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Item No: GB.1 |
Ordinary Meeting of Council
TO BE HELD ON
Tuesday, 10 November 2015 AT 7.00pm
Level 3 Council Chamber
Agenda
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NOTE: For Full Details, See Council’s Website –
www.kmc.nsw.gov.au under the link to business papers
DECLARATIONS OF INTEREST
Confirmation of Reports to be Considered in Closed Meeting
NOTE:
That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of confidential attachments to the following General Business reports:
Refer GB.9 Lindfield Local Centre - Commuter Car Parking
Attachment A2: Supplementary Estimate Report - Lindfield Village Concept Design - JMD & TZG Alternative Design Options - 05.03.15
Attachment A3: Lindfield - commuter car parking - estimated cost and financial considerations
Refer GB.12 T14/2015 - NTRA - Stage 4B Turf Sportsfields and Surrounds
Attachment A1: Tender Assessment and Recommendation Report
Attachment A2: Tender Weighted Criteria and Returnable Schedules
Attachment A3: Tender Evaluation Panel's Score and Recommendation
Attachment A4: Corporate Scorecard Financial Assessment
Address the Council
NOTE: Persons who address the Council should be aware that their address will be tape recorded.
Documents Circulated to Councillors
CONFIRMATION OF MINUTEs
Minutes of Ordinary Meeting of Council 9
File: S02131
Meeting held 27 October 2015
Minutes numbered 314 to 340
minutes from the Mayor
Petitions
PT.1 Renaming
of Orana Reserve to Reichard Reserve
(Twenty Seven [27] Signatures) 106
File: S02972
“We, the undersigned, petition the Mayor and Councillors of Ku-ring-gai Council to support the renaming of Orana Reserve to Reichard Reserve for the reasons outlined below:
Albert and Mabel Reichard lived on the property ‘Lanosa’ now at 62-64 Mona Vale Road Pymble from 1919 to 1940, and subdivided this larger property (including the residential sites on Orana Avenue and Kywong Avenue) into a residential subdivision including a reserve, which was gifted back to Ku-ring-gai Council and is now known as Orana Reserve.
In February 2015 ‘Lanosa’ (the original residence) was accepted by Council as an item on the Local Heritage List and as such is a significant building. The building was built in 1897 by Charles Martin Buck, a significant member of the local community, and at the time consisted of the land now bounded by Church Street, Mona Vale Road, (as it is now) and Orana Avenue (and now includes Kywong Avenue).The land originally a rural landholding was a significant parcel of land.
The purpose of this petition is to rename Orana Reserve to Reichard Reserve in recognition of the Reichard family’s gift of the land back to Ku-ring-gai Council in preserving an area of great natural beauty, together with the fauna and flora in this rather unique pocket of bushland in this suburban environment, as well as commemorating the contribution of the Reichard family in the development of the early community in this area of Pymble.”
GENERAL BUSINESS
i. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.
ii. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.
GB.1 Roseville P & C Kids Care Association Inc - 4-12 Babbage Road Roseville - Renewal of Licence 107
File: S07521
For Council to consider granting a 5 year licence agreement with further 5 year option, to renew Roseville P & C Kids Care Association Inc, for premises located at 4-12 Babbage Road, Roseville.
Recommendation:
That Council grant a new 5 year lease to RKC from 1 November 2015 to 31 October 2020, together with an option for a further 5 year term.
GB.2 Marian Street Theatre - Community Engagement Outcomes 119
File: S10577
To report to Council the outcomes of the community engagement program undertaken for the Marian Street Theatre.
Recommendation:
That the outcomes from the community engagement program be received and noted by Council, and that the report is made available on Council’s website. It is also recommended that the results of the community engagement be used to inform any future master planning for cultural facilities, including live theatre, in Ku-ring-gai.
GB.3 Marian Street Theatre for Young People - Request for Financial Assistance 130
File: S10095/2
To advise Councillors of a request from the Marian Street Theatre for Young People (MSTYP) for financial assistance to support their operations throughout 2016.
Recommendation:
That Council provide $60,000 to the MSTYP to support the continuation of its operations throughout 2016.
GB.4 Pymble Turramurra Preschool Inc. - Lease Renewal - 21 Handley Avenue Turramurra 168
File: S07466
For Council to consider the granting of a 5 year lease with 5 year further option to renew, to Pymble Turramurra Preschool Inc.
Recommendation:
That Council grant a new 5 year lease to Pymble Turramurra Preschool from 1 September 2015 to 31 August 2020, together with an option for a further 5 year term.
GB.5 Council Meeting Cycle for 2016 179
File: CY00438/3
To consider the Council Meeting Cycle for 2016 which takes into account school holidays, public holidays and the Christmas recess.
Recommendation:
That Council’s Meeting Cycle for 2016 be adopted.
GB.6 4 Binalong Street, West Pymble - Two Lot Torrens Title Subdivision - DA0543/14 184
File: DA0543/14
Ward: Comenarra
Applicant: DFP Planning Pty Limited
Owner: Ku-ring-gai Council
Two lot Torrens title subdivision
Recommendation:
Approval
GB.7 15 - 17 College Crescent, St Ives - Demolition of existing structures and construction of a multi-dwelling development of 12 units, basement car parking and landscaping 220
File: DA0589/14
Ward: St Ives
Applicant: College Crescent Developments Pty Ltd
Owner: L & M Rook, A Ostermayer
To determine Development Application No.DA0589/14 for the demolition of existing structures and construction of a multi-dwelling development of 12 units, basement car-parking and landscaping.
Recommendation:
Approval
GB.8 Project update - 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase 311
File: S10065
To provide an update to Council on the progress of the disposal of part of 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase and to seek final approval for their disposal.
Recommendation:
That Council note the comments in this report and approve the disposal of the proposed lot 11 at 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase.
GB.9 Lindfield Local Centre - Commuter Car Parking 319
File: S10377
The purpose of this report is to seek Council’s approval to submit a proposal to Transport for NSW (TfNSW); the proposal will form the basis for commencing negotiations and completing an agreement between the parties for the provision of commuter car parking spaces in Lindfield local centre.
Recommendation:
That Council submit a formal proposal to TfNSW as the basis for commencing negotiations and completing an agreement between the parties for the provision of 100 commuter car parking spaces as part of the proposed Lindfield Village Green project on the eastern side of Lindfield; and 140 commuter car spaces as part of the Lindfield Community Hub project on the western side of Lindfield.
