Agenda of Ordinary Meeting of Council

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 8 August 2017

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillor E Malicki (Comenarra Ward)

Councillors C Szatow & D Citer (Gordon Ward)

Councillor D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

Councillor D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Acting Director Operations (Matthew Drago)

Director Community (Janice Bevan)

Acting Director Strategy & Environment (Antony Fabbro)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Integrated Planning, Property & Assets (Deborah Silva)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7:05 pm

The Mayor offered the Prayer

183

Apologies

File: S02194

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

Councillor Pettett tendered an apology for non-attendance (family matters) and requested leave of absence.

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

Resolved:

(Moved: Councillors McDonald/Armstrong)

That the apologies for Councillors Fornari-Orsmond, Pettet and Berlioz be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

The General Manager advised that an apology has been received from Director Strategy & Environment due to illness, and Mr Fabbro and Ms Silva would be assisting in his absence.

DECLARATIONS OF INTEREST

The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

No Interest was declared.

184

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors McDonald/Szatow)

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 confidential attachments to the following General Business reports:

GB.11 EOI 11-2017 Design Consultant Services

Attachment A1: .......... EOI Tender Evaluation Report

In accordance with s10a(2)(d)(iii)

Attachment A2: ................... Tender Evaluation Plan

In accordance with s10a(2)(d)(iii)

GB.12 RFT 10-2017 - Golden Grove Playground Upgrade

Attachment A1: ................. List of Tenders received

In accordance with s10a(2)(d)(iii)

Attachment A2: ............... Tender Evaluation Panel's recommendation

In accordance with s10a(2)(d)(iii)

Attachment A3: Equifax Australasia Credit Ratings Pty Ltd financial assessment - Tenderer D

In accordance with s10a(2)(d)(iii)

Attachment A4: Equifax Australasia Credit Ratings Pty Ltd financial assessment - Tenderer G

In accordance with s10a(2)(d)(iii)

GB.13 RFT 04-2017 - Open Space Grass Mowing Services Contract

Attachment A1: ............... List of tenderers received

In accordance with s10a(2)(d)(iii)

Attachment A2: ............... Tender Evaluation Panel's assessment and recommendation

In accordance with s10a(2)(d)(iii)

Attachment A3: Equifax Australasia Credit Ratings Pty Ltd Assessment - Tenderer B

In accordance with s10a(2)(d)(iii)

Attachment A4: Equifax Australasia Credit Ratings Pty Ltd Assessment - Tenderer A

In accordance with s10a(2)(d)(iii)

GB.14 RFT 01-2017 - Tree Maintenance Services

Attachment A1: .................. List of tenders received

In accordance with s10a(2)(d)(iii)

Attachment A2: ........ Tender Panel's assessment and recommendation

In accordance with s10a(2)(d)(ii)

Attachment A3: Equifax Australasia Credit Ratings Pty Ltd financial assessment - Tenderer A

In accordance with s10a(2)(d)(iii)

Attachment A4: Equifax Australasia Credit Ratings Pty Ltd financial assessment - Tenderer B

In accordance with s10a(2)(d)(iii)

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 following Confidential Reports and their attachments:

C.1 Potential Closure and Sale of a Portion of Balfour Lane Lindfield

In accordance with s10a(2)(c)

C.2 Debt Write off - Hire Fees

In accordance with s10a(2)(d)(ii)

C.3 Road Link between Moree Street and Dumaresq Street - Draft Voluntary Planning Agreement - Post Exhibition Report

In accordance with s10a(2)(d)(i) and (ii)

CARRIED UNANIMOUSLY

Address the Council

The following members of the public addressed Council on items not on the agenda:

J Harwood Endangered bushland

G Reece Development Application

Y Rathore Development Application

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:

Councillor Agenda Information:

Refer GB.3 DA0547/16 7 Wyeena Place, North Wahroonga, Torrens Title Subdivision into two lots and ancillary site works

Memorandum from Director Development and Regulation dated 7 August 2017 advising incorrect lot sizes associated with a superseded set of plans, shown on page 90 of the Business Paper of the Ordinary Meeting of Council dated 8 August 2017, under the heading Development Standards.

Confidential Councillor Agenda Information:

Refer C.3 Road link between Moree Street and Dumaresq Street, Gordon Draft Voluntary Planning Agreement – Post Exhibition Report

Memorandum from Director Strategy & Environment dated 4 August 2017 advising of a submission in respect of the exhibition of the draft Voluntary Planning Agreement.

CONFIRMATION OF MINUTEs

185

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 18 July 2017

Minutes numbered 163 to 182

Resolved:

(Moved: Councillors Szatow/McDonald)

That Minutes numbered 163 to 182 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

186

Vale Barry Eastment

File: CY00455/5

Vide: MM.1

It is my sad duty to inform my Councillor colleagues and the Ku-ring-gai community of the passing of Barry Eastment, aged 86 years, a longstanding resident of Killara.

Barry’s long association with Ku-ring-gai began with his schooling at Barker College from 1938. He was a keen all-round sportsman, excelling in swimming and high jumping for which he held the Barker College record for many years. He was a member of the school’s rugby 1st XV in 1948 and 1949 and the 1st XI cricket team from the age of thirteen.

Cricket was Barry’s sporting passion. After leaving school Barry played a total of six matches for the NSW 1st XI as a bowler, taking 3 for 20 in one match and a total of 12 wickets for his state. He also played in the NSW Colts XI in 1953 and 1954. He played with Gordon District 1st XI for several years until his knees let him down. After two operations he continued his cricket with the I Zingari Cricket Club at Cremorne for some 44 years and bowled without a run-up, claiming some 2293 wickets – a club record to this day. Barry toured overseas with the I Zingari Cricket Club, which traces its lineage back to 1845.

Being the accomplished sportsman that he was, Barry took up golf and was a member of Killara Golf Club for nearly 70 years. He was also a keen competitive golfer at the illustrious Elanora Country Club, winning several championships through the years, including the John Broadbent Cup in 1973.

Barry worked in the family construction company, F.T. Eastment & Sons, studying at Harvard Business College and the Massachusetts Institute of Technology and rising to the position of managing director by 1966. One of the Eastment buildings was Leslie Hall at Barker College, officially opened in 1965 and further underlining Barry’s legacy at the school. As one of ‘Leslie’s Men’ Barry maintained a close involvement in the school until quite recently, and with his wife, Margaret, enjoyed attending the Over 70s reunion functions.

Barry went on to develop the joinery side of the Eastment business which he operated until his retirement in 1993. His interest and understanding of timbers led to his making and restoring over 100 cricket bats, including those for several Test players.

Barry’s love of woodworking naturally led him to other like-minded residents who were involved in setting up Ku-ring-gai’s ‘Men’s Shed’ over a decade ago. The Men’s Shed was a group of retired tradesmen and professionals who came together to share their enthusiasm for woodworking and in turn, created a valuable social outlet for men in later life. Barry was part of the initial group that established the Ku-ring-gai Shed at St Ives Showground.

He enjoyed the friendship and companionship of The Shed where he could use and share his building and woodworking skills and in 2015 was awarded life membership in recognition of his contribution as a founding member.

Former Shed members recall Barry as being ‘a thorough gentleman, kind and considerate of others, with a pleasing smile and a quick wit, cheeky repartee and wicked sense of humour’.

On a personal note, I have fond memories of Barry and Margaret as our lovely next door neighbours of 30 years standing. Barry designed his own home there in Killara, where he and Margaret raised their daughters and continued to enjoy retirement. Barry leaves behind Margaret, daughters Deborah, Joanne and Anna-Jane and their husbands, sister Christine and eight grandchildren, two of whom are current students at Barker College.

On behalf of the Council, I express our deepest sympathies upon the passing of this much-loved member of the Ku-ring-gai community. May he rest in peace.

Resolved:

A. That the Mayoral Minute be received and noted.

B. That we stand for a minute’s silence to honour Barry Eastment.

C. That the Mayor writes to Barry’s family and encloses a copy of this Mayoral Minute

CARRIED UNANIMOUSLY

GENERAL BUSINESS

187

Ku-ring-gai Community Groups Centre, 177 Rosedale Road St Ives - Various Licence Renewals

File: S07503

Vide: GB.1

For Council to approve granting licences to community organisations currently occupying areas within the Ku-ring-gai Community Groups Centre, 177 Rosedale Road, St Ives.

Resolved:

(Moved: Councillors McDonald/Armstrong)

A. That licences at the St Ives Community Groups Centre be granted to the following community organisations a period of five (5) years:

Room 1 Northern Sydney Central Service Office

Room 2 JewishCare

Rooms 3 & 6 Lorna Hodgkinson Sunshine Homes

Area 5 Hornsby Ku-ring-gai Community College

B. That Action for People with a Disability, Room 4, holdover under current arrangements for up to 12 months, pending advice about their external funding agreement. Once funding has been confirmed, that a licence corresponding with the above terms be granted to Action for People with a Disability.

C. That, under Section 47A of the Local Government Act, Council give public notice of the proposed licences.

D. That the Mayor and General Manager be authorised to execute all necessary licence documents.

E. That Council authorise the affixing of the Common Seal of Council to the licence agreements.

CARRIED UNANIMOUSLY

188

Mayoral Donations for Financial Year 2016/2017

File: FY00275/10

Vide: GB.2

To advise Council of the Mayoral Donations made during the 2016/2017 financial year.

Resolved:

(Moved: Councillors McDonald/Armstrong)

That the report be received and noted.

CARRIED UNANIMOUSLY

189

DA0547/16 - 7 Wyeena Close, North Wahroonga - Torrens Title Subdivision into Two Lots

File: DA0547/16

Vide: GB.3

Torrens Title Subdivision into two lots and ancillary site works

Resolved:

(Moved: Councillors McDonald/Armstrong)

A. THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant deferred development consent to DA0547/16 for the Torrens title subdivision of 7 Wyeena Close, North Wahroonga into 2 lots, including the construction of a driveway, carport slab, pedestrian pathway and associated site landscaping. 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 (2) years from the date on which the consent becomes operable.

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

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

1. Drainage easement (deferred commencement)

The applicant shall submit 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 endorsed by Council’s Development Engineer. This documentation must include evidence that the easement has been registered with NSW land and Property Information.

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

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

Schedule B – Conditions of development consent

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:

Plan no.	Drawn by	Dated
Sheet 1 of 1	John Richards Surveyors	21 September 2016
Fence Detail DA.201 Revision B	RJP Design	26/6/2017
GO170253 D1 Issue C	ACOR Consultants	4.07.17
GO170253 D2 Issue C	ACOR Consultants	4.07.17
GO170253 D3 Issue C	ACOR Consultants	4.07.17
GO170253 D4 Issue C	ACOR Consultants	4.07.17
GO170253 D5 Issue C	ACOR Consultants	4.07.17
GO170253 D6 Issue C	ACOR Consultants	4.07.17
L001 Revision A	Peta Gilliand Landscape Design	11/05/17

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

2. Inconsistency between documents

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

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

3. Approved landscape plans

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

Plan no.	Drawn by	Dated
L001 Revision A	Peta Gilliland Landscape Design	05/05/17

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

4. No demolition of extra fabric

Alterations to, and demolition of the existing building shall be limited to that documented on the approved plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any portion of the existing building which is shown to be retained.

Reason: To ensure compliance with the development consent.

CONDITIONS TO BE SATISFIED PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION:

5. Asbestos works

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

Reason: To ensure public safety.

6. Tree identification

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

Reason: To protect existing trees during the construction phase.

7. Protection of garden feature

Prior to earthworks commencing, a temporary earth/rubble ramp is to be placed over the existing sandstone walls within Lot 111 to allow access for the proposed stormwater works. The earth/rubble ramp is to extend from the eastern side of the approved carport slab down to the lower section of the lot to the indicative dwelling footprint. The earth/rubble ramp is to be a maximum width of 3 metres and shall not cover the pond.

Reason: To ensure an acceptable heritage impact.

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. Tree protection fencing excluding structure

To preserve the following tree/s, no work shall commence until the tree protection zone, excluding the area of the approved driveway and carport slab 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 development work on site:

Tree/location

Radius in metres

Tree’s 4, 21, 22 & 23

/ Within Lot 110

Tree’s 1, 24, 25, 26, 27 & 47

/ Within lot 111

Tree’s 29, 30, 32 and 33

/ Within 92 Boundary Road

Tree’s 38, 39, 40 and 41

/ Within 12 Rutland Place

In accordance with the designated tree protection zones indicated in the approved Arborist Report by Footprint Green Revision 2 dated 14/06/17

Reason: To protect existing trees during the construction phase.

