Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors S Ngai (Roseville Ward)

Councillors D Citer & M Smith (St Ives Ward)

Councillors D Greenfield & C Spencer (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Acting Director Operations (Ian Taylor)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Finance (Angela Apostol)

Manager Urban & Heritage Planning (Antony Fabbro)

Manager Corporate Communications (Virginia Leafe)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Christine Dunand)

251

Apologies

File: S02194

Resolved:

(Moved: Councillors Smith/Citer)

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

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

That the apologies  be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

Late Items:

MM.1 - Establishment of a Finance Committee - Report by Mayor, Jennifer Anderson dated 24 October 2017

GB.8 - Local Government NSW Annual Conference 2017 - Confirmation of Motions - Report by Manager Records and Governance dated 16 October 2017

Councillors Information:

OMC 10/10/2017 Minute Number 250 QN.2 – Heritage Conservation Area – Middle Harbour Road Lindfield

Memorandum from Director Strategy & Environment dated 24 October 2017 in response to a question without notice from Councillor Szatow.

OMC 24/10/2017 GB.2 – Audited General and Special Purpose Financial Statements for the year ended 30 June 2017 – Submissions

Memorandum from Manager Finance dated 24 October 2017 regarding submissions received for the Financial Statement for year ending 30 June 2017.

OMC 24/10/2017 GB.5 – Amended maps – Middle Harbour Road Heritage Conservation Area

Memorandum from Manager Urban & Heritage Planning dated 24 October 2017 regarding amendments to Attachments 4 and 5 of item GB.5.

OMC10/10/2017 Minute number 249 QN.1 – Clarification by Councillor Kelly on his title of ‘Professor’ and ‘Dr’

Memorandum from Councillor Kelly dated 20 October 2017 responding to a Question without Notice from Councillor Smith.

Preliminary Heritage Assessment of 313 Bobbin Head Road, North Turramurra

Memorandum from Director Strategy & Environment dated
24 October 2017 regarding the potential heritage significance of the service station at 313 Bobbin Head Road North Turramurra.

Allan Avenue Park Community Views

Memorandum from Director Strategy & Environment dated 24 October 2017 regarding provision of originals of all community feedback.

252

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 10 October 2017

Minutes numbered 231 to 250

Resolved:

(Moved: Councillors Pettett/Spencer)

That Minutes numbered 231 to 250 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

253

Establishment of a Finance Committee

File: S05370

Vide: MM.1

Ku-ring-gai Council is a complex organisation with an annual budget in 2017/18 of $144 million and assets of $1.4 billion, providing services and facilities to a growing population of 123,000 people.  It is critical that Council manages its finances well to ensure a sustainable future. 

The Local Government Act sets out the principles of sound financial management at Section 8B as follows:

(a)      Council spending should be responsible and sustainable, aligning general revenue and expenses.

(b)      Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.

(c)      Councils should have effective financial and asset management, including sound policies and processes for the following:

(i)       performance management and reporting,

(ii)      asset maintenance and enhancement,

(iii)     funding decisions,

(iv)     risk management practices.

(d)      Councils should have regard to achieving intergenerational equity, including ensuring the following:

(i)      policy decisions are made after considering their financial effects on future generations,

(ii)      the current generation funds the cost of its services.

It is proposed that Council establish a Finance Committee to enable focussed deliberation on financial matters separate to the Ordinary Council Meetings.  The Finance Committee would consider matters falling within the scope of Section 8B of the Local Government Act as set out above, including but not limited to:

•        long term financial planning

•        budgets and quarterly budget performance

•        asset management

•        capital works and major projects

•        commercial and strategic property matters

•        investments

•        loans

•        fees and charges

•        rating

•        legal issues and costs

Key elements of the Finance Committee are proposed as follows:

Term:

Approximately 2 years to expire at the same time as the Mayoral term.

Membership:

5 Councillors one of whom is the Mayor

Chair:

The Chair of the Finance Committee is the Mayor.

In the absence of the Mayor, the Deputy Chair will act as Chair.

Quorum:

3 Councillors

Delegations:

Nil – the Committee would make recommendations to Council for consideration and adoption.

Voting:

Only members of the Committee may vote. 

If the voting on a motion put to a meeting of the committee is equal, the Chair of the committee is to have a casting vote as well as an original vote.