GB.10 Update Report on the Development Contributions System 341
File: S06785/3
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.
Recommendation:
That the information in the report be received and noted.
GB.11 Lindfield Community Hub - planning proposal and site-specific DCP 356
File: S10749
To update Council on the requirement to prepare a planning proposal to amend Ku-ring-gai LEP (Local Centres) 2012 (KLEP 2012) and to prepare a site-specific DCP to reflect the adopted preferred master plan option for the Lindfield Community Hub site.
Recommendation:
That Council resolve to submit a planning proposal to amend KLEP 2012 to amend the zoning, building height and FSR of the site;
That Council resolve to prepare a site-specific DCP to reflect the adopted Preferred Master Plan Option for the site (revised EOI version);
That Council adopts in principle Option 1C of the Transport Management Plan for the Lindfield Local Centre.
GB.12 T14/2015 - NTRA - Stage 4B Turf Sportsfields and Surrounds 508
File: S09880
To consider the tenders received for the construction of North Turramurra Recreation Area (NTRA) Stage 4B Turf Sportsfields and Surrounds and appoint the preferred tenderer.
Recommendation:
In accordance with Section 55 of the Local Government Act and Tender Regulations, and following the request for tender, it is recommended that Council accepts the tender submitted by tender ‘A’ as indicated in the confidential attachment by the Tender Evaluation Committee.
Extra Reports Circulated to Meeting
Motions of which due Notice has been given
NM.1 Extra fencing at Edenborough Oval to stop dogs getting ticks and also protect native flora and fauna 515
File: S02347
Notice of Motion from Councillor Armstrong dated 2 November 2015
Please Councillors: I am putting forward this NOM due to the very deadly situation which is occurring at Edenborough Oval which is fully fenced on only 3 sides and needs the final side fenced to stop dogs from getting ticks which are in enormous numbers and are very deadly if not detected early.
The oval is hugely popular with not only the dog lovers, but also cricket, soccer, archery and touch football (on Sunday afternoons).
I have attended young cricket matches on Saturdays and have seen for myself the amount of lost balls and wasted time searching for balls when a young batsman/batswoman hits a ball which goes straight into the bush. A fence would stop this from happening and would be a positive addition to the other activities that take place at this oval.
Council Staff have already received quotes for the extra fencing which is roughly 100 metres, and the price guide is about $10-15,000.
I realise that the fencing may not be a major issue compared to others we may be facing, but this is an issue that only local council can achieve and I think something that all local Councillors would feel is important.
I ask that the fencing be put in the 2015-16 fencing program.
NM.2 St Ives Clearway Proposal 516
File: TM1/07
Notice of Motion from Councillors Berlioz and Ossip dated 2 November 2015
The RMS has proposed to install a
7 day clearway on Mona Vale Road through St Ives. The local shops and
businesses on Mona Vale Road located between Stanley Street and Rosedale Road
depend heavily on passing motorists and drop-in trade. Any decision to
implement a clearway on Mona Vale Road between Stanley Street and Rosedale Road
would cause untold impact to the viability of these small businesses.
Observation of traffic flows in this segment of Mona Vale Road shows that
traffic flows freely except when stopped by the traffic light on the
intersection of Mona Vale Road and Stanley Street. Consequently, it would
appear, prima facie, that there is no justification for the implementation of
such a clearway.
We therefore move that:
1. Council writes to RMS and requests that, in relation to the segment of Mona
Vale Road between Stanley Street and Rosedale Road, it abandons plans to
implement a clearway.
2. Council writes to RMS and requests that RMS provide Council with all data relevant to this particular segment of Mona Vale Road including traffic studies on the volume and speed of traffic, an economic impact study for the businesses which would be affected by the proposed clearway and traffic modelling to demonstrate the benefits of a clearway in this section on traffic flow.'
NM.3 Emeritus Mayor Jennifer Anderson 517
File: S09602
Notice of Motion from Councillor Fornari-Orsmond dated 3 November 2015
Background
Councillor Jennifer Anderson was formally congratulated at the last Ordinary Meeting of Council (27th October 2015), following the Local Government Association of NSW conferring upon her the title of Emeritus Mayor.
During my congratulatory comments, I stated that Cr Anderson had achieved the title of Emeritus Mayor faster than any previous Ku-ring-gai mayor. Cr Malicki, thereafter, stated that, in the interest of accuracy, she was rising to inform Council that my statement was incorrect and that former Cr Ian Cross had achieved the same title faster than Cr Anderson.
Thus, I now feel compelled, in the interest of accuracy, to inform Council that, in fact, it is Cr Malicki who is incorrect.
Ian Cross was elected to Council in 1999 and served as mayor 2002-2004 (2 years) and again 2009-2011 (2 years). A councillor is eligible for the title of Emeritus Mayor after completing three terms as mayor. Ian Cross achieved that at the end of his 2010 mayoral year. That was more than ten years after he was elected to Council.
Cr Anderson was elected to Council in 2006 and therefore has not yet served ten years, served as mayor in 2011/12, 2013/14 and 2014/15 . This, of course, means that Cr Anderson has achieved the title of Emeritus Mayor faster than any previous Ku-ring-gai Mayor.
I move:
That, in the interest of accuracy, Council receive and note the facts stated above and thereby confirms Cr Jennifer Anderson has been conferred the title of Emeritus Mayor faster than any previous Ku-ring-gai mayor.
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS
Questions Without Notice
Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS
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MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 27 October 2015
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Present: |
The Mayor, Councillor C Szatow (Chairperson) (Gordon Ward) Councillors E Malicki & J Pettett (Comenarra Ward) Councillor D Citer (Gordon Ward) Councillors C Berlioz & D Ossip (St Ives Ward) Councillors J Anderson & D Armstrong (Roseville Ward) Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward) |
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Staff Present: |
General Manager (John McKee) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (Greg Piconi) Director Strategy & Environment (Andrew Watson) Director Community (Janice Bevan) Corporate Lawyer (Jamie Taylor) Manager Engineering Operations (Ian Taylor) Manager Urban & Heritage Planning (Antony Fabbro) Manager Records and Governance (Amber Moloney) Governance Officer (Christine Dunand) Minutes Secretary (Sigrid Banzer) |
The Meeting commenced at 7.00 pm
The Mayor offered the Prayer
The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.
