Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillor C Szatow (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Acting Director Strategy & Environment (Ian Dreghorn)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Urban & Heritage Planning (Antony Fabbro)

Manager Records and Governance (Amber Moloney)

Community Volunteer Program Coordinator (Peter Clarke)

Minutes Secretary (Christine Dunand)

303

Apologies

File: S02194

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

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

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

That the apologies  for Councillors Armstrong and Citer be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

304

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

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

C.1         Ku-ring-gai Fitness & Aquatic Centre - Legal proceedings update

Attachment A1:    Without prejudice offer

Attachment A2:    Legal advice

In accordance with s10A(2)(g)

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

GB.10   Gordon Hub Master Plan - Update

Attachment A1: Coles letter dated 20 October 2016 and attachment

In accordance with s10A(2)(d)(i) and s10A(2)(d)(ii)

CARRIED UNANIMOUSLY

Late Councillors Information:

Road Naming – Lionel Price Road

Memorandum from Director Operations dated 21 November 2016 advising the proposed road name for proposed new road connecting Dumaresq Street and Moree Street Gordon.

305

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 8 November 2016

Minutes numbered 295 to 302

Resolved:

(Moved: Councillors McDonald/Pettett)

That Minutes numbered 295 to 302 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

306

Audit and Risk Committee Minutes

File: CY00458/4

Vide: GB.2

To provide Council with a copy of the Minutes from the meetings of the Audit and Risk Committee held in August 2016.

Resolved:

(Moved: Councillors McDonald/Szatow)

That Council receives and notes the report

CARRIED UNANIMOUSLY

307

2016 - 2017 Budget Review - 1st Quarter ended September 2016

File: S09112/5

Vide: GB.3

To inform Council of the results of the 1^st quarter budget review of 2016/17 and seek approval to adjust the annual budget based on the actual financial performance and trend for the period 1 July 2016 to 30 September 2016.     

Resolved:

(Moved: Councillors McDonald/Szatow)

That Council receive and note the September 2016 Quarterly Budget Review and adopt the recommended changes to the 2016/17 budget.

CARRIED UNANIMOUSLY

308

Investment Report as at 31 October 2016

File: S05273

Vide: GB.4

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

Resolved:

(Moved: Councillors McDonald/Malicki)

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

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

CARRIED UNANIMOUSLY

309

Analysis of Land and Environment Court Costs - 1st Quarter 2016 to 2017

File: S05273

Vide: GB.5

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

Resolved:

(Moved: Councillors McDonald/Szatow)

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

CARRIED UNANIMOUSLY

310

Christmas/New Year Recess Delegations 2016/2017

File: CY00259/8

Vide: GB.6

To grant appropriate Delegations during the Christmas/New Year recess period for 2016/2017.

Resolved:

(Moved: Councillors McDonald/Szatow)

A.       That the following Delegations of Authority be granted to the Mayor, Deputy Mayor and the General Manager for the Christmas/New Year recess period for 2016/2017 as follows;

1.       That the Mayor (Councillor Jennifer Anderson), the Deputy Mayor (Councillor David Ossip), and the General Manager (John McKee), be granted authority to exercise all powers, authorities, duties and functions of Council except those set out in Section 377 of the Local Government Act 1993 during the period 7 December 2016 to 6 February 2017, subject to the following conditions:

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

b.       Any such power, authority, duty or function shall only be exercised by the Mayor, Deputy Mayor and General Manager jointly where they are of the opinion that the exercise of any such power, authority, duty or function could not be deferred until the meeting of Council on 7 February 2017.

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

CARRIED UNANIMOUSLY

311

Update Report on the Development Contributions System

File: S06785/3

Vide: GB.9

The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system over the past six months and anticipated actions and highlights for the coming twelve months.

