Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors C Szatow & D Citer (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Acting Director Strategy & Environment (Antony Fabbro)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Strategic Projects (Ian Dreghorn)

Manager Corporate Communications (Virginia Leafe)

Manager Records and Governance (Amber Moloney)

Team Leader Urban Design (Bill Royal)

Strategic Traffic Engineer (Joseph Piccoli)

Contract Urban Designer (Louise Drum)

Principal Landscape Architect (Alison Walker)

Minutes Secretary (Christine Dunand)

319

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

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

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 confidential reports and respective attachments:

C.1     2017 General Manager's Performance Agreement - Monitoring Review

         In accordance with 10A(2)(a)

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 Reports:

GB.7  Tender RFT11/2016 - Printer and Multifunction Device Replacement

Attachment A1:  Evaluation Committee Report

In accordance with s10A(2)(d)(iii)

Attachment A2:  Evaluation Worksheet - All Submissions

In accordance with s10A(2)(d)(iii)

Attachment A3:  Evaluation Worksheet - Shortlisted Submissions

In accordance with s10A(2)(d)(iii)

GB.9  Tender RFT14/2016 - Drainage Construction at 90 Babbage Road, Roseville Chase

Attachment A1: Tender Evaluation Panel Summary

In accordance with s10A(2)(d)(iii)

Attachment A2: Financial Considerations Summary

In accordance with s10A(2)(d)(iii)

Attachment A3: Tenderer A - Corporate Scorecard

In accordance with s10A(2)(d)(iii)

Attachment A4: Tenderer B - Corporate Scorecard

In accordance with s10A(2)(d)(iii)

Attachment A5: Valuation Report 1

In accordance with s10A(2)(d)(iii)

Attachment A6: Valuation Report 2

In accordance with s10A(2)(d)(iii)

Attachment A7: Valuation Report 3  

In accordance with s10A(2)(d)(iii)

CARRIED UNANIMOUSLY

Memorandums:

GB.1 St Ives Showground New Inclusive Playground and Golden Grove Inclusive Playground Upgrade

Memorandum from Acting Director Strategy & Environment dated 29 November 2016 advising a full sized set of all attachments to this reports are available in the Councillors’ room.

Late Councillors Information:

GB.13 Turramurra Local Centre - Traffic and Transport Study

Memorandum from Acting Director Strategy and Environment dated 6 December 2016 answering Councillor questions regarding the Turramurra Local Centre - Traffic and Transport Study

320

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 22 November 2016

Minutes numbered 303 to 318

Resolved:

(Moved: Councillors Szatow/Fornari-Orsmond)

That Minutes numbered 303 to 318 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

321

St Ives Showground New Inclusive Playground and Golden Grove Inclusive Playground Upgrade

File: S02621

Vide: GB.1

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.

Resolved:

(Moved: Councillors Szatow/McDonald)

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.

CARRIED UNANIMOUSLY

322

Code of Conduct - Complaint Statistics

File: S08447

Vide: GB.2

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.

Resolved:

(Moved: Councillors Szatow/McDonald)

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.

CARRIED UNANIMOUSLY

323

Draft Media and Communications Policy

File: S07349

Vide: GB.3

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

Resolved:

(Moved: Councillors Szatow/McDonald)

That Council adopt the draft Media and Communications Policy 2016.

CARRIED UNANIMOUSLY

324

St Ives Precinct - Temporary Markets

File: S10920

Vide: GB.4

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.

Resolved:

(Moved: Councillors Szatow/Pettett)

That Council receive and note this report.

CARRIED UNANIMOUSLY

325

Draft Community Consultation Policy

File: S02090

Vide: GB.5

For Council to adopt the draft Community Consultation Policy 2016.

Resolved:

(Moved: Councillors Szatow/McDonald)

That Council adopt the draft Community Consultation Policy 2016.

CARRIED UNANIMOUSLY

326

Tender RFT11/2016 - Printer and Multifunction Device Replacement

File: S11009

Vide: GB.7

To report on the results of the open tender for the supply and installation of printers, multifunction devices and a print management solution and to seek approval to accept the tender from the preferred tenderer.

Resolved:

(Moved: Councillors Szatow/McDonald)

A.   That Council approve the recommendation of the Tender Evaluation Committee included in attachment A1.

B.   That Council authorises the Mayor and General Manager to execute all documents and affix the Council seal to all contract documents.

CARRIED UNANIMOUSLY

327

Ku-ring-gai Bush fire prone land map 2016 - finalisation

File: S10627

Vide: GB.11

For Council to adopt the exhibited 2016 Ku-ring-gai Bush Fire Prone Land Map (BFPLM) which was placed on public exhibition between 24 June 2016 and 21 July 2016, with amendments as outlined in this report, for lodgement to the Commissioner of the NSW Rural Fire Service for certification.

Resolved:

(Moved: Councillors Szatow/Berlioz)

That Council endorses the final 2016 Ku-ring-gai 2016 Bush Fire Prone Land Map, with amendments as outlined in this report, for lodgement to the Commissioner of the NSW Rural Fire Service for certification.

