Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors C Szatow & D Citer (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Acting Director Strategy & Environment (Antony Fabbro) until 7.40pm

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Minutes Secretary (Christine Dunand)

Minutes Secretary (Sigrid Banzer)

Others Present:

Manager Finance (Angela Apostol)

Manager Integrated Planning, Property & Assets (Deborah Silva)

Manager Urban & Heritage Planning (Antony Fabbro)

Project Manager – Major Projects (Nicole Gershel)

141

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Szatow/McDonald)

A       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 the confidential attachment to the following General Business report:

GB.8    259-271 Pacific Highway, Lindfield - Lindfield Library Site

Attachment A1: Valuation of Lindfield Library site

In accordance with s10A(2)(c)

B       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 the following confidential report and its attachment:

C.1      General Manager Performance Review

In accordance with s10A(2)(a)

Attachment A1: GM Performance Agreement - 2017 Annual Report – Final version for report to Council

In accordance s10A(2)(a)

CARRIED UNANIMOUSLY

Late Items:

MM.1     Retirement of Greg Piconi - Director Operations

Mayoral Minute from Mayor, Councillor Jennifer Anderson dated 27 June 2017.

142

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 13 June 2017

Minutes numbered 123 to 140

Resolved:

(Moved: Councillors McDonald/Pettett)

That Minutes numbered 123 to 140 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

143

Queen's Birthday Honours 2017

File: S02767

Vide: MM.1

I am pleased to inform you that 13 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2017 Queen’s Birthday Honours.

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

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

Richard James ALCOCK AO of Warrawee, for distinguished service to the community, particularly through health management roles, and to the law, corporate governance, and higher education organisations

Ian Clifton CARROLL AM of Killara, for significant service to conservation, particularly through management of the built, cultural and natural heritage sector

Valerie Marie DOYLE OAM  of Turramurra, for service to the community through the Australian Red Cross

Joan Helen HARRIS OAM  of Wahroonga, for service to community history

Paul Ronald HEATHER  AM  of North Turramurra, for significant service to the building and construction industry through leadership of professional bodies, and to industry based education

Ian Perry HYMAN OAM  of Warrawee, for service to people with disability

Victoria Eva KVISLE OAM  of Killara, for service to cancer research organisations, and to the community

Robert Allan LOVE AM  of South Turramurra, for significant service to the performing arts, particularly in Western Sydney, as an administrator, and as a supporter of independent artists

Ashak Nanji NATHWANI  AM  of Wahroonga, for significant service to the Ismaili community in Australia, to tertiary education in the area of sustainable design, and to engineering.

David Robert RICHES  PSM     of Lindfield, for outstanding public service to the built infrastructure in New South Wales

Reginald Phillip ST LEON  OAM of Wahroonga, for service to the multicultural community, and to education

Antony John VARRALL  OAM of Turramurra, for service to people with a disability

Ann Myra YOUL OAM  of East Killara, for service to the community through a range of organisations

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

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

Resolved:

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

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

CARRIED UNANIMOUSLY

144

Retirement of Greg Piconi - Director Operations

File: CY00455/5

Vide: MM.2

It is my honour to pay tribute this evening to Council’s Director of Operations, Greg Piconi, who is retiring from his position in early July 2017.

As Mayor, on behalf my Councillor colleagues and the Ku-ring-gai community, I want to thank Greg most sincerely for his devoted service to Ku-ring-gai for the last 15 years.

Greg joined Ku-ring-gai Council in 2002, when the Council was grappling with demands from the NSW Government to provide more housing and infrastructure as part of its overall plan for managing Sydney’s population growth. It was a time of political turmoil and restructuring for the organisation and Greg was the ideal person to take on the responsibility of providing more infrastructure and new facilities for Ku-ring-gai’s expanding community.

Greg was tasked with prioritising and managing the Council’s capital works program. As part of his role, he successfully applied for an infrastructure levy to provide more funding for the significant capital projects the Council needed to deliver. These included a new Council depot, a new headquarters for the SES and RFS and the $27 million redevelopment of the North Turramurra golf course into a multipurpose recreational and sporting area.

Greg’s quiet demeanour partners with a sharp intellect and a distinguished record of public service.

Greg graduated with a degree in civil engineering from the University of New South Wales in 1978 and started work with what was then called the Department of Main Roads as a bridge designer.  He designed a number of bridges, including several over the Sydney to Newcastle motorway and at Tweed Heads.

Greg’s design skills were then tested through work on sections of the Prospect Highway and the connections to the M4 and M5 freeways. During the 1980s he supervised construction of the bridge over the Murray River at Tocumwal, among others, and works on Homebush Bay Drive and Epping Road. Greg oversaw several large and challenging projects including construction of the Gore Hill Freeway and of the bridge over the railway line at Flemington.

In 1992 Greg entered local government by joining Ashfield Council as its Works Manager. At Ashfield he supervised the construction of the new community centre at Summer Hill and the upgrade to the Ashfield Aquatic Centre. These projects would give him an invaluable understanding of building community-based infrastructure.

Since joining the Council in 2002, Greg and his staff have delivered numerous projects, upgrades and new facilities to the Ku-ring-gai community. As Director, Greg has been responsible for managing around 300 frontline employees, whose tasks include maintenance, civil engineering and design, construction, fire safety management and environmental protection works.

I have briefly touched on some of the largest projects Greg has managed in his 15 years at Council. Here is a more comprehensive but by no means inclusive list of projects he has either directly managed or made a significant contribution to behind the scenes. By their breadth they show in a most compelling way how his work has touched the lives of all who live in Ku-ring-gai:

•               Creation of a championship standard 18 hole golf course, three new sportsfields, walking trails, artificial wetlands and new car parks known as the North Turramurra Recreation Area

•               Redevelopment of the former West Pymble Pool into a multipurpose recreational facility known as the Ku-ring-gai Fitness & Aquatic Centre

•               Creation of a new library and youth centre at Gordon

•               Construction of the new headquarters for SES and RFS personnel at Wahroonga

•               Construction of a new Council depot and workshops at Pymble

•               Construction of the Jubes Mountain Bike Trail, baseball diamonds and new playground at Golden Jubilee Oval Wahroonga

•               New parks, playgrounds and sportsfields at Cameron Park, Turramurra; Charles Bean Oval Lindfield; Greengate Park and Koola Park Killara and Lapwing Reserve St Ives

•               Major upgrades to playgrounds, facilities and sportsfields at Wahroonga Park, Bancroft Park, Allan Small Park, Curtilage Park, Turramurra Memorial Park and Warrimoo Oval to name just a few

•               A long term strategy for managing Ku-ring-gai’s community assets such as roads, public buildings and spaces, ensuring that maintenance and upgrades are fully funded in the future.

In his final year as Director, Greg has worked with the senior management team to produce a capital works program of $54 million for the coming year for his successor to implement.

Greg leaves Council secure in the knowledge that his contribution will live on in the buildings, facilities and open spaces that generations of Ku-ring-gai residents will enjoy in the future. Those who have had the pleasure of working with Greg have come to know and respect a man of integrity who confidently and expertly undertakes his responsibilities but who has also never been reticent to review and refine where he can see improved benefits for stakeholders. He truly exemplifies the ethos of service to the community.

On behalf of the Council and our community, I wish Greg a long, happy and fulfilling retirement. We will miss your steady leadership long after you have gone, but you leave with our lasting gratitude and best wishes for this next chapter of your life.

Resolved:

That the above Mayoral Minute as printed be adopted.

CARRIED UNANIMOUSLY

145

Northern Sydney Science Hub

File: S11581

Vide: GB.1

To seek endorsement from Council for Ku-ring-gai Council to become a member of the Northern Sydney Science Hub.

Resolved:

(Moved: Councillors McDonald/Pettett)

That Council endorse membership of the Northern Sydney Science Hub as outlined in this report.