Resolved:

(Moved: Councillors McDonald/Szatow)

A.   That the update report on the development contributions system in Ku-ring-gai be received and noted.

B.   That Ku-ring-gai s94A Contributions Plan 2015 be amended as follows:

a)   to increase the cost threshold at which a Quantity Surveyors Report is technically required to $1.2 million;

b)   to permit the payment of s94A contributions by credit card in line with other similar amounts payable to Council for other purposes in the ordinary course of business on the same terms and in addition to current payment options;

c)   to remove references to the revoked s94E Directions and to accurately reflect the current s94E Direction published in the Government Gazette on 14 October 2016 as well as all current legislation;

d)   to specifically cross reference clause 25J of the Environmental Planning and Assessment Regulation 2000 within the two cost templates and to provide scope within the template to identify any works for which costs have been duly excluded from the total;

e)   to objectively review the wording and definitions of applicability of s94A for any scope for perceived lack of clarity, as well as correctly referencing the current s94E Direction and legislation; and

f)    correction of any other typographical errors that may be identified while implementing the text changes listed above.

C.   That the amended s94A contributions plan be placed on public exhibition as Draft Amendment One to Ku-ring-gai s94A Contributions Plan 2015 and be reported back to Council after the close of the exhibition period.

CARRIED UNANIMOUSLY

312

Correction to Schedule 5 of KLEP 2015

File: S10051

Vide: GB.11

For Council to consider amendments to Schedule 5 of the KLEP 2015 to correct erroneous heritage listings.

Resolved:

(Moved: Councillors McDonald/Szatow)

A.   That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to amend the Ku-ring-gai Local Environmental Plan 2015 to remove the following properties from Schedule 5:

·     36A and 36B Carlotta Avenue, Gordon (Lot B, DP 366349);

·     “Edelstein” 7 Grosvenor Street, Wahroonga (Lot D, DP 330058);

·     17 Bangalla Street, Warrawee (Lot 14, DP 14753);

·     14 Warrangi Street, Turramurra (Lot 2, DP 542710).

B.   That the Planning Proposal be submitted to the Department of Planning and Infrastructure for a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979.

C.   That Council request the plan-making delegation under Section 23 of the EP&A Act for this planning proposal.

D.   That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements.

E.   That a report be brought back to Council at the end of the exhibition processes.

CARRIED UNANIMOUSLY

313

Ku-ring-gai Fitness & Aquatic Centre - Legal proceedings update

File: S10420

Vide: C.1

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

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

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

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

(b)        is clearly identified in the advice, and

(c)        is fully discussed in that advice.

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

Report by Manager Strategic Projects dated 31 October 2016

Resolved:

(Moved: Councillors McDonald/Szatow)

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

CARRIED UNANIMOUSLY

314

DA0171/16 5 - 7 Eulbertie Avenue, Warrawee - demolition of existing structures and construction of 14 townhouses and basement car park

File: DA0171/16

Vide: GB.8

Demolition of existing structures and construction of 14 townhouses, basement car park and site landscaping works.

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

J Holmes

J Holmes (for M  and R  Abrahams)

A  Green

Resolved:

(Moved: Councillors Pettett/Malicki) 

THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant deferred development consent to DA0171/16 for the demolition of the  existing structures and construction of a townhouse development comprising of 14 dwellings with underground parking and associated landscaping at 5 – 7 Eulbertie Avenue, Warrawee for a period of two (2) years from the date on which the consent becomes operable.

Schedule A - Deferred commencement term – to be satisfied prior to the consent becoming operable

The following deferred commencement term must be complied with to the satisfaction of Council within 24 months of the date of issue this deferred commencement consent:

1.     Drainage easement (deferred commencement)

The applicant shall submit documentation from Land and Property Information that the property benefits from a registered drainage easement or easements over all downstream properties as far as the public drainage system. This consent will not operate until proof of registration of an easement(s) to and approved by Council’s Development Engineer.  This documentation must include evidence that the easement has been registered with NSW land and Property Information.

Reason:    To ensure that provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties.

Once the consent becomes operable, the conditions in Schedule B will apply. Upon written receipt from Council that the demonstrated condition in Schedule A has been satisfied, the following conditions will apply:

Schedule b – Conditions of development consent

1.     Approved architectural plans and documentation (new development)

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

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

2.     Inconsistency between documents

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

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

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

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

(c)      The driveway at the basement entry shall be a minimum width of 3.7m.

Reason:   To ensure consistency with the DCP.

4.     Approved landscape plans

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

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

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

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.     Nest boxes

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

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 <http://www.legislation.nsw.gov.au/viewtop/inforce/act+80+1974+first+0+N> issued by the Office of Environment and Heritage.