Attendance:

Clause 263 of the Local Government (General) Regulation 2005 provides that a Councillor who is not a member of a committee of Council is entitled to attend, and to speak at, a meeting of the committee. However, the Councillor is not entitled to give notice of business for inclusion in the agenda for the meeting, or to move or second a motion at the meeting, or to vote at the meeting.

Members of the public are entitled to attend committee meetings except during consideration of reports in Closed Meeting.

Agendas, Reports and Minutes:

Agendas, reports and minutes will be prepared, distributed and made available to the public in a manner consistent with Ordinary Council Meetings.

Meeting Frequency

Committee meetings will be held quarterly to align with the Council budget reporting cycle.  There will be provision for additional meetings if required.

Resolved:

A.      That Council establishes a Finance Committee in accordance with this Mayoral Minute.

B.     Terms of reference that are consistent with this Mayoral Minute are to be presented to the first meeting of the Finance Committee for consideration and ratification.

C.     In addition to the Mayor as chair, Councillor Clarke as Deputy Chair, Councillors Citer, Spencer and Kelly be appointed as committee members.

D.     The first meeting of the Finance Committee is to be held on Monday
20 November 2017 commencing at 7 pm.

For the Resolution:                The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer and Citer

Against the Resolution:         Councillors Pettett, Greenfield and Smith

The above Motion was subject to an Amendment which was LOST. The lost amendment was:

(Moved: Councillors Pettett/Smith)

That the item be deferred to a future date when all Councillors are present to vote.

For the Amendment:             Councillors Pettett, Greenfield and Smith

Against the Amendment:       The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer and Citer

254

Investment Report as at 30 September 2017

File: S05273

Vide: GB.1

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

Resolved:

(Moved: Councillors Pettett/Clarke)

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

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

CARRIED UNANIMOUSLY

255

Audited General and Special Purpose Financial Statements for the year ended 30 June 2017

File: S05273

Vide: GB.2

To present to Council the Annual Financial Statements for the year ended 30 June 2017 and audit reports from the Audit Office of NSW and to provide a summary of Council’s financial performance and financial position at 30 June 2017.

Resolved:

(Moved: Councillors Pettett/Clarke)

That Council receive the audited Financial Statements for the year ended 30 June 2017 and the external auditors report from the Audit Office of NSW.

CARRIED UNANIMOUSLY

256

DA0299/17 - Demolition of existing dwelling and Torrens Title subdivision into two lots

File: DA0299/17

Vide: GB.3

Demolition of existing dwelling and Torrens title subdivision into two lots

Resolved:

(Moved: Councillors Pettett/Smith)

A.   THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant development consent to DA0299/17 for demolition of the existing dwelling and Torrens title subdivision of 57-59 Bannockburn Road, Pymble into 2 lots, 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 (2) years from the date of the notice of determination.

CONDITIONS THAT IDENTIFY APPROVED PLANS:

1.     Approved architectural plans and documentation

The subdivision 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:

The building footprints shown on the approved plans are indicative only and are in no way approved or the implied footprint of any future building(s) on the proposed lots.

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

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.

4.     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.

5.     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.

6.     Tree protection fencing

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

Reason:         To protect existing trees during the construction phase.

7.     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.

8.     Tree protection signage

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

·           Tree protection zone.

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

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

Reason:         To protect existing trees during the construction phase.

9.     Tree protection mulching

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

Reason:         To protect existing trees during the construction phase.

10.   Tree fencing inspection

Upon installation of the required tree protection measures, a joint inspection of the site by the Project Arborist and 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.

11.   Construction waste management plan

Prior to the commencement of any works, a waste management plan is to be prepared by a suitably qualified person, which is 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 Council prior to the commencement of works.

Reason:         To ensure appropriate management of construction waste.

12.   Long service levy

In accordance with Section 109F(i) of the Environmental Planning and Assessment Act works shall not commence 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.

13.   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 Council, where it is required or applicable to this approval.

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.

14.   Utility provider requirements

Prior to the commencement of works, 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.

15.   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.

16.   Section 94 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:

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

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

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.

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

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

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

17.   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.

18.   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.

19.   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.

20.   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.

21.   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.

22.   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

·           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.

23.   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.

24.   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.

25.   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.

26.   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.

27.   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.

28.   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.

29.   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.

30.   Arborist’s report

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

Reason:         To ensure protection of existing trees.