CARRIED UNANIMOUSLY

146

Investment Report as at 31 May 2017

File: S05273

Vide: GB.2

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

Resolved:

(Moved: Councillors McDonald/Armstrong)

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

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

CARRIED UNANIMOUSLY

147

9, 11 & 11A Livingstone Ave, Pymble - Demolition of existing structures and construction of a residential flat development containing 22 units, basement parking and landscaping works

File: DA0115/16

Vide: GB.3

Demolition of existing structures and construction of a residential flat development containing 22 units, basement parking and landscaping works

Resolved:

(Moved: Councillors McDonald/Malicki)

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

A.   THAT Council, as the consent authority, is of the opinion that the request submitted under clause 4.6 of KLEP (Local Centres) 2012 to vary the building height development standard has met the requirements of clause 4.6(4). Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify the variation to the development standard.

AND

B.   THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant deferred commencement development consent to DA0115/16 for the demolition of existing structures and construction of a residential flat development containing 22 units, basement parking and landscaping works on land at 9, 11 & 11A Livingstone Avenue, Pymble. Pursuant to Section 95(6) of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within two years from the date on which the consent becomes operable.

SCHEDULE A: Deferred Commencement – Term(s) to be satisfied prior to the consent becoming operable

Evidence required to satisfy the following condition must be submitted to Council within twenty four (24) months of the date of this consent. This consent will lapse if all deferred commencement conditions are not satisfied within twenty four (24) months of the date of this consent.

Drainage easement (deferred commencement)

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

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

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

SCHEDULE B: Conditions of consent:-

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.     Approved Vegetation Management Plan (VMP)

Vegetation Management Plan works shall be carried out in accordance with the amended Vegetation Management Plan prepared by Keystone Ecological as amended by conditions of this consent.

·           All works detailed within the VMP-revegetation, weed removal, weed techniques, environmental protection measures and proposed planting are to be carried out in accordance with the amended VMP.

·           All noxious and environmental weeds are to be removed from within the VMP area.

·           All works at all times within the Blue Gum High Forest community are to be conducted by a suitably qualified bush regenerator. The minimum qualifications and experience (for bush regenerator) are a TAFE Certificate 2 in Bushland Regeneration and one year demonstrated experience (for other personnel).  In addition, the site supervisor is to be eligible for full professional membership of the Australian Association of Bush Regenerators (AABR).

Reason:         To ensure the protection and enhancement of Blue Gum High Forest and the area of biodiversity significance and riparian lands.

3.     Inconsistency between documents

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

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

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

4.     Lot consolidation

Prior to the commencement of works, the applicant must consolidate Lot C DP 391729, Lot 2 DP 540437 and Lot 1 DP 540437 into one allotment which will form the development site. Evidence of lot consolidation, in the form of a plan registered with the Land and Property Information must be submitted to the Principal Certifying Authority, prior to works commencing.

Reason:       To facilitate the orderly development of land.

5.     Fauna protection

Prior to works commencing and/or tree removal works a qualified ecologist shall investigate trees/vegetation for fauna occupation. 

Prior to the removal of tree/vegetation an ecologist is to install four nest boxes within close proximity to the area in which tree removal is being undertaken. Two medium mammal box and 2 small bird/mammal box are to be installed within indigenous trees to be retained within the site. Nest boxes are to be installed at a height of greater than 5m and positioned on the south-eastern side of trees.

The ecologist shall supervise the relocation of any fauna found within the trees into the installed nest boxes in accordance with appropriate licensing requirements.

The qualified ecologist must hold an Animal Ethics Permit from the Department of Industry & Investment  and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment & Heritage. Evidence of engagement of the qualified ecologist and the required licensing must be provided to the Private Certifying Authority with a copy to Council prior to the trees being removed.

Reason:         To ensure the protection of fauna species.

6.     Project arborist

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

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

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

Reason:         To ensure protection of existing trees.

7.     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 Safe Work NSW.

Reason:         To ensure public safety.

8.     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.

9.     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.

10.   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 Livingstone Avenue over the site frontage, including the full intersection.

·        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.

11.   Archival recording of buildings

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

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

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

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

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

12.   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.

13.   Construction and traffic management plan

The applicant must submit to Council a Construction Traffic Management Plan (CTMP), 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 CTMP applies to all persons associated with demolition, excavation and construction of the development.

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

The report is to contain a site plan showing entry and exit points.  Swept paths are to be shown on the site plan showing access and egress for an 11 metres long heavy rigid vehicle.

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

·             Demolition

·             Excavation

·             Concrete pour

·             Construction of vehicular crossing and reinstatement of footpath

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

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

For safety and amenity, no construction vehicle movements are to occur in Livingstone Avenue during school drop-off (8.00am to 9.30am) and pick up (2.30pm to 4.00pm) times on school days.

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

14.   Erosion and drainage management

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

Reason:         To preserve and enhance the natural environment.

15.   Tree protection fencing

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

Reason:         To protect existing trees during the construction phase.

16.   Tree protection fencing excluding structure

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

Reason:         To protect existing trees during the construction phase.

17.   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.

18.   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.

19.   Tree fencing inspection

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

Reason:         To protect existing trees during the construction phase.

20.   Construction waste management plan

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

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

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

Reason:         To ensure appropriate management of construction waste.

21.   Noise and vibration management plan

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

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

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

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

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

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

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

·          noise and vibration monitoring, reporting and response procedures

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

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

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

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

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

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

22.   CCTV report of existing Council pipe system near works

Prior to the commencement of any works on site, qualified practitioners must undertake a closed circuit television inspection and then report on the existing condition of the Council drainage pipeline traversing the subject property. The report must be provided to Council’s, Development Engineer and is to include a copy of the video footage of the pipeline. A written acknowledgment from Council’s Development Engineer (attesting to this condition being appropriately satisfied) shall be obtained and submitted to the Principal Certifying Authority prior to the commencement of any works on site.

Reason:         To protect Council’s infrastructure.

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

23.   Design amendments

Prior to issue of a Construction Certificate, the following design changes are to be demonstrated on amended plans to the satisfaction of the Certifying Authority:

a)       The balustrade height is to be reduced to 1.1 metres (maximum) for unit E09 and the pedestrian bridge linking the two buildings.

b)       The southern bedroom of Unit F21 is to be increased in area to achieve a minimum dimension in any direction of 3 metres and a minimum area of 9m². This may be achieved by moving the hallway further to the north.

c)       A stair is to be provided to access the common open space to the south east of the riparian zone. The stair is to be located in front of unit A05 and 1.5 metres (minimum) width.

d)       Lockable mail boxes are to be:

i)     provided close to the street; and

ii)    90 degrees to the street and to Australia Post standards; and

iii)   integrated with front fences or building entries.

Reason:       Residential amenity.

24.   Storage facilities in units

Architectural plans are to be amended to demonstrate accessible storage facilities for all units at the following rates:

-      two-bedroom apartments               8m³

-      three plus bedroom apartments     10m³

At least 50% of which must be within the units and is in addition to kitchen and bathroom cupboards and bedroom wardrobes.

Amended plans demonstrating the above are to be submitted to the satisfaction of the Certifying Authority, prior to issue of a Construction Certificate.

Reason:       Residential amenity.

25.   Amended Vegetation Management Plan (VMP)

The Vegetation Management Plan (VMP), prepared by Keystone Ecological, dated February 2016 version (Ref KMC. 15-740), is to be amended in accordance with this condition.

An amended VMP is to be provided to the Certifying Authority and copied to Council prior to the release of the Construction Certificate that addresses the following points below.

·           management zones are to be amended to reflect the approved development

·           the type and number of each species to be planted within each management zone is to be detailed within the amended VMP

·           the maintenance period for the VMP is to be extended from 2 to 5 years

·           monitoring reports are to be provided to the principal certifying authority and copied to Council every 6 months from the commencement of vegetation management works

·           only local provenance material is to be planted no cultivar varieties are to be planted within Blue Gum High Forest management zones

Reason:         To ensure the protection and enhancement of Blue Gum High Forest and the area of biodiversity significance and riparian lands.

26.   Tanked basement design

Prior to the issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the basement has been designed to be waterproof (tanked) as required under Part 22.3-4 of Ku-ring-gai DCP and by DPI Water Ref: 10ERM2016/0201 dated 3 May 2016.

Reason:       To protect the environment.