Reason:    To ensure protection of fauna species which could be potentially displaced by the removal of a trees/native vegetation.

7.     Fauna protection

Prior to works commencing and/or tree removal works a qualified ecologist shall investigate Tree 21 for fauna occupation. In accordance with appropriate licensing requirements the ecologist shall supervise the relocation of any fauna found within the trees approved for removal into installed nest boxes.

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence <http://www.environment.nsw.gov.au/wildlifelicences/ScientificResearchLicences.htm> under section 132C of the National Parks and Wildlife Act 1974 <http://www.legislation.nsw.gov.au/viewtop/inforce/act+80+1974+first+0+N> issued by the Office of Environment and Heritage.

Evidence of engagement of the qualified ecologist and the required licensing must be provided to the Private Certifying Authority with a copy to Council prior to the trees being removed.

Reason:    To ensure protection of fauna species.

8.     Tree identification

Prior to works commencing the existing trees shall be numbered in accordance with the arborists report and/or the approved plans.  Trees shall be clearly tagged with confirmation from the project arborist that all marked trees correspond with those shown on the approved plan.

Reason:    To protect existing trees during the construction phase.

9.     Tree protection plan

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

Reason:    To protect existing trees during the demolition and construction phase

10.   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.

11.   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.

12.   Dilapidation survey and report (public infrastructure)

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

Public infrastructure

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

·     All driveway crossings and laybacks opposite the subject site.

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

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

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

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

13.   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.

14.   Dilapidation survey and report (private property)

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

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

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

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

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

15.   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 an 12.5 metre long heavy rigid vehicle and 19 metre long articulated vehicle..

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

·        Demolition

·        Excavation

·        Concrete pour

·        Construction of vehicular crossing and reinstatement of footpath

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

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

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

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

16.   Work zone

If a works zone is proposed, 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.

17.   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.

18.   Erosion and drainage management

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

Reason:    To preserve and enhance the natural environment.

19.   Tree protection fencing

To preserve the following tree/s, no work shall commence until the tree protection zone 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 development work on site.

Reason:    To protect existing trees during the construction phase.

20.   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.

21.   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/No access

·     This fence has been installed to prevent damage to the tree/s and their growing environment both above and below ground

·     The name, address, and telephone number of the developer/builder and project arborist

Reason:    To protect existing trees during the construction phase.

22.   Tree protection measures inspection

Upon installation of the required tree protection measures, an inspection of the site by the project arborist and/or 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.

23.   Construction waste management plan

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s Waste Management controls in the Ku-ring-gai Development Control Plan.

The plan shall address all issues identified in DCP 40, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.

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

Reason:    To ensure appropriate management of construction waste.

24.   Noise and vibration management plan

Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority.  The management plan is to identify amelioration measures to achieve the best practice objectives of AS 2436-2010 and NSW Department of Environment and Climate Change Interim Construction Noise Guidelines. The report shall be prepared in consultation with any geotechnical report that itemises equipment to be used for excavation works.

The management plan shall address, but not be limited to, the following matters:

·     identification of the specific activities that will be carried out and associated noise sources

·     identification of all potentially affected sensitive receivers, including residences, churches, commercial premises, schools and properties containing noise sensitive equipment

·     the construction noise objective specified in the conditions of this consent

·     the construction vibration criteria specified in the conditions of this consent

·     determination of appropriate noise and vibration objectives for each identified sensitive receiver

·     noise and vibration monitoring, reporting and response procedures

·     assessment of potential noise and vibration from the proposed demolition, excavation and construction activities, including noise from construction vehicles and any traffic diversions

·     description of specific mitigation treatments, management methods and procedures that will be implemented to control noise and vibration during construction

·     construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency

·     procedures for notifying residents of construction activities that are likely to affect their amenity through noise and vibration

·     contingency plans to be implemented in the event of non-compliances and/or noise complaints

Reason:       To protect the amenity afforded to surrounding residents during the construction process.

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

25.   Basement excavation to be fully tanked

Prior to issue of the Construction Certificate, the PCA is to be satisfied that the basement has been designed as a fully tanked structure as per the requirement of Part 24 C.3(8) of the Ku-ring-gai DCP.