11. Tree protective fencing type galvanised mesh

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

Reason: To protect existing trees during construction phase.

12. Tree protection signage

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

· Tree protection zone/No access

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

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

Reason: To protect existing trees during the construction phase.

13. Ground protection - avoiding soil compaction

To preserve the following tree/s no work shall commence until temporary measures to avoid root damage and soil compaction is carried out in accordance with Section 4.5.3 (Figure 4) of AS4970-2009 within the specified area;

Tree/location

Area of protection

Tree’s 4, 21 & 23

/ Within Lot 110

Tree’s 1, 24, 25, 26 & 27

/ Within lot 111

Tree’s 29, 30, 32 and 33

/ Within 92 Boundary Road

Within the footprint of the approved driveway.

Note: the rumble boards are to be laid on a bed of mulch 100mm deep

Reason: To protect existing trees during the construction phase.

14. Tree protection measures inspection

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

Reason: To protect existing trees during the construction phase.

15. Construction waste management plan

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

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

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

Reason: To ensure appropriate management of construction waste.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE:

16. Project ecologist/bush regenerator

Prior to the issue of any Construction Certificate, a Bushland Management Plan is to be prepared and submitted to and approved by Certifying Authority for the management of the protection of the endangered ecological community known as Sydney Turpentine Ironbark Forest. All STIF is to be managed under the BMP. The BMP is to cover only areas beyond the approved development.

The Bushland Management Plan shall address habitat values, threats and ameliorative measures to ensure protection of the onsite Sydney Turpentine Ironbark Forest within the existing and newly created lot.

The Bushland Management Plan must be prepared by an appropriately qualified professional. The plan must be in accordance with the Australian Association of Bush

Regenerators Guidelines or NSW TAFE Bush Regenerators Certificate Course Guidelines. The primary objective of the plan is weed management, re-vegetation/regeneration of the native vegetation and supplementary native plantings for the benefit of the local flora and fauna.

The project ecologist/bush regenerator shall have a minimum qualification of TAFE Certificate III in Bush Regeneration or Conservation and Land Management - Natural Area Restoration. He/she shall have at least 4 years experience in the management of native bushland in the Sydney region. Details of the arborist including name, business name and contact details shall be provided to the Principal Certifying Authority with a copy to Council.

Reason: To ensure the protection of existing biodiversity values of the site.

17. Nest boxes

Prior to works commencing, 4 nest boxes comprising 2 small mammal/bird & 2 medium mammal/bird, shall be installed within the retained trees within the site. The nest boxes shall be constructed of durable wood material (marine ply) and installed at a minimum height of 6 metres from the ground and positioned under the direction of a qualified ecologist.

The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment and Heritage.

Reason: To ensure protection of fauna species.

18. Amendments to the approved plans

The plans subject of the Construction Certificate shall be amended as follows:

· The slab (floor) for the indicative carport shall be constructed as part of the subdivision works. Its dimensions and finished levels shall be as detailed on drawing DA.201 Revision B, dated 27/06/2017, prepared by RJP Design. All plans subject of the construction certificate shall be consistent with this requirement. No approval is granted for the carport structure and is to be subject to a separate application.

Reason: To ensure an acceptable heritage impact.

19. Project arborist

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

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

Reason: To ensure the protection of existing trees.

20. 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:

Plan no.	Drawn by	Dated
L001 Revision A	Peta Gilliland Landscape Design	08/05/17

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

· All landscape works within Lot 111 are to be deleted from the plan excluding the works required under the Bushland Management Plan

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

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

Reason: To ensure adequate landscaping of the site.

21. Long service levy

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

Reason: Statutory requirement.

22. Builder’s indemnity insurance

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

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

Reason: Statutory requirement.

23. Excavation for services

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

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

Reason: To ensure the protection of trees.

24. Landscape plan

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

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

Reason: To ensure adequate landscaping of the site.

25. 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.

26. Utility provider requirements

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

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

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION (WHICHEVER COMES FIRST):

27. 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.

28. Section 94 development contributions

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:

Key Community Infrastructure	Amount
Local recreation and cultural facilities; Local social facilities	$ 3,036.54
Local parks and local sporting facilities	$ 24,039.35
Total:	$ 27,075.89

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

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

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

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

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

CONDITIONS TO BE SATISFIED DURING THE DEMOLITION, EXCAVATION AND CONSTRUCTION PHASES:

29. 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.

30. 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.

31. 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.

32. Retention of garden features

The paths, curved sandstone walls and pond within Lots 110 and 111 are to be retained and preserved.

Reason: To ensure an acceptable heritage impact

33. 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.

34. 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.

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. Arborist’s report

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

Tree/Location

Time of inspection

Tree’s 4, 8, 12, 13, 21, 22 & 23

/ Within Lot 110

Tree’s 1, 24, 25, 26, 27, 47

/ Within lot 111

Tree’s 29, 30, 32 and 33

/ Within 92 Boundary Road

Tree’s 38, 39, 40 and 41

/ Within 12 Rutland Place

At the commencement of earthworks on the site followed by 2 weekly inspections until the completion of the approved driveway, carport slab and stormwater works on the site

Reason: To ensure protection of existing trees.

42. 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.

43. Cutting of tree roots

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

Tree/Location

Radius from trunk

Tree’s 4, 8, 12, 13, 21, 22 & 23

/ Within Lot 110

Tree’s 1, 24, 25, 26, 27, 47

/ Within lot 111

Tree’s 29, 30, 32 and 33

/ Within 92 Boundary Road

Tree’s 38, 39, 40 and 41

/ Within 12 Rutland Place

Within the designated tree protection zones indicated in the approved Arborist Report by Footprint Green Revision 2 dated 14/06/17

Reason: To protect existing trees.

44. Approved tree works

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

Tree/Location	Approved tree works
T7 - Acer palmatum (Japanese Maple) / Within the new driveway footprint	Removal
T14 - Unknown species / Western side boundary within the access handle for Lot 111	Removal
T15 - Acer palmatum (Japanese Maple) / Within the new driveway footprint	Removal
T16 - Acer palmatum (Japanese Maple) / Within the new driveway footprint	Removal
T28 - Syncarpia glomulifera (Turpentine) / Within the footprint of the carport slab	Removal
T31 - Pittosporum undulatum (Sweet Pittosporum) / Within the footprint of the carport slab	Removal
T48 - Brachychiton acerifolius (Flame Tree) / Within the indicative dwelling footprint on Lot 111	Removal
Tree’s 49, 50, 51, 52 & 53 - 5 x Malus floribunda (Japanese Crab Apple) / Within the indicative dwelling footprint on Lot 111	Removal

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Development Control Plan.

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

45. Hand excavation

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

Tree/Location

Radius from trunk

Tree’s 4, 21 & 23

/ Within Lot 110

Tree’s 1, 24, 25, 26 & 27

/ Within lot 111

Tree’s 29, 30, 32 and 33

/ Within 92 Boundary Road

Tree 38

/ Within 12 Rutland Place

Within the designated tree protection zones indicated in the approved Arborist Report by Footprint Green Revision 2 dated 14/06/17

Reason: To protect existing trees.

46. No storage of materials beneath trees

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

Reason: To protect existing trees.

47. Removal of refuse

All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.

Reason: To protect the environment.

48. Removal of noxious plants & weeds

All noxious and/or environmental weed species shall be removed from the property by ecological sustainable practices prior to the completion of subdivision works:

Reason: To protect the environment.

49. On site retention of waste dockets

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

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

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

Reason: To protect the environment.

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE:

50. 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.

51. Vegetation management

Prior to the issue of the subdivision certificate, the following works as detailed in the Bushland Management Plan are to be implemented.

· All weeding removal, weed techniques, environmental protection measures and ongoing maintenance works are to be carried out in accordance with the BMP.

· All noxious and environmental weeds are to be removed from the Sydney Turpentine Ironbark Forest community within the site.

· All works at all times within the Sydney Turpentine Ironbark Forest community are to be conducted by a suitably qualified bush regenerator. The minimum qualifications 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).

Documentary evidence shall be provided with the application for the Subdivision Certificate the demonstrates that the above requirements have been satisfied.

Reason: To ensure the protection and enhancement of Sydney Turpentine Ironbark Forest within the site.

52. Construction of driveway and stormwater management works

Prior to the issue of the Subdivision Certificate, the driveway and stormwater management works are to be completed in accordance with the approved plans. A suitably qualified engineer is to provide certification as to compliance with this condition.

Reason: To provide suitable vehicular access and stormwater infrastructure to the new lot.

53. Sydney Water Section 73 Compliance Certificate

Prior to release of the linen plan/issue of the subdivision certificate, the Section 73 Sydney Water compliance certificate which refers to the subdivision application must be obtained and submitted to the Council.

Reason: Statutory requirement.

54. Requirements of public authorities for connection to services

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

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

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

55. Infrastructure repair - subdivision works

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

Reason: To protect public infrastructure.

56. Provision of services

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

Reason: Access to public utilities.

57. Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied.

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

58. Sydney Turpentine Ironbark Forest protection - Section 88B instrument

Prior to release of the Subdivision Certificate, a positive covenant and restriction on the use of land are to be created under Section 88B of the Conveyancing Act 1919, burdening Lots with the requirement to maintain the endangered ecological community Sydney Turpentine Ironbark Forest community as identified in the approved Vegetation management plan in perpetuity in accordance with the approved Vegetation management plan Council is to be named as the authority to release, vary or modify the burdens.

Reason: To protect the Sydney Turpentine Ironbark Forest.

59. Submission of plans of subdivision (Torrens Title)

For endorsement of the subdivision certificate, the applicant shall submit an original plan of subdivision plus 6 copies, suitable for endorsement by Council. The following details must be submitted with the plan of subdivision and its copies:

a) the endorsement fee current at the time of lodgement

b) the 88B instrument plus 6 copies

c) all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent

d) The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

e) Proof of payment of S94 contribution

Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees. Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.

Reason: Statutory requirement.

CONDITIONS TO BE SATISFIED AT ALL TIMES:

60. Encroachment over burdens

At all times for the life of the approved development, no part of any structure shall encroach over any easement and no loadings shall be imposed to utilities within any easement unless approved by the owner(s) appurtenant to the burden.

This development consent does not set aside or affect in any way the exercise of any rights-at-law which may be conferred upon any parties by the existence and/or terms of the grant of any easements or rights-of-carriageway on or over the subject lot(s). It is the applicant’s full responsibility to ensure that any rights-at-law are investigated and upheld. Council accepts no responsibility whatsoever, at any time, for any claim for any matter or thing arising from its approval to this application involving any encroachment or other influence upon any easement or right-of-carriageway.

The applicant’s attention is directed to the rights of persons benefited by any easement or right-of-carriageway concerning the entry and breaking up of a structure approved by this consent. In the event that such a structure causes damage, blockage or other thing requiring maintenance to infrastructure within the easement or right-of-carriageway, or access is required to carry out maintenance, Council accepts no responsibility in this regard.

Reason: To ensure compliance with the development consent.

CARRIED UNANIMOUSLY

190

36-38 Awatea Road, St Ives Chase - Torrens title subdivision of land from one lot into two lots

File: DA0273/16

Vide: GB.4

Torrens title subdivision of land from one lot into two lots

Resolved:

(Moved: Councillors McDonald/Armstrong)

A. THAT the Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant development consent to DA0273/16 for Torrens title subdivision of one lot into two lots at 36-38 Awatea Road, St Ives Chase, subject to conditions. Pursuant to Section 95(2) of the Environmental Planning and Assessment Act 1979, this consent lapses if the approved works are not physically commenced within two years from the date of the Notice of Determination.

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

Plan no.	Drawn by	Dated
Site, Analysis & Subdivision Plan - drawing number 01	G5 Studio	28/07/2017
Demolition Plan	G5 Studio	27/7/17

Document(s)	Dated
Bush fire risk assessment, prepared by Control Line Consulting	21 November 2015

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

2. Inconsistency between documents

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

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

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

3. Asbestos works

Reason: To ensure public safety.

4. Notice of commencement

Reason: Statutory requirement.