27.   Driveway design

Prior to the issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the structural drawings show that the section of driveway over the drainage easement has been designed to be lightweight and readily removable to allow for future maintenance of the pipe. 

Reason:       To protect the environment.

28.   Amendments to approved landscape plan

Prior to the issue of a Construction Certificate, the 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:

1.         Trees 31-36 are to be shown to be retained and protected.

2.         The access path along the northern boundary of the riparian area/communal open space is to be set back a minimum of 2 metres from the boundary to allow for screen planting. The ‘shared bay’ as indicated as footpath/pebbles on the landscape plan is to be relocated south of the shared bay to connect with the path as amended above.

3.         The entry path to Units A01-A04 is to be set back from the eastern boundary of the front setback by a minimum of 3 metres to allow for screen planting. A maintenance access path is to be provided to the eastern boundary of Building A and to common space at the northern and western setback of Building B.

4.         The communal open space in the front setback is to be deleted and planted as per the western section of the front setback.

5.         The BBQ area is to be relocated to the western end of the central communal open space with an accessible path from Building A provided from the basement lift.

6.         Clotheslines are to be deleted within private open space within the front setback of Units A01-A06.

7.         Existing levels are to be retained to the garden bed along eastern boundary of Block B.  Retaining walls with top of wall levels are to be shown as required along access path within eastern setback of Building B, particularly at the south-eastern corner of Building B. Access from B10 to maintenance path is to be relocated to northern boundary of private open space to allow for stairs (RL115.20) and path to communal open space (RL112.73). 

8.         Canopy trees are to be provided in association with screen planting along the western and eastern setbacks of Building B. Screen planting to side boundaries are not to be monoculture hedges but grouped assorted species.

9.         Planting detail is to be shown to the Basement Floor level on the Basement and Existing Tree Plan landscape plan.

10.       Details of the proposed surface treatment under the proposed pedestrian entry ‘bridge’ and driveway ‘bridge’ are to be provided.

11.       Unit numbers are to be shown.

12.       Proposed levels to external paths and steps are to be shown. Existing and proposed levels to the front setback, including the nature strip are to be provided. No additional retaining walls are permitted.

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

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

29.   Amendments to approved environmental site management plan

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved environmental site management plan, 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 environmental site management plan(s) shall be amended as follows:

1.         A note is to be added that during demolition existing paved areas are used for truck access where possible.

2.         Trees 31-36 are to be shown to be retained and protected. Stockpiles and material storage are to be relocated from within their tree protection zones.

3.         Tree protection fencing is to be shown in accordance with arborist recommendations and other conditions of consent. Riparian zone is to be protected in accordance with Vegetation Management Plan.

4.         Ground protection is to be shown where access or storage is required within tree protection zones of trees to be retained.

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

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

30.   Amendments to approved engineering plans

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that the approved engineering plan(s), 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 engineering plan(s) shall be amended as follows:

The Water Cycle Management Plan is to be amended to refer to Part 24 of

Ku-ring-gai Local Centres DCP. Re-use of retained roofwater is to be nominated to achieve Council's target of a 50% reduction in runoff days, and shown on the Construction Certificate plans.

Note:    An amended engineering plan, prepared by a qualified engineer shall be submitted to the Certifying Authority.

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

31.   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.

32.   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.

33.   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 impacts on public amenity from excessive illumination levels.

34.   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.

35.   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.

36.   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.

37.   Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.

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

Reason:         Disabled access & amenity.

38.   Excavation for services

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

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

Reason:         To ensure the protection of trees.

39.   Recycling and waste management

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

The responsibility for:

·        the cleaning of waste rooms and waste service compartments; and

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

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

Reason:         Environmental protection.

40.   Noise from plant in residential zone

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

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

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

41.   Location of plant (residential flat 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.

42.   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.

43.   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.

44.   Basement car parking details

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

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

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

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

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

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

45.   Car parking allocation

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

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

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

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

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

46.   Bicycle spaces

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

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

47.   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 Livingstone Avenue:

·           Footpath directly behind the kerb for the full site frontage

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.

48.   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.

49.   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.

50.   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):

51.   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.

52.   Section 94 Contributions - Centres

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

Infrastructure Type                                                                      Total

LGA Wide Local Recreational & Cultural                                                  $41,956.03

Pymble TC Local Parks & Sporting Facilities                                         $374,584.36

Pymble TC New Roads & Road Mods                                                       $60,811.38

Pymble TC Townscape Transport & Pedest Fac                                     $164,290.62

Development Contributions Total                                        $641,642.39

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:

53.   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.

54.   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

·          if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a)      protect and support the building, structure or work from possible damage from the excavation, and

(b)      where necessary, underpin the building, structure or work to prevent any such damage.

Reason:       Statutory requirement.

55.   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.

56.   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.

57.   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.

58.   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.

59.   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.

60.   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.

61.   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.

62.   Further geotechnical input

The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by Asset Geotechnical dated 24 September 2015. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:

·           further geotechnical investigations and testing recommended in the above report(s) and as determined necessary

·           further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary

·           written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs

Reason:         To ensure the safety and protection of property.

63.   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 report prepared by Asset Geotechnical dated 24 September 2015. 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.

64.   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.

65.   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.

66.   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.

67.   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.

68.   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.

69.   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.

70.   Approval for rock anchors

Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property.  If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.

Reason:         To ensure the ongoing safety and protection of property.

71.   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.

72.   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.

73.   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.

74.   Temporary rock anchors

If the use of temporary rock anchors extending into the road reserve is proposed, then approval must be obtained from Council and/or the Roads and Traffic Authority in accordance with Section 138 of the Roads Act 1993.  The Applicant is to submit details of all the work that is to be considered, and the works are not to commence until approval has been granted.  The designs are to include details of the following:

·           How the temporary rock anchors will be left in a way that they will not harm or interfere with any future excavation in the public road

·           That the locations of the rock anchors are registered with Dial Before You Dig

·           That approval of all utility authorities likely to use the public road has been obtained. All temporary rock anchors are located outside the allocations for the various utilities as adopted by the Streets Opening Conference.

·           That any remaining de-stressed rock anchors are sufficiently isolated from the structure that they cannot damage the structure if pulled during future excavations or work in the public road.

·           That signs will be placed and maintained on the building stating that de-stressed rock anchors remain in the public road and include a contact number for the building manager.  The signs are to be at least 600mm x 450mm with lettering on the signs is to be no less than 75mm high.  The signs are to be at not more than 60m spacing.  At least one sign must be visible from all locations on the footpath outside the property.  The wording on the signs is to be submitted to Council’s Director Technical Services for approval before any signs are installed.

Permanent rock anchors are not to be used where any part of the anchor extends outside the development site into public areas or road reserves.

All works in the public road are to be carried out in accordance with the Conditions of Construction issued with any approval of works granted under Section 138 of the Roads Act 1993.

Reason:         To ensure the ongoing safety and protection of property.

75.   Structures to be clear of drainage easements

During all phases of demolition, excavation and construction, it is the full responsibility of the applicant and their contractors to:

·           ascertain the exact location of the Council drainage pipe traversing the site in the vicinity of the works

·           take full measures to protect the in-ground Council drainage system

·           ensure dedicated overland flow paths are satisfactorily maintained through the site

Drainage pipes can be damaged through applying excessive loading (such as construction machinery, material storage and the like). All proposed structures and construction activities are to be sited fully clear of Council drainage pipes, drainage easements, watercourses and trunk overland flow paths on the site. Trunk or dedicated overland flow paths must not be impeded or diverted by fill or structures unless otherwise approved. 

If a Council drainage pipeline is uncovered during construction, all work is to cease and the Principal Certifying Authority and Council must be contacted immediately for advice. Any damage caused to a Council drainage system must be immediately repaired in full as directed and at no cost to Council.

Reason:         To protect existing Council infrastructure and maintain over land flow paths.

76.   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.

77.   Sydney Water Section 73 Compliance Certificate

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

Reason:         Statutory requirement.

