Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillor 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)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Christine Dunand)

Others Present:

Manager Urban & Heritage Planning (Antony Fabbro)

Team Leader Urban Design (Bill Royal)

Project Leader Major Projects (Nicole Gerschel)

Contract Urban Designer (Louise Drum)

01

Apologies

File: S02194

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

Resolved:

(Moved: Councillors Szatow/McDonald)

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

02

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED COUNCIL

File: S02499/11

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

GB.9 Turramurra Community Hub Masterplan and Rezoning & Reclassification of 1275 Pacific Highway, Turramurra

Attachment A6:       Legal Advice  

In accordance with s10A(2)(g)

GB.11      Tender T06/2016 - NTRA Sportsfield Car Park and Landscape Works

Attachment A1:       List of Tenders received

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

Attachment A2:       Tender Evaluation Panel's recommendation

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

Attachment A3:       Corporate Scorecard Assessments

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

Resolved:

(Moved: Councillors McDonald/Pettett)

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

GB.9        Turramurra Community Hub Masterplan and Rezoning & Reclassification of 1275 Pacific Highway, Turramurra

Attachment A6: Legal Advice  

In accordance with s10A(2)(g)

GB.11  Tender T06/2016 - NTRA Sportsfield Car Park and Landscape Works

Attachment A1:   List of Tenders received

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

Attachment A2:   Tender Evaluation Panel's recommendation

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

Attachment A3:   Corporate Scorecard Assessments

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

CARRIED UNANIMOUSLY

Late Items:

MM.2 - VALE Jean Katie Posen – Mayoral Minute by Mayor Jennifer Anderson dated 7 February 2017

Late Councillors Information:

QWN        Eradication of Rabbits - Minute Number 176 19 July 2016

Memorandum from Director Operations dated 6 December 2016 regarding release of RHDV/Calici virus and the new strain RHDV K5.

Refer       Road Naming – Roxy Place Proposed new Road off Eton road Lindfield

Memorandum from Director Operations dated 12 January 2017 advising new road construction to service new subdivision at 101 Eton Road Lindfield.

Late Agenda Attachment:

GB.11 – Tender 06/2016 – NTRA Sportsfield Car Park

Memorandum from Director Operations dated 6 February 2017 regarding funding for the NTRA Sportsfield car park.

GB.9 – Turramurra Community Hub Masterplan and Rezoning and Reclassification of 1275 Pacific Highway Turramurra correction

Memorandum from Director Strategy & Environment dated 7 February 2017 advising incorrect wording in resolution on page 288 of the business paper.

Item iii should be ‘maximum building height of 14.5m and FSR of 2.5:1’.

GB.5 – Election of Council Representative on Ku-ring-gai Youth Development Service (KYDS) Committee

Memorandum from Manager Records and Governance dated 7 February 2017 clarifying that Council need only elect a new alternative representative in the event that Councillor Fornari-Orsmond is elected as the new (primary) representative.

GB.9 – Turramurra Community Hub Masterplan and Rezoning aand Reclassification of 1275 Pacific Highway Turramurra

Email from Contract Urban Designer dated 7 February 2017 with late submission attached.

03

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 6 December 2016

Minutes numbered 320 to 344

Resolved:

(Moved: Councillors McDonald/Pettett)

That Minutes numbered 320 to 344 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

04

2017 Australia Day Honours and Citizen of the Year Awards

File: S07765/8

Vide: MM.1

I am pleased to inform you that 12 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2017 Australia Day Honours.

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

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

David Timothy CHEN  OAM  of Killara, for service to medicine, and to professional associations

Michael John McEWEN  OAM  of St Ives, for service to the community through a range of organisations

Helen Elaine MILLER  OAM  of Turramurra, for service to veterans and their families

Yair Phillip MILLER  OAM  of St Ives, for service to the community through a range of organisations, and to interfaith relations

Susan Lesley NURSE  OAM  of Pymble, for service to the Uniting Church in Australia

Geoffrey Thomas PAINTER  AM  of Warrawee, for significant service to medicine in the field of ophthalmology, and to international relations, particularly to eye health in Asia and he Pacific

Richard John SCHLOEFFEL  OAM  of Gordon, for service to medicine in the field of chronic and infectious disease

Owen Bruce SLEE  AM  Late of Turramurra, for significant service to science, particularly in the field of radio astronomy, as a researcher, author and mentor of young scientists

Patricia Whitmore SPOONER  OAM  of North Turramurra, for service to the community through volunteer roles

Tiffany THOMAS KANE  OAM  of Killara, for service to sport as a gold medallist at the Rio 2016 Paralympic Games

Pamela Joy WALKER  OAM  of Pymble, for service to the Uniting Church in Australia, and to pastoral care programs

Adrian Anthony UNGER  OAM  of East Lindfield, for service to people with Parkinson’s disease

I also congratulate Ku-ring-gai’s Citizen of the Year winners for 2017:

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

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

Resolved:

A.   That Council acknowledge the outstanding contribution made by these recipients of 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.

CARRIED UNANIMOUSLY

05

VALE Jean Katie Posen

File: CY00455/5

Vide: MM.2

I would like to take this opportunity to acknowledge the passing of Jean Katie Posen, a longstanding Ku-ring-gai resident and passionate member of our community.

Jean trained and worked as a physiotherapist but in her spare time, devoted herself to a variety of causes affecting Ku-ring-gai.

In particular Jean loved Ku-ring-gai’s environment and architecture and spent many years protecting both.

In 1998, she accepted an invitation to join the Friends of Ku-ring-gai Environment Committee, where she held the position of Minutes Secretary for a number of years. She remained an enthusiastic member of the Friends of Ku-ring-gai until her retirement in 2014.