31.   Treatment of tree roots

If tree roots are severed, they shall be cut cleanly by hand, by an experienced AQF3 Arborist/Horticulturist. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason:         To protect existing trees.

32.   Cutting of tree roots

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

Reason:    To protect existing trees.

33.   Approved tree works

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

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.

34.   Hand excavation

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

Reason:         To protect existing trees.

35.   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.

36.   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.

37.   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.

38.   Infrastructure repair (demolition only)

At the completion of demolition works, Council 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:

39.   Completion of landscape works

Prior to the release of the Subdivision Certificate, Council 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.

40.   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.

41.   Requirements of public authorities for connection to services

Prior to the issue of the Subdivision Certificate, Council 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.

42.   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.

43.   Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied, to the satisfaction of Council.

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

44.   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.

45.   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)         a copy of the Final Certificate issued for DA0299/17

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.

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.

46.   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.

47.   Tree protection - Section 88b instrument

Prior to the issue of the Subdivision Certificate, the Principal 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 area of land beneath the canopy of the following tree/s for a specified radius in metres from the trunk of that tree, the terms of which state that any excavations, soil level changes or construction works are prohibited:

Reason:         To protect existing vegetation.

CARRIED UNANIMOUSLY

257

Re-appointment of existing Membership for Heritage Reference Committee

File: CY00413/5

Vide: GB.6

Council to re-appoint the existing membership of the Heritage Reference Committee (HRC) and seek nominations in early 2018.

Resolved:

(Moved: Councillors Pettett/Clarke)

A.   Council resolves to re-appoint the current members of the Heritage Reference Committee as an interim measure for a period of at least 6 months; and

B.   Council resolves to call for nominations to the Heritage Reference Committee in early 2018.

CARRIED UNANIMOUSLY

258

Local Government NSW Annual Conference 2017 - Confirmation of Motions

File: S02046/10

Vide: GB.8

To confirm any motions that Council wishes to submit to the 2017 Local Government NSW Annual Conference.

Resolved:

(Moved: Councillors Pettett/Clarke)

That Council submit the following motion to the 2017 Local Government NSW Annual Conference:

That LGNSW requests the NSW Government to reform the procedures in relation to Code of Conduct complaints against councillors by removal of the involvement of general managers and the creation of an independent watchdog to consider genuine complaints against councillors and prosecute frivolous or vexatious grievances.

CARRIED UNANIMOUSLY

259

Consideration of submissions - Draft Ku-ring-gai Development Control Plan - Greenweb Map Amendment

File: S11507

Vide: GB.4

For Council to consider submissions received in response to the public exhibition of the Draft Ku-ring-gai Development Control Plan – Greenweb Map Amendment.

Resolved:

(Moved: Councillors Citer/Clarke)

A.   That Council adopts the amended Ku-ring-gai Development Control Plan incorporating the revised Greenweb Maps included as Attachment A1.

B.   That Council’s adoption of the amended Ku-ring-gai Development Control Plan be notified in the North Shore Times and Hornsby Advocate in accordance with Clause 21(4) of the Environmental Planning and Assessment Regulation 2000 The public notice is to specify that the amended DCP is to come into effect on the day that the Ku-ring-gai Local Environmental Plan (Amendment No.14) is published on the NSW Legislation Website.

C.   That the amended Ku-ring-gai Development Control Plan be forwarded to the Secretary of the Department of Planning and Environment. Clause 25AB of the Environmental Planning and Assessment Regulation 2000 

CARRIED UNANIMOUSLY

260

New park at Allan Avenue Turramurra

File: S08531

Vide: GB.7

To seek Council’s endorsement of the concept design plan and the proposed naming for the new park at Allan Avenue, Turramurra and proceed to tender for construction.

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

A Lydement

J Adams

T Boesch

D Mahoney

D McCarthy

Resolved:

(Moved: Councillors Citer/Spencer)

A.   That Council endorses the final concept design for the new park at Allan Avenue, Turramurra;

B.   That staff proceed with design development and the preparation of construction documentation including detailed plans, cost estimates and specifications for public tender;

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

D.   That any increased maintenance costs associated with the new park at Allan Avenue be included in the draft 2018/19 recurrent budget;

E.   That Council endorses the name “Boyds Orchard Park” for the new Park at Allan Avenue, Turramurra;

F.   That the name “Boyds Orchard Park” be submitted to the Geographical Names Board to commence the gazettal process;

G.   That should the name “Boyds Orchard Park” be rejected by the Geographical Names Board that a further report be brought back to Council regarding the proposed name of the park.