78.   Arborist’s report

All trees to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 and the amended Arboricultural Impact Assessment prepared by Advanced Treescape Consulting and dated 25/11/16, during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required during all works within the canopy spread of all existing trees on site and overhanging from adjoining sites, including date, brief description of the works inspected, and any mitigation works prescribed. 

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

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

Reason:         To ensure protection of existing trees.

79.   Canopy/root pruning

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

Reason:         To protect the environment.

80.   Treatment of tree roots

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

Reason:         To protect existing trees.

81.   Hand excavation

All excavation excluding for approved basement within the specified radius of the trunk(s) of the following tree(s) shall be hand dug:

Reason:         To protect existing trees.

82.   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.

83.   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.

84.   Canopy replenishment trees to be planted

The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order.  Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.

Reason:         To maintain the treed character of the area.

85.   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.

86.   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:

87.   Amended vegetation management plan

Prior to the release of the Occupation Certificate the following works as outlined below as detailed within the Vegetation Management Plan, prepared by Keystone Ecological, dated 26 February 2016, are to be completed.

1.   All works detailed within the VMP pre-construction activities, plantings of compensatory canopy trees/shrubs/groundcovers, weed control, revegetation, maintenance and monitoring are to be carried out in accordance with the VMP.

2.   Planting to be undertaken within the Blue Gum High Forest within the site are to be species characteristic of Blue Gum High Forest in accordance with the Vegetation Management Plan. All trees/plant material to be planted is to be of local provenance sourced from parent material within Ku-ring-gai or Hornsby LGA’s.

3.   All fencing as detailed within the VMP is to be installed prior to works commencing.

4.   The area beneath the access driveway which crosses the riparian area is to be planted out with riparian species characteristic of Blue Gum High Forest under the direction of a qualified ecologist/bush regenerator. No monocultures are supported. A mixture of groundcovers including ferns, sedges, grasses, climbers, sprawlers and shrubs are to be planted.

5.   All noxious and environmental weeds are to be removed from the Blue Gum High Forest community within the site in accordance with the VMP.

6.   All vegetation management actions as specified in the VMP shall be carried out by suitably qualified and experienced bush regenerators. The minimum qualifications and experience required for the bush regeneration contractor are a TAFE Certificate 2 in Bushland Regeneration with two years demonstrated experience (for site supervisor) and a TAFE Certificate 2 in Bushland Regeneration with one year demonstrated experience (for other personnel). In addition, the site supervisor is to be eligible for full professional membership of the Australian Association of Bush Regenerators (AABR).

7.   VMP monitoring works are to be undertaken by an engaged bushland restoration contractors or a suitably qualified and experienced landscape architect, horticulturist, bush regenerator or ecologist. The rehabilitation actions identified in this VMP are to be monitored. Monitoring is to be undertaken throughout the entire contract period. Monitoring and maintenance works are to be undertaken for a minimum period of 5 years with 6 monthly reports are to be provided to the Principal Certifying Authority and Copied to Council’s Ecologist.

Reason:         To ensure the protection and enhancement of Blue Gum High Forest within the site.

88.   Blue Gum High Forest management unit areas -Section 88b instrument

The Certifying Authority is to be provided with evidence of the creation of a restriction on the use of land under Section 88B of the Conveyancing Act 1919, burdening the following Blue Gum High Forest management unit areas (2 & 3). The terms of restriction must state that any excavation, soil level changes or construction works are prohibited with the exception of works to be undertaken and outlined in accordance with the plan below.

Reason:         To ensure that Critically Endangered Blue Gum High Forest offset management areas are protected.

89.   Easement for waste collection

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that an easement for waste collection has been created under Section 88B of the Conveyancing Act 1919.  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.

90.   Installation of car stacking system

The car stacking system must be installed in accordance with the manufacturer’s standards and guidelines.

Reason:       Safety and amenity.

91.   Certification of car stacking system

A suitably qualified traffic or structural engineer must certify that the car stacking system is structurally sound and has been installed in accordance with the manufacturer’s guidelines.  The certification must also confirm that the device is operating satisfactorily.  The certificates are to be provided to the Principal Certifying Authority prior to issue of the Occupation Certificate.

Reason:       Safety and amenity.

92.   Car stacking system positive covenant

Prior to issue of the Occupation Certificate the applicant must create a Positive Covenant under Section 88 E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the car stacking system on the property.  Registered title documents showing the covenant must be submitted to and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.

Reason:       Safety and amenity.

93.   Driveway construction

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that the section of driveway over the drainage easement has been constructed in accordance with the approved Construction Certificate plans and is lightweight and readily removable to allow for future maintenance of the pipe. 

Reason:         To protect the environment.

94.   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. 701686M_05 have been complied with.

Reason:         Statutory requirement.

95.   Clotheslines and clothes dryers

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

Reason:         To provide access to clothes drying facilities.

96.   Mechanical ventilation

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

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

·        The Building Code of Australia

·        Australian Standard AS1668

·        Australian Standard AS3666 where applicable

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

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

Reason:         To protect the amenity of surrounding properties.

97.   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.

98.   Accessibility

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

·           the lift design and associated functions are compliant with AS 1735.12 & AS 1428.2

·           the level and direction of travel, both in lifts and lift lobbies, is audible and visible

·           the controls for lifts are accessible to all persons and control buttons and lettering are raised

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

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

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

Reason:         Disabled access & services.

99.   Retention and re-use positive covenant

If internal re-use of rainwater is proposed, then 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 Part 24R.8 of Ku-ring-gai Local Centres Development Control Plan). 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.

100. 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 Ku-ring-gai Local Centres Development Control Plan have been achieved

·           retained water is connected and available for use

·           all grates potentially accessible by children are secured

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

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

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

Reason:         To protect the environment.

101. 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.

102. 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 Part 24R.8 of Ku-ring-gai Local Centres DCP). 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.

103. CCTV report of pipe after work

Prior to issue of the Occupation Certificate, a closed circuit television inspection and report on the Council drainage pipeline traversing the site is to be undertaken by appropriate contractors and provided to Council’s Development Engineer.  The report is to include a copy of the footage of the inside of the pipeline.  Any damage that has occurred to the section of the pipeline since the commencement of construction on the site must be repaired in full to the satisfaction of Council’s Development Engineer at no cost to Council.

Reason:         To protect the environment.

104. 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.

105. Certification of as-constructed driveway/carpark

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" 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”,

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

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

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

106.   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.

107. 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.

108. 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.

109. Mechanical ventilation

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

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

110. Fire safety certificate

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

Note:    A copy of the Fire Safety Certificate must be submitted to Council.

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

Conditions to be satisfied at all times:

111. Outdoor lighting

At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 2005 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Reason:         To protect the amenity of surrounding properties.

112. No door restricting internal waste collection in basement

At all times, the basement garbage storage and collection area is to be accessible by Council’s Waste Collection Services. No doors, grilles, gates or other devices shall be provided in any location which would prevent this service. Where a gate, door or the like is to be erected, unimpeded access to the garbage collection point is to be provided by other means through written agreement with Council’s Waste Collection Services.

Reason:         To facilitate access to the garbage collection point.

113. 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.

114. Noise control - rainwater re-use system

All noise generating equipment, such as pumps, associated with any proposed rainwater re-use 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 pump/s 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.

115. Car parking

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

Reason:         To ensure adequate provision of visitor parking spaces.

116. Loading and unloading

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

Reason:         To ensure safe traffic movement.

117. Unobstructed driveways and parking areas

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

Reason:         To ensure safe traffic movement.

118. Department of Primary Industries - Water

Temporary dewatering of an amount above 3 ML may require a water licence to be obtained from DPI Water before construction commences.

The proposal must not incorporate provision for the permanent or semi-permanent pumping of groundwater seepage from below-ground areas. A fully tanked structure must be used.

Reason:       DPI Water requirements.

CARRIED UNANIMOUSLY

148

Draft Revised Bush Fire Environmental Assessment Code and Draft Planning for Bush Fire Protection 2017

File: S06649

Vide: GB.5

To seek endorsement of the proposed contents of a Council submission to the NSW Rural Fire Service (RFS) on the draft Revised Bush Fire Environmental Assessment Code and supporting documents, and for Council to note that no submission is to be put forward by Council in regards to draft Planning for Bush Fire Protection 2017.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

A.   That Council endorses the submission as provided within Attachment A1, on the draft Bush Fire Environmental Assessment Code and supporting documents.