5. Notification of builder’s details

Reason: Statutory requirement.

6. Sediment controls

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

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

Reason: To preserve and enhance the natural environment.

7. Erosion and drainage management

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

Reason: To preserve and enhance the natural environment.

8. Construction waste management plan

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

Reason: To ensure appropriate management of construction waste.

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

9. Long service levy

Reason: Statutory requirement.

10. Builder’s indemnity insurance

Reason: Statutory requirement.

11. 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.

12. 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.

13. Utility provider requirements

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

14. Building plan approval (Sydney Water)

The approved plans must be submitted to the Sydney Water Tap in™ online service to determine whether the development will affect any Sydney Water sewer or water main, stormwater drains and/or easement, and if further requirements need to be met.

The Sydney Water Tap in™ online self-service replaces our Quick Check Agents as of 30 November 2015.

The Tap in™ service provides 24/7 access to a range of services, including:

· building plan approvals

· connection and disconnection approvals

· diagrams

· trade waste approvals

· pressure information

· water meter installations

· pressure boosting and pump approvals

· changes to an existing service or asset, e.g. relocating or moving an asset.

Sydney Water’s Tap in™ online service is available at:

https://www.sydneywater.com.au/SW/plumbing-building-developing/building/sydney-water-tap-in/index.htm

Reason: To comply with Sydney Water requirements.

15. Section 73 Certificate (Sydney Water)

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.

It is recommended that applicant apply early for the certificate, as there may be water and sewer pipes to be built and this can take some time. This can also impact on other services and building, driveway or landscape design.

Application must be made through an authorised Water Servicing Coordinator. For help either visit www.sydneywater.com.au > Plumbing, building and developing > Developing > Land development or telephone 13 20 92.

If you require any further information, please contact Lulu Huang of Growth Planning and Development on urbangrowth@sydneywater.com.au.

Reason: To comply with Sydney Water requirements.

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

16. 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:

(e) In this condition:

Reason: To maintain public infrastructure.

17. Section 94 development contributions - other than identified centres

Key Community Infrastructure	Amount
Local recreation and cultural facilities; Local social facilities	$3, 036.54
Local parks and local sporting facilities	$24, 039.35
Total:	$27, 075.89

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.

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

18. Road opening permit

Reason: Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.

19. Prescribed conditions

· the work must be carried out in accordance with the requirements of the Building Code of Australia

(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.

20. Hours of work

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.

21. Approved plans to be on site

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

22. 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.

23. 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

· 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.

24. Use of road or footpath

Reason: To ensure safety and amenity of the area.

25. 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.

26. 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.

27. 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.

28. Road reserve safety

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

29. Services

Reason: Provision of utility services.

30. Erosion control

Reason: To protect the environment from erosion and sedimentation.

31. Cutting of tree roots

Tree/Location	Radius from trunk
ANY tree protected by Council’s Tree Preservation Policies	12 x trunk diameter

Reason: To protect existing trees.

32. Approved tree works

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

Tree/Location	Approved tree works
Bamboosa spp (Bamboo) Site frontage	Removal

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

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

33. 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.

34. 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.

35. On site retention of waste dockets

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

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

Reason: To protect the environment.

Conditions to be satisfied prior to the issue of a Subdivision certificate:

36. Demolition works

All structures approved as part of the proposal to be demolished must be demolished prior to the release of the subdivision certificate.

Reason: To ensure no structures overhang the newly created boundary for the orderly development of the land.

37. Sydney Water Section 73 Compliance Certificate

Reason: Statutory requirement.

38. Requirements of public authorities for connection to services

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

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

39. Infrastructure repair – subdivision works

Reason: To protect public infrastructure.

40. Provision of services

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

Reason: Access to public utilities.

41. Issue of Subdivision Certificate

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

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

42. Submission of 88b instrument

Prior to the issue of the Subdivision Certificate, the applicant must submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies to Council. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the burdens.

Reason: To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.

43. Submission of plans of subdivision (Torrens title)

a) the endorsement fee current a the time of lodgement

b) the 88B instrument plus 6 copies

c) all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent

d) The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

e) Proof of payment of S94 contribution

Reason: Statutory requirement.

44. General easement/R.O.W. provision and certification

Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision. Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required, then proof to this effect must be submitted to the Principal Certifying Authority.

Reason: To ensure that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.

45. Compliance with bush fire assessment, report and certificate

Prior to the issue of a Subdivision Certificate, the Principal Certifying Authority shall be satisfied that all recommendations listed in the bush fire risk assessment and report below have been complied with:

Document title	Prepared by	Dated
Bushfire Risk Assessment	Control Line Consulting	21 November 2015

Reason: Statutory requirement.

Conditions to be satisfied prior to the issue of either an Occupation or Subdivision Certificate (which comes first):

46. Decommissioning of the existing on site waste water treatment system

Prior to the issue of the subdivision certificate, certification is to be provided from a licensed plumber that the existing on-site waste water treatment system has been decommissioned and demolished in accordance with the following NSW Health requirements: "Advisory Note 3 - Revised January 2017 - Destruction, Removal or Reuse of Septic Tanks, Collection Wells, Aerated Wastewater Treatment Systems (AWTS) and other Sewage Management Facilities (SMF)".

Reason: Public safety.

Conditions to be satisfied at all times:

47. Asset Protection Zones (NSW Rural Fire Service)

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

1. At the issue of subdivision certificate and in perpetuity, each of the proposed lots shall be managed as an inner protection area (IPA) (excluding the area with greater than 18 degrees down slope) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Reason: To comply with Rural Fire Service requirements.

CARRIED UNANIMOUSLY

191

DCP Amendment - Greenweb Mapping for Deferred Areas - Exhibition

File: S11507

Vide: GB.5

For Council to consider an amendment to the Ku-ring-gai Development Control Plan to update the Greenweb Maps to incorporate the Deferred Areas, for public exhibition.

Resolved:

(Moved: Councillors McDonald/Szatow)

A. That Council endorses the draft amendment to Ku-ring-gai Development Control Plan to incorporate the revised Greenweb Maps (Attachment A1) for public exhibition.

B. That the draft amended Ku-ring-gai Development Control Plan incorporating the revised Greenweb maps be placed on exhibition in accordance with the requirements of the Environmental Planning & Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

C. That a report be brought back to Council following the public exhibition.

CARRIED UNANIMOUSLY

192

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

File: FY00382/9

Vide: GB.6

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

Resolved:

(Moved: Councillors McDonald/Szatow)

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

CARRIED UNANIMOUSLY

193

Council Submission Parliamentary Inquiry into Commuter Parking in NSW

File: S04035

Vide: GB.7

To have Council consider a submission on Commuter Parking in NSW.

Resolved:

(Moved: Councillors McDonald/Szatow)

That Council endorses the submission on Commuter Parking in NSW.

CARRIED UNANIMOUSLY

194

Heritage Home Grant Allocations 2017/18

File: S11080

Vide: GB.10

For Council to consider the recommendations from the Heritage Reference Committee (HRC) regarding the allocation of the Heritage Home Grants for 2017/18.

Resolved:

(Moved: Councillors McDonald/Szatow)

That Council approves the grant applications summarised in Attachment A1 for the Heritage Home Fund 2017/18 under the conditions outlined in the Heritage Home Fund guidelines, the requirements in the letter of offer from Council and the additional conditions in Attachment A2.

CARRIED UNANIMOUSLY

195

EOI 11-2017 Design Consultant Services

File: EOI11-2017

Vide: GB.11

To advise Council of the Expressions of Interest (EoI) received for Expression of Interest no. EOI11-2017 Design Consultancy Services and to seek approval to call selective tenders and/or quotations from this pre-qualified panel of consultants as recommended in the Tender Evaluation Panel shortlist attached to this report.

Resolved:

(Moved: Councillors McDonald/Armstrong)

A. That Council accept the submissions from the selected applicants as set out in the Tender Evaluation Report (Confidential attachment A1) to be part of a pre-qualified panel that will then be given the opportunity to enter “Select tender” and “quotation” processes, which will include financial bids, in order to be awarded design consultancy projects.

B. That all applicants be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.

CARRIED UNANIMOUSLY

196

RFT 10-2017 - Golden Grove Playground Upgrade

File: S10917

Vide: GB.12

To consider the tenders received for the construction/ upgrade of the children’s playground at Golden Grove, Bicentennial Park, and appoint the preferred tenderer.

Resolved:

(Moved: Councillors McDonald/Szatow)

A. That Council accept the recommendation detailed in the confidential Attachment 1, for the construction / upgrade of Golden Grove Playground, Bicentennial Park, Lofberg Road, West Pymble NSW 2073.

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

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

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

CARRIED UNANIMOUSLY

197

RFT 04-2017 - Open Space Grass Mowing Services Contract

File: S11421

Vide: GB.13

To consider the tenders received for the mowing of parks, sportsfields, road reserves and laneways and appoint the preferred tenderer.

Resolved:

(Moved: Councillors McDonald/Armstrong)

A. That Council accept the recommendation detailed in confidential Attachment 1 for the mowing of parks, sportsfields, road reserves and laneways in the Ku-ring-gai Local Government Area.

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

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

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

CARRIED UNANIMOUSLY

198

RFT 01-2017 - Tree Maintenance Services

File: S11335

Vide: GB.14

To consider the tenders received for the maintenance of public tree assets in the Ku-ring-gai Local Government Area.

Resolved:

(Moved: Councillors McDonald/Armstrong)

A. That Council accept the tender submissions from Tenderer ‘A’ and Tenderer ‘B’ to carry out the maintenance of street tree assets in the Ku-ring-gai Local Government Area.

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

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

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

CARRIED UNANIMOUSLY

199

Council Sponsorship Graffiti Removal Program 2017/2022

File: S05650

Vide: GB.15

To seek Council’s endorsement of a Memorandum of Understanding to provide funding to Rotary Clubs of Ku-ring-gai for the cleaning of graffiti from business and private property.

Resolved:

(Moved: Councillors McDonald/Szatow)

1. That Council approve a Memorandum of Understanding between Ku-ring-gai Council and Turramurra Rotary

2. That funding of $12,000 annually be allocated from the Building Maintenance recurrent Budget.

3. That Council thank Turramurra Rotary for their assistance.

CARRIED UNANIMOUSLY

200

At Grade Parking St Ives Village Green

File: S07533

Vide: NM.1

Notice of Motion from Councillor Berlioz dated 24 July 2017

Report deferred from Ordinary Meeting of Council 18 July 2017.

The plans for right angle carparking proposed in the SIVG Masterplan will result in the loss of street trees and more importantly the apparent loss of native vegetation on Cowan Road and a number of significant trees on the Green along Memorial Avenue.

According to the Masterplan, the current pathway and verge would be replaced by a pathway measuring 2.5 metres.

The replacement pathway would run parallel to the road to replace the existing verge and pathway and the boundary of the Green would be set back into the Green. It appears this will result in the removal of a number of significant original trees in Memorial Avenue, in addition to reducing the net area of Village Green by a around 300 sqm.

Along Cowan Road, the right angle carparking would require the removal of native vegetation for the relocation of the pathway.

There is currently congestion and competition for carparking in St Ives as the retail/commercial businesses adjacent the Green have not provided adequate car-parking. There consequently exists a shortfall of about 450 car spaces that is provided by council owned carparks.

The 20 hectare site Village Green site was acquired in 1948 and a Committee of residents fund raised for the facilities on the Green and started tree planting in 1953. At grade carparking is required to service the users of the Green. However, it is unacceptable that St Ives residents should pay for the car parking shortfall by retail /commercial owners with the loss of significant green open space and vegetation on such a significant open space. This is particularly objectionable when council plans to dispose of the existing council at grade carparks.

I move that, to provide a compromise between additional short stay parking opportunities and the need to maintain some longer stay parking for visitors during periods of high demand in the short-medium term, it is recommended to:

1. Provide 2 accessible parking spaces and 1 Loading Zone on northern side of Village Green Parade (near Memorial Avenue). Signpost the remainder of the parking spaces in this area as 2 hr spaces (8.30 am – 6pm Monday-Friday, and 8 am – 4 pm Saturday).

2. Signpost the western side of Memorial Avenue (between the existing driveway entry to St Ives Village Green and the Bus Zone at the northern end) as 4 hr spaces (8.30 am – 6pm Monday-Friday, and 8 am – 4 pm Saturday).