If groundwater is encountered, a referral to the NSW DPI Water is required, due to the need for construction dewatering which would require an aquifer interference approval. All requirements of NSW DPI Water are to be met during design, excavation and construction.

Reason:  To protect the environment.

26.   Project arborist

A project Arborist shall be commissioned prior to the release of the Construction Certificate to ensure all tree protection measures are carried out in accordance with the conditions of consent.

The project arborist shall have a minimum AQF Level 5 qualification with a minimum of 5 years experience. Details of the arborist including name, business name and contact details shall be provided to the Principal Certifying Authority with a copy to Council.

Reason:    To ensure the protection of existing trees

27.   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:

·     To minimise impacts on the heritage conservation area the Pittosporum revolutum  within the northern side boundary is be replaced with species that will provide a denser screen.

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

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

Reason:   To ensure adequate landscaping of the site.

28.   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.

29.   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.

30.   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.

31.   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.

32.   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.

33.   Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable dwelling within the development application,  dwellings 10 and 14, 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.

34.   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 within the canopy spread of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.

Alternatively if underground services must be located within the canopy spread of any protected tree/s the plan shall be endorsed by the project arborist outlining any tree protection measures required. A plan detailing the routes of these services and trees protected under Council’s Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason:    To ensure the protection of trees.

35.   Landscape plan

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that a landscape plan has been completed in accordance with Council’s DA Guide, relevant development control plans and the conditions of consent by a Landscape Architect or qualified Landscape Designer.

Note:                   The Landscape Plan must be submitted to the Principal Certifying Authority.

Reason:    To ensure adequate landscaping of the site.

36.   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.

37.   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.

38.   Basement car parking details

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

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

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

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

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

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

39.   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.

40.   Number of bicycle spaces

The basement car park shall be adapted to provide 5 bicycle spaces in accordance with the DCP. The bicycle parking spaces 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.

41.   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.

42.   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.

43.   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):

44.   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.

45.   Section 94 development contributions - other than identified centres

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

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

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

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

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:

46.   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.

47.   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.

48.   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.

49.   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 that the minimum number of visitable dwellings is provided within the development.

50.   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.

51.   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.

52.   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.

53.   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.

54.   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.

55.   Post-construction dilapidation report

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

·     compare the post-construction dilapidation report with the pre-construction dilapidation report

·     have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.

A copy of this report is to be forwarded to Council at the completion of the construction works.

Reason:    Management of records.

56.   Compliance with submitted geotechnical report

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

Geotechnical aspects of the development work, namely:

·   appropriate excavation method and vibration control

·   support and retention of excavated faces

·   hydro-geological considerations

must be undertaken in accordance with the recommendations of the Geotechnical Investigation Report prepared by JK Geotechnics dated 29 February 2016 and Groundwater Modelling Report prepared by JK Geotechnics dated 4 August 2016. 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.

57.   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.

58.   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.

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.   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.

61.   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.

62.   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.

63.   Sydney Water Section 73 Compliance Certificate

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

Reason:    Statutory requirement.

64.   Arborist’s report

The tree/s to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required at the following times or phases of work including date, brief description of the works inspected, and any mitigation works prescribed. 

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

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

Reason:    To ensure protection of existing trees.

65.   Treatment of tree roots

If tree roots and branches 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 AQF Level 3 qualification. All root and branch pruning works shall be undertaken as specified in AS 4373-2007 - Pruning of Amenity Trees.

Reason:    To protect existing trees.

66.   Cutting of tree roots

Tree roots of 50mm or greater in diameter located within the specified radius of the trunk/s of the following tree/s shall not be severed or injured in the process of any works during the construction period.  All root pruning works shall be undertaken by an experienced Arborist/Horticulturist, with a minimum AQF Level 3 qualification as specified in AS 4373-2007 - Pruning of Amenity Trees:

Reason:    To protect existing trees.

67.    Approved tree works

Prior to works commencing the following works shall be undertaken to the specified trees;

All trees are to be clearly tagged and identified as per the arborist report prior to the removal/pruning of any tree/s on site.