B.   That Council notes a submission in regards to the draft Planning for Bush Fire Protection 2017 will not be submitted.

C.   That Council undertakes a review of all relevant spatially identified land management agreements, for provision to the RFS and that conditions relating to these agreements be stored within an accessible location to enable provision of conditions within 3 working days.

CARRIED UNANIMOUSLY

149

Revised Delivery Program and Operational Plan 2017-2018 - Post Exhibition

File: FY00382/9

Vide: GB.6

For Council to adopt the revised Delivery Program 2013 – 2017 and Operational Plan 2017 – 2018, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2017 – 2018.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

A.      That Council adopts the revised Delivery Program 2013 - 2017 and Operational Plan 2017 -          2018, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and   Fees and Charges for 2017 - 2018.

B.      That an ordinary rate in the dollar of $0.00064484 on the unimproved capital value of all rateable land categorised as residential in the Council area be made for the period of 1 July 2017 to 30 June 2018.

C.       That an ordinary rate in the dollar of $0.00447545 on the unimproved capital value of all rateable land categorised as business in the Council area be made for the period of 1 July 2016 to 30 June 2018.

D.       That the minimum ordinary rate for both residential and business be set at $514.00 for the period 1 July 2017 to 30 June 2018.

E.       That an infrastructure - primary rate in the dollar of $0.00029358 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $268 base amount be made for the period of 1 July 2017 to 30 June 2018.

F.       That an infrastructure special rate in the dollar of $0.00003661 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $32 base amount be made for the period of 1 July 2017 to 30 June 2018.

G.       That an environmental special rate in the dollar of $0.00006984 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a zero base amount, be made for the period of 1 July 2017 to 30 June 2018.

H.       That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 8.5% of total rates and charges in 2017 - 2018.

I.    That Council writes to all residents and groups that made submissions in relation to the Revised 2013 - 2017 Delivery Program and draft Operational Plan 2017 - 2018 and respond to the authors with the outcomes.

CARRIED UNANIMOUSLY

150

Public Roads within Major Projects Sites

File: S10973

Vide: GB.7

To seek Council approval to formally resolve the status of land within the Lindfield Village Green and the Lindfield Community Hub sites as public roads.

Resolved:

(Moved: Councillors McDonald/Pettett)

In relation to the Lindfield Community Hub:

A.   That Council proceed to compulsorily acquire Lots 1 & 2 DP1226294 for a future public road in accordance with Section 177 Roads Act 1993 and in accordance with the Land Acquisition (Just Terms) Compensation Act 1991.

B.   That Council make an application to the Minister and Governor for approval to acquire Lots 1 & 2 DP1226294 in accordance with Section 178/(2) Roads Act 1993 and in accordance with the Land Acquisition (Just Terms) Compensation Act 1991.

C.   That for the purposes of section 30 of the Land Acquisition (Just Terms) Compensation Act 1991, the Council, as the owner of the land, agrees to the land being acquired for compensation in the amount of $1.00.

D.   That Council proceed to compulsorily acquire Lot 6 DP1226294, being a portion of Drovers Way, Lindfield, for the purpose of creating the Lindfield Community Hub, in accordance with Sections 186 and 187 of the Local Government Act 1993 and in accordance with the Land Acquisition (Just Terms) Compensation Act 1991.

E.   That Lot 6 DP1226294 is to be classified as Operational land.

F.   That Council make an application to the Minister and Governor for approval to acquire Lot 6 DP 1226294 in accordance with Sections 186 and 187 of the Local Government Act 1993 and in accordance with the Land Acquisition (Just Terms) Compensation Act 1991.

G.   That for the purposes of section 30 of the Land Acquisition (Just Terms) Compensation Act 1991, the Council, as the owner of the road, agrees to the road being acquired for compensation in the amount of $1.00.

H.   That Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days.

I.    That Council delegate to the General Manager or his delegate the power to do anything further as necessary to give effect to the compulsory acquisition including obtaining any necessary approvals and publishing any necessary notices in the Gazette

In accordance with Council’s resolution of 6 September 2016 in relation to the Lindfield Village Green:

J.   That Council proceed to compulsorily acquire Lot 21 DP 1223433 for a future public road in accordance with Section 177 Roads Act 1993 and in accordance with the Land Acquisition (Just Terms) Compensation Act 1991.

K.   That Council make an application to the Minister and Governor for approval to acquire Lot 21 DP 1223433 in accordance with Section 178/(2) Roads Act 1993 and in accordance with the Land Acquisition (Just Terms) Compensation Act 1991.

L.   That for the purposes of section 30 of the Land Acquisition (Just Terms) Compensation Act 1991, the Council, as the owner of the land, agrees to the road being acquired for the compensation in the amount of $1.00.

M.  That Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days.

N.  That Council proceed to compulsorily acquire Lot 23 DP1223433, being a portion of the unnamed lane, Lindfield, for the purpose of creating the Lindfield Village Green, in accordance with Sections 186 and 187 of the Local Government Act 1993 and in accordance with the Land Acquisition (Just Terms) Compensation Act 1991.

O.   That Lot 23 DP1223433 is to be classified as Operational land.

P.   That Council delegate to the General Manager or his delegate the power to do anything further as necessary to give effect to the compulsory acquisition including obtaining any necessary approvals and publishing any necessary notices in the Gazette.

CARRIED UNANIMOUSLY

151

259-271 Pacific Highway, Lindfield - Lindfield Library Site

File: S10468

Vide: GB.8

To seek the approval of Council to prepare and lodge a Development Application for redevelopment of the existing Lindfield Library Precinct at 259-271 Pacific Highway, Lindfield.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

A.   That Council grants Landowner’s Consent for the lodgement of a Development Application for Council land at 259-271 Pacific Highway, Lindfield.

B.   That additional funding for this process shall come from the net income received from the rental of the residential units on the site and the proceeds from the sale of 9 Havilah Lane, Lindfield.

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

CARRIED UNANIMOUSLY

152

Biodiversity Conservation Act and regulation and Vegetation SEPP

File: S11550

Vide: GB.10

To seek Council’s endorsement for two submissions to the NSW Government on the currently exhibited draft Regulations and other key products which support the Government’s new Biodiversity Conservation Act 2016 and Local Land Services Amendment Act 2016.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

A.   That Council endorses the two submissions to the NSW government on the currently exhibited documents related to biodiversity and land management (Attachments A1 and A2).

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

CARRIED UNANIMOUSLY

153

NSW Department of Education and Ku-ring-gai Council Joint Use Project Proposals

File: S08640/3

Vide: GB.14

To advise Council of the status of discussions with the NSW Department of Education on the Joint Use Project Proposals for community use of school facilities at Ku-ring-gai High School and St Ives High School and to seek “in-principle” support for the Joint Use Project Proposals.

Resolved:

(Moved: Councillors McDonald/Fornari-Orsmond)

That Council advise the NSW Department of Education of its “in-principle” support for the Joint Use Project Proposals subject to further negotiations on funding, size and scale of the projects and community consultation.

CARRIED UNANIMOUSLY

154

Lindfield Learning Village Updated Heads of Agreement

File: S08640/3

Vide: GB.15

To advise Council on the status of planning and progression of the Heads of Agreement between Council and the NSW Department of Education on the joint use agreement for the Lindfield Learning Village.

Resolved:

(Moved: Councillors McDonald/Pettett)

That Council continue to negotiate with the NSW Department of Education on the capital and operational costs associated with public use of the facilities at the Lindfield Learning Village before finalising the Heads of Agreement.

CARRIED UNANIMOUSLY

A Rescission Notice was lodged on this item at the end of the meeting and will be tabled at the next Ordinary Meeting of Council to be held on 18 July 2017.