No Interest was declared.
The following members of the public addressed Council on items not on the agenda:
G Marjoram – Heritage Listing
G Hosier – Activate Lindfield
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:
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Late Items: |
MM.1 - Cr Jennifer Anderson - Emeritus Mayor - Report by Mayor PA dated 22 October 2015 GB.12 - Fit for the Future Update - Report by General Manager dated 22 October 2015 with attachments. |
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Memorandums: |
Refer GB.12 – Fit for the Future Update – Confidential Memorandum from Director Corporate and General Manager Refer GB.12 – Fit for the Future Update – Memorandum from Director Corporate and General Manager Refer GB.10 – Heritage Item – 140 Pentecost Avenue Turramurra – Memorandum from Manager Urgan & Heritage Planning advising change of recommendation |
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Councillors Additional Agenda Information: |
Refer GB.7 – Pedestrian Mobility Plan Attachment A1 |
Councillor Ossip departed during discussion
PETITIONS
Councillor Ossip returned
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321 |
34 and 40 Clissold Road, Wahroonga - Demolish existing structures and construct nine self contained dwellings, including front fence, driveway and landscaping works (SEPP Seniors Living 2004)
File: DA0112/15 Vide: GB.5
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Demolish existing structures and construct nine new self-contained dwellings, including front fence, driveway and landscaping works (SEPP Seniors Living 2004)
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(Moved: Councillors Berlioz/McDonald)
That Council, as the consent authority, grant development consent to DA0112/15 for the demolition of existing structures and construction of nine new self-contained dwellings under SEPP (Housing for Seniors or People with a Disability) 2004 on land at 34 and 40 Clissold Road, Wahroonga for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:
Conditions that identify approved plans:
1. Approved architectural plans and documentation (new development)
The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure that the development is in accordance with the determination.
2. Inconsistency between documents
In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.
Reason: To ensure that the development is in accordance with the determination.
3. Approved landscape plans
Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure that the development is in accordance with the determination.
Conditions to be satisfied prior to demolition, excavation or construction:
4. Asbestos works
All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.
Reason: To ensure public safety
5. Notice of commencement
At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.
Reason: Statutory requirement.
6. Notification of builder’s details
Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.
Reason: Statutory requirement.
7. Dilapidation survey and report (public infrastructure)
Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council:
Public infrastructure
· Full road pavement width, including kerb and gutter, of Clissold Road over the site frontage. · All driveway crossings and laybacks opposite the subject site.
The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.
The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.
Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.
Reason: To record the structural condition of public infrastructure before works commence.
8. Dilapidation survey and report (private property)
Prior to the commencement of any demolition or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:
· No. 32 Clissold Road (2 rear buildings along the southern side directly opposite the location of the combined detention / retention tank for No. 34 Clissold Road)
The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that professional based on the excavations for the proposal and the recommendations of the submitted geotechnical report.
In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.
Note: A copy of the dilapidation report is to be provided to Council prior to any excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.
Reason: To record the structural condition of likely affected properties before works commence.
9. Construction and traffic management plan
The applicant must submit to Council a Construction Traffic Management Plan (TMP), which is to be approved prior to the commencement of any works on site.
The plan is to consist of a report with Traffic Control Plans attached.
The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The TMP applies to all persons associated with demolition, excavation and construction of the development.
The report is to contain construction vehicle routes for approach and departure to and from all directions.
The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for the longest heavy rigid vehicle.
The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:
· Demolition · Excavation · Concrete pour · Construction of vehicular crossing and reinstatement of footpath · Traffic control for vehicles reversing into or out of the site.
Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users.
When a satisfactory TMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved TMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines will be issued for any non-compliance with this condition.
Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.
10. Work zone
A work zone shall be provided along the site frontage. The applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.
If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.
Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.
In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.
Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.
11. Sediment controls
Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.
The form of the sediment controls to be installed on the site shall be determined by reference to the ‘NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.
Reason: To preserve and enhance the natural environment.
12. 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.
13. Tree protection fencing
To preserve retained trees located on site and within the road reserve, no work shall commence until the tree protection zone is fenced off as detailed within the ‘specific tree protection measures’ and ‘general tree protection measures’ as defined and detailed within the Arboricultural Impact Assessment Report by Footprint Green dated 09/07/2015, to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site.
Reason: To protect existing trees during the construction phase.
14. Tree protective fencing type galvanised mesh
The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing.
Reason: To protect existing trees during construction phase.
15. Tree protection signage
Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:
Tree protection zone.
· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted. · Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report. · The arborist's report shall provide proof that no other alternative is available. · The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council. · The name, address, and telephone number of the developer.
Reason: To protect existing trees during the construction phase.
16. Tree protection 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.
17. Tree protection - avoiding soil compaction
To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) over the existing driveway and crossover is installed as per AS4970-2009 Figure 4, beneath the canopy of the following trees:
Reason: To protect existing trees during the construction phase.
18. 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 with a copy to Council:
Reason: To protect existing trees during the construction phase.
19. Tree Fencing Inspection
Upon installation of the required tree protection measures, an inspection of the site by the 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.
20. Construction waste management plan
Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s Waste Management controls in the Ku-ring-gai Development Control Plan.
The plan shall address all issues identified in KDCP 2015, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.
Note: The plan shall be provided to the Certifying Authority.
Reason: To ensure appropriate management of construction waste.
21. Noise and vibration management plan
Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority. The management plan is to identify amelioration measures to achieve the best practice objectives of AS 2436-2010 and NSW Department of Environment and Climate Change Interim Construction Noise Guidelines. The report shall be prepared in consultation with any geotechnical report that itemises equipment to be used for excavation works.
The management plan shall address, but not be limited to, the following matters:
· identification of the specific activities that will be carried out and associated noise sources · identification of all potentially affected sensitive receivers, including residences, churches, commercial premises, schools and properties containing noise sensitive equipment · the construction noise objective specified in the conditions of this consent · the construction vibration criteria specified in the conditions of this consent · determination of appropriate noise and vibration objectives for each identified sensitive receiver · noise and vibration monitoring, reporting and response procedures · assessment of potential noise and vibration from the proposed demolition, excavation and construction activities, including noise from construction vehicles and any traffic diversions · description of specific mitigation treatments, management methods and procedures that will be implemented to control noise and vibration during construction · construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency · procedures for notifying residents of construction activities that are likely to affect their amenity through noise and vibration · contingency plans to be implemented in the event of non-compliances and/or noise complaints
Reason: To protect the amenity afforded to surrounding residents during the construction process.