3. Signpost 9 spaces on the eastern side of Cowan Road (south from the existing driveway entry to Cowan Oval) as 4 hr spaces (8.30 am – 6pm Monday-Friday, and 8 am – 4 pm Saturday).

4. That a report be brought back to Council after implementation of the above measures and timed parking within the St Ives Shopping Village so that Council may consider the benefits of timed parking prior to implementing any angle parking options on Memorial Avenue and Cowan Road contemplated in the St Ives Village Masterplan.

5. If indented or angle parking is proposed an overlay of the vegetation mapping on the plans for right angle car parking on Cowan Road and Memorial Avenue be presented to Council. These plans must include a scale drawing of the proposed relocated pathways and adjusted boundary to the Village Green in addition to the identification of all trees to be removed or which will be affected by construction within their TPZ zone.

Resolved:

(Moved: Councillors McDonald/Szatow)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

201

Potential Closure and Sale of a Portion of Balfour Lane Lindfield

File: 88/06274/01

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)(c), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(c) of the Act permits the meeting to be closed to the public in respect of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

The matter is classified confidential because it deals with the proposed acquisition and/or disposal of property.

It is not in the public interest to release this information as it would prejudice Council’s ability to acquire and/or dispose of the property on appropriate terms and conditions.

Report by Manager Integrated Planning, Property & Assets dated 28 July 2017

Resolved:

(Moved: Councillors McDonald/Armstrong)

A. That the General Manager or his delegate continues commercial negotiations for the potential divestment of a portion of Balfour Lane, Lindfield within the valuation range discussed in the report.

B. That a further report be submitted to Council detailing the outcomes of the commercial negotiations.

C. That, upon issuance of the Certificate of Title for the land known as Balfour Lane is classified as Operational Land.

CARRIED UNANIMOUSLY

202

Consideration of submissions – Proposal for the creation of BioBanking sites within Council owned or managed land in Ku-ring-gai

File: S11273

Vide: GB.8

For Council to adopt the Biodiversity Banking and Offsets Scheme (BioBanking) as an ongoing biodiversity management approach within Council owned or managed land classified as Community Land under the Local Government Act 1993, following public exhibition.

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

J Harwood

P Cooper

Resolved:

(Moved: Councillors Malicki/Szatow)

A. That Council adopts the Biodiversity Banking and Offsets Scheme (BioBanking) as an ongoing biodiversity management approach within Council owned or managed land classified as Community Land under the Local Government Act 1993.

B. That Council will maintain or increase its current funding levels for bushland management (from both the Environmental Levy and Council's recurrent budget) despite the use of BioBanking as an ongoing management tool.

CARRIED UNANIMOUSLY

203

Expression of Interest - NSW Government's Land Negotiation Program

File: S06258

Vide: GB.9

To advise Council of the Department of Industry - Lands & Forestry’ call for expression of interests to participate in the Land Negotiation Program.

Resolved:

(Moved: Councillors Malicki/Szatow)

A. That Council staff write to the Metropolitan Local Aboriginal Land Council to establish whether to submit a joint Expression of Interest for the Land Negotiation Program.

B. That subject to the Metropolitan Local Aboriginal Land Council advice, staff prepare and submit an Expression of Interest to participate in the NSW Government’s the Land Negotiation Program.

C. That the submission include those Crown lands where Council is the existing Care, Control, Manager and Reserve Trust Manager.

D. That the submission include those Crown lands adjacent to Council owned land of high ecological importance and/or leasehold interests.

E. That a further report be brought back to Council prior to entering into any final agreement under the Land Negotiation Program.

CARRIED UNANIMOUSLY

Council resolved itself into Closed Meeting
with the Press and Public Excluded to deal with the following item
after a Motion moved by Councillors Malicki and McDonald
was CARRIED UNANIMOUSLY

204

Debt Write off - Hire Fees

File: S11243

Vide: C.2

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)(d)(ii), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of Council, or

(iii) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.

Report by Director Community dated 20 June 2017

Resolved:

(Moved: Councillors Malicki/McDonald)

A. That Council write-off a debt for the amount of $15,108 for Weber Bros Circus & Logistics Pty Ltd, trading as the Moscow Circus, account number 1015125 and that this entity be banned from leasing Council property in the future, unless all previous debts are paid.

B. That a policy be developed and reported back to Council to ensure that any entity, debtor or like debtor who is the subject of a write-off be banned from future hiring.

CARRIED UNANIMOUSLY

205

Road Link between Moree Street and Dumaresq Street - Draft Voluntary Planning Agreement - Post Exhibition Report

File: S08622/4

Vide: C.3

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 sections 10A(2)(d)(i) & 10A(2)(d)(ii), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of Council, or

(iii) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders. Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

It is not in the public interest to reveal details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(iv) prejudice the commercial position of the person who supplied it, or

(v) confer a commercial advantage on a competitor of Council, or

(vi) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.

Report by Manager Urban & Heritage Planning dated 19 July 2017

Resolved:

(Moved: Councillors Malicki/Szatow)

A. That, subject to the finalisation of the refinement of an existing clause to cap the exposure of Council to cost overruns to 110% of the agreed estimated cost prior to commencement, (except in the case of a change of scope of the project due to unforeseen technical issues as elsewhere provided for in the VPA as a trigger for a revision of the agreed estimated cost), then the draft VPA relating to the property at 29, 29A and 31 Moree Street, Gordon for the purposes of delivering part of a road link adjoining that property and providing access to it can be entered into.

B. That in accordance with section 55(3)(i) of the Local Government Act 1993, Council resolves not to call for tenders for the delivery of any part of the road link between Dumaresq Street and Moree Street, Gordon that is to be project managed and delivered in accordance with the proposed and current Planning Agreements respectively because of the extenuating circumstances and an unavailability of tenderers given that the economies of scale between the delivery of the roadways concurrent with adjoining development can only be achieved by that development, as a consequence of which a satisfactory result would not be achieved by inviting tenders.

Reason

Because Moree Terraces Pty Ltd is the entity with an interest in the adjoining land at 29, 29A and 31 Moree Street that is the subject of DA0095/16, it is the only entity with the capacity to co-ordinate access to the construction zone and the concurrent delivery of the road with the adjoining development and that if a third party were engaged to deliver the road unconnected to Moree Terraces Pty Ltd, the cost would be greater due to the loss of economies of scale and the need to co-ordinate construction.

C. That the General Manager be given delegated authority to finalise the refinement of the clauses to limiting the exposure of Council to increased costs beyond the agreed estimated cost of the final construction drawings at commencement . This should be in a manner that reflects the adjoining executed Planning Agreement, but together with such clauses relating to the process for varying the agreed estimated cost due to unforeseen circumstances or site conditions as may also satisfy the developer (as to their protection against unreasonable additional costs) to culminate in an agreement that is considered reasonable by and for both parties.

D. That the General Manager be given delegated authority to finalise of any terms of the Planning Agreement with Moree Terraces Pty Ltd that do not or will not affect the core intention of the contributions to be made under that agreement to protect Council’s interests in the delivery of the future public road.

E. That in the event a cost capping mechanism with scope for variations based on key triggers cannot be agreed, then the matter be further reported to Council together with an alternative mechanism for road delivery.

CARRIED UNANIMOUSLY

Council resolved to return to Open Council
after a Motion moved by Councillors Szatow and McDonald
was CARRIED UNANIMOUSLY

The General Manager adverted to the consideration of the matters referred to in the Minutes numbered 204 and 205, and to the resolution contained in such Minutes.

The Meeting closed at 8.42 pm

The Minutes of the Ordinary Meeting of Council held on 8 August 2017 (Pages 1 - 6) were confirmed as a full and accurate record of proceedings on 22 August 2017.

__________________________ __________________________

General Manager Mayor / Chairperson

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity.	Opportunities are identified, provided and promoted for the community to share cultural experiences.	To stage events consistent with Council’s Sponsorship policy.

Ordinary Meeting of Council - 22 August 2017	GB.4 / 74

Item GB.4	DA0410/16
	11 July 2017

development application

Summary Sheet

Report title:	3 Graham Avenue, Pymble - Torrens title subdivision of one lot into two lots - (Heritage Conservation Area)
ITEM/AGENDA NO:	GB.4

Application No:
Property Details:	3 Graham Avenue PYMBLE NSW 2073 Lot & DP No: Lot 2 DP 1205319 and Lot 3 DP 1205319 Site area (m²): 3,592m² (excluding access handle) Zoning: R2 Low Density Residential
Ward:	St Ives
Proposal/Purpose:	Torrens title subdivision of one lot into two lots - Heritage Conservation Area
Type of Consent:	Local
Applicant:	Ian Glendinning Planning P/L
Owner:	Pride International Investment P/L
Date Lodged:	05/09/2016
Recommendation:	Approval

Purpose of Report

To determine Development Application DA0410/16 that seeks consent for the Torrens Title subdivision of one lot into two lots. The application is reported to Council as it contains Blue Gum High Forest which is a critically endangered ecological community.

integrated planning and reporting

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai.

Applications are assessed in accordance with State and local plans.

Assessments are of a high quality, accurate and consider all relevant legislative requirements.

History

DA History

Council’s electronic database references the following Development Applications made with respect to the subject site:

Development Application No.	Proposal	Assessment	Date of Determination
DA0538/13	Proposed boundary adjustment & land transfer (stage 1), construct access handle driveway, entry columns, gate, retaining walls & associated landscaping (stage 2) - Heritage item. Amongst other things, this application transferred what is now known as Lot 3 in DP 1205319 to the new owners from No. 29 Telegraph Road, which is a listed heritage item. As a result, technically Lot 3 in DP 1205319 remains a listed heritage item given it remains mapped under KLEP (Local Centres) 2012.	Approved by the Land and Environment Court	1 September 2014

The Site

Site Description

The site is known as 3 Graham Avenue, Pymble and is legally described as Lot 2 in DP 1205319. The property is located on the south-western side of Graham Avenue. The site has an area of 3,592m² (excluding the access handle, Lot 3 in DP 1205319) and is slightly irregular in shape with a splayed southern boundary. The site has a maximum width of 69.57m and an approximate depth of 27 metres. The site is vacant following the demolition of pre-existing structures, approved pursuant to DA0416/14.

Access to the site from Graham Avenue is via an access handle, identified as Lot 3 in DP 1205319. The access handle has an area of 376.6m² and is a listed heritage item, as it was formerly part of No. 29 Telegraph Road.

Figure 1: aerial image of the development site and surrounding properties

Surrounding Development

Surrounding development consists of single and two storey residential dwellings sited on large landscaped allotments.

The Proposal

Development consent is sought for Torrens title subdivision of one allotment into two, being proposed Lots 10 and Lot 11. The development indices for the proposed subdivision are as follows; all of which are exclusive of the area of Lot 3 in DP 1205319:

Lot 10:

- area 2108m²

- average width 33.8m

- average length 63.9m

Lot 11:

- area 1484m²

- average width 27.9m

- average length 53.5m

Other works:

- stormwater drainage

- interallotment drainage

Consultation

Community

In accordance with Section A, Part 25 of the Ku-ring-gai Local Centres DCP, owners of surrounding properties were given notice of the application. In response, submissions from the following were received:

1. Gary Withers – 18 Taunton Street, Pymble

2. Peter and Julie Hanlon – 19 Taunton Street, Pymble

3. Deirdre Selby – 21 Taunton Street, Pymble

4. David and Edwina Burns – 29 Telegraph Road, Pymble

5. Robyn Gleeson – 31 Telegraph Road, Pymble

6. Nicholas Willetts – PO Box 679, Lindfield

7. Brian and Dell Burman – 21 Telegraph Road, Pymble

The submissions raised the following issues:

Opposition to subdivision

Objection is raised to the proposed subdivision, as it is likely that a future Development Application will seek consent to erect two dwellings (one on each newly created lot).

Indicative building footprints have been included on the subdivision plan for the purposes of determining whether the new lots are able to accommodate a future dwelling house. A merit assessment concludes that the new lots are able to accommodate new dwellings which would generally be compliant with Council’s numerical controls. Furthermore, the development site is zoned R2 Low Density Residential. Dwelling houses are a permissible form of development within the zone and any future application would need to be assessed on its planning merits.