155

10 - 12 Newhaven Place, St Ives

File: S11074

Vide: NM.1

Notice of Motion from Councillor Berlioz dated 19 June 2017

In April 2016 residents of Newhaven Place were consulted and advised by Council staff that Council was considering the divestment of the public path between Newhaven Place and Link Road to allow the amalgamation of two sites at 10 and 12 Newhaven Place to facilitate development by the owner of the two sites.  Residents were advised that the pathway would be relocated on the boundary of the amalgamated site. This created an expectation that Council would (a) retain a public pathway and that (b) the pathway would be relocated on the boundary of the site not integrated with the future development.

In May 2017 the developer of the site submitted a Letter of Offer to enter into a VPA that does not relocate the pathway as previously advised. This letter of offer was subject of GB5 at the Ordinary Meeting of Council on 13 June 2017.

To complicate the matter there are three DAs currently lodged for the site, delivering two different development proposals with neither relocating the pathway as previously advised

For the sake of transparency and clarity, I move that all property owners of Newhaven Place and all those that made submissions in regard to relocation and divestment of the path be advised of:

1.   The status of the DAs for the site.

2.   The reasons for the inconsistency between the consultation and advice for relocation of the path.

3.   All options available for the divestment and/ or retention of the public pathway in its present location or relocated.

4.   At what step in the process of DAs, VPA and divestment of land will residents have an opportunity to make submissions.

Resolved:

(Moved: Councillors Berlioz/Malicki)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

156

Proposed aged care facility - 25, 25A, 27 Bushlands Avenue Gordon

File: DA0418/15

Vide: NM.2

Notice of Motion from Councillor Malicki dated 19 June 2017

I move that Council makes a submission to the Northern Sydney Planning Panel objecting to the proposal for the Bushlands Ave Aged Care Facility.

The objection should use the grounds for refusal recommended by Development Control staff and issues raised by residents but not yet resolved as a basis for the submission.

Resolved:

(Moved: Councillors Malicki/Armstrong)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

157

General Manager's Performance Review

File: CY00254/9

Vide: C.1

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

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

Report by Mayor Jennifer Anderson dated 19 June 2017

Resolved:

(Moved: Councillors McDonald/ Fornari-Orsmond)

A.   That Council recognises that overall the General Manager’s performance achieved a BETTER THAN SATISFACTORY result for the 2016/2017 performance cycle.

B.   That the Mayor write to the General Manager expressing the Councillors’ appreciation for his leadership and work in the past twelve months.

C.   That the General Manager be formally advised of the result of the Performance Review.

CARRIED UNANIMOUSLY

158

Planning Proposal - Deferred Area 15 - Killara Golf Club

File: S11324

Vide: GB.4

For Council to consider a Planning Proposal for the north-eastern part of the Killara Golf Club known as Deferred Area 15 under the Ku-ring-gai Local Environmental Plan 2015.

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

R Read

Resolved:

(Moved: Councillors McDonald/Szatow)

A.   That the Planning Proposal be amended in accordance with the recommendations in this Council Report and Table of Amendments at Attachment A1.

B.   That the Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

C.   That delegation be given to the General Manager and Director of Strategy and Environment to verify all amendments are in accordance with the recommendations of this Council Report and Table of Amendments at Attachment A1prior to forwarding to the Department of Planning and Environment.

D.   That should a Gateway Determination be issued for public exhibition of the Planning Proposal, site specific amendments to Council’s Comprehensive Development Control Plan be prepared in accordance with  Council’s fees and charges, the details in this Council Report and the Table of Amendments at Attachment A1 and be placed on public exhibition concurrently with the Planning Proposal.

E.   That a Report be brought back to Council, as per any Gateway requirements, following the exhibition of the Planning Proposal and site specific draft Development Control Plan.

F.   That Council proceeds to make the Plan under delegated authority under Section 23 of the Environmental Planning and Assessment Act 1979.

G.   That the applicant be notified of Council’s Resolution.

CARRIED UNANIMOUSLY

159

Consideration of Submissions - Planning Proposal to amend the KLEP 2015 for the rezoning of 21 Lorne Avenue, Killara

File: S11257

Vide: GB.9

For Council to consider the submissions received in response to the exhibition of the Planning Proposal to amend to the KLEP 2015 for the rezoning of 21 Lorne Avenue, Killara.

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

S Greenwell

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

A.   That Council adopts the Planning Proposal for the rezoning of 21 Lorne Avenue, Killara;

B.   That Councils proceeds to make the Plan, under delegated authority issued by the Department of Planning and Environment under Section 59(2) of the Environmental Planning and Assessment Act 1979;

C.   That those who made submissions be notified of Council’s decision.

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

Against the Resolution:         Councillors Citer, Pettett and Szatow

160

Theatre Facilities in Ku-ring-gai - Visioning and Feasibility Study

File: S10376-10

Vide: GB.11

This report sets out a process for Council to resolve its intention for the future use of the Marian Street Theatre site and theatre facilities in Ku-ring-gai generally.

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

J Townend

A Motion moved by Councillors Szatow and Citer
that voting on the following Item -
Theatre Facilities in Ku-ring-gai – Visioning and Feasibility Study
be in seriatum was CARRIED

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

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

Resolved:

(Moved: Councillors Szatow/Citer)

A.        Select the Marian Street site as the preferred option for the theatre in Ku-ring-gai.

For the Resolution:              Councillors Armstrong, McDonald, Ossip, Citer, Pettet, Szatow, Berlioz and Malicki

Against the Resolution:        The Mayor Councillor Anderson and Councillor Fornari-Orsmond

B.    Reaffirm support for the work of the Save Marian Street Theatre Committee.

CARRIED UNANIMOUSLY

C.    Vote to grant $37,000 to the Save the Marian Street Theatre Committee for the cost of a feasibility study, which will gauge for the first time the strength of the financial commitment of the community to bring the Marian Street Theatre into the 21^st century.

For the Resolution:              Councillors Armstrong, McDonald, Szatow, Citer, Pettett and Berlioz

Against the Resolution        The Mayor Councillor Anderson, Councillors Fornari-Orsmond, Ossip and Malicki

The above Motion was subject to a Foreshadowed Amendment and an Amendment which were LOST.

The LOST Foreshadow Amendment was:

(Moved: Councillors Malicki/Ossip)

A.    That Council select the Marian Street site as the preferred option for siting of theatre in Ku-ring-gai.

B.    That Council reaffirm support for the work of the Save Marian Street Theatre Committee.

C.    That Council undertakes a Visioning and Feasibility Study as a first step to resolving what facilities for theatre should be included at the Marian Street Theatre site and associated costs.

D.    That the Visioning and Feasibility Study be reported back to Council with a preferred option for endorsement by Council and as the basis for preparation of a detailed business case.

E.    That a confidential memorandum come to Councillors detailing the costs of a Visioning and Feasibility Study and a timeframe for reporting back to Council.

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

Against the Foreshadow Amendment:    Councillors Armstrong, McDonald, Szatow, Citer, Pettett and Berlioz

The LOST Amendment was:

(Moved: Councillors Fornari-Orsmond/Ossip)

A.   That Council undertakes a Visioning and Feasibility Study as a first step to resolving its intention for the future use of the Marian Street Theatre site and theatre facilities in Ku-ring-gai.

B.   That the Visioning and Feasibility Study be reported back to Council with a preferred option for endorsement by Council and as the basis for preparation of a detailed business case.

For the Amendment:             The Mayor Councillor Anderson

Against the Amendment:       Councillors Armstrong, McDonald, Fornari-Orsmond, Ossip, Szatow, Citer, Pettett, Malicki and Berlioz

Councillors Fornari-Orsmond/Malicki moved a Procedural Motion asking the Mayor to seek a vote on the matter as there had been 2 speakers For and 2 speakers Against.

CARRIED UNANIMOUSLY

161

Lindfield Community Hub - update

File: S10973-4

Vide: GB.12

The purpose of this report is to update Council on the development of the technical and design aspects of the master plan for the Lindfield Community Hub (the Project).