CARRIED UNANIMOUSLY

328

Fitzsimons Lane Gordon - Voluntary Planning Agreements

File: S10147

Vide: GB.14

To provide an update on the progress of the draft Planning Agreements for the Development Applications that front both the Pacific Highway and Fitzsimons Lane Gordon – the lane frontage being subject to a land dedication for widening.  This report also recommends the statutory exhibition of one of the draft Planning Agreements.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.   That public notice of the exhibition of the draft Planning Agreement and Explanatory Note relating to the property at 904-914 Pacific Highway Gordon for the purposes of facilitating a land dedication along the frontage to Fitzsimons Lane be duly given, and a copy of those documents be made available for inspection, in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

B.   That a report be brought back to Council following the statutory exhibition process.

C.   That delegation be granted to the General Manager or his delegate to make any administrative changes to the document that do not alter the overall intent in order to facilitate exhibition and to protect Council’s interests.

D.   That the letter of offer to enter into a planning agreement for the dedication of land along the frontage to Fitzsimons Lane of the property located at 900 Pacific Highway Gordon in association with DA0226/16 be noted and authority be delegated to the General Manager or his delegate to progress the draft planning agreement in discussions with the applicant.

E.   That the design process for the Fitzsimons Lane public domain improvements commence as soon as practicable in 2017.

F.   That the General Manager or his delegate to authorised to proactively pursue the completion of the negotiations for the draft planning agreement for the remaining property at 870-898 Pacific Highway which also has rear frontage to Fitzsimons Lane which has recently been on-sold, in line with the original letters of offer from the former property owner, with a view to enabling the public domain works to Fitzsimons Lane to be delivered concurrently and in the short term.

CARRIED UNANIMOUSLY

329

Potential Heritage Conservation Areas in Pymble, Turramurra and Wahroonga

File: S10051

Vide: GB.15

To have Council consider potential heritage conservation areas for inclusion under the Ku-ring-gai Local Environmental Plan 2015 and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

Resolved:

(Moved: Councillors Szatow/Berlioz)

A.       That a Planning Proposal be prepared in accordance with s55 of the EP&A Act to amend KLEP 2015 and KLEP (Local Centres) 2012 to include several proposed conservation areas as potential heritage conservation areas in Schedule 5 and on the Heritage Map.

B.       That the Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.

C.       That in order to facilitate an expedient Gateway Determination, the NSW Heritage Office be consulted prior to submitting the Planning Proposal to the Department of Planning and Environment. Should comments not be received within 21 days, the Planning Proposal is to be submitted regardless.

D.       That Council requests the plan making delegation under Section 23 of the EP&A Act for this Planning Proposal.

 E.      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.

F.       A further report be brought back to Council at the end of the exhibition period.

CARRIED UNANIMOUSLY

330

Extinguishment/modification of Council Easement - 29, 29A and 31 Moree Street Gordon

File: CY00066/8

Vide: GB.16

To consider a request for the extinguishment/modification of an existing stormwater drainage easement over Lot 2 DP 212930 and Lots 1 and 2 DP 846768, being 29, 29A and 31 Moree Street benefiting Council and the creation of a new easement in an alternate location on the land.

Resolved:

(Moved: Councillors Szatow/Citer)

A.   That the General Manager or his delegate be authorised to negotiate Council’s requirements including compensation for the relocation of the existing easement that benefits Council over Lot 2 DP 212930 and Lots 1 and 2 DP 846768 (29, 29A and 31 Moree Street Gordon) and the creation of a new easement on another part of the property approved by Council.

B.   Subject to the General Manager or his delegate completing negotiations strictly on the  basis set out in this report that Council grant approval for the extinguishment of the existing easement and creation of the new easement on the development site in accordance with Council’s requirements and the future Development Consent.

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

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

CARRIED UNANIMOUSLY

331

Medium Density Housing Code Exhibition - Submission to Department of Planning and Environment

File: S10990

Vide: GB.17

To present to Council the assessment and submission on the Explanation of Intended Effect - Medium Density Housing Code and Draft Medium Density Design Guide exhibited by the Department of Planning and Environment.

Resolved:

(Moved: Councillors Szatow/Berlioz)

A.   That Council endorse the content of the submission and it be submitted to the Department of Planning and Environment.

B.   That Council authorise the Director Strategy and Environment to amend Council’s submission to improve clarity and strengthen arguments prior to its issue.

C.   That Council forward its final submission to interested State agencies and individuals to engage them in the proposed directions for medium density housing.

CARRIED UNANIMOUSLY

332

2017 General Manager's Performance Agreement - Monitoring Review

File: CY00254/9

Vide: C.1

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

Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).

Report by Mayor, Councillor Jennifer Anderson dated 28 November 2016

Resolved:

(Moved: Councillors Szatow/McDonald )

A.   That Council receive and accept the report.

B.   That the General Manager be officially advised by the Mayor of the outcome of the Performance Review.

C.   That the General Manager and his staff be commended for their good work.

D.   That Council continue the facilitation contract with Ptok Consulting Pty Ltd as outlined in Attachment 2.

CARRIED UNANIMOUSLY

333

Save Marian Street Theatre Group - Business Plan

File: S10577

Vide: GB.6

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

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

J Townend

J Cadden

Resolved:

(Moved: Councillors McDonald/Malicki)

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.