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

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

68.   Excavation near trees

No mechanical excavation shall be undertaken within the specified radius of the trunk/s of the following tree/s until root pruning is carried out by hand digging and/or air knife to a depth of 600 mm along the perimeter line of such works:

Reason:    To protect existing trees.

69.   Hand excavation for stormwater works

All excavation within the specified radius of the trunk/s of the following tree/s shall be carried out by hand digging and/or using an air knife.

Reason:    To protect existing trees.

70.   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.

71.   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.

72.   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.

73.   Survey and inspection of waste collection clearance and path of travel

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:

·     ascertain the reduced level of the underside of the slab at the driveway entry,

·     certify that the level is not lower than the level shown on the approved DA plans; and

·     certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area. This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab.

·     no work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.

At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area.  This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

Reason:    To ensure access will be available for Council’s contractors to collect waste from the collection point.

74.   On site retention of waste dockets

All demolition, excavation and construction waste dockets are to be retained on site, or at suitable location, in order to confirm which facility received materials generated from the site for recycling or disposal.

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

·     This information is to be made available at the request of an Authorised Officer of Council.

Reason:   To protect the environment.

Conditions to be satisfied prior to the issue of an Occupation Certificate:

75.   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.

76.   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. 715243M_02 have been complied with.

Reason:    Statutory requirement.

77.   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.

78.   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.

79.   Certification of drainage works

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

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

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

·     retained water is connected and available for use

·     all grates potentially accessible by children are secured

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

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

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

Reason:    To protect the environment.

80.   WAE plans for stormwater management and disposal

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

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

·   gradients of drainage lines, materials and dimensions

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

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

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

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

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

·   dimensions of the discharge control pit and access grates

·   the maximum depth of storage possible over the outlet control

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

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

Reason:    To protect the environment.

81.   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.

82.   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.

83.   Easement drainage line construction

Prior to issue of the Occupation 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 wholly contained within existing drainage easement(s)

Reason:    To protect the environment.

84.   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.

85.   Reinstatement of redundant crossings and completion of infrastructure works

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:

·     new concrete driveway crossing in accordance with levels and specifications issued by Council

·     removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials)

·     full repair and resealing of any road surface damaged during construction

·     full replacement of damaged sections of grass verge to match existing

This inspection may not be carried out by the Private Certifier because restoration of Council property outside the boundary of the site is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.

All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.

Reason:    To protect the streetscape.

86.   Infrastructure repair

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

Reason:    To protect public infrastructure.

87.   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.

88.   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:

89.   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.

90.   Noise control – plant and machinery

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

Reason:    To protect the amenity of surrounding residents.

91.   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

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

(Moved: Councillors Malicki/McDonald)

A.      That the matter be deferred for a site inspection.

B.     That the matter be determined under delegation by the Mayor, Deputy Mayor, General Manager and Ward Councillors.

315

Taldumande Youth Services 2017 Charity Dinner

File: CY00043/8

Vide: GB.7

To inform Councillors of the Taldumande Youth Services 2017 Charity Dinner being held on 22 March 2017 at Luna Park, Sydney.

Resolved:

(Moved: Councillor Anderson/Fornari-Orsmond)

That Councillors notify the General Manager if they wish to purchase a ticket to attend the 2017 Taldumande Youth Services Charity Dinner.

For the Resolution:                The Mayor, Councillor Anderson, Councillors , McDonald, Fornari-Orsmond and Ossip

Against the Resolution:         Councillors Pettett, Malicki, Berlioz and Szatow

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Resolution

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

(Moved: Councillors Malicki/Pettett)

That Council does not purchase tickets for the 2017 Taldumande Youth Services 2017 Charity Dinner.

For the Motion:                      Councillors Pettett, Malicki, Berlioz and Szatow

Against the Motion:                The Mayor, Councillor Anderson, Councillors McDonald, Fornari-Orsmond and Ossip

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST the Motion

316

Gordon Hub Master Plan - Update

File: S10376

Vide: GB.10

To seek Council approval to re-commence the master planning process for a Cultural Hub in Gordon.

Resolved:

(Moved: Councillors Fornari-Orsmond/Ossip)

That:

A.   Council resolves to re-commence the master planning process for Cultural Hub in Gordon.

B.   Council prepare illustrative master plan options for public exhibition in the first half of 2017.

C.   That following public exhibition of the master plan options the results are reported to Council recommending a preferred option.