Increased use of driveway

Concern is raised that the increased use of the existing driveway of No. 3 Graham Avenue, as a result of two future dwellings, may result in adverse noise impacts to the living area of No. 5 Graham Avenue. It is considered that the increase in use will be minimal and as a consequence the impact will not be significant, notwithstanding that this would be a matter to be considered in the assessment of any future DA for dwelling houses.

Increased traffic along Graham Avenue

Concern is raised that the future addition of two new dwellings will increase the traffic on Graham Avenue, which would be dangerous and detrimental to the area.

Council’s Development Engineer has raised no objections to the proposal. Any likely increase will be minimal and would not have a significant impact.

Approved screening

Concern is raised that the approved landscape screening, pursuant to DA0538/13, has not been maintained. This matter has been referred to Council’s Compliance Unit for further action.

Heritage impacts

The objector states that new dwellings would result in adverse impacts on Pymble’s significant historic and architectural buildings. No new dwellings are proposed as part of this application and any future Development Application will be assessed on their own merits. The proposed subdivision was referred to Council’s Heritage Advisor who did not raise any objection to the proposal.

Amenity impacts

The objector states that there are a number of issues relating to the loss of amenity to No. 21 Telegraph Road, arising from the proposed development and the future intention by the applicant to construct two buildings, without providing adequate detail of the new buildings. The subject application is for Torrens title subdivision only. Dwelling houses are not proposed under this application.

The subdivision plan details the indicative building footprints on both lots, which demonstrates that the new lots are of a size and configuration that can support a single dwelling house in the future, capable of satisfying Council’s relevant controls. Future dwellings are capable of being designed to ensure reasonable levels of amenity are maintained to the neighbouring properties, including to areas of private open space and habitable rooms.

Loss of bushland and city views

The objector is concerned that the height of future dwellings on the new lots may interrupt foreground local views and distant views of Sydney’s CBD. Matters relating to view loss shall be assessed against Council’s relevant controls should dwelling houses be proposed under a future Development Application. Council’s Ecological Assessment Officer has raised no concerns on the proposal subject to conditions to mitigate any potential impacts. (Conditions 41 and 42).

Permissibility

The objector claims that No. 31 Telegraph Road, which is also within the HCA, was not allowed to be subdivided. Accordingly, the permissibility of subdividing No. 3 Graham Avenue is questioned.

Council’s records do not contain any evidence that a DA for subdivision was lodged for 31 Telegraph Road.

No. 3 Graham Avenue is zoned R2 Low Residential Development, within the Ku-ring-gai Local Environmental Plan (Local Centres) 2012. The proposed development is defined as a Torrens title subdivision of one lot into two on the subject site and is a permissible form of development under Clause 2.6 of the KLEP (Local Centres) 2012.

Concerns for wildlife

The objector states that the proposed clearing of trees for the subdivision will result in loss of habitat for wildlife. Council’s Ecological Assessment Officer raised no concerns with the proposal, subject to Condition 4. Furthermore, there is no tree removal proposed as part of the subdivision. The previous DA consent for demolition allowed for the removal of a storm-damaged liquid Ambar. Moreover, the placement of the indicative building footprints demonstrates that all 33 remaining trees may be kept.

Concerns for Blue Gum High Forest

The site contains Blue Gum High Forest (BGHF), a critically endangered ecological community. The objector states that a future dwelling will be in closer proximity to the BGHF, thus would impact this community.

An impact assessment (7-part test) has been prepared to assess the ecological impacts of the development on the BGHF community. Council’s Ecological Assessment Officer concludes that the development will not have a significant adverse impact to the community and will not result in the removal of any trees. The assessment of any future Development Application for dwelling houses will also consider impacts to the BGHF.

Agreement for single dwelling

It is claimed that the owners of No. 29 Telegraph Road, a State Listed heritage item, entered into an agreement with the owners of Lot 2 (the subject site) to allow them to use lots 2 and 3 for access to Taunton Street. Part of the agreement also restricted future development to a single dwelling on Lot 2. There is no evidence to support this claim, nevertheless, it is a private matter, irrelevant to this application. The objector also claims that the proposal of 2 dwellings is not considered appropriate for the following reasons:

· driveway is designed for single dwelling traffic

· safety impacts to No. 29 Telegraph Road

· future dwelling will be in closer proximity to boundary of No. 29 Telegraph Road

· closer setback of new dwelling will compromise integrity of No. 29 Telegraph Road

The subject application is for the Torrens title subdivision only. Council’s Development Engineer has not raised a concern relating to driveway design or safety impacts. Any future development application for a dwelling house or other permissible use, will be considered on its own merits. Further, there does not appear to be any restrictions of this nature on the title of Lot 3. Nevertheless, even if such restrictions were to exist, Clause 1.9A provisions suspend covenants agreement and instruments for the purposes of enabling development to be carried out in accordance with the KLEP (Local Centres) 2012.

Preservation criteria for No. 29 Telegraph Road

The submitter claims that placing a dwelling in closer proximity to No. 29 Telegraph Road is inconsistent with Council’s strict preservation criteria, which seeks to protect the State Listed Heritage Item. The proposal is for the subdivision of one lot into two. No dwellings are proposed under the subject application. The proposed subdivision has been assessed by Council’s Heritage Advisor has not raised any objections the proposal.

Unreliable Heritage Impact Statement (HIS)

The objector claims that the HIS contains inaccuracies and errors.

Council’s Heritage Advisor has reviewed the proposal, including all documents and information submitted with the application and concludes that the subdivision will have minimal impacts on the HCA’s significance and on the adjoining heritage item.

Stormwater management and overland water flows

The objector raises concern with regard to the stormwater management for the proposed subdivision.

The applicant has provided adequate stormwater details, which depict future inlet connections at the rear of proposed Lot 10 with an interallotment drainage easement to be created. The plans also show 150mm high kerb along the boundary to prevent overland flow, into No. 19 and 21 Taunton Street. This will prevent any flooding of neighbouring properties. Council’s Development Engineer has raised no objection to the proposal.

Easement access

The owners of No. 29 Telegraph Road state that they have access to the easement which runs from the south western corner of Lot 2, to Taunton Street and raise concern that the subject application has made no reference to the objectors’ use of the easement.

Subdivision of Lot 2 will not extinguish any right of access to an easement. An easement is a property right and any matters relating to the use of the easement is a civil matter.

Tree impacts

The objector is concerned that the excavation for the easement on 19 Taunton Street will impact on the roots of a Liquid Amber and a Cedar tree. To avoid impacts, the applicant has proposed that all service trenches, including those for stormwater pipe installation, be dug via horizontal directional drilling under the supervision of a qualified arborist. As a result, no concerns are raised by Council’s Landscape Assessment Officer.

Removal of retaining walls and cut and fill

Concern is raised with regard to impacts associated with the removal of retaining walls and cut and fill on the development. The only physical works proposed under the subject application are for the construction of interallotment drainage and services within the registered right of way over No. 19 Taunton Street. These works are unlikely to result in any significant impact in this regard. Nevertheless, Conditions 7, 8, 26 and 32 are recommended to minimise any impacts from soil erosion, drainage management and guarding excavations.

Within Council

Heritage

Council's Heritage Advisor commented on the proposal as follows:

Heritage status

The access handle (Lot 3 in DP 1205319) is a heritage item and the overall site is located within the Park Estate Heritage Conservation Area (C7) and adjoins items at No 21 & 23 Telegraph Road and is within the vicinity of several Heritage Items at:

- 2A, 4, 19, 17 & 31 Telegraph Road, and

- 9 Graham Avenue.

Clause (4) of the KLEP 2015 requires that before granting consent to the proposed works Council must consider the effect of the works on the heritage item, nearby items or conservation area concerned.

Statement of Significance

The following is taken from Council’s inventory information for the HCA precinct:

Historical Significance:

The Park Estate HCA is of historical significance as a late nineteenth century subdivision which retains largely intact development from the Federation and Inter-war periods.

Aesthetic Significance:

The Park Estate HCA is considered to be of high aesthetic significance for its fine collection of substantial Federation and Inter-war housing, including fine examples of the Federation Queen Anne, Federation Arts & Crafts, Inter-war Old English, Inter-war Californian Bungalow, Inter-war Functionalist and Inter-war Georgian Revival styles. The topography also adds to the area’s aesthetic significance, as the land rises from Robert Pymble Park to the north, resulting in the area’s houses overlooking the park. Houses on the even side of Taunton Street overlook the houses in Park Crescent.

The following is from the Heritage Council information on No 29 Telegraph Road:

The Eric Pratten house is important as Griffin's largest domestic commission in Australia. It was one of his last works before leaving Australia for India and completed by his associate, Nicholls. It is one of three large Griffin houses in Ku-ring-gai.

Griffin is one of the most influential architects to work in Australia, coming here after his winning design for Canberra. Griffin had a very prolific career in Australia, designing a wide range of buildings from small shelters, houses, utilitarian buildings such as incinerators, major buildings such as Newman College, whole suburbs and towns. A noted characteristic of his work is a close connection with the Australian landscape. His later work is influenced strongly by Steiner's philosophies and the belief in anthrosophy.

Donald Lesley Johnson, in his book 'The Architecture of Walter Burley Griffin', holds the view that this house is a disappointment because it seems antithetical to the philosophies of architecture, landscape design and planning Griffin formulated and practised during his stay in Australia.

Aesthetic Significance:

The Eric Pratten house is important as a large Griffin designed residence, which includes the house within its garden setting. It is rare, as the majority of his residential commissions in Australia are relatively small houses, typically one storey.

The house, formed from carefully articulated sandstone masses with battered walls, angular prows and deep reveals set beneath a series of sailing roofs in a re-interpretation of the Wrightian Prairie house. The design elements of the house demonstrate Griffin's ideas about spirituality influenced by Steiner and the concepts of anthroposophy. The Eric Pratten house is designed at the high point of Griffin's Steiner phase.

The house demonstrates a high level of technical competence and excellence, particularly related to stone construction in Australia during the 1930s.

Heritage management document

A HIS has been submitted with the application. It was prepared by an experienced heritage consultant. It has considered the NSW Heritage Council guidelines for such a document but has not considered the Ku-ring-gai DCP. It copies much of the listing information for the place from the SHI database. It acknowledges that the subject site was part of the extended garden of the heritage item at No 29 Telegraph Road, a substantial house designed by Griffin with a garden layout attributed to Marion Mahoney.

The report concludes:

The proposed works in this development application do not adversely affect the identified heritage significance of any of the heritage listed properties that adjoin the subject site, and in particular the State Heritage Item, “Coppins” or the role of those places as contributing elements in the identified C7 Urban Conservation Area. The application is similar to DA538/13 for a large single dwelling on the allotment, previously approved by Ku-ring-gai Council as having an acceptable impact. I would therefore recommend the heritage aspects of the application be approved.

It should be noted that there are errors in the heritage report. The previous application for a single dwelling on the site (DA0538/13) was subject to a Land & Environment Court approval, not a consent granted by Ku-ring-gai Council. The legal curtilage of the SHR listing includes the access driveway through No 29 Telegraph Road to Graham Avenue. The nomination for the state listing of the site was made by Ku-ring-gai Council, not the Griffin Society.

Background

This site was formerly associated with the adjoining lot at No 29 Telegraph Road, a State heritage item. This lot contained the tennis court for the item and a small cottage occupied by the gardener. The lot was purchased shortly after construction of the dwelling at No 29 Telegraph Road and it is understood that the house was planned with the intention of acquiring the lot for its expanded garden. The lot was never amalgamated although it was sold several times, it remained in the same configuration.

In 2014, Council received an application for removal of all structures on the site, construction of an access handle on the southern end of the heritage item providing access to Graham Avenue and a new large dwelling with pool and tennis court. The application was approved by the Land & Environment Court and construction of the access handle took place. Conditions were placed on the application to ensure some of the elements associated with the heritage item including the windmill and dog kennel would be relocated on the heritage lot.