For the Amendment:             The Mayor, Councillor Anderson, Councillors Clarke, Spencer and Citer

Against the Amendment:       Councillors Ngai, Pettett, Greenfield and Smith

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Amendment

The amendment became the Motion.

For the Resolution:                The Mayor, Councillor Anderson, Councillors Clarke, Spencer and Citer

Against the Resolution:         Councillors Ngai, Pettett, Greenfield and Smith

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Resolution

The above was an amendment to an original motion. The original motion was:

(Moved: Councillors Pettett/Smith)

That Councillors receive a briefing, and a site inspection be arranged.

261

Consideration of submissions on the planning proposal for Middle Harbour Road Heritage Conservation Area

File: S11160

Vide: GB.5

For Council to consider the submissions received during the public exhibition of the Planning Proposal to include Middle Harbour Road Conservation Area in Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015).

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

W Goh

U Bonzol

A Pik

Resolved:

(Moved: Councillors Citer/Clarke)

A.   That Council resolves to adopt the Planning Proposal to list the amended Middle Harbour Road Conservation Area as identified in Attachment A4 in Schedule 5 and the Heritage Map of the Ku-ring-gai Local Environmental Plan 2015.

B.   That Council forwards the amended Planning Proposal to the Department of Planning and Environment in accordance with section 59 of the Environmental Planning and Assessment Act 1979 with a request to make arrangements to give effect to the final proposal.

C.   That those who made a submission be notified of Council’s resolution.

For the Resolution:                The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer and Citer

Against the Resolution:         Councillors Pettett, Greenfield and Smith

262

Project Committees

File: S10973-6

Vide: NM.2

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

L McDonald

Notice of Motion from Councillor Kelly dated 9 October 2017

In the normal course of business in any given year, Council has the carriage of scores of millions of dollars of business in a variety of forms.  At the moment, there are a number of projects under consideration, such as:

a.       Marian Street Theatre

b.       Lindfield Village Hub

c.       Bushlands Road development

d.       The Bunnings “3M” site

Just to name a few.

In the same way that we manage other Council business via committees, I suspect Council, the community and the developers/sponsors would benefit from a dedicated team overseeing all aspects of these projects, providing a single point of contact and acting as a conduit for all parties to ensure projects stay on track and provide valuable transparency.  In addition, they provide a valuable experiential opportunity for both Councillors and Council staff to interact with external stakeholders.

I suggest that a committee be formed for each major project, starting with the Lindfield Village Hub project and said committee membership be published to the external stakeholders.

Resolved:

(Moved: Councillors Anderson/Spencer)

That this Notice of Motion be deferred to clarify if Councillor Kelly is satisfied with the Mayoral Minute MM.1 as adopted.

CARRIED UNANIMOUSLY

263

Lindfield Village Hub Project

File: S10973-5

Vide: NM.3

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

S McKenzie

Notice of Motion from Councillor Pettett dated 11 October 2017

Many candidates and a number of whom are now Councillors pledged their support that within sixty days of the Council election they would actively support Support Lindfield in organising another community forum at which Council staff will provide a full update on the project including a clear time frame for the delivery of the key milestones and allow a reasonable time for questions and answers.

The feedback received prior to the election was that the community is unaware of where the project is at. It is essential that the community is regularly updated and that the Ward Councillors continue to actively support this major project.

I move that Council staff provide a full update on the Lindfield Village Hub project including a clear time frame for the delivery of the key milestones and allow a reasonable time for questions and answers at the public forum arranged by Council, open to all interested members of the public.

The following motion was put to Council and LOST.

(Moved: Councillors Pettett/Ngai)

1. That the above Notice of Motion as printed be adopted.

2. That a community forum to occur by 30 November 2017, and be held on a weeknight or Saturday evening.

For the Resolution:                Councillors Ngai, Pettett, Greenfield and Smith

Against the Resolution:         The Mayor, Councillor Anderson, Councillors Clarke, Spencer and Citer

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST the Motion

264

Bushfire preparation – rubbish collection (green waste)

File: S02294

Vide: NM.1

Notice of Motion from Councillor Kelly dated 3 October 2017

The bushfire preparation season is upon us and many residents have more green waste than is able to be taken away in one green waste collection per fortnight.  This results in “potential bonfires” accumulating in the very area where we want to minimise the risk of bushfires.