C.      That the Probity report come back to Council by the end of February 2017.

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

Against the Resolution:         Councillor Armstrong

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

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

Against the Amendment:       Councillors Citer, Armstrong and Szatow

The Original Motion was:

(Moved: Councillors Szatow/Citer)

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.

C.     That Council approve $36,500 seed funding to the Save Marian Street Theatre Committee in order that they can continue with a feasibility study at the same time as Council's undertaking of a Probity and Risk Review of their Business Plan.

During debate Councillors Fornari-Orsmond/McDonald moved that the Motion be PUT as there had been 2 speakers For and 2 Against.

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

Against the Resolution:         Councillors Citer, Armstrong and Szatow

334

24 Mungarra Avenue, St Ives - demolition of existing structures and construction of 3 seniors living dwellings and associated works

File: DA0572/15

Vide: GB.8

Demolition of existing structures and construction of 3 seniors living dwellings and associated works

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

K Kennedy

G Holdsworth

Resolved:

(Moved: Councillors Berlioz/Pettett)

That Council, as the consent authority, grant development consent to DA0572/15 for the demolition of existing structures and construction of 3 seniors living dwellings and associated works on land at 24 Mungarra Avenue, St Ives for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

Conditions that identify approved plans:

1.     Approved architectural plans and documentation

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.     Alfresco areas (Dwellings 24 and 24A) - roofs to be deleted

The roof structures over the proposed alfresco areas to Dwellings 24 and 24A are to be deleted.

Reason:       To improve solar access.

3.     Inconsistency between documents

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

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

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

4.     Asbestos works

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

Reason:         To ensure public safety.

5.     Notice of commencement

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

Reason:         Statutory requirement.

6.     Notification of builder’s details

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

Reason:         Statutory requirement.

7.     Dilapidation 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 Mungarra 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.

8.     Construction and traffic management plan

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

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

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

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

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

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

·     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.

9.     Work zone

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

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

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

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

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

10.   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.

11.   Marking of trees to be removed

All trees that are to be removed within the development area, are to be clearly marked on site by the Project Arborist in accordance with the approved plans. All other trees are to be retained.

Reason:       To protect existing trees during the construction phase.

12.   Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area.  The fence/s shall be maintained intact until the completion of all demolition/building work on site.

Reason:         To protect existing trees during the construction phase.

13.   Tree protection fencing excluding structure

To preserve the following tree/s, no work shall commence until the area beneath their canopy excluding that area of the approved driveway shall be fenced off for the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area.  The fence/s shall be maintained intact until the completion of all demolition/building work on site:

Reason:         To protect existing trees during the construction phase.

14.   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.

15.   Tree protection signage

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

Tree protection zone.

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

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

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

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

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

Reason:         To protect existing trees during the construction phase.

16.   Tree protection - avoiding soil compaction

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

Reason:         To protect existing trees during the construction phase.

17.   Tree fencing inspection

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

Reason:         To protect existing trees during the construction phase.

18.   Construction waste management plan

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

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

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

Reason:         To ensure appropriate management of construction waste.

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

19.   Amendments to approved landscape plan

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

The following changes are required to the Landscape Plan:

1.         An additional canopy tree is to be planted forward of Dwelling 24 and an additional canopy tree is to be planted adjacent to the mail box.

2.         The correct width of the existing rock batter located along the front boundary is to be shown with proposed planting along the upper edge.

3.         To provide neighbour amenity, all retaining walls to side boundaries are be set back a minimum of 600mm (to inside edge of wall) with adequate screen planting provision therein.

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

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

Reason:         To ensure adequate landscaping of the site.

20.   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.

21.   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.

22.   Outdoor lighting

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

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

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

23.   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.

24.   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.

25.   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.

26.   Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application 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.

27.   Excavation for services

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

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

Reason:         To ensure the protection of trees.

28.   Noise from plant in residential zone

Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00 pm –6.00 am) when measured at the boundary of the site.

C1.   Note:    A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.

Reason:         To comply with best practice standards for residential acoustic amenity.

29.   Driveway crossing levels

Prior to issue of the Construction Certificate, driveway and associated footpath levels for any new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Ku-ring-gai Council. Such levels are only able to be issued by Council under the Roads Act 1993.  All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings".

Specifications are issued with alignment levels after completing the necessary application form at Customer Services and payment of the assessment fee. When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant development application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment.

This development consent is for works wholly within the property. Development consent does not imply approval of footpath or driveway levels, materials or location within the road reserve, regardless of whether this information is shown on the development application plans. The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements.  The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.

The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.

Reason:         To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.

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

Prior to issue of the Construction Certificate, the Certifying Authority shall be satisfied that the Civil engineering Plans GO150270 Dwg. No. C1.01, C1.02, C2-C20 all issue ‘J’ dated 16 August 2016 prepared by ACOR Consultants have been approved by Council’s Development Engineer. The plans to be assessed must be to a detail suitable for construction issue purposes and have been endorsed by the access consultant to confirm compliance with AS1428.1, DDA Transport Standards and Clause 26(1) and (2) and Clause 38 of the Seniors Living SEPP.