D.   A Planning Proposal is to be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to reclassify Lot A in DP355615 and Lots C and D in DP 386283, known as 9, 15 & 17 Dumaresq Street, Gordon from Community land to Operational land.

E.   Council formally seeks to discharge all necessary interests for Lot A in DP 355615 and Lots C and D in DP 386283, known as 9, 15 & 17 Dumaresq Street, Gordon.

F.   The Planning Proposal be submitted to the Department of Planning and Environment for a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979.

G.   Upon receipt of the Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements.

H.   Council undertakes a public hearing under the provisions of the Local Government Act, 1993 for the proposed reclassification of Lot A in DP355615 and Lots C and D in DP 386283, known as 9, 15 and 17 Dumaresq Street, Gordon from Community land to Operational Land.  

I.    A report is to be brought back to Council at the end of the exhibition and public hearing process. 

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

Against the Resolution:         Councillors Malicki, Berlioz and Szatow

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

(Moved: Councillors Szatow/Berlioz)

That:

A.   Council resolves to re-commence the master planning process for Cultural Hub in Gordon involving local residents.

B.   Council prepare illustrative master plan options for public exhibition in the first half of 2017.

C.   A further report outlining the options be brought back to Council prior to the exhibition period in part B above.

D.   Until the illustrative master plan options have been reported to Council and ratified, Council does not reclassify Lot A in DP355615 and Lots C and D in DP 386283, known as 9, 15 & 17 Dumaresq Street, Gordon from Community land to Operational land.

E.   Council does not sell of any of our assets in order to fund a cultural hub in Gordon.

F.   A tour of cultural and civic facilities around Sydney be organised for Councillors.

For the Amendment:             Councillors McDonald, Malicki, Berlioz and Szatow

Against the Amendment:       The Mayor, Councillor Anderson, Councillors Pettett, Fornari-Orsmond and Ossip

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST the Amendment

During debate Councillors Fornari-Orsmond/Ossip moved

that the Motion be Put

as there had been 2 speakers For and 2 Against

which was carried UNANIMOUSLY

317

2016 Ku-ring-gai Community Grants Program

File: FY00430/8

Vide: GB.1

To advise Council of applications received from community groups for the 2016 Ku-ring-gai Community Grants program, and to recommend subsequent funding allocations.

Resolved:

(Moved: Councillors Ossip/McDonald)

A.    That all community and cultural groups (with the exception of Blaxland and Daughter, together with St Ives Progress Association) be granted.

1.   Category:  Small Equipment

*not including St Ives Progress Association, which will be determined in Resolution C.

2.   Category:  Community Development

3.   Category:  Arts/Cultural

*not including Blaxland and Daughter, which will be determined in Resolution B.

D.    That $8,800 of unspent returned funds from the 2015 Ku-ring-gai Community Grants program be included in the 2016 Community Grants program for distribution to community groups.

Resolution A and D were CARRIED UNANIMOUSLY

B.    That Blaxland and Daughter receive the recommended amount of $3000.

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

Against the Resolution:         Councillors Pettett and Malicki

Resolution B was CARRIED

C.    That St Ives Progress Association receive the recommended amount of $2000.

For the Resolution:                The Mayor, Councillor Anderson, Councillors , Malicki and Berlioz

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

No decision was taken in respect Resolution C as the Motion when put to the vote was LOST

318

Taldumande Youth Services 2017 Charity Dinner

File: CY00043/8

Vide: QN.1

Question Without Notice from Councillor Elaine Malicki

How did the Taldumande Youth Services 2017 Charity Dinner request come Council, that is, how was it raised with staff?

Answered by the Mayor, Councillor Jennifer Anderson

The Mayor advised that she received an invitation by email and forwarded it to staff to be brought before Council.