Conditions to be satisfied prior to the issue of the construction certificate:
22. Amendment to approved architectural plans - relocation of the waste collection area
Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved architectural plan, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:
· the waste collection area is to be relocated to the south west to be alongside the northern edge of the driveway and vehicular entry gate · the location of the waste collection area is to minmise encroachment into the TPZs of trees to be retained · the location of the waste collection area is to allow for a waste truck to reverse into the driveway and allow waste to be collected directly from the driveway · the letter boxes and associated roof are to be integrated into the amended waste collection area/structure · the pedestrian pathway is to be realigned to maintain clear pedestrian access to the development · redundant pedestrian pathways are to be removed
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the architectural plans have been amended as required by this condition.
Reason: To facilitate orderly waste collection, minimise encroachments into the tree protection zones and improve streetscape amenity.
23. Amendments to approved landscape plan
Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved landscape plans, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:
The above landscape plan(s) shall be amended in the following ways:
· the location of the proposed Bin Store within the site frontage shall be relocated as per other conditions of consent requirements · the proposed front entry path shall be relocated as per other conditions of consent requirements · the proposed letter box location shall be amended as per other conditions of consent requirements · the notation regarding pruning of T13 is to be deleted. No consent has been given for pruning works · notation is to be placed on plan that the privacy fence between Units 4 & 5 is to be a lightweight/lap and capped paling fence, consistent with the architectural plans · appropriate screen planting shall be provided on the street side of the Bin enclosure to minimise its visual impact within the streetscape and landscape setting · the existing camellia hedge along the rear portion of the southern boundary is shown as retained
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended as required by this condition.
Note: An amended plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.
Reason: To ensure adequate landscaping of the site
24. Driveway/crossover levels
Prior to the issue of the Construction Certificate, the Principal Certifying Authority and Project Arborist shall be satisfied that the levels of the proposed driveway crossover, driveway and pedestrian paths located within a 12.0m radius of T1 and T2, shall be designed and constructed as per the Specific Tree Protection Measures detailed within the Arboricultural Impact Assessment Report by Footprint Green dated 09/07/2015.
Reason: To protect existing trees
25. 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.
26. 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.
27. Outdoor lighting
Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that all outdoor lighting will comply with AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.
Note: Details demonstrating compliance with these requirements are to be submitted prior to the issue of a Construction Certificate.
Reason: To provide high quality external lighting for security without adverse affects on public amenity from excessive illumination levels.
28. Access for people with disabilities (residential)
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities to and from and between the public domain, residential units and all common open space areas is provided. Consideration must be given to the means of dignified and equitable access.
Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act, and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.
Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.
29. Recycling and waste management
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the development provides a common garbage collection/separation area sufficient in size to store all wheelie garbage bins and recycling bins provided by Council for the number of units in the development in accordance with Council’s DCP. The garbage collection point is to be accessible by Council’s Waste Collection Services.
The responsibility for:
· the cleaning of waste rooms and waste service compartments; and · the transfer of bins within the property, and to the collection point once the development is in use;
shall be determined when designing the system and clearly stated in the Waste Management Plan.
Note: The architectural plans are to be amended and provided to the Certifying Authority.
Reason: Environmental protection.
30. Noise from plant in residential zone
Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00pm -6.00 am) when measured at the boundary of the site.
C1. Note: A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.
Reason: To comply with best practice standards for residential acoustic amenity.
31. Car parking details
Prior to issue of the Construction Certificate, certified parking layout plan(s) to scale showing all aspects of the vehicle access and accommodation arrangements must be submitted to and approved by the Certifying Authority. A qualified civil/traffic engineer must review the proposed vehicle access and accommodation layout and provide written certification on the plans that:
· all parking space dimensions, driveway and aisle widths, driveway grades, transitions, circulation ramps, blind aisle situations and other trafficked areas comply with Australian Standard 2890.1 - 2004 “Off-street car parking” · no doors or gates are provided in the access driveways which would prevent unrestricted access for internal garbage collection at any time from the garbage storage and collection area · the dimensions of all parking spaces, including lengths and widths, comply with the State Environmental Planning Policy for Senior Living · the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans
Reason: To ensure that parking spaces are in accordance with the approved development.
32. Energy Australia requirements
Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.
Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.
Reason: To ensure compliance with the requirements of Energy Australia.
33. Utility provider requirements
Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained. All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.
Reason: To ensure compliance with the requirements of relevant utility providers.
34. Underground services
All electrical services (existing and proposed) shall be undergrounded from the proposed building on the site to the appropriate power pole(s) or other connection point. Undergrounding of services must not disturb the root system of existing trees and shall be undertaken in accordance with the requirements of the relevant service provided. Documentary evidence that the relevant service provider has been consulted and that their requirements have been met are to be provided to the Certifying Authority prior to the issue of the Construction Certificate. All electrical and telephone services to the subject property must be placed underground and any redundant poles are to be removed at the expense of the applicant.
Reason: To provide infrastructure that facilitates the future improvement of the streetscape by relocation of overhead lines below ground.
Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):
35. Infrastructure restorations fee
To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:
a) All work or activity taken in furtherance of the development the subject of this approval 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 approval 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 Restoration Fee must be paid to the 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 Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and 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 the 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 Restorations Fee 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 Restoration Fee” means the Infrastructure Restorations Fee 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.
36. 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 as at the June 2015 quarter and 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.
Notwithstanding the total above, in accordance with the s94E Direction issued by the Minister for Planning dated 3 March 2011, for so long as it remains legally in force, the maximum amount payable for the subject development application shall be $20,000 x 9 = $180,000.
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:
37. 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.
38. Prescribed conditions
The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
· The work must be carried out in accordance with the requirements of the Building Code of Australia. · In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.
Reason: Statutory requirement.
39. Hours of work
Demolition, excavation, 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 or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.
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.
40. Construction of works in public road
The applicant shall construct a section of footpath opposite the road near the existing bus stop to achieve compliance with AS1428.1 and DDA Transport Standards. The works must be supervised and approved to the satisfaction of Council's engineer.
Reason: Statutory requirement.
41. Approved plans to be on site
A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.