In 2003, Jean was awarded a Centenary Medal for service to the Ku-ring-gai community – honouring the tenacity with which she spoke out and the way she took action when passion stirred her.

Jean wrote many submissions on planning and environmental issues affecting Ku-ring-gai and also wrote regular letters to local newspapers to bring them to the attention of the wider community. For years, Jean kept scrapbooks of newspaper clippings about planning issues affecting the local area. These scrapbooks are now being held by the Ku-ring-gai Historical Society.

Jean was also devoted to her family. Married for 61 years to Professor Sol Posen, she was a loving mother to Jennifer, James, Mark and Timothy and grandmother to her seven grandchildren.

My colleagues on Council will fondly remember Jean’s wonderful sense of humour, for she was never afraid to have a laugh at her own expense.

Jean lived a life devoted to speaking up for those causes she believed in and she served her community with unswerving dedication.

We acknowledge and thank Jean Posen for her tireless contribution to the Ku-ring-gai community and we express our sincere condolences to her family.

Resolved:

A.      That the Mayoral Minute be received and noted.

B.      That we stand for a minute’s silence to honour Jean Posen.

C.      That the Mayor write to Mrs Posen’s family and encloses a copy of the Mayoral Minute

CARRIED UNANIMOUSLY

06

Request for Concrete Footpath on Junction Road Wahroonga

File: 88/05589/01

Vide: PT.1

“We, the undersigned, request the Mayor and Councillors of Ku-ring-gai to consider building a concrete sidewalk on Junction Road, Wahroonga – specifically from 105 Junction Road to 33 Junction Road (Junction Road and Grosvenor Street) during the next year. (Thirty Five [35] Signatures)

We do not know why the Council has not built a sidewalk on our side of Junction Road, as this is a busy street with cars driving by on an ongoing basis, with bus stops, and with senior housing next to our house. We can think of a number of reasons why building a sidewalk is important, our top five reasons are:

1.   Sidewalks provide a safe and level walkway – especially during wet weather and for people using wheelchairs, the elderly, or people pushing a cart of stroller.

2.   Sidewalks provide safe places for children to walk from and to schools and school bus stops.

3.   Sidewalks improve the ability for people to get around by providing ways for them to get wherever they need to go: work, parks, schools, shopping areas, transit stops, and home without using cars (sidewalks benefits less traffic and reduced noise).

4.   Sidewalks enhance the appearance of individual properties, neighbourhoods, and the entire community.

5.   Sidewalks help protect property frontage from damage due to erosion and parking.

Of course, walking is the most democratic way to get around. It is the oldest mode of transport, it’s free, and it may even help us burn a few calories. We hope the Council supports our desire to shift back to pedestrian – friendly streets. We firmly believe enhancing the quality of sidewalks not only attracts more pedestrians, but also helps to enjoy public spaces more where people want to spend time outdoors.”

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

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

CARRIED UNANIMOUSLY

07

Investment Report as at 30 November 2016

File: S05273

Vide: GB.1

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

Resolved:

(Moved: Councillors McDonald/Pettett)

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.

CARRIED UNANIMOUSLY

08

Review of Council's Investment Policy

File: S05273

Vide: GB.2

To review and adopt Council's revised Investment Policy.

Resolved:

(Moved: Councillors McDonald/Pettett)

That the attached revised Investment Policy be adopted by Council.

CARRIED UNANIMOUSLY

09

Investment Report as at 31 December 2016

File: S05273

Vide: GB.3

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

Resolved:

(Moved: Councillors McDonald/Berlioz)

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.

CARRIED UNANIMOUSLY

10

Business Approved under Authority Delegated to the Mayor, Deputy Mayor and General Manager for the Christmas/New Year recess period 2016/2017

File: CY00259/9

Vide: GB.4

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

Resolved:

(Moved: Councillors McDonald/Szatow)

That Council receives and notes the report.

CARRIED UNANIMOUSLY

11

Election of Council Representative on  Ku-ring-gai Youth Development Service (KYDS) Committee

File: S03662

Vide: GB.5

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.

Resolved:

(Moved: Councillors McDonald/Pettett)

That Council appoints  Councillor Fornari–Orsmond as its representative on the KYDS Management Committee.

CARRIED UNANIMOUSLY

(Moved: Councillors McDonald/Fornari-Orsmond)

That Council appoints The Mayor Councillor Anderson as its  alternate representative on the KYDS Management Committee.

CARRIED UNANIMOUSLY

12

2017 MAV Smart Futures National Conference: Building Liveable, Walkable, Sustainable Communities

File: FY00581/2

Vide: GB.6

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

Resolved:

(Moved: Councillors McDonald/Pettett)

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

CARRIED UNANIMOUSLY

13

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

File: DA0158/16

Vide: GB.7

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

Resolved:

(Moved: Councillors McDonald/Pettett)

That Council as the consent authority, grant development consent to Development Application DA0158/16 for 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 on land at 1 Milray Street and 12 and 14 Kochia Lane, Lindfield subject to Conditions. Pursuant to Section 95(2) of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within two years of the date of the Notice of Determination.

Conditions that identify approved plans:

1.     Approved architectural plans and documentation (new development)

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

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

2.     Inconsistency between documents

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

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

3.     Approved landscape plans

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

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

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

4.     Asbestos works

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

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 Milray Street and Kochia Lane 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.     Dilapidation survey and report (private property)

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

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

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

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

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

9.     Construction and traffic management plan

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

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

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

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

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

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

·           Demolition

·           Excavation

·           Concrete pour

·           Construction of vehicular crossing and reinstatement of footpath

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

·           Pedestrian safety measures to be shown.