I believe all parties – being residents, Rural Fire Service and Council – would benefit if there were to be a green waste collection in the bushfire prone areas of more than one collection per week – perhaps two minimum and maybe more, if found to be necessary.  We’ve already seen an uncontrolled bushfire event in Gordon only at the recent long weekend.

I suggest

A.   That Council look at increasing the green waste collection during the bushfire preparation period from two collections a month to a max of two a week

B.   That a report come back to Council in relation to associated costs etc. as soon as possible for a decision on whether to implement this increased cycle

Resolved:

(Moved: Councillors Clarke/Spencer)

That this Notice of Motion be deferred pending a report from staff back to Council.

For the Resolution:                The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer and Citer

Against the Resolution:         Councillors Pettett, Greenfield and Smith

265

Soft Plastics Recycling

File: S09069/7

Vide: NM.4

Notice of Motion from Councillor Ngai dated 16 October 2017

Soft plastics such as bread bags, biscuit and pasta packaging, frozen food bags, lolly and chip packaging, and cereal liners currently cannot be recycled through the Council’s yellow bins. Soft plastics are known to jam up machines at recycling facilities and the costs for these facilities to manually sort out soft plastics are high, hence the reason for their exclusion.

While Council does not currently offer soft plastics recycling, it instead refers our residents to drop them off at the soft plastics recycling collection points offered by some of our major supermarkets. However there has been low resident participation in the supermarket schemes due to a low number of collection points, low capacity of each collection bin, and low awareness within the local government area.

As a result, the majority of Ku-ring-gai’s soft plastics are going towards general waste. It must also be noted that in 2013/14, the percentage of household waste diverted from landfill was 60% but this has fallen to 55% by 2016/17.

I move that:

A.   Council undertake a feasibility study of increasing the number of soft plastics collection points within our local government area. Collection points could include local schools and Council facilities such as libraries, parks, the Council Chambers, and the arts centre. As residents will also be recycling containers at vending machines associated with the State Government’s ‘Return and Earn’ Container Deposit Scheme, the Council should also consider placing soft plastics collection points next to these vending machines.

B.   The feasibility study considers the steps involved in raising awareness of soft plastics recycling to all of our residents.

C.   The feasibility and costing options be reported back to the Councillors in time for consideration in the upcoming 2018/19 budget process.

Resolved:

(Moved: Councillors Ngai/Pettett)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

266

Clarification on DA0402/17 - 2 Reely Street, 102 and 104 Bannockburn Road, PYMBLE: 83 Bobbin Head Road, TURRAMURRA - Demolish existing structures and construct 16 seniors living dwellings

File: DA0402/17

Vide: QN.1

Question Without Notice from Councillor Cedric Spencer

Madam Mayor my question is to the relevant director or directors which is in relation to two earlier speakers about a particular DA, which number I cannot remember. I believe one of them was Mr Whitington and the other one, Ms McConnell. My question would be at what stage is the DA and has an officer been assigned to consider the submissions. Those are my questions thank you.

Answered by Director Development & Regulation

The Director Development & Regulation advised the application is at the very early stages it is still on public notification and the process is that through that public notification process any submission are referred to the appropriate officer and then are dealt with as part of that application. An officer has also been assigned to that application.

267

Follow up on Councillor Kelly’s use of his titles 'Professor' and 'Dr'

File: S09749-3

Vide: QN.2

Question Without Notice from Councillor Martin Smith

Madam Mayor my question is actually to you Madam Mayor. My question relates to Councillor Kelly’s response to my question from Council’s last meeting regarding the qualifications of “Professor” and “Dr”. Councillor Kelly’s response states that his qualifications do not determine his ability to carry out his duties as Councillor and that he refuses to answer my reasonable question. Madam Mayor, both you and I know that an integral part of being a Councillor is that you must be open, ethical and honest. I believe the qualifications that Councillor Kelly advertised may have made a great impact with voters in supporting his capability to represent them in Council using those titles “Professor” and “Dr” in Councillor Kelly’s election material may have influenced voters. Madam Mayor can you advise what steps can be taken to assist the rate payers of Ku-ring-gai to obtain a proper answer to my initial question to Councillor Kelly as I believe the rate payers have the right to know who they have voted for.