Reason: To ensure that the development is in accordance with the determination.
42. Engineering fees
For the purpose of any development related inspections by Ku-ring-gai Council engineers, the corresponding fees set out in Councils adopted Schedule of Fees and Charges are payable to Council. A re-inspection fee per visit may be charged where work is unprepared at the requested time of inspection, or where remedial work is unsatisfactory and a further inspection is required. Engineering fees must be paid in full prior to any final consent from Council.
Reason: To protect public infrastructure.
43. Statement of compliance with Australian Standards
The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The work plans required by AS2601: 2001 shall be accompanied by a written statement from a suitably qualified person that the proposal contained in the work plan comply with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the satisfaction of the Principal Certifying Authority prior to the commencement of any works.
Reason: To ensure compliance with the Australian Standards.
44. Construction noise
During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with the recommendations of the approved noise and vibration management plan.
Reason: To ensure reasonable standards of amenity to neighbouring properties.
45. Site notice
A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.
The site notice must:
· be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted · display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer · be durable and weatherproof · display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice · be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted
Reason: To ensure public safety and public information.
46. Dust control
During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:
· physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust · earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed · all materials shall be stored or stockpiled at the best locations · the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs · all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust · all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays · gates shall be closed between vehicle movements and shall be fitted with shade cloth · cleaning of footpaths and roadways shall be carried out daily
Reason: To protect the environment and amenity of surrounding properties.
47. Post-construction dilapidation report
The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:
· compare the post-construction dilapidation report with the pre-construction dilapidation report · have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.
A copy of this report is to be forwarded to Council at the completion of the construction works.
Reason: Management of records.
48. 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.
49. 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.
50. 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.
51. 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.
52. 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.
53. 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.
54. Sydney Water Section 73 Compliance Certificate
The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing Coordinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au <http://www.sydneywater.com.au> then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
Reason: Statutory requirement.
55. 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.
56. 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 under the direct supervision of an AQF5 arborist. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.
Reason: To protect existing trees.
57. 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.
58. 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 Tree Preservation Order.
Reason: To ensure that the development is in accordance with the determination.
59. 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.
60. 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.
61. 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.
62. Canopy replenishment trees to be planted
The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.
Reason: To maintain the treed character of the area.
63. 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:
64. Easement for waste collection
Prior to issue of the Occupation Certificate, an easement for waste collection is to be created under Section 88B of the Conveyancing Act 1919. This is to permit legal access for Council, Council’s contractors and their vehicles over the subject property for the purpose of collecting waste from the property. The terms of the easement are to be generally in accordance with Council’s draft terms for an easement for waste collection and shall be to the satisfaction of Council’s Development Engineer.
Reason: To permit legal access for Council, Council’s contractors and their vehicles over the subject site for waste collection.
65. Compliance with BASIX Certificate
Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. 619825M_02 dated 6 July 2015 have been complied with.
Reason: Statutory requirement.
66. Clotheslines and clothes dryers
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the units either have access to an external clothes line located in common open space or have a mechanical clothes dryer installed.
Reason: To provide access to clothes drying facilities.
67. Mechanical ventilation
Following completion, installation and testing of all the mechanical ventilation systems, the Principal Certifying Authority shall be satisfied of the following prior to the issue of any Occupation Certificate:
(i) The installation and performance of the mechanical systems complies with: · The Building Code of Australia · Australian Standard AS1668 · Australian Standard AS3666 where applicable
(ii) The mechanical ventilation system in isolation and in association with other mechanical ventilation equipment, when in operation will not be audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest adjoining boundary.
Note: Written confirmation from an acoustic engineer that the development achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.
Reason: To protect the amenity of surrounding properties.
68. Completion of landscape works
Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.
Reason: To ensure that the landscape works are consistent with the development consent.
69. Retention and re-use positive covenant
Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site stormwater retention and re-use facilities on the property.
The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Ku-ring-gai DCP Part 25R.9.2). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.
Registered title documents showing the covenants and restrictions must be submitted to and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.
Reason: To protect the environment.
70. Certification of drainage works
Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:
· the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans · the minimum retention and on-site detention storage volume requirements of BASIX and Ku-ring-gai DCP Part 25B.5 respectively, have been achieved · retained water is connected and available for use · all grates potentially accessible by children are secured · components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia · all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices
Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.
Reason: To protect the environment.
71. WAE plans for stormwater management and disposal (dual occupancy and above)
Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:
· as built (reduced) surface and invert levels for all drainage pits · gradients of drainage lines, materials and dimensions · as built (reduced) level(s) at the approved point of discharge to the public drainage system · as built location and internal dimensions of all detention and retention structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site · the achieved storage volumes of the installed retention and detention storages and derivative calculations · as built locations of all access pits and grates in the detention and retention system(s), including dimensions · the size of the orifice or control fitted to any on-site detention system · dimensions of the discharge control pit and access grates · the maximum depth of storage possible over the outlet control · top water levels of storage areas and indicative RL’s through the overland flow path in the event of blockage of the on-site detention system
The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.
Reason: To protect the environment.
72. OSD positive covenant/restriction
Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.
The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Ku-ring-gai DCP Part 25R.9.1). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.
Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.
Reason: To protect the environment.
73. Sydney Water Section 73 Compliance Certificate
Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority
Reason: Statutory requirement.
74. Reinstatement of redundant crossings and completion of infrastructure works
Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:
· new concrete driveway crossing in accordance with levels and specifications issued by Council · removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials) · full repair and resealing of any road surface damaged during construction · full replacement of damaged sections of grass verge to match existing
This inspection may not be carried out by the Private Certifier because restoration of Council property outside the boundary of the site is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.
All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.
Reason: To protect the streetscape.
75. Construction of works in public road
Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Council conditions and specifications.
The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council.
The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with Council standard drawings and technical specifications.
Reason: To ensure that works undertaken in the road reserve are to the satisfaction of Council.
76. Infrastructure repair
Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.
Reason: To protect public infrastructure.
77. Fire safety certificate
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a Fire Safety Certificate for all the essential fire or other safety measures forming part of this consent has been completed and provided to Council.
Note: A copy of the Fire Safety Certificate must be submitted to Council.
Reason: To ensure suitable fire safety measures are in place.