Controls

The Ku-ring-gai Development Control Plan 2015 Section 19C provides objectives and controls for development within a Heritage Conservation Area. Section 19F provides objectives and controls for development within the vicinity of a heritage item or HCA. A portion of the development site (Lot 3 in DP 1205319) is a heritage item and the overall site is within a HCA. The following objectives and controls are relevant and apply to the application:

19A SUBDIVISION AND SITE CONSOLIDATION

19A.1 Subdivision and Site Consolidation within a HCA Complies

1 Applications for subdivision and site consolidation within an HCA is discouraged and will only be considered if the application:

i) will have no adverse affect on the significance of the HCA;

ii) retains the typical block width characteristics and historic subdivision pattern of the area, including rear lanes;

iii) the setting and curtilage of Heritage Items or significant buildings in the vicinity, including important structures and landscape elements, are retained;

iv) vistas and views to and from Heritage Items and contributory properties, especially the principal elevations of buildings, are not interrupted or obscured;

v) the landscape quality of the streetscape is retained;

vi) the contours and any natural features of the site have been retained and respected;

vii) will not result in future development which will adversely affect the significance, character or appearance of the HCA.

YES

Partially

YES

2 Subdivision or consolidation will not generally be permitted where the setting or curtilage of any Heritage Items and contributory properties within or adjoining the site, would be compromised.

YES

3 Applications for subdivision and site consolidation within an HCA will require a curtilage assessment.

19F DEVELOPMENT IN THE VICINITY OF HERITAGE ITEMS OR HERITAGE CONSERVATION AREAS (HCAS)
19F.1 Local Character and Streetscape
General 1 All development in the vicinity of a Heritage Item or HCA is to include a Heritage Impact Statement.	YES
Views
4. New development in the vicinity of a Heritage Item or HCA is to demonstrate that it will not reduce or impair important views to and from the Heritage Item from the public domain.	YES
19F.3 Gardens and Landscaping
Gardens, Setting and Curtilage
1 Development in the vicinity of a Heritage Item or an HCA is to: i) retain original or significant landscape features associated with the Heritage Item or HCA, or which contribute to its setting; ii) retain the established landscape character of the Heritage Item or HCA; and iii) include appropriate screen planting on side and rear boundaries.	YES YES YES
19F.4 Fencing
Fences on adjoining sites
2 No metal panel fencing is to be constructed on any boundary of a Heritage Item.	YES

Comments on DCP Controls

The following is an assessment of the above non-compliances.

1 Applications for subdivision and site consolidation within an HCA are discouraged and will only be considered if the application:

ii) retains the typical block width characteristics and historic subdivision pattern of the area, including rear lanes;

Response

“The existing site is one lot with access to Lot 3 in DP 1205319. As proposed it is to be subdivided into three lots with a reduction in the block width to accommodate the proposed new lots. The lot associated with the driveway is not modified by this application and thus has no further heritage impacts.”

iii) the setting and curtilage of Heritage Items or significant buildings in the vicinity, including important structures and landscape elements, are retained;

Response

“Historically this site was associated with the property at No 21 Telegraph Road. The property at No 21 was subdivided and the southern portion of the land acquired by the property at No 29 in 1939. A tennis court and later a gardener’s cottage were built on the lot. Although never amalgamated with the subject site, the siting of the house at No 29 was planned to take advantage of views over the lot and it forms part of its visual setting and extended curtilage. From the Heritage Council information:

The house was deliberately located with its back to the west, on a knoll at the corner were the two original lots met. This was the only position allowing the house and the rooms within to interact with all areas on the site, while taking advantage of the views.

The former tennis court and cottage are part of its visual setting and extended curtilage although now alienated from it. Further subdivision of the site does not alter the visual setting or historic connections to the adjoining heritage items.”

iv) vistas and views to and from Heritage Items and contributory properties, especially the principal elevations of buildings, are not interrupted or obscured;

“It is not possible to speculate on possible loss of views from the surrounding heritage items at this stage as no buildings are proposed in this application. However, the heritage items are sited on a ridge and enjoy extensive views towards the south including the CBD, Sydney Harbour and as far south as Malabar. Loss of those views could be potentially affected their setting and significance. Nevertheless, there is no impact as a result of this proposal.”

vi) the contours and any natural features of the site have been retained and respected;

Response

“As proposed, arboricultural report indicates no trees would need to be removed if the future buildings were limited to the indicative footprints. The existing cottage and remains of the tennis court would need to be removed if two dwellings were constructed on the site. However, approval for their removal was provided via DA 538/13. No concerns are raised in this regard.”

vii) will not result in future development which will adversely affect the significance, character or appearance of the HCA.

Response

“At this stage it is not possible to speculate on future development that might occur on the site. Consideration of future development will need to be made when a development application is made. The subject site does not have a strong visual connection to the streetscape of Graham Avenue and no visual presentation to Telegraph Road. As a result, no concerns are raised in this regard.”

3 Applications for subdivision and site consolidation within an HCA will require a curtilage assessment.

Response

“A curtilage assessment of the site has not been provided. The heritage report only refers to the curtilage of the State heritage item at No 29 Telegraph Road. The report claims the setting of the house includes the original lot on which it was built, purchased by Eric Pratten in 1934 and excludes the subject lot to the west which was part of a later expansion of the site made in 1943. This is not accurate. The subdivision that created the subject lot was approved in 1938 shortly after the house was constructed (1936) and registered in 1939 (see attached DP plan). The heritage item developed in various phases with the final construction phase occurring in the 1960s with construction of the pool and pool facilities. There were also changes to the house with a redesign of the stairs and more recently replacement of the bathroom fittings and a very recent renovation of the main house, garage and pool facilities.

A subdivision occurred in 2015, which resulted in three lots, Lot 1, 2 & 3. Lot 1 containing the State item was slightly increased in size to include a former access handle from Telegraph Road. Lot 2 is the subject site and Lot 3 contains the driveway and gates only, providing access to the subject site. This application is for subdivision of Lot 2 into two new lots with vehicular access over Lot 3 and an existing ROW access to Taunton Avenue over No 19 Taunton Avenue.”

As a result, there are no significant works which would require a curtilage assessment.

Conclusion

While the subdivision in itself has minimal impact on the heritage items and the HCA, a future application for a building or buildings or further subdivision might impact on the site. Nevertheless, it is conceivable that a future application could also have acceptable impacts.

It is considered that the subdivision of the site has minimal effects on the significance of the HCA and heritage items and is acceptable.

No heritage conditions are considered necessary.

Landscaping

Council's Landscape and Tree Assessment Officer raised no objection to the proposal and has recommended conditions to ensure trees are protected during the installation of services (Conditions 9 – 13, 34 – 38).

Engineering

Council's Development Engineer commented on the proposal, following the amended plans and information:

A Section 73 Certificate will have to be obtained prior to the issue of the Subdivision Certificate, to confirm that each lot has its own water and sewer connection.

The applicant has submitted the Deed of Agreement that allows for the retention of the easement for access (pedestrian only) and an easement for drainage of stormwater 1.5m wide. The terms have been checked and it provides sufficient evidence that the required easement can be created. A deferred Commencement Consent may be issued that requires evidence the site benefits from a drainage easement before the consent is operational.

Water management

Revised service plans have been received. Indicative building footprints have been shown on the submitted plans enabling each lot to implement its own water management system as part of any future residential development. The plan depicts a stormwater pit with future inlet connections at the rear of proposed Lot 2 with an interallotment drainage easement to be created over the right of carriage way.

The easement consists of a 150mm diameter pipe that will be conveyed by gravity to the kerb and gutter in Taunton Street, which is acceptable. Given that the site is heavily constrained with remnants of Blue Gum High Forest, the installation of the pipe will be via directional drilling.

Council has received photographic evidence from the downstream properties that shows the drains within the cul-de-sac in Taunton Street overflowing in heavy rainfall events, causing stormwater problems to the Taunton Street properties. An amended stormwater design now depicts a 150mm high kerb along the boundary to prevent overland flow onto No. 21 Taunton Street. This will address the concerns of residents in Taunton Street. The plans also show a stormwater discharge line from the proposed Lot 1 dwelling to the existing stormwater discharge pit located within the as constructed right of access, which is acceptable.

Vehicular access

An existing concrete driveway has been constructed within Lot 3 and provides connection from Graham Avenue to both lots. There is sufficient area within the site for turning areas to enable vehicles to enter and exit the site in a forward direction.

Plan of subdivision

A preliminary plan of subdivision has been submitted which is acceptable for DA purposes.

Conclusion

The proposal is acceptable, subject to conditions.

Ecology

Council's Ecological Assessment Officer commented on the proposal as follows:

The site contains Blue Gum High Forest a Critically Endangered Ecological community listed under the Threatened Species Conservation Act 1995. The BGHF is comprised of a canopy dominated by Eucalyptus saligna (Sydney Blue Gum) & Syncarpia glomulifera (Sydney Turpentine). One sub-canopy tree species Pittosporum undulatum (Sweet Pittosporum) was also identified. The native vegetation within the site which occurs primarily within the rear and along the western boundary of the site has been mapped as an area of biodiversity significance under the KLEP 2015.

The proposed development does not propose the removal of any of the characteristic trees species of the onsite BGHF community.

An impact assessment (7-part test) has been prepared to assess the ecological impacts of the development upon the endangered onsite BGHF community in accordance with section 5a of the Environmental Planning Assessment Act 1979. The conclusion of the impact assessment is that the proposal will not have a significant impact. Council’s Ecologist is in agreement with this conclusion.

Conclusion

The DA is acceptable on ecological grounds, subject to conditions.

Statutory Provisions

State Environmental Planning Policy No. 55 - Remediation of Land

The provisions of SEPP 55 require Council to consider the potential for a site to be contaminated. The subject site has a history of residential use and as such, it is unlikely to contain any contamination and further investigation is not warranted in this case.

Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005

SREP 2005 applies to the site as the site is located in the Sydney Harbour Catchment. The Planning Principles in Part 2 of the SREP must be considered in the preparation of environmental planning instruments, development control plans, environmental studies and master plans. The proposal is not affected by the provisions of the SREP which relate to the assessment of development applications as the site is not located in the Foreshores and Waterways Area as defined by the Foreshores and Waterways Area Map.

Local Content (LEP, KPSO, etc)

Ku-ring-gai Local Environmental Plan (Local Centres) 2012

Zoning and permissibility:

The site is zoned R2 Low Density Residential. In accordance with Clause 2.6 of the KLEP (Local Centres) 2012, the proposal for the torrens title subdivision of one lot into two is permissible with consent. The proposed development is consistent with the objectives of the R2 Low Density Residential zone.

Part 4 Principal development standards:

Clause 4.1(4A) – Minimum subdivision lot size

In accordance with Clause 4.1 (4A), development consent must not be granted for a subdivision of land in Zone R2 Low Density Residential, if the subdivision would result in a lot that is less than 18 metres wide at 12 metres from the street frontage of the lot. The subject site does not have a street frontage. Therefore this provision does not apply.

Development standard

Proposed

Complies

Height of buildings: 9.5m

Not proposed

N/A

Minimum subdivision lot size: 930m²

Lot 10:

- excluding access handle: 2108m²

Lot 11:

- excluding access handle: 1484m²

YES

Part 5 Miscellaneous provisions

Clause 5.9 – Preservation of trees or vegetation

The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation. The proposed development does not negatively impact upon any existing significant trees or vegetation. Council’s Landscape Assessment Officer and Ecological Assessment Officer are satisfied with the proposal in this regard.

Clause 5.10 – Heritage conservation

The subject site is located within the C7 Heritage Conservation Area – C7 Park Estate Pymble and is adjacent to heritage items No. 21 Telegraph Road, 29 Telegraph Road and in part contains a listing for Lot 3, to be used as an access way to the site.

Council’s Heritage Advisor states that, due to the location of the site and the relatively minor nature of the works, the proposed subdivision has minimal and acceptable impact on the significance of the Heritage Conservation Area and heritage items.

Part 6 Additional local provisions

Clause 6.1 – Earthworks

The proposed development will not restrict the existing or future use of the site, adversely impact on neighbouring amenity, the quality of the water table or disturb any known relics. Additionally, any excess fill will be disposed of appropriately.

Clause 6.3 - Biodiversity protection

The objectives of clause 6.3 (biodiversity protection) of the LEP are as follows:

a) protecting biological diversity of native fauna and flora, and

b) protecting the ecological processes necessary for their continued existence, and

c) encouraging the recovery of threatened species, communities, populations and their habitats, and

d) protecting, restoring and enhancing biodiversity corridors.

The subject site is mapped as being located within an area of biodiversity. The proposal is not considered to result in significant adverse impacts to the diverse native fauna and flora. The proposal meets the objectives of Council’s biodiversity protection controls and is acceptable.

These provisions have been considered by Council’s Ecological Assessment Officer, who is satisfied that the proposed development is consistent with these provisions.