The use of Kochia Lane during all stages of construction activity is not supported. Given the narrow width of the laneway and disruption to residential driveways and school play area, it is required that the CTMP show a temporary driveway off Milray Street in the location of the new driveway access for the use of construction related vehicles. 

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

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

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

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

10.   Work zone

A works zone shall be provided along the Milray street frontage. The applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone and 'No Parking' restriction. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.

A ‘No Parking’ restrictions shall be introduced along the site frontage of Milray Street adjacent to the driveway crossing to ensure pedestrian safety and providing vehicle sightlines.

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.

11.   Sediment controls

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

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

Reason:         To preserve and enhance the natural environment.

12.   Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off as detailed within Appendix 6 (Tree Protection Plan) DWG No. T16-030702 within the arboricultural impact assessment report by Earthscape Horticultural services dated July 2016 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 protective fencing type galvanised mesh

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

Reason:       To protect existing trees during construction phase.

14.   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.

15.   Tree protection mulching

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

Reason:         To protect existing trees during the construction phase.

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 (eg rumble boards) between the specified tree protection fencing and the basement footprint of the following tree/s is 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.

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

18.   Lot consolidation

Prior to the commencement of works, the applicant must consolidate Lot X within DP 406932, Lot 1 and Lot 2 within DP 1182693 which will form the development site. Evidence of lot consolidation, in the form of a plan registered with Land and Property Information, must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

Reason:         To facilitate the orderly development of land.

19.   Privacy

Amended plans and specifications are to be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate showing the following:

·           The living room window in the eastern elevation of Townhouse 16 at second floor shall be a highlight window with a sill height of 1.6 metres above the finished floor level

·           A 600mm high screen on top of the balustrade to the second storey balcony of Townhouse 16 shall be provided. The screening should be similar to that shown on Block A & B East Elevation on drawing DA04[6].

Reason:         To maintain visual privacy to neighbouring properties.

20.   Amendments to approved landscape plan

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

The above landscape plan(s) shall be amended as follows:

·           The proposed avenue planting of Elaeocarpus reticulatus (Blueberry Ash) adjacent to the Kochia Lane/south-east site frontage shall be amended to alternate plantings of Pyrus usseriensis (Manchurian Pear) and Lagerstroemia indica (Crepe Myrtle) with a minimum pot size of 45 litres at planting.

·           Three 45 litres Pyrus calleryana ‘Capital’ shall be planted at equal spacing within the north-eastern setback mid-way between the building and site boundary.

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.

21.   Long service levy

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

Reason:         Statutory requirement.

22.   Builder’s indemnity insurance

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

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

Reason:         Statutory requirement.

23.   Outdoor lighting

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

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

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

24.   Air drying facilities

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

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

Reason:         Amenity & energy efficiency.

25.   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.

26.   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.

27.   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, Townhouses 4 and 14, are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.

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

Reason:         Disabled access & amenity.

28.   Location of plant (multi dwelling buildings)

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

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

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

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.   Driveway grades - basement carparks

Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement floor level. The traffic engineer shall provide specific written certification on the plans that:

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

·           all changes in grade (transitions) comply with Australian Standard 2890.1 -“Off-street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles. 

If a new driveway crossing is proposed, the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application.

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

31.   Basement car parking details

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

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

·           a clear height clearance of 2.6 metres (Volume C Part 23.7 of the Local Centres DCP for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement

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

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

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

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

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

·           A new concrete footpath along the Kochia Lane site frontage in accordance with Council's standard drawing 2003-004 Rev.'B'.

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.

33.   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.

34.   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.

35.   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):

36.   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.

37.   Section 94 Contributions - Centres.

        (For DAs determined on or after 19 December 2010)

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

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

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

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

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

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

38.   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.

39.   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.

40.   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.

41.   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.

42.   Engineering fees

For the purpose of any development related inspections by Ku-ring-gai Council engineers, the corresponding fees set out in Councils adopted Schedule of Fees and Charges are payable to Council. A re-inspection fee per visit may be charged where work is unprepared at the requested time of inspection, or where remedial work is unsatisfactory and a further inspection is required. Engineering fees must be paid in full prior to any final consent from Council.

Reason:         To protect public infrastructure.

43.   Statement of compliance with Australian Standards

The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The work plans required by AS2601: 2001 shall be accompanied by a written statement from a suitably qualified person that the proposal contained in the work plan comply with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the satisfaction of the Principal Certifying Authority prior to the commencement of any works.

Reason:         To ensure compliance with the Australian Standards.

44.   Construction noise

During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with the recommendations of the approved noise and vibration management plan.

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

45.   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.

46.   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.

47.   Post-construction dilapidation report

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

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

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

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

Reason:         Management of records.

48.   Compliance with submitted geotechnical report

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

Geotechnical aspects of the development work, namely:

·           appropriate excavation method and vibration control

·           support and retention of excavated faces

·           hydro-geological considerations

must be undertaken in accordance with the recommendations of the Geotechnical Assessment prepared by JK Geotechnics Ref. 29157Zrpt, dated 4 March 2016. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).

Reason:         To ensure the safety and protection of property.

49.   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.

50.   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.

51.   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.

52.   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.

53.   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.

54.   Construction signage

All construction signs must comply with the following requirements:

·           are not to cover any mechanical ventilation inlet or outlet vent

·           are not illuminated, self-illuminated or flashing at any time

·           are located wholly within a property where construction is being undertaken

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

·           are restricted to one such sign per property

·           do not exceed 2.5m²

·           are removed within 14 days of the completion of all construction works

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

55.   Maintenance period for works in public road

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

Reason:         To protect public infrastructure.

56.   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.

57.   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.

58.   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.

59.   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.