Answered by The Mayor, Councillor Jennifer Anderson

The Mayor, Councillor Jennifer Anderson advised that no one can compel a Councillor to respond to a question in any particular fashion, it’s up to them. Councillor Kelly has responded in way that he obviously is willing to do. Other than that if the community has any concerns there are processes in place for them to contact either the Department of Local Government or Council officers for further advice.

Ordinary Meeting of Council - 14 November 2017

MM.1 / 43

Item MM.1

CY00128/9

6 November 2017

Recommendation:

That this Mayoral Minute be noted and adopted as printed.

Councillor Jennifer Anderson

Mayor

Ordinary Meeting of Council - 14 November 2017

GB.1 / 45

Item GB.1

S06619

31 October 2017

purpose of report:

This report is to provide Councillors with an update on the status of works being undertaken at Tulkiyan Heritage House, 707 Pacific Highway, Gordon.

background:

Council resolved, on 6 September 2016, to negotiate an agreement with the Historic Houses Association of Australia Inc (HHAA), to manage Tulkiyan as a heritage house museum. In October 2016 a hot water leak damaged a portion of the property and a number of items in the collection.

comments:

An insurance claim has been lodged and remediation work is about to commence on the property and contents that were damaged. The HHAA will be closely involved in curating all the works to ensure the protection of the collection, and Council will undertake further essential structural and building works to the house.

recommendation:

That Council receive and note this report.

Council’s insurance claim

$ ex GST

Remediation of Internal Structure

                              69,918.50

Remediation of Contents

63,640.85

Packing, Storage - Contents

25,328.00

TOTAL

158,887.35

Recommendation:

A.   That Council receive and note this report.

Mark Taylor

Manager Community & Recreation Services

Janice Bevan

Director Community

Ordinary Meeting of Council - 14 November 2017

GB.2 / 52

Item GB.2

FY00430/9

20 September 2017

purpose of report:

To advise Council of applications received for the 2017
Ku-ring-gai Community Grants program, and to recommend subsequent funding allocations to community groups.

background:

Each year Council calls for applications from community and cultural groups for grant funding to assist in providing services to the community. Applications totalling $136,317 have been received from 50 different groups for this year’s round of funding.

comments:

A total of $97,900 is available for the 2017 Ku-ring-gai Community Grants Program. The grants assessment panel has recommended a total of $97,867 for distribution to community groups.

recommendation:

That Council approve the recommendations in this report for funding of $97,867 for community and cultural groups.

Recommendation:

A.   That the following community and cultural groups receive the recommended amount of financial assistance from Council in 2017.

1.   Category:  Small Equipment

2.   Category:  Community Development

3.   Category:  Arts/Cultural

Danny Houseas

Manager Community

Janice Bevan

Director Community

Attachments:

A1

KCG 2017 - Attachment A1 to report to Council - Small Equipment  - Individual assessments

2017/279595

A2

KCG 2017 - Attachment A2 to report to Council - Community Development - Individual assessments

2017/279660

A3

KCG 2017 - Attachment A3 to report to Council - Arts Cultural - Individual Assessments

2017/279661

A4

KCG 2017 - Attachment A4 KCGrants general info 2017

2017/302932

A5

KCG 2017 - Attachment A5 - Arts Cultural Guidelines

2017/302936

A6

KCG 2017 - Attachment A6 - Community Development Guidelines

2017/302938

A7

KCG 2017 - Attachment A7- Small Equipment Guidelines

2017/302940

A8

KCG 2017 - Attachment A8 Funding Agreement and Conditions of Funding

2017/302999

A9

KCG 2017 -  Attachment A9 Ku-ring-gai Community Grants 2017 Program Acquittal form

2017/303018

Ordinary Meeting of Council - 14 November 2017

GB.3 / 58

Item GB.3

CY00438/5

17 October 2017

purpose of report:

To set the Council Meeting dates for 2018.

background:

Section 365 of the Local Government Act 1993 (the Act) requires that Council meet at least 10 times per year, each time in a different month.

It has been this Council’s practice to hold Ordinary Meetings of Council on the 2nd and 4th Tuesday of each month, amending this pattern to avoid school holidays, public holidays, and other events that may make attendance difficult for Councillors and/or the public, as well as to go into recess from the first week of December to the end of January.

comments:

A draft Council Meeting cycle for 2018 has been prepared for consideration.

recommendation:

That Council adopt the proposed meeting dates for 2018.

Recommendation:

That Council sets the following Meeting dates:

Christine Dunand

Team Leader Governance

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

A1

NSW Public School Holiday Dates 2018

2017/289983

Ordinary Meeting of Council - 14 November 2017

GB.4 / 63

Item GB.4

DA0205/17

1 November 2017

purpose of report:

To report on the site inspection on 1 November 2017 and to determine Development Application No. 0205/17 for the demolition of existing structures and two lot Torrens Title subdivision.

background:

An assessment report which recommended the approval of the application was considered by Council on 10 October 2017. Council resolved to defer determination pending a site inspection.

comments:

The site inspection was held on Wednesday 1 November 2017

recommendation:

Approval

Recommendation:

THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant development consent to DA0205/17 for the demolition of existing structures and a two lot Torrens title subdivision on land at 16 Buckingham Road, Killara 2071, subject to conditions. Pursuant to Section 95(2) of the Environmental Planning and Assessment Act, 1979, the consent will lapse if the approved works are not physically commenced within two years of the date of the Notice of Determination.

Conditions that identify approved plans:

1.     Approved architectural plans and documentation (new development)

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

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

2.     Inconsistency between documents

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

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

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

3.     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.

4.     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.

5.     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.

6.     Archival recording of buildings

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

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

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

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

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

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.

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.

8.     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.

9.     Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off as per Appendix 6 of the Arboricultural Impact Assessment Report by Earthscape Horticultural Services dated 17/05/2017. In addition, the following trees shall be fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area.  The fence/s shall be maintained intact until the completion of all demolition/building work on site.

Reason:         To protect existing trees during the construction phase.

10.   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.

11.   Tree protection signage

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

·           Tree protection zone.

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

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

Reason:         To protect existing trees during the construction phase.

12.   Tree protection - avoiding soil compaction

To preserve all retained trees within the access handle, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) in accordance with AS4970-2009 for the length of the access handle is installed. The ground protection measures shall remain in place until the construction of the proposed driveway:

Reason:         To protect existing trees during the construction phase.

13.   Trunk protection

To preserve the following tree/s, no work shall commence until the trunk/s are protected by the placement of 2.0 metres lengths of 50 x 100mm hardwood timbers spaced at 150mm centres and secured by 2mm wire at 300mm wide spacing over suitable protective padding material.  The trunk protection shall be maintained intact until the completion of all work on site.

Any damage to the tree/s shall be treated immediately by an experienced AQF3 Horticulturist/Arborist, and a report detailing the works carried out shall be submitted to the Principal Certifying Authority:

Reason:         To protect existing trees during the construction phase.

14.   Tree fencing inspection

Upon installation of the required tree protection measures, a joint inspection of the site by the Project Arborist and 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.   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.

17.   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.

18.   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.

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

19.   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.

20.   Section 94 development contributions - other than identified centres

        (For DAs determined on or after 19 December 2010).

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

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

The contributions specified above are subject to indexation and 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:

21.   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.

22.   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.

23.   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.

24.   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.

25.   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.

26.   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.

27.   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.

28.   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.

29.   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.

30.   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.

31.   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.

32.   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.

33.   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.

34.   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.

35.   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.

36.   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.

37.   Arborist’s report

The tree/s to be retained shall be inspected, monitored and treated by a qualified AQF5 Arborist 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:

Reason:         To ensure protection of existing trees.

38.   Treatment of tree roots

If tree roots are severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced AQF3 Arborist/Horticulturist. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason:         To protect existing trees.

39.   Demolition works

To protect retained trees demolition works shall be undertaken in accordance with Section 10.5 of the Arboricultural Impact Assessment Report by Earthscape Horticultural Services dated 17/05/2017

Reason:       To protect existing trees.

40.   Cutting of tree roots

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

Reason:         To protect existing trees.

41.   Approved tree works

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

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.

42.   Hand excavation

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

Reason:         To protect existing trees.

43.   Thrust boring/directional drilling

Excavation for the installation of any services on site as detailed on Plan D3 Rev D by Acor Consultants shall utilise the thrust boring/directional drilling method.  Thrust boring shall be carried out at least 800mm beneath natural ground level to minimise damage to tree/s root system. Thrust boring/directional drilling shall also be used to install the 150mm PVC pipeline under the existing driveway crossing of No. 18 Buckingham Road, Killara. 