POLICY PROVISIONS

Ku-ring-gai Local Centres Development Control Plan

Section A

COMPLIANCE TABLE
Development control	Proposed	Complies
Part 3: Land Consolidation and Subdivision
3A.1 Lot shape, orientation and design
The lot shape, orientation and design of consolidated and subdivided lots is to demonstrate the following: i) Ability for the lot to support the land use permitted under the zoning; ii) Protection of habitat and distinctive environmental features including: -- Cliffs and rock outcrops -- Remnant bushland and trees -- Tree hollows -- Natural watercourses iii) Sharing of views; iv) Avoiding the location of development on steep lands; v) Protection and enhancement of the amenity, solar access, privacy, open space and views of the neighbouring lots; vi) Minimisation of impacts of the development (including any asset protection zones required) on riparian or Greenweb lands; vii) Incorporation of the principles of water sensitive urban design; viii) Easements and servicing requirements; ix) Vehicular, pedestrian and bicycle access; x) Respect for and conservation of cultural heritage including any Aboriginal place or site of heritage significance; and xi) Minimisation of the need for bush fire hazard reduction, while protecting life and property.	Each allotment is of a size and configuration that can support a single dwelling house in the future, capable of complying with the relevant provisions, including built upon area, private open space, landscaping areas and solar access. This is demonstrated by orientation of the lots and indicative building footprints. The site contains BGHF which is being protected. No works that result in an impact. The site is not characteristic of having a steep slope. The proposed lot shapes and indicative building footprints demonstrate that existing amenity to neighbouring lots is capable of being protected. The proposed subdivision and associated works do not affect any identified riparian or Greenweb lands. The subdivision works enable the future development to incoporate water sensitive urban design principles. The required services are capable of being provided with regard to the existing easement. This has been demonstrated to the satisfaction of Council’s Development Engineer, subject to conditions. Vehicular and pedestrian access to the new lots is demonstrated in the application. The proposal respects and conserves heritage significance. The site is not identified as being bushfire prone land.	YES YES YES YES YES YES YES YES YES YES YES
The block width, dimension, orientation and layout are to consider the existing subdivision pattern of the locality.	The existing subdivision pattern in the immediate vicinity of the site are irregular and do not adopt a consistent shape or size. Proposed Lots 10 and 11 have block widths and dimensions consistent with battle-axe shaped lots in the locality. The proposed subdivision will not affect the street address rhythm and spacing of built form.	YES
New lot/s created are to be such that each lot with street frontage allows for the siting of a development which will address the street.	The subject site does not have a street frontage.	N/A
3A.3 Building footprint
Potential building footprints are to be identified on the site plan of all consolidation and subdivisions.	Indicative building footprints have been included on the site plan for proposed Lot 10 and Lot 11. Both lots could readily accommodate future development, consistent with the relevant provisions of the LEP and DCP including but not limited to FSR, setbacks, built upon area, private open space, landscaping areas and access arrangements. The detail of an actual development on each lot is subject to further refinement at the detailed planning stage and subject to assessment as required in any future application.	YES
Building footprints are to be located outside areas of ecological or heritage significance and to avoid the loss of trees.	Complies	YES
The footprint is to be located in an accessible and practical location, preferably with relatively flat terrain, stable soil and geology.	The indicative building footprints are sited in accessible and practical locations and on relatively flat terrain. No geological or soil constraints are identified on the site.	YES
The building footprint must be located and designed so as to allow useable open space that satisfies the open space requirements of the particular development type.	Each lot is capable of facilitating usable private open space of a minimum dimension of 5 metres and area in excess of 50m².	YES
The footprint is to be applied in accordance with the minimum building setbacks.	The site areas and dimension of Lot 10 and Lot 11 satisfy the requirements of the LEP and demonstrate that the site is capable of supporting a building footprint consistent with the requirements of the DCP, on each of these lots.	YES
Practical and suitable access is to be provided from a public road to the building footprint.	Practical and suitable access to the lots will be directly provided via the existing driveway located over Lot 3. Council’s Development Engineer is satisfied with access capabilities of the lots, subject to condition.	YES
The building footprint must be located in accordance with the requirements in Part 24 of this DCP.	Council’s Development Engineer is satisfied with the water management aspects of the proposal in pursuant to Part 24 of the DCP, subject to conditions.	YES
3A.4 Trees and vegetation
Any subdivision or consolidation proposal must demonstrate that the location and design of: i) building footprints; ii) access ways; iii) roadways, including perimeter roads or trails; iv) services; v) inter-allotment drainage easements; and vi) asset protection zones maximises the retention of, and minimises impacts on existing significant trees and vegetation on or adjacent to the site.	The proposed subdivision has been assessed by Council’s Landscape Assessment Officer and Ecologist (refer to the above comments) and no objections were raised with respect to potential impacts to trees and vegetation, subject to condition.	YES
Where a site is particularly constrained a more detailed layout of the potential development may be required.	The site is not considered to be significantly constrained.	YES
Street trees are to be planted where new roads are proposed or where the likely location of driveway crossings will result in loss of existing street trees.	The proposal does not involve a new road or the loss of any existing street trees. Prior consent has been obtained to remove one existing tree on site.	YES
The canopy is to be capable of being maintained at a minimum of 4.3 metres above the road surface to provide clearance for larger vehicles.	Complies	YES
3A.5 Access
Each lot must provide access from a constructed or dedicated public road. Where access is proposed to a section of unconstructed public road, the newly created lot will need to provide lawful, constructed access to Council’s satisfaction.	Each lot if readily accessible from an existing constructed public road being Graham Avenue.	YES
The minimum width of an access handle to a battle-axe allotment is 4.6 metres. This may be increased where length, number of lots and or topography necessitate. Access to multiple dwellings could require a wider access handle to accommodate passing bays.	>4.6m	YES
The maximum number of lots to be served by a single access handle connected to a public road is 3 lots.	Complies (two lots)	YES
Access for service vehicles, emergency vehicles and waste collection vehicles must be available.	Access for service vehicles, emergency vehicles and waste collection vehicles will be available to each lot.	YES
Movement areas are to incorporate convenient, obvious and safe pedestrian and bike links from the lot to public transport services and local facilities.	Complies	YES
3A.6 Infrastructure
All lots shall be provided services such as electricity, gas, town water supply, sewerage and communications. Such services must be located underground where new road construction occurs, and in bush fire prone lands.	Each lot will be provided with the required services (water, sewer, electricity, gas and communications).	YES
Existing or planned allocation of services and street trees must be identified on the plan.	The existing allocation of services and street trees are identified on the plan.	YES
Water management facilities, such as: i) interallotment drainage for low level lots; ii) on site detention for new roads and driveways; iii) raingardens or bioretention basins are to be provided as required by Part 24 of this DCP.	Water management facilities are provided to the satisfaction of Council’s Development Engineer, subject to conditions.	YES

Section B

Part 18 – Biodiversity

The development site is mapped at having biodiversity significance. This matter has been assessed by Council’s Ecological Assessment Officer who concludes the proposal would not have a detrimental impact in this regard.

Part 19 – Heritage items and Conservation Areas

Lot 3 which forms part of the subject site is heritage listed. The site in its entirety is within the C7 Heritage Conservation Area – C7 Park Estate Pymble. Adjoining properties, No. 21 and No. 29 Telegraph Road are heritage items. Council’s Heritage Advisor states that, due to the location of the site and the minimal nature of physical works, the proposed subdivision has no significant effects on the significance of the Heritage Conservation Area and heritage items.

Section C

Part 24 – Water Management

Council’s Development Engineer is satisfied that the proposed development will not result in a significant detrimental impact contrary to the objectives of these provisions.

Part 25 – Notification

The application was notified in accordance with the requirements of the DCP. The submissions received have been considered.

Section 94 Plan

The development attracts a section 94 contribution of $27,075.89, which is required to be paid before the issue of the Construction Certificate (Condition 18).

Likely Impacts

The likely impacts of the subdivision have been considered within this report and area deemed to be acceptable, subject to conditions.

Suitability of the Site

The site is considered to be suitable for the proposed development.

Public Interest

Approval of the application is considered to be in the public interest.

Conclusion

Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory. Therefore, it is recommended that the application be approved.

Recommendation:

A. THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant deferred commencement development consent to DA0410/16 for Torrens title subdivision of one lot into two lots on land at 3 Graham 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 - to be satisfied prior to the consent becoming operable

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

1. Drainage easement (Deferred Commencement)

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 development consent

Conditions that identify approved plans:

1. Approved plans and documentation

Plan no.	Drawn by	Dated
GO150570 Dwg No. D1 - D5 all issue ‘D’	ACOR Consultants Pty Ltd	14 June 2017
Subdivision Plan 01	Paul Meyer Design Pty Ltd	Feb 2016

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

2. Inconsistency between documents

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

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

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

3. Asbestos works

Reason: To ensure public safety.

4. 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.

5. Notice of commencement

Reason: Statutory requirement.

6. Notification of builder’s details

Reason: Statutory requirement.

7. Sediment controls

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

Reason: To preserve and enhance the natural environment.

8. Erosion and drainage management

Reason: To preserve and enhance the natural environment.

9. 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.

Tree/Location	Radius in metres
All retained trees within proposed Lots 1 & 2	Tree protective fencing is to be located as indicated on the Site Analysis Plan by Paul Myer Design Pty Ltd drwg 02 Ref 15R977, dated 2/03/17

Reason: To protect existing trees during the construction phase.

10. Tree protective fencing type galvanised mesh

Reason: To protect existing trees during construction phase.

11. Tree protection signage

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.

12. Tree fencing inspection

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

Reason: To protect existing trees during the construction phase.

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

13. Project arborist

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

Reason: To ensure the protection of existing trees.

14. Long service levy

Reason: Statutory requirement.

15. Builder’s indemnity insurance

Reason: Statutory requirement.

16. 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.

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

17. 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:

(e) In this condition:

Reason: To maintain public infrastructure.

18. Section 94 development contributions - other than identified centres

(For DAs determined on or after 19 December 2010)

Key Community Infrastructure	Amount
Local recreation and cultural facilities; Local social facilities	$3,036.54
Local parks and local sporting facilities	$24,039.35
Total:	$27,075.89

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.

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

19. Road opening permit

Reason: Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.

20. Prescribed conditions

· the work must be carried out in accordance with the requirements of the Building Code of Australia

(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.

21. Hours of work

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.

22. Approved plans to be on site

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

23. 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

· 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.

24. 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.

25. Use of road or footpath

Reason: To ensure safety and amenity of the area.

26. 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.

27. Toilet facilities

Reason: Statutory requirement.

28. Protection of public places

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.

29. Road reserve safety

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

30. Services

Reason: Provision of utility services.

31. Erosion control

Reason: To protect the environment from erosion and sedimentation.

32. Drainage to drainage easement

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped and connected to the piped Council drainage system within the site. Drainage line connections to the system shall conform and comply with the relevant detail in Council's Plan No82/024 ("Connections of Drainage Lines to Kerb and R.C. Pipe") and in the Ku-ring-gai Development Control Plan.

Reason: To protect the environment.

33. Sydney Water Section 73 Compliance Certificate

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

Reason: Statutory requirement.

34. Arborist’s report

The tree/s to be retained shall be inspected, monitored and treated by an Arborist with a minimum qualification AQF 5 during and after completion of development works to ensure their long term survival. Regular inspections and documentation from the Project Arborist to the Principal Certifying Authority are required at the following times or phases of work:

Tree/Location	Time of inspection
Trees retained within Lot 2	During installation of storm water and sewer connections including location of drill pits, installation of surface water deflection kerb within the TPZ of trees retained.

Reason: To ensure protection of existing trees.

35. Treatment of tree roots

Reason: To protect existing trees.

36. Cutting of tree roots

No tree roots of 50mm or greater in diameter located within the specified radius of the trunk/s of the following tree/s shall be severed or injured in the process of any works during the construction period. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees:

Tree/Location	Radius from trunk
All trees retained on lots 1 & 2	8m

Reason: To protect existing trees.

37. Thrust boring

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

Tree/Location	Radius from trunk
Tree 5 Eucalyptus saligna	8m
Tree 6 Eucalyptus saligna	10m
Tree 2 Eucalyptus saligna	10m
Tree 50 Eucalyptus pilualris	6m
Tree 53 Eucalyptus piluaris	8m

Reason: To protect existing trees.