60.   Arborist’s report

The tree/s to be retained shall be inspected, monitored and treated by a qualified Arborist during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the Arborist to the Principal Certifying Authority are required at the following times or phases of work:

Reason:         To ensure protection of existing trees.

61.   Trees on nature strip

Removal/pruning of the following tree/s from Council's nature strip to permit vehicular access shall be undertaken at no cost to Council by an experienced tree removal contractor/arborist holding public liability insurance amounting to a minimum cover of $20,000,000:

Reason:         To ensure protection of existing trees.

62.   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 AQF3 Arborist/Horticulturist under the direct supervision of an AQF5 arborist. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason:         To protect existing trees.

63.   Cutting of tree roots

No tree roots of 30mm or greater in diameter located within the specified radius of the trunk/s of the following tree/s shall be severed or injured in the process of any works during the construction period.  All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees:

Reason:         To protect existing trees.

64.   Approved tree works

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

All trees shall be clearly tagged and identified consistent with the Arboricultural Impact Assessment Report by Earthscape Horticultural services dated July 2016.

Removal or pruning of any other tree on the site is not approved.

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

65.   Excavation near trees

No mechanical excavation shall be undertaken within the specified radius of the trunk/s of the following tree/s until root pruning by hand under the direct supervision of the Project Arborist along the perimeter line of such works is completed:

Reason:         To protect existing trees.

66.   Hand excavation

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

Reason:         To protect existing trees.

67.   Thrust boring/directional drilling

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

Reason:         To protect existing trees.

68.   No storage of materials beneath trees

No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.

Reason:         To protect existing trees.

69.   Tree removal on nature strip

Following removal of T3, T4 and T5 from Council's nature strip, the nature strip shall be rehabilitated to the satisfaction of Council’s Landscape Assessment Officer at no cost to Council.

Reason:         To protect the streetscape.

70.   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.

71.   Replenishment trees to be planted

The 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.

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

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

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

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

·           certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area.

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

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

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

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

73.   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:

74.   Easement for waste collection

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

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

75.   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. 715306M_07 and dated 30 October 2016 have been complied with.

Reason:         Statutory requirement.

76.   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.

77.   Retention and re-use positive covenant

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Council’s Local Centres DCP Volume C Part 24R.8). 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.

78.   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 Local Centres DCP Volume C Part 24C.5 respectively, have been achieved

·           retained water is connected and available for use

·           basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Ku-ring-gai Local Centres DCP Volume C Part 24R.6

·           all grates potentially accessible by children are secured

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

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

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

Reason:         To protect the environment.

79.   WAE plans for stormwater management and disposal

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

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

·           gradients of drainage lines, materials and dimensions

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

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

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

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

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

·           dimensions of the discharge control pit and access grates

·           the maximum depth of storage possible over the outlet control

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

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

Reason:         To protect the environment.

80.   Basement pump-out maintenance

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

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

Reason:         To protect the environment.

81.   OSD positive covenant/restriction

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

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Council’s Local Centres DCP Volume C Part 24R.8). 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.

82.   Sydney Water Section 73 Compliance Certificate

Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority

Reason:         Statutory requirement.

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

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

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

·          the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 – 2004 “Off-Street car parking" and the Seniors Living State Environment Planning Policy in terms of minimum parking space dimensions

·          finished driveway gradients and transitions will not result in the scraping of the underside of cars

·          no doors, gates, grilles or other structures have been provided in the access driveways to the basement carpark, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area

·          the vehicular headroom requirements of:

-      Australian Standard 2890.1 – “Off-street car parking”,

-      The Seniors Living SEPP (as last amended) for accessible parking spaces,

-      2.6 metres height clearance for waste collection trucks (refer DCP 40) are met from the public street into and within the applicable areas of the basement carpark.

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

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

84.   Reinstatement of redundant crossings and completion of infrastructure         works

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

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

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

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

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

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

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

Reason:         To protect the streetscape.

85.   Construction of works in public road - approved plans

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

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

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

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

86.   Infrastructure repair

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

Reason:         To protect public infrastructure.

Conditions to be satisfied at all times:

87.   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.

88.   Car parking

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

·           restrictive covenant placed on title pursuant to Section 88B of the Conveyancing Act, 1919

·           restriction on use under Section 68 of the Strata Schemes (Leasehold Development) Act, 1986 to all lots comprising in part or whole car parking spaces

Reason:         To ensure adequate provision of visitor parking spaces.

CARRIED UNANIMOUSLY

14

Planning Proposal - Rezoning 21 Lorne Avenue, Killara

File: S11257

Vide: GB.8

For Council to consider a Planning Proposal for 21 Lorne Avenue, Killara.

Resolved:

(Moved: Councillors McDonald/Citer)

A.   That the Planning Proposal to rezone 21 Lorne Avenue, Killara be sent to the Department of Planning and Environment for a Gateway Determination.

B.   That prior to being sent for a Gateway Determination, the Planning Proposal be amended by the applicant as outlined in the body of this report.

C.   That Council requests the plan-making delegation under Section 23 of the Environmental Planning and Assessment Act 1979 for this Planning Proposal.

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

E.   That a report be brought back to Council at the conclusion of the exhibition period.

CARRIED UNANIMOUSLY

15

Fitzsimons Lane Gordon - Draft Voluntary Planning Agreement for 904-914 Pacific Highway Gordon - Post Exhibition Report

File: S10147

Vide: GB.10

To report back following the exhibition of the Draft Planning Agreement for 904-914 Pacific Highway Gordon.

Resolved:

(Moved: Councillors McDonald/Szatow)

A.   That Council resolve to enter into the Planning Agreement with WN Developments Pty Ltd as specified within Attachment A1 to facilitate the dedication of land for the purposes of widening Fitzsimons Lane Gordon.