Ordinary Meeting of Council - 6 December 2016

GB.1 / 55

Item GB.1

S02621

14 November 2016

purpose of report:

To seek Council's endorsement of the final concept designs for the inclusive playgrounds at Council’s Regional Parks - St Ives Showground at Picnic Area 7 and at Ku-ring-gai Bicentennial Park at Golden Grove and proceed to document for tender.

background:

The two regional playgrounds in Ku-ring-gai LGA are being upgraded to replace the worn assets and to meet the needs of the community for inclusive play and nature play elements. Following consultation on both projects, final concept designs have been prepared for Council endorsement.

comments:

The final concept designs will create inclusive children’s play spaces that encourage nature play with support infrastructure such as fences, linking pathways, seats, shelters, accessible toilet, tree planting and landscaping to provide opportunities for children and parents/carers to play, meet and build support networks.

recommendation:

A.   That Council endorses the final concept designs for the new upgraded inclusive playgrounds in St Ives Showground in Picnic Area 7, and in Ku-ring-gai Bicentennial Park at Golden Grove.

B.   That design and construction documentation, including detailed plans, cost estimates, environmental assessment and specifications for both projects based on the final concept designs, be completed for public tender.

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

D.   That the specialised custom built play equipment items listed in the report be authorised for pre-order by the General Manager to ensure the long lead time does not delay the project implementation.

E.   That any increased maintenance costs associated with the new regional playground upgrades be included in the draft 2017/18 recurrent budget.

Available funds 2016-17 budget

 St Ives Showground Playground and Toilet

Available funds
2016-17 budget

 Golden Grove Playground

PJ 104341

$207,631.00

PJ105144

 $416,025.00

PJ 105142

$673,253.00

PJ106039

 $22,550.00

PJ105149

$158,438.00

MG Grant

$250,000.00

TOTAL

$1,289,322.00

TOTAL

$538,575.00

Preliminary Project estimate

 $1,190,000.00

Preliminary Project Estimate

 $533,289.24

Recommendation:

A.   That Council endorses the final concept designs for the new upgraded inclusive playgrounds in St Ives Showground in Picnic Area 7, and in Ku-ring-gai Bicentennial Park at Golden Grove.

B.   That design and construction documentation, including detailed plans, cost estimates, environmental assessment and specifications for both projects based on the final concept designs, be completed for public tender.

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

D.   That the specialised custom built play equipment items listed in the report be authorised for pre-order by the General Manager to ensure the long lead time does not delay the project implementation.

E.   That any increased maintenance costs associated with the new regional playground upgrades be included in the draft 2017/18 recurrent budget.

Alison Walker

Principal Landscape Architect

Ian Dreghorn

Acting Director Strategy & Environment

Attachments:

A1

Concept design plan - St Ives Showground Inclusive Playground

2016/327519

A2

Concept design plan - Golden Grove Inclusive Playground Upgrade

2016/290811

A3

Playground Rules Advisory Sign

2016/327846

A4

Pre-order custom play equipment items

2016/331417

A5

St Ives Show Ground comments

2016/324099

A6

Golden Grove Comments

2016/324170

APPENDIX No: 1 - Concept design plan - St Ives Showground Inclusive Playground

Item No: GB.1

APPENDIX No: 2 - Concept design plan - Golden Grove Inclusive Playground Upgrade

Item No: GB.1

APPENDIX No: 3 - Playground Rules Advisory Sign

Item No: GB.1

APPENDIX No: 4 - Pre-order custom play equipment items

Item No: GB.1

APPENDIX No: 5 - St Ives Show Ground comments

Item No: GB.1

APPENDIX No: 6 - Golden Grove Comments

Item No: GB.1

Ordinary Meeting of Council - 6 December 2016

GB.2 / 84

Item GB.2

S08447

25 November 2016

purpose of report:

To report statistics in relation to complaints as required by the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW  for the twelve months to 31 August 2016.

background:

Under the Procedures, a report on a range of complaints statistics must be provided the Division of Local Government and reported to Council.

comments:

The relevant statistics are contained in this report.

recommendation:

That the report under Part 12 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW  be received and noted.

Recommendation:

That the report pursuant to Part 12 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW  be received and noted.

Jamie Taylor

Corporate Lawyer

John McKee

General Manager

Ordinary Meeting of Council - 6 December 2016

GB.3 / 89

Item GB.3

S07349

24 November 2016

purpose of report:

For Council to adopt the draft Media and Communications Community Policy 2016.

background:

The draft Media and Communications Policy 2016 was reported to Council on 6 September 2016. Council endorsed the policy to be placed on public exhibition which occurred between 23 September and 21 October 2016.