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

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

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

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

31.   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.

32.   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.

33.   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):

34.   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.

35.   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:

Infrastructure Type                                                                      Total

LGA Wide Local Recreational & Cultural                                                    $1,502.33

Northern Area Local Parks & Sporting Facilities                                     $11,221.22

Development Contributions Total                                          $12,723.55

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:

36.   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.

37.   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.

38.   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.

39.   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.

40.   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 complies 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.

41.   Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.

The site notice must:

·           be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted

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

·           be durable and weatherproof

·           display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice

·           be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason:         To ensure public safety and public information.

42.   Dust control

During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:

·           physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust

·           earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed

·           all materials shall be stored or stockpiled at the best locations

·           the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs

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

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

·           gates shall be closed between vehicle movements and shall be fitted with shade cloth

·           cleaning of footpaths and roadways shall be carried out daily

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

43.   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.

44.   Guarding excavations

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

Reason:         To ensure public safety.

45.   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.

46.   Protection of public places

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

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

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

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

Reason:         To protect public places.

47.   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.

48.   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.

49.   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.

50.   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.

51.   Drainage to existing system

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

Reason:         To protect the environment.

52.   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.

53.   Project arborist

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

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

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

Reason:         To ensure protection of existing trees.

54.   Arborist’s report

All trees to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 and recommendations in Tree Assessment and

Development Impact Report prepared by MacKay Tree Management for the site dated 23/10/15 and for the pedestrian pathway dated and 15/08/16, during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required during all works within the canopy spread of all existing trees on site and overhanging from adjoining sites, including date, brief description of the works inspected, and any mitigation works prescribed. 

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

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

Reason:         To ensure protection of existing trees.

55.   Canopy/root pruning

Canopy and/or root pruning of the following tree/s which is necessary to accommodate the approved works shall be undertaken by an experienced Arborist/Horticulturist, with a minimum qualification of the AQF5.  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason:         To protect the environment.

56.   Treatment of tree roots

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

Reason:         To protect existing trees.

57.   Hand excavation

All excavation, within the specified radius of the trunk(s) of the following tree(s) shall be hand dug:

Reason:         To protect existing trees.

58.   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.

59.   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.

60.   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.

61.   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:

62.   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. 570459M_04 have been complied with.

Reason:         Statutory requirement.

63.   Clotheslines and clothes dryers

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the units either have access to an external clothes line located in common open space or have a mechanical clothes dryer installed.

Reason:         To provide access to clothes drying facilities.

64.   Mechanical ventilation

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

1.         The installation and performance of the mechanical systems complies with:

·     The Building Code of Australia

·      Australian Standard AS1668

·      Australian Standard AS3666 where applicable

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

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

Reason:         To protect the amenity of surrounding properties.

65.   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.

66.   Completion of tree works

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

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

67.   Accessibility

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

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

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

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

Reason:         Disabled access & services.

68.   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 24R.8.2). 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.

69.   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 24 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.

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

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

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

·           gradients of drainage lines, materials and dimensions

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

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

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

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

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

·           dimensions of the discharge control pit and access grates

·           the maximum depth of storage possible over the outlet control

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

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

Reason:         To protect the environment.

71.   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 24R8.1). 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.

72.   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.

73.   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.

74.   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.

75.   Fire safety certificate

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

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

76.   Restriction on land title - seniors living development

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that restriction as to use of land under Section 88E of the Conveyancing Act 1919, has been created restricting the occupation of the premises to:

·           people 55 or over or people who have a disability

·           people who live with people 55 or over or people who have a disability

·           staff employed to assist in the administration of and provision of services to housing provided in this development

Reason:         To ensure that the development meets the provisions of the Seniors Living SEPP.

77.   SEPP Seniors Living Advertising

All advertising, signage, marketing or promotion of the sale of the dwellings in this development shall make clear reference to the fact that this is a SEPP Seniors Living development and that at least one occupier shall be aged 55 years or over or have a disability.

Reason:         To ensure that the development meets the provisions of the Seniors Living SEPP.

78.     Construction Standards - Housing for Seniors or People with a Disability

Prior to the issue of an occupation certificate or occupation of the development (whichever comes first), certification shall be provided from an accredited access consultant to the certifying authority which demonstrates that the fit out and construction of the development satisfies the design criteria in Schedule 3 of SEPP (Housing for Seniors or People with a Disability) 2004.

Reason:         To ensure compliance with SEPP (Housing for Seniors or People with a Disability) 2004.

Conditions to be satisfied at all times:

79.   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.

80.   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.

81.   Loading and unloading

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

Reason:         To ensure safe traffic movement.

82.   Unobstructed driveways and parking areas

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

Reason:         To ensure safe traffic movement.

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

Against the Resolution:         Councillor Citer

335

Turramurra Community Hub Master Plan - Update on discussions with Coles Property Development Group

File: S10467

Vide: GB.12

The purpose of this report is to recommend amendments to the draft Turramurra Community Hub Master Plan (as exhibited) based on recent discussions with Coles Property Development Group (Coles).