B.   That the Council grant delegation to the General Manager and Mayor to execute the Planning Agreement, under Common Seal.

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

D.   That delegation be granted to the General Manager or his delegate to authorise any minor changes to the survey drawing and associated administration sheets to ensure the objectives of the VPA are fulfilled in the most practical and efficient manner.

E.   That the Planning Agreement register be updated to include the Planning Agreement for 904-914 Pacific Highway Gordon on execution.

CARRIED UNANIMOUSLY

16

Tender T06/2016 - NTRA Sportsfield Car Park and Landscape Works

File: S10894/2

Vide: GB.11

To consider the tenders received for the construction of NTRA Sportsfield Car Park and Landscape works and appoint the preferred tenderer.

Resolved:

(Moved: Councillors McDonald/Szatow)

A.   That Council accept the tender submission from Tenderer ‘A’ to carry out the construction of the NTRA Sportsfield Car Park and Landscape works, Bobbin Head Road, North Turramurra.

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

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

D.   That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.

CARRIED UNANIMOUSLY

17

Council Sponsorship -Turramurra Rotary Graffiti Removal Program 2016/2017

File: S05650

Vide: GB.12

To seek Council’s endorsement to provide additional funding to Turramurra Rotary for the cleaning of graffiti from business and private property in the Turramurra and St Ives area.

Resolved:

(Moved: Councillors McDonald/Szatow)

That Council approve the request from Turramurra Rotary for $5,000 with funds to be provided from the Building Maintenance Recurrent Budget.

CARRIED UNANIMOUSLY

18

Turramurra Community Hub Masterplan and Rezoning & Reclassification of 1275 Pacific Highway, Turramurra

File: S09969

Vide: GB.9

For Council to consider the feedback following the public hearing for the Planning Proposal to rezone and reclassify Council owned land at 1275 Pacific Highway, Turramurra and for Council to adopt the Turramurra Community Hub Master Plan.

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

M Burgess

S Marshal

C Zvirblis

J Harwood

D Warner

K Piper

C Smallbone

Resolved:

(Moved: Councillors Fornari-Orsmond/Pettett)

A.   That Council adopts the Planning Proposal to amend the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 to rezone and reclassify Council owned land at 1275 Pacific Highway, Turramurra.

B.   That the Planning Proposal be submitted to the Department of Planning and Environment in accordance with Section 59 of the Environmental Planning and Assessment Act 1979, and the Greater Sydney Commission be requested to make the plan.

C.   That those who made submissions be notified of Councils decision.

D.   Council adopt the Turramurra Community Hub Master Plan as described in this report and attached and in summary includes:

I.    a Community Building comprising a community centre and branch library located adjoining the proposed town square site with a total area of  - minimum 3000sqm;

II.   open space (linear/leisure gardens) – 2780sqm;

III.  town square – 2300sqm;

IV.  residential – 18,600sqm;

V.   retail – 6,360sqm; and

VI.  streetscape improvements – Forbes Lane, Ray Street and William Street.

E.   That Section B, Part 14 1B – Turramurra Centre of Ku-ring-gai Local Centres Development Control Plan be amended to be consistent with the Council’s adopted master plan.

F.   That the draft amendment to the Ku-ring-gai Local Centres Development Control Plan be placed on public exhibition in accordance with the requirements of the EP&A Act 1979 and Regulations.

G.   That a report be brought back to Council after the exhibition.

H.   Council proceed to the next phase of the Turramurra Community Hub project which involves the preparation of a business case and investigation of preferred delivery method.

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

Against the Resolution:         Councillors Citer, Armstrong, Berlioz and Szatow

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

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

Against the Amendment:       Councillors Citer, Armstrong, Berlioz and Szatow

The Original Motion was:

(Moved: Councillors Berlioz/Szatow)

A.      That 1275 Pacific Highway Turramurra be retained as a public park, zoned RE1 and classified Community.

B.     That those who made submissions and the Greater Sydney Commission be informed of Council’s decision.

C.     That a report be brought back to Council adjusting the Turramurra Community Hub Masterplan to exclude any development on or under the Turramurra Village Park. This Masterplan should include:

1. A Community Building comprising a Community Centre and Branch Library located adjoining to the Town Square site with a total area of a minimum of 3,000 sq m.
2. Open space (linear/leisure gardens) up to 2780sq m.
3. Town Square- 2300 sq m
4. Residential – 18,600 sq m
5. Retail 6,360 sq m
6. Streetscape improvements Forbes Lane, Ray Street and William Street

D.     That section B Part 14 1B – Turramurra Centre of Ku-ring-gai Local Centres Development Control Plan be amended if necessary to be consistent with Council’s adopted master plan.

E.      That the Draft Amendment showing retention of the park as open space be placed on exhibition if necessary in accordance with the requirements of the EP&A Act 1979 and Regulations.

F.      That a report be brought back to council after the exhibition if the exhibition is necessary.

G.     That a briefing be held in the evening at a time which suits most Councillors to discuss financial implications of the masterplan and funding options. This to be within one month.

That council proceed to the next phase of the Turramurra Community Hub project which involved the preparation of a business case and investigation of the preferred delivery method.

19

Councillor Workshop - Bell's Resort Killcare

File: CY00436/5

Vide: QN.1

Question Without Notice from Councillor David Citer.

Resolved:

In July 2016, around about 700,000 residents watched a report on Channel 9 news by political journalist Chris O’Keefe. The report rang some alarm bells in relation to the fact Ku-ring-gai Council had spent about $130,000.00 on staff and Councillor conferences at the Bell’s Resort at Killcare.