78. Restriction on land title - seniors living development
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that restriction as to use of land under Section 88E of the Conveyancing Act 1919, has been created restricting the occupation of the premises to:
· people 55 or over or people who have a disability · people who live with people 55 or over or people who have a disability · staff employed to assist in the administration of and provision of services to housing provided in this development
Reason: To ensure that the development meets the provisions of the Seniors Living SEPP.
79. SEPP Seniors Living advertising
All advertising, signage, marketing or promotion of the sale of the dwellings in this development shall make clear reference to the fact that this is a SEPP Seniors Living development and that at least one occupier shall be aged 55 years or over or have a disability.
Reason: To ensure that the development meets the provisions of the Seniors Living SEPP.
Conditions to be satisfied prior to the issue of either an Occupation or Subdivision Certificate (which comes first):
80. Construction Standards - Housing for Seniors or People with a Disability
Prior to the issue of an occupation certificate or occupation of the development (whichever comes first), certification shall be provided from an accredited access consultant to the certifying authority which demonstrates that the fit out and construction of the development satisfies the design criteria in Schedule 3 of SEPP (Housing for Seniors or People with a Disability) 2004.
Reason: To ensure compliance with SEPP (Housing for Seniors or People with a Disability) 2004.
81. Material of shared driveway/pedestrian zone
The pedestrian pathway within the shared driveway zone is to be an alternate slip resistant surface material to differentiate it from the concrete driveway.
Reason: Ensure compliance with the accessibility requirements.
82. Consolidation of lots
Prior to the issue of the Occupation Certificate, Lot X DP 419199 and Lot Y DP 419199 are to be consolidated into a single lot.
Reason: To achieve orderly development of the land.
Conditions to be satisfied at all times:
83. Retention of existing camellia hedge
The existing camellia hedge along the southern boundary is to be retained and protected for the life of the development.
Reason: Maintain amenity between neighbouring sites.
84. Height of screens between courtyards
The overall height of any screens between courtyards shall not exceed 1800mm above the finished ground level.
Reason: To maintain internal amenity.
85. Outdoor lighting
At all times for the life of the approved development, all outdoor lighting shall not detrimentally impact upon the amenity of other premises and adjacent dwellings and shall comply with, where relevant, AS/NZ1158.3: 2005 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.
Reason: To protect the amenity of surrounding properties.
86. Noise control - plant and machinery
All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.
Reason: To protect the amenity of surrounding residents.
87. Noise control - rainwater re-use system
All noise generating equipment, such as pumps, associated with any proposed rainwater re-use system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the pump/s outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.
Reason: To protect the amenity of surrounding residents.
CARRIED UNANIMOUSLY |
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11 - 15 Merriwa Street Gordon - Construction of a mixed use building comprising 63 residential units, 3 retail suites and basement car parking
File: DA0447/14 Vide: GB.6
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Construction of a mixed use building comprising 63 residential units, 3 retail suites and basement car parking
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(Moved: Councillors Berlioz/Citer)
A. That Council, as the consent authority, is satisfied that the request under Clause 4.6 of Ku-ring-gai Local Centres LEP 2012 to vary the ground floor development, height and floor space ratio development standards is well founded. Council is also satisfied that the proposed development will be in the public interest and is consistent with the objectives of the development standard and the B4 Mixed Use zone.
AND
B. That Council, as the consent authority, grant development consent to DA0447/14 for demolition of existing structures and construction of a mixed use building comprised of 63 residential units, 3 retail suites and basement car parking at 11 – 15 Merriwa Street, Gordon for a period of two years from the date of the notice of determination, subject to the following conditions:
Conditions that identify approved plans:
1. Approved architectural plans and documentation (new development)
The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure that the development is in accordance with the determination.
2. Inconsistency between documents
In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.
Reason: To ensure that the development is in accordance with the determination.
3. Approved landscape plans
Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure that the development is in accordance with the determination.
Conditions to be satisfied prior to demolition, excavation or construction:
4. Asbestos works
All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.
Reason: To ensure public safety.
5. Notice of commencement
At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.
Reason: Statutory requirement.
6. Notification of builder’s details
Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.
Reason: Statutory requirement.
7. Dilapidation survey and report (public infrastructure)
Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council:
Public infrastructure
· Full road pavement width, including kerb and gutter, of Merriwa Street and Fitzsimons Lane over the site frontage. · All driveway crossings and laybacks opposite the subject site.
The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.
The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.
Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.
Reason: To record the structural condition of public infrastructure before works commence.
8. Dilapidation survey and report (private property)
Prior to the commencement of any excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:
The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that professional based on the excavations for the proposal and the recommendations of the submitted geotechnical report.
In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.
Note: A copy of the dilapidation report is to be provided to Council prior to any excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.
Reason: To record the structural condition of likely affected properties before works commence.
9. Construction and traffic management plan
The applicant must submit to Council a Construction Traffic Management Plan (CTMP), which is to be approved prior to the commencement of any works on site.
The plan is to consist of a report with Traffic Control Plans attached.
The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The CTMP applies to all persons associated with excavation and construction of the development.
The report is to contain construction vehicle routes for approach and departure to and from all directions.
The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for an 11 metre long heavy rigid vehicle. If a No Parking restriction opposite the construction vehicle access point is required, application is to be made to the Ku-ring-gai Local Traffic Committee, and approval obtained prior to the approval of the CTMP.
The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:
o Excavation o Concrete pour o Construction of vehicular crossing and reinstatement of footpath o Traffic control for vehicles reversing into or out of the site.
Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users.
When a satisfactory CTMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved CTMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines may be issued for any non-compliance with this condition.
Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.
10. Work zone
A Works Zone is to be provided in Fitzsimons Lane subject to the approval of the Ku-ring-gai Local Traffic Committee.
No loading or unloading must be undertaken from the public road or nature strip unless within a Works Zone which has been approved and paid for.
In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.
Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.
11. 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.
12. Tree protection fencing
To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site.
Reason: To protect existing trees during the construction phase.
13. Tree 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.
14. Tree protection signage
Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:
Tree protection zone.
· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted. · Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report. · The arborist's report shall provide proof that no other alternative is available. · The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council. · The name, address, and telephone number of the developer.
Reason: To protect existing trees during the construction phase.
15. Tree protection mulching
Prior to works commencing and throughout construction, the area of the tree protection zone is to be mulched to a depth of 100mm with composted organic material being 75% Eucalyptus leaf litter and 25% wood.