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.

One submission was received during the exhibition period.

recommendation:

That Council adopt the draft Media and Communications Policy 2016.

Recommendation:

That Council adopt the draft Media and Communications Policy 2016.

Virginia Leafe

Manager Corporate Communications

Sally Williams

Media Advisor

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 December 2016

GB.4 / 105

Item GB.4

S10920

23 November 2016

purpose of report:

To advise Council of a temporary booking for Anatevka Pty Ltd to conduct monthly Sunday markets at the St. Ives Precinct, for a12 month trial period.

background:

At the Council Meeting of 26 October 2016, Council resolved, in part, for a report be brought back to Council on the operation of a market within the St Ives Precinct.

comments:

After viewing both the St Ives Showground and Ku-ring-gai Wildflower Garden sites and discussing possibilities with council staff, Anatevka Pty Ltd has proposed a temporary monthly Sunday market at the at Ku-ring-gai Wildflower Garden, to commence in March 2017, for a trial period of 12 months.

recommendation:

That Council receive and note this report.

recommendation

That Council receive and note this report.

Les Currie

Team Leader - Tourism and Visitation St.Ives Precinct

Patrick Corrigan

St Ives Precinct Co-ordinator

Mark Taylor

Manager Community & Recreation Services

Janice Bevan

Director Community

Attachments:

A1

Anatevka Pty Ltd - Proposed St Ives Precinct Market - Attachment to Report

2016/327807

APPENDIX No: 1 - Anatevka Pty Ltd - Proposed St Ives Precinct Market - Attachment to Report

Item No: GB.4

Ordinary Meeting of Council - 6 December 2016

GB.5 / 117

Item GB.5

S02090

17 November 2016

purpose of report:

For Council to adopt the draft Community Consultation Policy 2016.

background:

The draft Community Consultation Policy 2016 was reported to Council on 6 September 2016. Council endorsed the policy to be placed on public exhibition which occurred between 23 September and 21 October 2016.

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.

One submission was received during the exhibition period which resulted in a minor change in a position title to ensure consistency.

recommendation:

That Council adopt the draft Community Consultation Policy 2016.

Recommendation:

That Council adopt the draft Community Consultation Policy 2016.

William Adames

Community & Business Engagement Co-ordinator

Virginia Leafe

Manager Corporate Communications

Janice Bevan

Director Community

Attachments:

A1

Attachment A1 - Draft Community Consultation Policy

2016/328795

APPENDIX No: 1 - Attachment A1 - Draft Community Consultation Policy

Item No: GB.5

Ordinary Meeting of Council - 6 December 2016

GB.6 / 130

Item GB.6

S10577

10 November 2016

purpose of report:

To present to Council a Business Plan prepared by the Save Marian Street Theatre Group.

background:

On 20 September 2016, following a Mayoral Minute from Cr Cheryl Szatow, Council resolved to provide “in principal” support to the Save Marian Street Theatre fund raising initiative, for a period of up to 3 years, to raise sufficient funds to refurbish and re-open the Marian Street Theatre in Killara.

comments:

The SMS theatre group has prepared a Business Plan which outlines their fund raising strategy. The SMS theatre group has requested that the Business Plan, along with a request for seed funding of $36,000 for a feasibility study, be presented to Council.

recommendation:

That Council undertake an independent Probity and Risk Review on the Save Marian Street Theatre group Business Plan, and that a report containing analysis of the Business Plan and recommendations from the review, including strategies on managing any risks, come to Council for further determination.

Recommendation:

A.   That Council engage an independent consultant to conduct a Probity and Risk Review of the Save Marian Street Theatre Business Plan.

B.   That a report come to Council containing analysis of the SMS Business Plan along with recommendations and strategies from the independent Probity and Risk Review.

Janice Bevan

Director Community

Attachments:

A1

Business Plan - Save Marian Street Theatre Committee - Report Attachment

2016/320158

APPENDIX No: 1 - Business Plan - Save Marian Street Theatre Committee - Report Attachment

Item No: GB.6