As more and more Australian residents become disillusioned with the perks and wroughts (sic) by our politicians, why has the Mayor chosen to hold yet another conference at Bell’s Resort between 8 and 10 February 2017?

Surely this money which, I believe could be about  $20,000 to $30,000, could be better spent on perhaps fixing some of our roads, for example on Kokoda Avenue in Wahroonga. I am not the ward councillor in Wahroonga but a number of residents have mentioned that, and I had a look at Kokoda Avenue on the weekend, and it actually resembles the Kokoda track, and I have been told by Council it will not be resurfaced until 2020.

So, that is just an example I think of how the money could better spent. I also did say to Madam Mayor that I would be happy to actually have this workshop at Ku-ring-gai Council and give up my weekend, so I am just wondering why you are going ahead with the conference?

Answered by Mayor

The Mayor, Councillor Jennifer Anderson advised that council staff broached the topic with all Councillors prior to confirming our regular workshop. I note you (Councillor Citer) did not respond negatively opposing the workshop and when all comments were received from Councillors the decision was made to proceed because there was not an objection raised by Councillor Citer and the majority of Councillors were committed to proceeding with this workshop, that is an annual strategic planning workshop.

Personally, I believe, and I think as do most councils, that the opportunity for all councillors to be together for several days of important strategic planning is essential and beneficial to the outcomes that Ku-ring-gai Council has achieved and is achieving on an ongoing basis.

This is not the same as state and federal government, indeed a large number of our councillors hold full time jobs in other fields and it is extremely difficult for them to be able to take time out from their other commitments. This is one opportunity where they dedicate a block of time if they possibly can to do that with us. I think the money is well spent to achieve that outcome, and I, like many Councillors do not make their decisions based on Channel 9 reporting.

20

Update on Boundary Road and Pacific Highway Roadworks

File: 88/05172/01

Vide: QN.2

Question Without Notice from Councillor David Armstrong.

I would like to get an update on the roadworks on the corner of Boundary Road and Pacific Highway.

Answered by Director Operations

The Director Operations advised he would take the question on notice and provide a response to Councillors.

21

Shade Sails for Play Equipment

File: S10422

Vide: QN.3

Question Without Notice from Councillor Chantelle Fornari-Orsmond.

Several years ago I raised concerns about newly installed play equipment, in particular, metal slippery slides, where children get burnt, my daughter go so burnt at the one at Turramurra she ended up in tears.

At the time I did talk to one of the council staff and was there was certain regulation around slippery slide, but with the new park that has gone in, many comments through the North Shore Mums and on Ku-ring-gai’s own Facebook page is the concern of why aren’t we putting sail shades over these new equipment, so even though I raised it three or four years ago I think it is something that we will have to look into if staff could let us know or get back to us, if it is a costing issue we should consider it being built into the new facilities.

Answered by Director Strategy & Environment

The Director Strategy & Environment advised he would take that and the Director Operations may wish to supplement it. He assumed that Councillor Fornari-Orsmond was referring to the new playground at Koola Reserve. We are waiting on the shade sail to be installed in that park and knowing full well that slide is currently in the sun and we have a time issue.

It is fair to say that the reason we use metal slides as opposed to plastic slides is unfortunately the plastic slides in circumstances have been burnt down, particularly during school holidays with bored kids. And in terms of retrofitting all our parks with shade sails back to the envelope calculation a couple of years ago ran into $30m odd to retrofit, so it is a budgetary issue, where we can we try to pick appropriate equipment, down at Koola there are quite a lot of trees but not a lot of cover over where we put the equipment, and it’s a couple of weeks before the shade sail gets installed. 

22

Mayor's Support for Rescission Motion - Legal Action - Merger

File: S09638

Vide: QN.4

Question Without Notice from Councillor David Citer.

Several months ago you supported a rescission motion concerning the merger legal action against the State Government and that was with Councillor Pettett, Councillor Ossip and Councillor Fornari-Orsmond. Last week you indicated to the Daily Telegraph that you will continue to support the standing resolution to pursue legal action against the State Government concerning amalgamations.

Could you please explain to the residents of Ku-ring-gai why you have changed your thinking on this issue since you supported that decision, and what is your current stance on Council amalgamations?

Is your changed of stance just an act of political grandstanding rather than a vote to stop the wastage of rate payers’ money, which I believe now to be in excess of about $1m once you take into account staff salaries, the media campaign and also our legal fees?

Answered by The Mayor

The Mayor, Councillor Jennifer Anderson responded: ‘firstly, I think it is completely inappropriate to discuss the costs of our legal action, or guess on them, it is not in Council’s interest when we’re still in the midst of a case, to be releasing information to any parties about our costs to date.

I do not believe my stance has changed at all, I was party to a rescission to try and stop the costs which I thought was going to be futile legal action. As you quite rightly said though, there wasn’t the support at the time of that rescission which was lost.

I support any standing resolution of council once its made, when a majority of the councillors make a decision it has to stand. So it is not a matter of me supporting it, its a matter that it is a standing resolution and no councillor has told me that their position has changed, in regard to that decision at the time.

I will also point out that at this eleventh-hour we are in court next week, the money that I thought to have saved has been spent, the appeal is ready to go to court next week. It is not a matter of saving any money at this point.’

23

Misquote in North Shore Times (referred to in QWN 6 December 2016)

File: S09878

Vide: QN.5

Question Without Notice from Councillor Cheryl Szatow.

The last meeting of Council of last year I did ask you (the Mayor) a question to you and the answer you said you would be happy to provide a more fulsome report in writing. That was with regard to the article in the North Shore Times 2 December 2016 where I considered you misquoted a letter from the Department of Planning and Environment about the Culworth Avenue carpark Killara.

So what I would like to seek now is, my question without notice is, would provide a more fulsome report in writing?