Reason: To protect existing trees during the construction phase.
16. Tree protection - avoiding soil compaction
To preserve the following tree/s and avoid soil compaction, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) within a 7.0m radius over the proposed driveway location of the following tree/s is/are installed:
Reason: To protect existing trees during the construction phase.
17. Tree fencing inspection
Upon installation of the required tree protection measures, an inspection of the site by the Principal Certifying Authority is required to verify that tree protection measures comply with all relevant conditions.
Reason: To protect existing trees during the construction phase.
18. Noise and vibration management plan
Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority. The management plan is to identify amelioration measures to achieve the best practice objectives of AS 2436-2010 and NSW Department of Environment and Climate Change Interim Construction Noise Guidelines. The report shall be prepared in consultation with any geotechnical report that itemises equipment to be used for excavation works.
The management plan shall address, but not be limited to, the following matters:
· identification of the specific activities that will be carried out and associated noise sources · identification of all potentially affected sensitive receivers, including residences, churches, commercial premises, schools and properties containing noise sensitive equipment · the construction noise objective specified in the conditions of this consent · the construction vibration criteria specified in the conditions of this consent · determination of appropriate noise and vibration objectives for each identified sensitive receiver · noise and vibration monitoring, reporting and response procedures · assessment of potential noise and vibration from the proposed demolition, excavation and construction activities, including noise from construction vehicles and any traffic diversions · description of specific mitigation treatments, management methods and procedures that will be implemented to control noise and vibration during construction · construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency · procedures for notifying residents of construction activities that are likely to affect their amenity through noise and vibration · contingency plans to be implemented in the event of non-compliances and/or noise complaints
Reason: To protect the amenity afforded to surrounding residents during the construction process.
Conditions to be satisfied prior to the issue of the construction certificate:
19. Construction of food preparation areas
The construction of any food premises must meet the requirements of the Food Act 2003 and Regulations, Food Safety Standards, Australian Standard 4674 2004, and Australian Standard 1668 Parts 1 and 2. Plans submitted to the PCA prior to release of the Construction Certificate to satisfy this condition shall include the following:
· Floor, wall and ceiling construction and finishes for the food preparation areas; · Floor plan, elevations and sections showing the construction and fit-out of fixtures and fittings for the food preparation areas; · Location of coolroom/cold storage areas/dry food storage areas; · Location and ducting for mechanical ventilation system. Mechanical ventilation systems must be installed in accordance with Part F4.5 of the Building Code of Australia and comply with Australian Standard AS1668.2 Parts 1 and 2; and · Location of an internal garbage storage area.
Reason: To ensure compliance with public health guidelines and standards.
20. Garbage and recycling facilities
An appropriate area shall be provided at the premises for the storage of all waste and recyclable material generated by this premises and associated garbage bins/recycling containers. The garbage storage area shall be covered and all internal walls be rendered to a smooth surface, coved at the floor/wall intersection, graded and appropriately drained to the sewer with a tap in close proximity to facilitate cleaning. Details of the waste storage area indicating compliance with the above, are to be provided to the Principal Certifying Authority (PCA) prior to issue of a Construction Certificate.
Reason: To prevent pollution of the environment and to protect the amenity of the area.
21. Noise from mechanical plant
Detailed review of all external mechanical plant should be undertaken by an accredited acoustic consultant prior to release of the Construction Certificate once plant selections and locations are finalised. The review should include any acoustic treatments required to control plant noise emissions so that this plant will comply with the consent conditions and noise requirements of the Protection of the Environment Operations Act 1997. Any required acoustic treatments shall be installed.
Reason: Acoustic Logic Document reference 20141063.1/1209A/RO/RL dated 12/9/14 - to protect the amenity of neighbouring residents.
22. 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.
23. 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.
24. Outdoor lighting
Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that all outdoor lighting will comply with AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.
Note: Details demonstrating compliance with these requirements are to be submitted prior to the issue of a Construction Certificate.
Reason: To provide high quality external lighting for security without adverse affects on public amenity from excessive illumination levels.
25. Air drying facilities
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that a common open space area dedicated for open air drying of clothes is provided. This area is to be located at ground level behind the building line and in a position not visible from the public domain.
In lieu of the above, written confirmation that all units will be provided with internal clothes drying facilities prior to the Occupation Certificate is to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.
Reason: Amenity & energy efficiency.
26. Access for people with disabilities (commercial)
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities from the public domain and all car parking areas on site to all retail tenancies within the building is provided. Consideration must be given to the means of dignified and equitable access.
Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.
Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian standards.
27. Access for people with disabilities (residential)
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities to and from and between the public domain, residential units and all common open space areas is provided. Consideration must be given to the means of dignified and equitable access.
Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act, and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.
Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.
28. Adaptable units
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.
Note: Evidence from an appropriately qualified professional demonstrating compliance with this control is to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.
Reason: Disabled access & amenity.
29. Suspended/cantilevered driveway adjacent to trees
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the driveway slab and barrier will be suspended/cantilevered above natural ground levels within the specified radius of the trunk/s of the following tree/s:
Note: Structural details of the suspended slab construction shall be submitted to the Principal Certifying Authority.
Reason: To protect existing trees.
30. 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.
31. Driveway grades - basement carparks
Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement floor level. The traffic engineer shall provide specific written certification on the plans that:
· vehicular access can be obtained using grades of 20% (1 in 5) maximum and · all changes in grade (transitions) comply with Australian Standard 2890.1 -“Off-street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles.
If a new driveway crossing is proposed, the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application.
Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.
32. Basement car parking details
Prior to issue of the Construction Certificate, certified parking layout plan(s) to scale showing all aspects of the vehicle access and accommodation arrangements must be submitted to and approved by the Certifying Authority. A qualified civil/traffic engineer must review the proposed vehicle access and accommodation layout and provide written certification on the plans that:
· all parking space dimensions, driveway and aisle widths, driveway grades, transitions, circulation ramps, blind aisle situations and other trafficked areas comply with Australian Standard 2890.1 - 2004 “Off-street car parking” · a clear height clearance of 2.6 metres (required under DCP40 for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement · no doors or gates are provided in the access driveways to the basement carpark which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area · the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans
Reason: To ensure that parking spaces are in accordance with the approved development.
33. Energy Australia requirements
Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.
Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.
Reason: To ensure compliance with the requirements of Energy Australia.