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

J Harwood

M Burgess

Resolved:

(Moved: Councillors Malicki/McDonald)

A.   That the amended lower ground floor plan of the draft Turramurra Community Hub Master Plan as it applies to all aspects of the supermarket component be adopted by Council.

B.   That the letter of support from Coles to Ku-ring-gai Council be received and noted.

C.   That a report be brought back to Council in early 2017 documenting the Chairperson’s findings on the public hearing and recommending a final master plan.

CARRIED UNANIMOUSLY

336

Turramurra Local Centre - Traffic and Transport Study

File: S10467

Vide: GB.13

To consider the Turramurra Community Hub Transport Scenario Testing Study, 2016.

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

J Dailey

D McGilvray

M Burgess

A Parker

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

A.   That Council adopt the Turramurra traffic and transport study (with the rail bridge option) in principle, and forward the proposal to Roads and Maritime Services for formal concurrence.

B.   The property No. 12 Turramurra Avenue (Lot 2 DP983832), Turramurra be divested by in accordance with Council’s – Acquisition and Divestment of Land Policy 2014 and the funds returned to the Ku-ring-gai Contributions Plan 2010 Section 94 reserves.

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

Against the Resolution:         Councillors Malicki, Armstrong and Berlioz

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

(Moved: Councillors Malicki/McDonald)

A.      That consultation be undertaken with residents of every street mentioned in the PeopleTrans Report where relevant to ensure these residents are aware of the impacts of the options on them and to allow them to comment on the proposals.

B.     Consultation to extend to community user groups within the centre including the Uniting Church, Meals on Wheels, Computer Pals for Seniors, the Turramurra Community Garden. Local action groups also to be asked for comment.

C.     Councillors to be given a peak time site inspection prior to the matter coming back to council.

D.        Following consultation a report be brought back to council for determination.

337

Tender RFT14/2016 - Drainage Construction at 90 Babbage Road, Roseville Chase

File: S11081

Vide: GB.9

To consider tenders received for the construction of stormwater drainage works in 90 Babbage Road,  Roseville Chase and appoint the preferred tenderer

Resolved:

(Moved: Councillors Berlioz/Armstrong)

A.   That Council approve the recommendation of the Tender Evaluation Panel for the construction of the stormwater drainage in 90 Babbage Road, Roseville Chase.

B.   That Council approve an increase to the current budget of $480,000 to be allocated from the Infrastructure Facilities Reserve.

C.   That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.

D.   That the Seal of Council be affixed to all necessary documents.

E.   That all tenderers be advised of Councils decision in accordance with Clause 178 of the Local Government Act and Tender Regulation

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

Against the Resolution:         Councillors Armstrong and Berlioz

338

Clearway - Mona Vale Road from Pymble to St Ives

File: TM3/08

Vide: GB.10

To provide Council with a further update by the Roads and Maritime Services on the implementation of the clearways along Mona Vale Road.

Resolved:

(Moved: Councillors Berlioz/McDonald)

A.   That Council accept the offer of funding from the RMS for additional parking in the car park opposite the entrance to Stanley Street, St Ives at 208-210 Mona Vale Road St Ives.

B.   That Council advises the RMS of its acceptance to the proposed time parking changes in the adjoining car park and surrounding roads.

C.   That the RMS be formally contacted to review the old school site carpark for reconfiguration for increased car parking spaces, and the outcome reported back to Council, and that Council seek the RMS to fund the outcome.

CARRIED UNANIMOUSLY

339

DA of 64 Townhouses at Gladstone Parade Lindfield

File: DA0481/16

Vide: QN.1

Question Without Notice from Councillor David Armstrong

In relation to a DA for 64 townhouses at Gladstone Parade Lindfield across the road from Lindfield Primary School, is there a briefing or any information about this DA?

Answered by Director Development and Regulation

The Director Development and Regulation advised that any Councillor is welcome to ask for a briefing through the Director, and upon request, that briefing will be provided.

340

Marion Street Theatre - Letter from the Mayor Councillor Jennifer Anderson to Paul Fletcher, MP

File: S10095/3

Vide: QN.2

Question Without Notice from Councillor Cheryl Szatow

To Mayor Councillor Jennifer Anderson, in your response to a letter from Paul Fletcher, MP – asking for confirmation that Ku-ring-gai Council supports the Marian Street Theatre buildings to be heritage listed, you replied that an independent heritage assessment in 2015 had been carried out and did not even recommend a local heritage listing.

Who wrote this independent report?

Would you please furnish the report to Council within the week, as to date, it has not been located.

Answered by Mayor, Councillor Jennifer Anderson

The Mayor, Councillor Jennifer Anderson advised the staff from various departments are looking for subject document that she personally recalls reading because as you would know she is chair of Council’s Heritage Committee, and has been for a considerable length of time, and she is always very interested in the reports on the heritage merits of any building, and she particularly remembers reading that report saying it didn’t have a recommendation for local listing. The Director of Strategy also recalls reading that document. Council officers are attempting to find out what it was in relation to, it may not have been the town centres, it may have been to do with the investigations on redeveloping the building for accessibility, etc., but will endeavour to find that and provide a fulsome response to Councillor Szatow.

341

Misquote from Mayor to North Shore Times of 2 December 2016 re Culworth Avenue Carpark

File: S09878

Vide: QN.3

Question Without Notice from Councillor Cheryl Szatow

To the Mayor, Councillor Jennifer Anderson, in reference to the article in the North Shore Times of 2 December 2016 you misquoted the letter from the Department of Planning and the Environment regarding the Culworth Avenue Carpark, Killara.

Would you please explain the reason for your misquote?

The letter said: ‘The reason the Department refused the reclassification was because Council had not provided adequate parking, there is uncertainty about any multi-level development and there was community concern.’

The North Shore Times reported, and they may have misquoted you, ‘That the reclassification was refused until a multi storey carpark would be erected.’

Would you please explain the reason for that misquote?

Answered by Mayor, Councillor Jennifer Anderson

The Mayor, Councillor Jennifer Anderson advised she didn’t think it was a misquote, that is our understanding of the rationale for the decision not to continue with the reclassification at this stage because the government hasn’t funded their proposed multi-storey carpark. As you would know council staff, at the request of Council, wrote several times asking the Minister and the Department to purchase the site if it felt it was needed for resident carparking for the commuters, the train commuters. The answers in writing, which you would have seen Councillor Szatow, were that the Minister and the Department were satisfied that the site they had acquired would be sufficient with a multi-storey deck with the required capacity for the commuter carparking.

I am happy to provide a more fulsome report in writing.

342

Progress on the No Right Turn Eastern Road and Burns Road Wahroonga

File: TM11/08

Vide: QN.4

Question Without Notice from Councillor Duncan McDonald

In relation to progress on the no right turn at Eastern Road/Burns Road Wahroonga at peak periods. It does cause considerable congestion along Eastern Road running south, and it is an issue, and I would just like to know if that has gone through to the Traffic Committee, has there any been anything discussed on that?

Answered by Director Operations

The Director Operations advised he would follow it up with the Traffic staff, but he recalls following up with the RMS and thought there was a response to that particular matter, but will respond.

343

Comments at North Turramurra Community Meeting (NTAG) Praising Council Staff for National Award

File: S08662

Vide: QN.5

Question Without Notice from Councillor Duncan McDonald

This question is to you Madam Mayor, regarding a comment made at the North Turramurra Community Meeting (NTAG), a comment was raised by the designated District Commissioner of the Northern Region, Dr Dearing, she praised Ku-ring-gai Council staff regarding planning, where they were recognised at a national level. Can you explain more about what this is referring to in terms of planning?

Answered by Mayor, Councillor Jennifer Anderson

The Mayor, Councillor Jennifer Anderson advised that Dr Dearing and her staff from the Greater Sydney Commission have been working with council officers across councils in the northern district, and they were very much wishing to praise our council for its town centres work, particularly in relation to Turramurra, but not only there, Lindfield etc.

Dr Dearing mentioned this in several briefings that have been open to Councillors and council officers in the last few weeks.  Mr Fabbro attended some of the aforementioned and may wish to add to that.

Answered by Acting Director Strategy and Environment (Antony Fabbro)

The Acting Director Strategy and Environment advised the award related to a national award for urban design and the patron of the award is the Prime Minister and Lucy Turnbull. The award was for the masterplanning we have done with Chrofi Architects, under Major Projects Urban Design, which is a national award.

Answered by Mayor Councillor Jennifer Anderson

Dr Dearing’s comments haven’t been only related to that award, she particularly praised council’s ability to keep our tree canopy and character within the new masterplanning processes, that she has been impressed with.

344

Bi-Centennial Park Carpark Line Marking Status

File: S02243/8

Vide: QN.6

Question Without Notice from Councillor David Armstrong

Is the line marking for the Bi-Centennial Park carpark near the pool on the agenda for next year, or next financial year?

Answered by Director Operations

The Director Operations advised the issue, which was raised in the budget meeting, is the pavement in that carpark is not at a standard that would justify proper line marking, it would just deteriorate very quickly. So it is probably a matter that is a budget bit item and it needs to be resurfaced before any line marking can be done.

Ordinary Meeting of Council - 7 February 2017

MM.1 / 52

Item MM.1

S07765/8

27 January 2017

Recommendation:

A.   That Council acknowledge the outstanding contribution made by these recipients of 2017 Australia Day Honours to the Ku-ring-gai community and to the well-being of our society.

B.   That the Mayor write to the recipients on behalf of Council to congratulate them on receiving their award, including a copy of this Mayoral Minute.

Jennifer Anderson

Mayor

Ordinary Meeting of Council - 7 February 2017

  / 54

Item  

88/05589/01

4 January 2017

Recommendation:

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

Ordinary Meeting of Council - 7 February 2017

GB.1 / 55

Item GB.1

S05273

17 January 2017

purpose of report:

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

background:

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

comments:

The net return on investments for the financial year to November 2016 was $1,846,000 against a revised budget of $1,823,000 giving a YTD favourable variance of $23,000.

recommendation:

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

Recommendation:

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

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1

Investments definitions specific to Council’s investment portfolio

2016/124274

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

Item No: GB.1

Ordinary Meeting of Council - 7 February 2017

GB.2 / 63

Item GB.2

S05273

19 January 2017

purpose of report:

To review and adopt Council's revised Investment Policy.

background:

Council’s current Investment Policy was adopted in December 2013. Council periodically reviews and updates its Investment Policy.

comments:

Council has sought the advice of CPG Research & Advisory Pty Ltd in reviewing the Investment Policy.

The revised Investments Policy was reviewed and endorsed by the internal Audit & Risk Committee.

recommendation:

That the attached revised Investment Policy, endorsed by the Audit & Risk Committee, be adopted by Council.

Recommendation:

That the attached revised Investment Policy be adopted by Council.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1

Investment Policy - February 2017

2017/021545

APPENDIX No: 1 - Investment Policy - February 2017

Item No: GB.2

Ordinary Meeting of Council - 7 February 2017

GB.3 / 80

Item GB.3

S05273

20 January 2017

purpose of report:

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

background:

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

comments:

The net return on investments for the financial year to December 2016 was $2,228,000 against a revised budget of $2,178,000 giving a YTD favourable variance of $50,000.

recommendation:

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

Recommendation:

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

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1

Investments definitions specific to Council’s investment portfolio

2016/124274

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

Item No: GB.3

Ordinary Meeting of Council - 7 February 2017

GB.4 / 89

Item GB.4

CY00259/9

10 January 2017

purpose of report:

To inform Councillors of any business approved under delegated authority during the 2016/17 recess period.

background:

At its meeting on 22 November 2016, Council resolved to delegate 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 to the Mayor, Deputy Mayor and General Manager.

comments:

Council was required to deal with 4 matters that could not be deferred during the recess period.

recommendation:

That Council receives and notes the report.

Recommendation:

That Council receives and notes the report.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Ordinary Meeting of Council - 7 February 2017

GB.5 / 95

Item GB.5

S03662

10 January 2017

purpose of report:

To advise Council of the resignation of Councillor Citer as Council’s representative on the KYDS Management Committee, and seek a resolution regarding the appointment of a new representative and alternate representative.

background:

On 15 September 2017, Councillor Citer was elected as Council’s representative on the KYDS Management Committee. Councillor Fornari-Orsmond was elected as an alternative representative.

comments:

On Friday 9 December 2016, Councillor Citer notified staff and KYDS of his resignation from this position. As the elected alternative, Councillor Fornari-Orsmond has assumed this role.

recommendation:

That Council appoints its representative and alternate representative on the KYDS Management Committee.

Recommendation:

That Council appoints its representative and alternate representative on the KYDS Management Committee.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Ordinary Meeting of Council - 7 February 2017

GB.6 / 98

Item GB.6

FY00581/2

30 January 2017

purpose of report:

To advise Council of the 2017 MAV Smart Futures National Conference.

background:

The 2017 Smart Urban Futures National Conference, presented by the Municipal Association of Victoria (MAV) and Victoria Walks, will be held on Tuesday March 28 and Wednesday March 29, 2017 at The Royal Australasian College of Surgeons Conference Centre, 250-290 Spring Street, Melbourne.

comments:

The theme for the 2017 conference is ‘Building Liveable, Walkable, Sustainable Communities’.

recommendation:

That any Councillors interested in attending the 2017 MAV Smart Futures National Conference advise the General Manager by Friday, 24 February 2017.

Recommendation:

That any Councillors interested in attending the 2017 MAV Smart Futures National Conference advise the General Manager by Friday, 24 February 2017.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

A1

2017 MAV Smart Urban Futures National Conference Program

2017/021144

APPENDIX No: 1 - 2017 MAV Smart Urban Futures National Conference Program

Item No: GB.6

Ordinary Meeting of Council - 7 February 2017

GB.7 / 105

Item GB.7

DA0158/16

13 October 2016

Report title:

1 Milray Street and 12 - 14 Kochia Lane Lindfield - Demolition of existing structures and construction of a multi-dwelling development consisting of 16 townhouses, basement parking, landscaping works and amalgamation of three lots into one

ITEM/AGENDA NO:

GB.7

Application No:

DA0158/16

Property Details:

1 Milray Street and 12 – 14 Kochia Lane, Lindfield

Lot & DP No:      Lot X DP 406932 and Lots 1 and 2 DP 1182693

Site area (m²):    2564m²

Zoning:               R4 High Density Residential

Ward:

Roseville

Proposal/Purpose:

Demolition of existing structures and construction of a multi-dwelling development consisting of 16 townhouses, basement parking, landscaping works and amalgamation of three lots into one

Type of Consent:

Local

Applicant:

Urbanesque Planning Pty Ltd

Owner:

Rudder Development One Pty Ltd

Date Lodged:

11 April 2016

Recommendation:

Approval

11 April 2016

Application lodged.