Answered by The Mayor

The Mayor, Councillor Jennifer Anderson responded - certainly Councillor Szatow.

24

Marian Street Theatre letter from Mayor to Paul Fletcher, MP

File: S10095/4

Vide: QN.6

Question Without Notice from Councillor Cheryl Szatow.

My second question without notice refers to a question I did ask on 6 December 2016 regarding the Marian Street Theatre, the letter you wrote to Paul Fletcher, MP in which you said there had been an independent heritage assessment in 2015 that had been carried out at the theatre, that did not recommend a local heritage listing.

I asked you who wrote this independent report and asked you to furnish the report to Council within the week to date, it hasn’t been located.

So I ask you again, please would you provide me and with Council a copy of that report?

Answered by The Mayor

The Mayor, Councillor Jennifer Anderson, advised that the report has not been located but we have been continuing to look.

25

Reimbursement of costs to attend Councillor Workshops by Councillor Citer

File: CY00436/5

Vide: QN.7

Question Without Notice from Councillor Chantelle Fornari-Orsmond.

Just touching on what Councillor Citer has been saying in regards to Bell’s.

Councillor Citer has publicly stated his concerns on Councillors and staff attending strategy workshops. I do note that Councillor Citer has attended all of them since our election in 2012.

Since he has major concerns on the expenditure, will he be reimbursing Council for all of the ones he attended?

Answered by Councillor Citer

Councillor Citer responded by saying in his wildest dreams he would never have expected the bill would have come to $130,000 over four years.

The other thing he would like to say is how many times do you recollect that he actually took his partner up to Bell’s, which actually didn’t occur.

The other thing is, he went up to those conferences with the knowledge that he was undertaking training which is what occurred. Obviously, when it came out that $130,000 had been spent, he was quite appalled at that. I think that is out of touch with the residents of Ku-ring-gai. Residents of Australia are getting more and more disillusioned with politicians, and, wanted to just make this statement that no staff member from Ku-ring-gai Council ever asked him for his opinion as to whether this workshop at Bell’s should take place.

The Mayor, Councillor Jennifer Anderson interjected saying ‘that is incorrect’.

Councillor Citer responded ‘that was not incorrect’.

The Mayor, Councillor Jennifer Anderson advised Councillor Citer she has the emails.

Councillor Citer advised he was never consulted, he received an email saying it was taking place, he never received an email saying do you think it should take place. Saying of course, had he been asked that question he would have said – no way.

Councillor Citer said if the staff could show him that email he would be more than happy to accept it, but he has looked through his emails and he has never been asked that question.

Council Citer said to Madam Mayor, he is quite happy to take up this training and give up his weekend here at Council Chambers, and he also asked the other councillors to think about that as well. He just does not believe we should be wasting ratepayers money.

Councillor Fornari-Orsmond interjected – saying that her question was ‘will he be reimbursing the costs?’

Councillor Citer advised he would be more than happy to reimburse any costs that he has encumbered up at Bell’s, which the ratepayers of Ku-ring-gai have had to pay.

The Mayor, Councillor Jennifer Anderson advised that the emails can be sent to Councillor Citer because as she recalls they were sent to every single councillor and she doesn’t believe there was a reply back from himt to them at all.  All councillors were given the opportunity to comment whether they thought it was appropriate for it to proceed or not, and the workshops are not just training, sometimes they are training especially early on in the term of a council.

And, in terms of giving up your weekend (Councillor Citer) you must appreciate that our staff are employees, as are the consultants, that come to the workshops, and they don’t work on weekends, we have to have them mid-week.

Ordinary Meeting of Council - 28 February 2017

MM.1 / 61

Item MM.1

S10840

17 February 2017

Recommendation:

That staff investigate increasing underground short term parking spaces while maintaining the proposed commuter parking spaces.

Jennifer Anderson

Mayor

Ordinary Meeting of Council - 28 February 2017

PT.1 / 63

Item PT.1

S05692

9 February 2017

Recommendation:

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

Ordinary Meeting of Council - 28 February 2017

GB.1 / 64

Item GB.1

S10577/2

13 February 2017

purpose of report:

To provide Council with the results of an independent probity and risk review of the Save Marian Street Theatre Business Plan.

background:

The Save Marian Street Theatre Committee presented Council with a business plan to raise funds to restore the theatre.  Council resolved to obtain an independent probity and risk review of the business plan.

comments:

This report identifies an inconsistent policy position in relation to the provision of theatre facilities in the Ku-ring-gai local government area that should be resolved prior to proceeding with fundraising to restore the Marian Street Theatre.  Should Council resolve to proceed with the refurbishment and re-opening of the Marian Street Theatre, this report has identified a range of steps for Council to take to manage the various risks and probity issues.

recommendation:

As per the recommendations from the O’Connor Marsden probity and risk review, and prior to Council determining whether to proceed with the Save Marian Street Theatre fundraising initiative, it is recommended that Council resolve its intention for the future use of the Marian Street Theatre site and theatre facilities in Ku-ring-gai.

In order to make an informed decision, it is therefore recommended that a business case be prepared assessing the available options for theatre in Ku-ring-gai, including but not limited to those options identified in the O’Connor Marsden report 9 February 2017.

A report be brought to Council on the scope and indicative costs of undertaking the recommended business case.

Recommendation:

A.   As per the recommendations from the O’Connor Marsden probity and risk review, and prior to Council determining whether to proceed with the Save Marian Street Theatre fundraising initiative, Council should resolve its intention for the future use of the Marian Street Theatre site and theatre facilities in Ku-ring-gai.