34. Utility provider requirements
Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained. All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.
Reason: To ensure compliance with the requirements of relevant utility providers.
Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):
35. Infrastructure restorations fee
To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:
a) All work or activity taken in furtherance of the development the subject of this approval 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 approval 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 Restoration Fee must be paid to the 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 Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and 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 the 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 Restorations Fee 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 Restoration Fee” means the Infrastructure Restorations Fee 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.
36. Section 94 Contributions - Centres. (For DAs determined on or after 19 December 2010)
This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:
Development Contributions Plan 2010
Infrastructure Type Total Gordon TC New Roads & Road Modifications $224,664.96 Gordon TC Local Parks & Sporting Facilities $817,400.66 Gordon TC Townscape Transport & Pedestrian Facilities $414,929.31 LGA Wide Local Recreational & Cultural $116,101.94
Development Contributions Total $1,573,096.87
The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.
The contributions specified above are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.
Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.
Reason: To ensure the provision, extension or augmentation of the Key Community Infrastructure identified in Ku-ring-gai Contributions Plan 2010 that will, or is likely to be, required as a consequence of the development.
Conditions to be satisfied during the demolition, excavation and construction phases:
37. 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.
38. Prescribed conditions
The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
· The work must be carried out in accordance with the requirements of the Building Code of Australia · In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.
Reason: Statutory requirement.
39. Hours of work
Demolition, excavation, 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 or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.
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.
40. 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.
41. Site notice
A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.
The site notice must:
· be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted · display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer · be durable and weatherproof · display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice · be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted
Reason: To ensure public safety and public information.
42. Dust control
During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:
· physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust · earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed · all materials shall be stored or stockpiled at the best locations · the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs · all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust · all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays · gates shall be closed between vehicle movements and shall be fitted with shade cloth · cleaning of footpaths and roadways shall be carried out daily
Reason: To protect the environment and amenity of surrounding properties.
43. Post-construction dilapidation report
The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:
· compare the post-construction dilapidation report with the pre-construction dilapidation report · have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.
A copy of this report is to be forwarded to Council at the completion of the construction works.
Reason: Management of records.
44. Further geotechnical input and further environmental investigation
a) The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by Douglas Partners dated November 2006. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:
· further geotechnical investigations and testing recommended in the above report(s) and as determined necessary · further monitoring and inspection at the hold points recommended in the above report(s) and as determined necessary · written report(s) including certification(s) of the geotechnical inspection, testing and monitoring programs
b) The contamination management of the site must be managed in accordance with the Preliminary Environmental Site Assessment report by Aargus dated September 2012. In particular prior to the commencement of works, the a suitably qualified contamination remediation professional is to undertake a Phase 2 Site Assessment. The recommendations of the Preliminary Environmental Site Assessment report by Aargus, and the recommendations of the Phase 2 Site Assessment must be undertaken and complied with.
Reason: To ensure the safety and protection of property and the environment.
45. Compliance with submitted geotechnical report
A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee excavation.
Geotechnical aspects of the development work, namely:
· appropriate excavation method and vibration control · support and retention of excavated faces · hydro-geological considerations
must be undertaken in accordance with the recommendations of the geotechnical report prepared by Douglas Partners dated November 2006. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).
Reason: To ensure the safety and protection of property.
46. 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.
47. 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.
48. 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.
49. 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.
50. Approval for rock anchors
Approval is to be obtained from the property owner for any anchors proposed beneath adjoining private property. If such approval cannot be obtained, then the excavated faces are to be shored or propped in accordance with the recommendations of the geotechnical and structural engineers.
Reason: To ensure the ongoing safety and protection of property.
51. 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.
52. 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.
53. Temporary rock anchors
If the use of temporary rock anchors extending into the road reserve is proposed, then approval must be obtained from Council and/or the Roads and Traffic Authority in accordance with Section 138 of the Roads Act 1993. The Applicant is to submit details of all the work that is to be considered, and the works are not to commence until approval has been granted. The designs are to include details of the following:
· How the temporary rock anchors will be left in a way that they will not harm or interfere with any future excavation in the public road · That the locations of the rock anchors are registered with Dial Before You Dig · That approval of all utility authorities likely to use the public road has been obtained. All temporary rock anchors are located outside the allocations for the various utilities as adopted by the Streets Opening Conference. · That any remaining de-stressed rock anchors are sufficiently isolated from the structure that they cannot damage the structure if pulled during future excavations or work in the public road. · That signs will be placed and maintained on the building stating that de-stressed rock anchors remain in the public road and include a contact number for the building manager. The signs are to be at least 600mm x 450mm with lettering on the signs is to be no less than 75mm high. The signs are to be at not more than 60m spacing. At least one sign must be visible from all locations on the footpath outside the property. The wording on the signs is to be submitted to Council’s Director Technical Services for approval before any signs are installed.
Permanent rock anchors are not to be used where any part of the anchor extends outside the development site into public areas or road reserves.
All works in the public road are to be carried out in accordance with the Conditions of Construction issued with any approval of works granted under Section 138 of the Roads Act 1993.
Reason: To ensure the ongoing safety and protection of property.
54. Sydney Water Section 73 Compliance Certificate
The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing CoOrdinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au <http://www.sydneywater.com.au> then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the CoOrdinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
Reason: Statutory requirement.
55. 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.
56. 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. A written report of pruning works undertaken shall be submitted to the Principal Certifying Authority within one week of the works being undertaken.
Reason: To protect existing trees.
57. 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.
58. 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.
59. 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.
60. 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.
61. Canopy replenishment trees to be planted
The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.
Reason: To maintain the treed character of the area.
62. Survey and inspection of waste collection clearance and path of travel
At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:
· ascertain the reduced level of the underside of the slab at the driveway entry, · certify that the level is not lower than the level shown on the approved DA plans; and · certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area. · This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab. · No work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.
At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area. This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.
Reason: To ensure access will be available for Council’s contractors to collect waste from the collection point.
63. 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:
64. Noise
All noise generating equipment associated with the use of the premises including but not limited to air conditioning systems, mechanical exhaust and ventilation systems, security gates and lift motors, must not exceed the background noise level by more than 5 decibels between 7am and 10pm when measured at the boundary of the nearest affected residential premises including both externally to the building as well as residential premises located within the building of 11 Merriwa Street. