2016

38

Recommendation:

That the analysis of Land and Environment Court costs for the year ended 30 June 2016 be received and noted.

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

Jamie Taylor

Corporate Lawyer

David Marshall

Director Corporate

Michael Miocic

Director Development & Regulation

Attachments:

A1

Individual Case Summary June 2016 - Land and Environment Court Costs

2016/236036

APPENDIX No: 1 - Individual Case Summary June 2016 - Land and Environment Court Costs

Item No: GB.5

Ordinary Meeting of Council - 6 September 2016

GB.6 / 134

Item GB.6

CY00212/8

16 August 2016

purpose of report:

To inform Councillors of the 16^th International Cities, Town Centres and Communities Conference being held in Launceston, Tasmania on 9-11 November 2016.

background:

The 16^th International Cities, Town Centres and Communities Conference features over 80 presentations from city planning, place making, economic development and innovation specialists. Presenters come from Australia, Europe, UK, New Zealand and USA.

comments:

The theme for this years’ conference is Future Places: Conflict in Harmony. The full program and registration brochure is attached (Attachment A1).

recommendation:

That any Councillors wishing to attend the 16^th International Cities, Town Centres and Communities Conference notify the General Manager by Friday 7^th October 2016.

Recommendation:

That any Councillors wishing to attend the 16th International Cities, Town Centres and Communities Conference notify the General Manager by Friday 7th October 2016.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

A1

16th International Cities, Town Centres and Communities Conference - Program and Registration Brochure

2016/223049

APPENDIX No: 1 - 16th International Cities, Town Centres and Communities Conference - Program and Registration Brochure

Item No: GB.6