Reason:         To protect existing trees and the existing driveway crossover of the adjacent property.

44.   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.

45.   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.

46.   On site retention of waste dockets

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

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

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

Reason:       To protect the environment.

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

47.   Certification of drainage works

Prior to issue of the Subdivision 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 'Water Management'.

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 Subdivision Certificate.

Reason:         To protect the environment.

48.   Certification of as-constructed driveway

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

·           the as-constructed driveway complies with the approved Construction Certificate plans;

·           the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 - 2004 “Off-Street car parking";

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

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

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

49.   Infrastructure repair

Prior to issue of the Subdivision 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:

50.   Demolition of structures

Prior to the release of the Subdivision Certificate, the Certifying Authority shall be satisfied that the existing dwelling and associated structures have been demolished and removed from the site.

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

51.   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.

52.   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.

53.   Reinstatement of crossings

Prior to issue of the Subdivision Certificate, the principal Certifying Authority is to be satisfied that following works have been completed:

·           construction of the new driveway crossing and layback in accordance with the levels and specifications issued by Council

·           removal of all redundant driveway crossings, pipe crossing and/or kerb laybacks. Full reinstatement of these sections to footway, and/or turfed verge and/or kerb and gutter to the satisfaction of Council

·           reinstatement works match surrounding adjacent infrastructure with respect to marrying of levels and materials

·           any sections of damaged grass verge are to be replaced with a non-friable turf of native variety to match existing

·           any damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) has been repaired to the satisfaction of Council and at no cost to Council

Reason:         To protect public infrastructure and the streetscape.

54.   Construction of works in public road

Prior issue of the Subdivision Certificate all road, footpath and/or drainage works in the public road must be completed in full, inspected and approved by Council. The applicant’s designing engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved drawings.  This certification shall be provided prior to release of the linen plan/issue of the Subdivision Certificate. The completed works are to be approved by Council’s Development Engineer prior to release of the linen plan/issue of the Subdivision Certificate.

Reason:         To ensure completion of all road, footpath and/or drainage works in the public road.

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, 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.

57.   Issue of Subdivision Certificate

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

58.   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.

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 a the time of lodgement

b)         the 88B instrument plus 6 copies

c)         a copy of the Subdivision Certificate issued for DA0205/17

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

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.

60.   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.

Stuart Ratcliff

Senior Development Assessment Officer

Selwyn Segall

Team Leader - Development Assessment South

Corrie Swanepoel

Manager Development Assessment Services

Michael Miocic

Director Development & Regulation

Attachments:

A1

Report to Council Meeting of 10 October 2017

2017/241302

Ordinary Meeting of Council - 14 November 2017

GB.5 / 82

Item GB.5

S06785/3

31 May 2017

purpose of report:

The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system over the past six months and anticipated actions and highlights for the coming twelve months.  It has been presented twice a year since 2011/2012.

background:

Development contributions are a whole-of-Council activity, encompassing policy development, development assessment, customer services, financial management, project management and the delivery of community assets.  Many staff are involved in the delivery of community infrastructure wholly or partly funded by development contributions.  In this context, ‘development contributions’ means all aspects of the development contributions system under Division 6 Development Contributions, Environmental Planning and Assessment Act, 1979.

comments:

This report focuses on key highlights of the development contributions system.  More technical detail on particular key projects and financial management can be found in the quarterly and annual financial reports and annual delivery programmes as well as project-specific reports for large items of community infrastructure.

recommendation:

That the information in the report be received and noted and the contributions plans and policies be scheduled for updating concurrent with the broader strategic planning framework.

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

Strategies, plans and processes are in place to effectively manage the impact of new development

P8.1.1.1.1.1-2

Ku-ring-gai Contributions Plan

2010 ensures new development contributes towards the cost of delivering supporting infrastructure.

P4.1 Our centres offer a broad

range of shops and services and contain lively urban village spaces where people can live, work, shop, meet and spend leisure time

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community

P1.1.1.1.2

Lindfield and Turramurra Masterplanning is well-advanced.

P6.1 Recreation, sporting and

leisure facilities are available to meet the community’s diverse and changing needs