B.   In order to make an informed decision, a business case be prepared assessing the available options for theatre in Ku-ring-gai, including but not limited to those options identified in the O’Connor Marsden report 9 February 2017, and a report be brought to Council on the scope and indicative costs of undertaking the recommended business case.

Janice Bevan

Director Community

David Marshall

Director Corporate

Attachments:

A1

Probity and Risk Review - O'Connor Marsden - Save Marian Street Theatre Business Plan

2017/042381

APPENDIX No: 1 - Probity and Risk Review - O'Connor Marsden - Save Marian Street Theatre Business Plan

Item No: GB.1

Ordinary Meeting of Council - 28 February 2017

GB.2 / 81

Item GB.2

S05273

15 February 2017

purpose of report:

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2016.

background:

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

comments:

For the six months ended 31 December 2016, Council’s legal and associated payments in relation to the Land and Environment Court were $399,523. This compares with the annual budget of $1,063,600.

recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 31 December 2016 be received and noted.

Financial year

Number of appeals received (whole year)

2012/2013

25

2013/2014

16

2014/2015

31

2015/2016

38

2016/2017 (as at 31 Dec 2016)

24

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 31 December 2016 be received and noted.

Tony Ly

Financial Accounting Officer

Jamie Taylor

Corporate Lawyer

David Marshall

Director Corporate

Michael Miocic

Director Development & Regulation

Attachments:

A1

Individual Case Summary December 2016 - Land and Environment Court Costs

2017/041781

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

Item No: GB.2

Ordinary Meeting of Council - 28 February 2017

GB.3 / 96

Item GB.3

S05273

15 February 2017

purpose of report:

To present Council’s investment portfolio performance for January 2017.

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 January 2017 was $2,611,000 against a revised budget of $2,533,000 giving a YTD favourable variance of $78,000.

recommendation:

That the summary of investments performance for January 2017 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 January 2017 be received and noted.

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1

Investments definitions specific to Council’s investment portfolio

2016/124274

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

Item No: GB.3

Ordinary Meeting of Council - 28 February 2017

GB.4 / 105

Item GB.4

S09112/6

19 January 2017

purpose of report:

To inform Council of the results of the 2^nd quarter budget review of 2016/17 and seek approval to adjust the annual budget based on the actual financial performance and trend for the period 1 July 2016 to 31 December 2016.

background:

Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current (2016/17) financial year.

comments:

Budget adjustments proposed in this review will increase the forecast operating surplus (including capital items) by $694k compared to revised budget.  This is primarily due to increased capital grants, user fees and other revenue partly offset by increases in expenditure.  When excluding capital income, the net operating result will increase by $123k, primarily due to increased fee income.

The forecast working capital balance at 30 June 2017 is projected to decrease slightly below the Long Term Financial Plan target of $4.7m.

recommendation:

That Council receive and note the December 2016 Quarterly Budget Review and that the recommended changes to the 2016/17 budget be adopted.   

Recommendation:

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

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1

Attachment A1 - Restricted Assets Report - December 2016

2017/041606

A2

Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - December 2016

2017/041834

APPENDIX No: 1 - Attachment A1 - Restricted Assets Report - December 2016

Item No: GB.4

APPENDIX No: 2 - Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - December 2016

Item No: GB.4

Ordinary Meeting of Council - 28 February 2017

GB.5 / 139

Item GB.5

FY00581/2

9 February 2017

purpose of report:

To advise Council of the 2017 Australian Women’s Leadership Symposium.

background:

The 2017 Australian Women’s Leadership Symposium, hosted by Women and Leadership Australia (WLA), will be held on Tuesday 6 and Wednesday 7 June 2017 at the International Convention Centre, Sydney.

comments:

Women and Leadership Australia (WLA) is a national initiative that encourages the presence of women in business and community leadership roles. WLA believes that women represent an enormously under-utilised national resource, and by supporting a greater percentage of talented women to step up into leadership positions, tremendous cultural and economic benefits will follow.

The 2017 Symposium speaker line-up will showcase Australia’s best and by sharing their skills and knowledge they encourage other women to unlock their strengths and talents. The Symposium program provides an opportunity for participants to mix and converse with speakers.

recommendation:

That any Councillors interested in attending the 2017 Australian Women’s Symposium advise the General Manager by Wednesday, 5 April 2017.

Recommendation:

That any Councillors interested in attending the 2017 Australian Women’s Symposium advise the General Manager by Wednesday, 5 April 2017.

Christine Dunand

Team Leader Governance

David Marshall

Director Corporate

Attachments:

A1

2017 Australian Women's Symposium - Sydney Agenda

2017/024919

APPENDIX No: 1 - 2017 Australian Women's Symposium - Sydney Agenda

Item No: GB.5

Ordinary Meeting of Council - 28 February 2017

GB.6 / 155

Item GB.6

DA0095/16

16 January 2017

Report title:

29-31 Moree Street, Gordon - Demolish existing dwellings and construct 15 town-houses including basement parking and landscaping works

ITEM/AGENDA NO:

GB.6

Application No:

DA0095/16

Property Details:

29-31 Moree Street, Gordon

Lot & DP No: Lots 1 & 2 DP 846768 & Lot 2 DP 212930

Site area (m²): 2338m²          

Zoning: R3 Medium Density Residential

Ward:

Gordon

Proposal/Purpose:

To determine Development Application No. DA0095/16 to demolish existing dwellings and construct 15 town-houses, including basement parking and landscaping works.

Type of Consent:

Local

Applicant:

Moree Terraces Dm

Owner:

Mr Chong Gin Chuah,  Ms Ayako Takusagawa, Mr Julian Lawrence McLeod Fairfield, Ms Misako Nakatsuka-Fairfield, Mr Peter Hanson

Date Lodged:

4 March 2016

Recommendation:

Approval