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

S McKenzie

T Benson

R Vowell

A Sweeney

Resolved:

(Moved: Councillors Berlioz/McDonald)

A.      That Council adopts the following Table incorporating minor amendments to the Lindfield Community Hub Project mandatory requirements (as resolved by Council OMC of 6 October 2015, GB.10 and OMC 10 November 2015 GB.11):

B.   That Council adopts the amendments made to the Adopted Lindfield Hub Masterplan – 1 June 2017 (Attachment A1).

With  the following changes:

-         That the Car Park revert back to the original proposal: “minimum of 112 spaces be retained in the basement carpark”

-         That Public Domain Works - the minimum size of green open space be 3,000 sqm with a minimum of 1/3 being deep soil area.

CARRIED UNANIMOUSLY

162

St Ives Village Green Master Plan - Angle Parking Options

File: S07533

Vide: GB.13

To consider the various impacts and benefits of angle parking scenarios around the perimeter of the St Ives Village Green and Cowan Oval.

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

T Martire

M Thomas

Resolved:

(Moved: Councillors Berlioz/Ossip)

1. That the matter be deferred until we are advised whether there are any legal obligations between Council and the St Ives Shopping Centre to provide parking on council land.

2. That any consideration to amend parking spaces or times come back to Council once the DA which is currently being assessed by staff is determined.

CARRIED UNANIMOUSLY

Ordinary Meeting of Council - 18 July 2017

PT.1 / 72

Item PT.1

S11160

10 July 2017

Recommendation:

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

Ordinary Meeting of Council - 18 July 2017

PT.2 / 73

Item PT.2

88/06211/01

30 June 2017

Recommendation:

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

Ordinary Meeting of Council - 18 July 2017

GB.1 / 74

Item GB.1

S11243

4 July 2017

purpose of report:

To present the revised draft Ku-ring-gai Destination Management Plan to Council following the statutory public exhibition period.

background:

Council engaged Wray Sustainable Tourism Research and Planning to develop a Destination Management Plan (DMP) for Council in 2016.

The draft Ku-ring-gai Destination Management Plan 2017-2020 was considered at the Ordinary Meeting of Council on 4 April 2017, and was placed on public exhibition from 15 April to 29 May 2017.

comments:

The draft DMP identified nature-based tourism, aboriginal heritage and major events as the three principle components for visitation in Ku-ring-gai. Other forms of less significant tourism were identified as architectural heritage, and cultural and recreational experiences.

Council received 27 written submissions during the exhibition period. Comments from the community included matters relating to the St Ives Precinct user groups, the natural environment, built heritage and cultural facilities. The consultant has subsequently made appropriate amendments to the draft DMP to incorporate community feedback.

recommendation:

That Council adopt the revised draft Ku-ring-gai Tourism Destination Management Plan 2017-2020.

Recommendation:

That Council adopt the draft revised Ku-ring-gai Destination Management Plan 2017-2020.

Les Currie

Team Leader - Tourism and Visitation St.Ives Precinct

Mark Taylor

Manager Community & Recreation Services

Janice Bevan

Director Community

Attachments:

A1

Ku-ring-gai Destination Management Plan 2017 to 2020 Final Version 29 June 2017

2017/177919

A2

Destination Management Plan Community Submissions - Attachment A2 Council report

2017/186463

Ordinary Meeting of Council - 18 July 2017

GB.2 / 82

Item GB.2

S05273

7 July 2017

purpose of report:

To present Council’s investment portfolio performance for June 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 ended June 2017 was $4,503,000 against an annual revised budget of $4,081,000 giving an annual favourable variance of $422,000.

recommendation:

That the summary of investments performance for June 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 June 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

Ordinary Meeting of Council - 18 July 2017

GB.3 / 90

Item GB.3

CY00070/9

29 June 2017

purpose of report:

To report to Council the findings of an inspection by Fire & Rescue New South Wales of a residential unit development, at 497 – 507 Pacific Highway, Killara which revealed fire protection measures were not being adequately serviced and maintained for the protection of the building’s occupants. To seek Council’s endorsement to serve appropriate orders.

background:

In accordance with Section 121ZD (2) of the Environmental Planning and Assessment Act,1979 (the Act) a local Council must consider any report referred to it by the Commissioner of NSW Fire Brigade and determine if it will proceed to exercise its powers to issue an order under Section 121B of the Act.

comments:

A report from Fire & Rescue NSW (F&RNSW), dated 15 May 2017, reported that an inspection of the subject building on 14 March 2017, following F&RNSW receipt of a resident’s concern, identified significant fire safety matters. Two matters have since been rectified, however a number of others remain outstanding. Fire & Rescue NSW requests Council’s assistance in bringing the subject building into full compliance with the Act in regard to fire safety. 

recommendation:

That Council, as the regulatory authority, exercise its powers under Section121B of the Environmental Planning & Assessment Act, 1979 to serve Orders 6a & 6b on the owners of Strata Plan SP 86801, located at 497–507 Pacific Highway, Killara, so as to ensure the safety of the occupants of the building and integrity of the structure.

Recommendation:

1.   THAT Council, as the regulatory authority, exercise its powers under Section 121(B) of the Environmental Planning and Assessment Act, 1979 (EPA&A 1979) to serve Orders 6a and 6b on the owners of Strata Plan SP 86801, located at 497 – 507 Pacific Highway, Killara, so as to ensure the safety of the occupants of the building and integrity of the structure.

2.   THAT Council, in accordance with powers of Section 121(B) 6a of the EP&AA 1979, order the owners of the building to engage a suitably accredited fire safety engineer (C10 BPB), to undertake a full fire safety audit of the building.  The audit is to be in accordance with the guideline listed in Australian Standard 4655:2005 and  Parts C, D, and E of the Building Code of Australia;

Should any alternative solution/s to the performance requirements of the Building Code of Australia be found necessary , the alternative solution must be peer reviewed by a separate qualified person holding Category C10 – Accreditation with the Building Professionals Board of New South Wales; and

The Building Fire Safety Audit Report together with recommendations and schedule of existing and or proposed Fire Safety Measures must be submitted to Council for Council’s consideration prior to implementation of the report recommendations.

Reason: Council is aware that the existing provisions for fire safety or fire safety awareness are not adequate so as to prevent fire, suppress fire or prevent the spread of fire or ensure or promote the safety of persons in the event of a fire.

Period for compliance with order:

The order, is to be complied with within 270 days (9months) from the date of the order or a time that is considered reasonable after Council officers have consulted with the owners.

3.   THAT Council, in accordance with powers of Section 121(B) 6b of the EP&AA 1979,  order the owners of the building to undertake the following specified work to ensure and to promote adequate fire safety and fire safety awareness:

1.    Connect the sprinkler alarm valve wiring to the building’s fire indicator panel to provide an alarm signal required by both Australian Standard (AS) 1670 and AS2118;

Reason: Sprinkler alarm valve signalling equipment was found not wired in accordance with both AS1670 and AS2118 to the building’s fire indicator panel fire monitoring/alarm to send an automatic alarm call to Fire & Rescue New South Wales to attend the building.

2.       Assess and alter the identification address given for the sprinkler system on the fire indicator panel so it corresponds  correctly to each individual sprinkler alarm valve;

Reason: Examination of the fire indicator panel found the addressing of the sprinkler installations did not correspond with that indicated on each individual sprinkler alarm valve.

3.       Review and amend the required block plan for the sprinkler system, so as to clearly demonstrate  which individual  sprinkler valve supplies water to service each separate area of the building;

Reason: Examination of the required block plan, (found on the wall above the sprinkler alarm valves) did not adequately demonstrate the system of water supply to firefighting appliances.

4.       Connect the pump’s alarm valve wiring to the building’s fire indicator panel to provide an alarm signal required by AS1670, AS2118 and AS2419;

Reason: To provide emergency automatic signal to F&RNSW in the event of a fire.

5.       Provide a resealable 20 litres fuel container filled with dieseline fuel so as to comply with AS2118 and AS2419;

Reason: The hydrant and sprinkler pump room was found not to have an adequate supply of dieseline so as to operate the diesel powered pump.

6.       Replace the existing door assembly, providing access to the hydrant and sprinkler pump room with a self-closing fire door assembly that has a fire resistance level of not less than -/120/30.  Install only approved and compliant door hardware and furniture comprising:

·        “D” handle latch installed to Building Code of Australia (BCA) clause D2.21

·        door closer

·        vent that has an intumescent fire damper core

·        fix compliance fire door assembly tags to door and jamb in compliance with AS1905.1 

Reason: The door providing access to the hydrant and sprinkler pump room required to be a compliant self-closing fire door was found to be a non-compliant door and the door providing access to the hydrant and sprinkler pump room was found to have a louvered vent installed that did not have intumescent damper installed in the core of the vent.

7.  Install a retro-fitted fire rated collar having a fire resistance level of not less than -/120/- to the underside of the floor slab to collar the plumbing of the floor waste from the hydrant and sprinkler pump room.

Reason: The floor waste in the hydrant and sprinkler pump room is not protected to prevent the spread of fire into the pump room.

8.       Install within the hydrant and sprinkler pump room, floor bunding to isolate the floor area surrounding the diesel pump and provide a supply absorbent material suitable to absorb fuel spills.

Reason: The hydrant and sprinkler pump room has no bunding to contain spillages and no absorbent materials to soak up a diesel fuel spill.

9.     Replace the existing fire door assemblies with doors having a fire resistance level of not less than -/60/30 and reverse the swing of each replacement exit door from the visitor and resident car parking areas, so as to open in the direction of egress/ travel ,  in the direction of the fire-isolated stairs.  Install to each replacement fire door assembly:

·    an approved and compliant single “D” handle latching device that requires no key to open from the side of the door facing the person seeking egress

·    an approved door closer to ensure each fire door will self-close to latch

·    fit to both the fire door and jamb compliance tags, complying with AS1905.1

Reason: The required exit doors from the visitor and resident car parking areas were found key locked and to open against the direction of egress, contrary to the requirement of Clause D2.21 of the BCA and Clauses 185 & 186 of the Environmental Planning and Assessment Regulation 2000. 

10.     Reposition all operational signs relating to fire exit offences to a height adjacent to “EXITS” where they can be easily read to comply with Clause 183 of the Environmental Planning and Assessment Regulation 2000.

Reason: Operational signs relating to fire exit offences were found fixed to the wall adjacent to each door but not in a conspicuous location to comply with Clause 183 of the Environmental Planning and Assessment Regulation 2000.

11.  Demolish and remove both glass enclosures that enclose the building’s fire exits.

Reason: The final exit doors from the basement car park and resident descending stairs do not open to required open space ; and

The final exit doors from the basement car park and resident descending stairs open to glass cover enclosures that in the event of a fire would become smoke logged to an extent that would trap building occupants in fire-isolated stairs.

12.  Where fire door metal door frames have been designed and manufactured to be held in place by masonry fixings, install approved masonry fixings to comply with the manufacturer’s tested prototype assembly, as required to comply with AS1905.1.

Reason: Both exit doors from the carpark and descending fire isolated stairs have not been installed correctly.  The metal door frames designed and manufactured to be held back in place using masonry fixings were found installed without the required fixings. 

13.  Remove all chain driven window winders from all ground floor awning windows that face into central quadrangle courtyard.

Reason: Fusible release fire rated window shutters installed over ground floor windows facing into the central quadrangle court yard are prevented from shutting due to chain driven window winders attached to hold each awning window open; The windows being an awning type and opening outwardly, would, in a fire, due to the chain driven winders attached to each window, jamb each closing shutter open to provide no protection to building occupant evacuees.

14.  Cut back all vegetation growing over the escape path of travel, beginning at the central quadrangle courtyard, through to the Pacific Highway boundary and remove padlocks fitted to both gates.

Reason: Due to two steel gates being padlocked, building occupant evacuees escape path to access Pacific Highway is compromised and non-compliant, further, vegetation overgrowing the escape path of travel visually obscures and obstructs the path for evacuees contrary to the requirements of clause D1.10 of the BCA.

15.  Replace all non-compliant cast aluminium Storz fitted couplings with approved forged aluminium couplings that comply with AS2419.1 AS2419.2 and AS2419.3 and approved by Fire and Rescue New South Wales;

Reason: Cast aluminium Storz couplings fitted to the building’s fire brigade booster and attack hydrants do not comply with AS2419.1 AS2419.2 and AS2419.3; and

Non-compliant cast aluminium Storz couplings when subject to the operating load of a fire hose are known to fail, placing members of Fire & Rescue New South Wales at elevated risk of injury.

16.  Fit to each flow valve of the fire brigade booster assembly located at the Pacific Highway street boundary anti-tampering devices that comply with AS2419.

Reason: The building’s fire brigade booster valves located at the Pacific Highway street boundary are not fitted with approved anti-tampering devices that comply with AS2419.

17.  Remove all obstructions that jamb fire doors open, repair damaged fire doors where possible in accordance with the manufacturer’s guidelines, otherwise replace all fire doors on the basement levels that have been removed.  Install replacement fire doors that have a fire resistance level of not less than -/60/30 and install to each replacement fire door assembly:

·      an approved and compliant single “D” handle latching device that requires no key to open from the side of the door facing the person seeking egress

·      an approved door closer to ensure each fire door will self-close to latch

·      fit to both the fire door and jamb compliance tags, complying with AS1905.1

Reason:  Fire doors installed to garbage room and store rooms located on the basement levels are being jamb open and have been damaged or have been removed allowing in the event of a fire the fire to spread.

18.  Employ appropriate and suitable methods of construction to prevent the spread of fire via drainage and electrical cable penetrations through walls and through the underside of suspended concrete floor slabs that separate the basement carpark from residential portion of the building and between residential floors.

Reason: Numerous un-protected penetrations were found throughout the building requiring fire stopping collars or treatments in accordance with Clauses C3.12 and C3.15 and Specification C3.15 of the Building Code of Australia.

19.  On completion of the work, the owner of the building shall provide Council and the Commissioner of Fire & Rescue New South Wales with a Final Fire Safety Certificate in relation to each essential fire or other measure included in the building.  The certificate shall meet with the requirements of Part 9 Division 4 of the Environmental Planning and Assessment Regulation 2000.A further copy of the Certificate must be prominently displayed in the building in a location agreed to by Council. Further, it will be necessary every 12 months from the date of new Fire Safety schedule to supply Council with an Annual Fire Safety Statement pursuant to the requirements of Part 9 Division 5 of the Environmental Planning and Assessment Regulation 2000 the details of which will be available on application.

Reason: Installed fire safety measures are not adequately being maintained in accordance with relevant Standards and this constitutes a significant fire hazard and the Annual Fire Safety Statements that have been submitted Council since 2005 have omitted to include a number of fire safety measures, whilst the inspection undertaken by F&RNSW and Council’s revealed those measures installed were not being maintained.

Period for compliance with order

The order is to be complied with, within 270 days (nine months) from the date of the order or a time that is considered reasonable after Council officers have consulted with the owners.

Warwick Bailey

Fire Safety Coordinator

Anne Seaton

Manager Regulation & Compliance

Michael Miocic

Director Development & Regulation

Attachments:

A1

Building Fire Safety Report by Fire & Rescue New South Wales

2017/178202

Ordinary Meeting of Council - 18 July 2017

GB.4 / 101

Item GB.4

DA0249/16

15 June 2017

Report title:

24-28 Holford Crescent, Gordon - Demolition of existing structures and construction of a seniors living development comprising 16 units, basement parking, landscaping and associated works - Integrated Development (NSW Rural Fire Service under the RFS Act 1997)

ITEM/AGENDA NO:

GB.4

Application No:

DA0249/16

Property Details:

24-28 Holford Crescent, Gordon

Lot & DP No: Lot 4 DP 16691

Site area (m²):  4256m²

Zoning: R2 Low density residential and part SP2 Infrastructure (Local Road)      

Ward:

Gordon

Proposal/Purpose:

Demolition of existing structures and construction of a seniors living development comprising 16 units, basement parking, landscaping and associated works

Type of Consent:

Integrated (NSW Rural Fire Service under the RFS Act 1997)

Applicant:

Crawford Architects Pty Ltd

Owner:

Mr Bin Xu

Date Lodged:

7 June 2016

Recommendation:

Approval