38. 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.

39. 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.

40. On site retention of waste dockets

· 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:

41. Vegetation Management Plan (VMP)

Prior to the release of the Occupation Certificate the following works as outlined below as detailed within the Vegetation Management Plan, prepared by Footprint Green, dated 8^th of February 2017, are to be completed.

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

· 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.

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

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

· 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. Plantings are to be sourced locally within (10km) of the site.

· 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).

· 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 Ecological Assessment Officer.

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

42. Blue Gum High Forest (Environmental Protection Zone) - 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 (Environmental Protection Zone) of 954m2. 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 outline in accordance with the plan below.

Plan no.	Prepared by	Dated
VMP3.01 Rev 0.1	Footprint Green	8^th February 2017

Reason: To ensure that Critically Endangered Blue Gum High Forest (Environmental Protection Zone) is protected.

43. Certification of drainage works

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

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

· the stormwater drainage works have been completed in accordance with the approved Construction Certificate drainage plans and Ku-ring-gai DCP Part 24

Note: Evidence from the plumbing contractor or a qualified civil/hydraulic engineer confirming compliance with this control is to be provided to Council prior to the issue of an Occupation Certificate.

Reason: To protect the environment.

44. Infrastructure repair

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

Reason: To protect public infrastructure.

Conditions to be satisfied prior to the issue of a Subdivision certificate:

45. Sydney Water Section 73 Compliance Certificate

Reason: Statutory requirement.

46. Requirements of public authorities for connection to services

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

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

47. Infrastructure repair – subdivision works

Reason: To protect public infrastructure.

48. Provision of services

Reason: Access to public utilities.

49. Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied.

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

50. Submission of 88b instrument

Reason: To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.

51. Submission of plans of subdivision (Torrens title)

a) the endorsement fee current a the time of lodgement

b) the 88B instrument plus 6 copies

c) a copy of the Occupation Certificate issued for DA0410/16

d) all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent

e) The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

f) Proof of payment of S94 contribution

Reason: Statutory requirement.

52. General easement/R.O.W. provision and certification

Shanika Kappagoda

Development Assessment Officer

Shaun Garland

Team Leader Development Assessment Central

Corrie Swanepoel

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:	A1	Location Sketch	2017/206901
	A2	Zoning Sketch	2017/206900
	A3	Stormwater Plan	2017/206909
	A4	Subdivision plan	2016/245964
	A5	Heritage Impact Statement	2016/245957

Ordinary Meeting of Council - 22 August 2017	GB.1 / 57

Item GB.1	S07597
	11 August 2017

purpose of report:	To advise Council of the sponsorship requests received under Council’s Sponsorship Policy for 2017 - 2018, and for Council to approve all sponsorship requests over $5,000.

background:	Council sponsors public and private sector activities through direct funds and in-kind support according to Council’s Sponsorship Policy. In the 2016 - 2017 financial year Council sponsored a number of organisations including Carols in the Park, Welcome Basket, the Ku-ring-gai Arts Society, the St Ives Food and Wine Festival and the Ku-ring-gai Chase Fun Run.

comments:	Council has recently undertaken an Expressions of Interest process inviting submissions for sponsorship proposals for 2017 - 2018. Requests for sponsorship for $103,600 have been received. According to Council’s Sponsorship Policy all proposals over $5,000 are to be approved by Council.

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

Organisation	Sponsorship amount requested

Ku-ring-gai Art Society	$2,000
Killara Bowling Club	$991
Wahroonga Food and Wine Festival	$12,000
St Ives Food and Wine Festival (Sept 2018)	$8,100
The Welcome Basket	$5,500
Bobbin Head Cycle Classic	$5,000
Ku-ring-gai Chase Event	$5,000
Ku-ring-gai Philharmonic Orchestra	$28,000
Carols in the Park	$15,000
Lindfield Rotary Graffiti Removal Program	$2,000
Lindfield Rotary Graffiti Removal Program	$5,000
Bare Events Pty Ltd (Bare Creek Trail Run)	$5,000
United Nations Association of Australia Peace Program	$10,000

Total requests	$103,600

The Welcome Basket	$5,500
Bare Events Pty Ltd (Bare Creek Trail Run)	$5,000
Bobbin Head Cycle Classic	$5,000
Ku-ring-gai Chase Event	$5,000
Ku-ring-gai Philharmonic Orchestra	$25,000
Carols in the Park	$10,000
Wahroonga Food and Wine Festival	$8,000
Total	$63,500

Ku-ring-gai Art Society	$2,000
Killara Bowling Club	$2,000
United Nations Association of Australia Peace Program	$3,500
Total $6,491	$6,491

Total sponsorship for 2017- 2018	$69.991

Ordinary Meeting of Council - 22 August 2017	GB.2 / 61

Item GB.2	S05273
	11 August 2017

purpose of report:	To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 June 2017.

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

comments:	For the year ended 30 June 2017, Council’s legal and associated payments in relation to the Land and Environment Court were $ 1,054,747. This compares with the original annual budget of $1,063,600 (and the annual revised budget of $ 980,600).

recommendation:	That the analysis of Land and Environment Court costs for the quarter ended 30 June 2017 be received and noted.

Financial year	Number of appeals received (whole year)
2012/2013	25
2013/2014	16
2014/2015	31
2015/2016	38
2016/2017 (as at 30 Jun 2017)	41

Land & Environment Court Costs 2013/2014 - 2016/2017
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2013/2014* (16 appeals lodged)	$481,043	$42,412	$124,001	$104,095	$210,535
2014/2015* (31 appeals lodged)	$1,153,612	$186,803	$407,603	$194,103	$365,103
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2015/2016 (38 appeals lodged)	$1,256,887	$264,263	$290,099	$303,122	$399,403
2016/2017 (41 appeals lodged)	$1,054,747	$202,574	$196,949	$285,681	$369,543

Ordinary Meeting of Council - 22 August 2017	GB.3 / 67

Item GB.3	S05273
	10 August 2017

purpose of report:	To present Council’s investment portfolio performance for July 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 month of July 2017 was $379,000 against a budget of $331,000 giving a YTD favourable variance of $48,000.

recommendation:	That the summary of investments performance for July 2017 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

Ordinary Meeting of Council - 22 August 2017	GB.5 / 110

Item GB.5	S10746
	25 July 2017

purpose of report:	For Council to consider and note the minutes of the Flood Risk Management Committee meeting held on 11 July 2017.

background:	The Flood Risk Management Committee, an advisory committee of Council, is an essential step in the NSW Government’s floodplain risk management process, as per the NSW Floodplain Development Manual (2005). The Flood Risk Management Committee held its fifth meeting on the 11 July 2017.

comments:	At the meeting held on 11 July 2017 the Flood Risk Management Committee received four presentations covering: progress on the Blackbutt Creek and Lovers Jump Creek Flood Risk Management Studies and Plans being undertaken by consultants; work undertaken on the Norman Griffiths Oval upgrade flood assessment and the proposed mitigation options; and the dissemination of flood information by Council through the incorporation of flood planning provisions within the Ku-ring-gai Local Environmental Plan (KLEP) 2015 and relevant information on Section 149 Certificates.

recommendation:	That Council receives and notes the minutes of the Flood Risk Management Committee meeting held on 11 July 2017.

Ordinary Meeting of Council - 22 August 2017	GB.6 / 114

Item GB.6	S10119
	1 August 2017

purpose of report:	To amend the Sports Facilities Plan of Management for the Ku‑ring-gai Stealers Baseball Club at Golden Jubilee (Front Field) until 10.30pm only on Friday nights at Golden Jubilee (Front Field) for the summer season from September 2017 to March 2018.

background:	The current Sports Facilities Plan of Management was adopted on 20 April 2010 and has been amended on 15 December 2015. The current policy allows floodlit access for organised sports training until 9:30pm (9:40pm for pack up) Monday to Friday at all floodlit sportsgrounds with the exception of the St Ives Showground which is until 10:00pm (10:10pm for pack up). Due to the success of the club at the Division 1 level across ages U12, U14 and U16, the Ku-ring-gai Stealers Baseball Club are seeking a Council resolution to trial floodlights until 10.30pm only on Friday nights at Golden Jubilee (Front Field) for the summer season from September 2017 to March 2018. At the Ordinary Meeting of Council on 13 June 2017, Council approved the placing on Public Exhibition a proposal to amend the Sports Facilities Plan of Management to permit the Ku-ring-gai Stealers Baseball Club to trial floodlights until 10.30pm only on Friday nights at Golden Jubilee (Front Field) for the summer season from September 2017 to March 2018.

comments:	The draft amendment to the Sports Facilities Plan of Management was on public exhibition from Wednesday, 5 July 2017 to Wednesday, 2 August 2017. 74 local residents to Golden Jubilee Oval in Esk Street, Westbrook Avenue and Huon Street, Wahroonga were sent a notification letter of which three (3) residents have objected to the floodlight extension.

recommendation:	The recommendation is to seek a Council resolution to adopt the amendment as a trial and a review to be taken at the close of 2017/18 summer season to evaluate the trial lighting extension including community consultation.

Ordinary Meeting of Council - 22 August 2017	GB.7 / 120

Item GB.7	S05878
	19 July 2017

purpose of report:	To report back following the exhibition of a mapping amendment to the Ku-ring-gai Contributions Plan 2010 to ensure the catchment mapping boundaries accurately reflect all current environmental planning instruments.

background:	While the Contributions Plan has been in operation, there have been various consequential amendments to the catchment mapping. To ensure that the catchments are reflective of the development potential permitted by the zoning, another amendment is now required. The recent recommended spot rezoning of a single property resulted in a prospective consolidated higher density redevelopment site of more than one property being located in two catchment areas. This required a minor amendment to ensure the catchment appropriately reflected the actual population demand to be generated.

comments:	The draft amended catchment map was exhibited for 28 days in July and August 2017. The current adopted and in effect Ku-ring-gai Contributions Plan 2010 was a supporting document to place the exhibition in context.

recommendation:	That the amended map be adopted and incorporated within the existing Ku-ring-gai Contributions Plan 2010 and that all statutory procedures be carried out.

Attachments:	A1	Ku-ring-gai Contributions Plan 2010 - 1.4 Gordon-Killara Catchment Map 2013 to Current		2017/178087
	A2	Ku-ring-gai Contributions Plan 2010 - 1.4 Gordon-Killara Catchment Map as exhibited July-August 2017		2017/178082

Ordinary Meeting of Council - 22 August 2017	GB.8 / 126

Item GB.8	S08909
	22 May 2017

purpose of report:	To present to Council the End of Term Report for the period 2013-2017.

background:	Under the Local Government Act, 1993 and in accordance with the Integrated Planning & Reporting framework, Council is required to prepare an End of Term Report in the year of an ordinary election. The End of Term Report provides an overview of Council’s achievements and challenges during the four year term in relation to the implementation of the Community Strategic Plan.

comments:	The End of Term report measures Council’s progress against the Community Strategic Plan, which was adopted in June 2013. The report provides a transparent insight into Council’s implementation of the community’s long term aspirations as outlined in the Community Strategic Plan.

recommendation:	That Council receive and note the End of Term Report for the period 2013-2017.

Ordinary Meeting of Council - 22 August 2017	GB.9 / 130

Item GB.9	S10973
	14 August 2017

purpose of report:	To advise Council of the requirements of the Land and Property NSW (“LPI NSW”) in relation to the compulsory acquisition of Council owned land and road within the Lindfield Community Hub site.

background:	On 27 June 2017, Council considered a report on the status of public roads within the Lindfield major projects sites.

comments:	This report seeks to formalise the requirements of the LPI NSW through an appropriate resolution of Council in order to progress the compulsory acquisition of land and road for the Lindfield Community Hub project.

recommendation:	That Council proceed with the compulsory acquisition of land and road as outlined in the report.

Attachments:	A1	Report - 27 June 2017	2017/223972
	A2	Lindfield Community Hub Plan of Acquisition DP1226294	2017/162195
	A3	Amended Acquisition Plan - DP1226294 Lindfield Community Hub Lands	2017/223048

Ordinary Meeting of Council - 22 August 2017	NM.1 / 137

Item NM.1	CY00455/5
	14 August 2017

Ordinary Meeting of Council - 22 August 2017	NM.2 / 138

Item NM.2	S02620
	14 August 2017