22 April – 22 May 2016

The application was notified to neighbouring property owners for a period of 30 days. Two (2) submissions were received.

7 June 2016

A preliminary assessment letter was sent to the applicant seeking additional information.

27 June 2016

Applicant and experts meet with Council officers to discuss preliminary assessment letter.

15 August 2016

Applicant formally submits amended plans and information.

1 September 2016

Council advised the applicant concerns requiring amended plans. 

12 September 2016

Applicant met with team leader and landscape assessment officer.

22 September 2016

Applicant submits amended plans and information.

22 September 2016

Council advises of engineering concerns with the amended information.

14 October 2016

Applicant submits amended plans and information.

27 October 2016

Council officers meet with applicant and architect to discuss outstanding issues.

11^th November 2016

Applicant submits amended plans.

21 November 2016

Applicant submits further amended plans

21 December 2016

Applicant submits further amended plans.

23 January 2017

Applicant submits further amended plans

Height of buildings:  17.5m

12.82m

YES

Floor space ratio (FSR):  1.3:1(3339.1m²)

1.0:1 (2560.97m²)

YES

Site requirements for multi dwelling housing and residential flat buildings: 30m width and 2400m²

112.4 metres and 2564m²

YES

Volume A

Part 6 Multi Dwelling Housing Controls

Part 6A Site Design

6A.1 Local Character and Streetscape

All multi dwelling housing developments are to be designed by an architect registered with the NSW Architects Registration Board.

Giles Tribe Architects – Stuart Hill 6459

YES

All multi dwelling housing developments are to demonstrate how they provide:

i) a garden setting with buildings surrounded by landscaped gardens, including canopy trees, on all sides;

ii) a transition in built form between single dwelling residential buildings and high density apartment buildings.

The proposal provides for an acceptable landscape setting to each boundary and provides an acceptable transition to the adjoining R2 land.

YES

The appearance of the development is to maintain the local visual character by considering the following elements:

i) visibility of on-site development when viewed from the street, public reserves and adjacent properties; and

ii) relationship to the scale, layout and character of the tree dominated streetscape of Ku-ring-gai.

The proposal provides for a three storey scale which is sympathetic to the adjoining R2 land.

YES

6A.2 - Site layout

Site layout responds to site analysis

YES

Dwelling with a frontage to the street must address the street

Townhouses front Kochia Lane. Corner apartment frontage to Milray Street

YES

Where a site has two or more frontages, the buildings are to address and provide dwelling door entry points from all street frontages.

Dwellings front Milray Street and Kochia Lane

YES

Soft landscaping, including canopy trees, is to be provided between onsite buildings, fences and courtyard walls

Landscaping and planter boxes provided between buildings, fences and courtyard walls

YES

Hard surface areas minimised to maximise landscaping

Hard surfaces have been minimised.

YES

No long straight driveways and buildings and fences are staggered

Driveway from Milray Street

YES

Single pedestrian entry provided from street level

Individual entry points provided to each dwelling in addition to two common entrances from Kochia Lane as a result of the 112.4 metres frontage.

NO

Building layout based on either Figure 6A.1-1, Figure 6A.2-1 or Figure 6A.2-3

The site dimensions result in a narrow but long site which is inconsistent with the figures but necessitates site specific design.

NO

All development is to have a building alignment parallel to the street, or in alignment with existing setback patterns where the pattern is not likely to change, as in Figure 6A.2-5.

Setback complies with Milray Street and is consistent with the setback pattern to Kochia Lane.

The remaining property fronts Nelson Road and zoned R2 and Kochia Lane would be the secondary frontage in which a setback of 3.8m would be required. The proposal matches this control requirement.

YES

Stair lifts and inclinators are not permitted in any setback area and are not to be visible to any street frontage or public domain area.

None proposed

YES

6A.3 Building setback

10m from primary street boundary (min)

12.2m from Milray Street and 3.8 metres from Kochia Lane

YES

8m from the secondary street boundary on corner sites within a 6-8m articulation zone

No more than 40% of building occupies articulation zone

3.8m from Kochia Lane

Non compliant setback proposal therefore unable to achieve 40% compliance

NO

NO

A minimum setback of 3.0m is to be provided from any side boundary where the side elevation has non-habitable rooms only.

Where a pedestrian pathway is located within this type of side setback, the minimum side setbacks are to be increased by the width of that path.

3.1m from eastern side

NO

Where the dwellings are oriented towards side boundaries and/or have openings to habitable rooms towards side boundaries, the setback is to be a minimum of 6.0m.

3.1m from eastern side with habitable rooms

NO

6m rear setback (min) For corner sites one boundary is to be nominated as a rear boundary.

The northern boundary is considered to be the rear 

NO

Basement areas are to be consolidated under the building footprint and meet the same building setback

Basement is consolidated beneath building footprint

YES

No driveways are to be located in side or rear setback areas including within the side setback areas in front of the building line.

Driveway located within rear setback

NO

Ground floor private terraces/courtyards may encroach into the required street, side and rear setback areas only where deep soil landscaping requirements are met. The encroachments are to retain a minimum setback to the courtyard wall of: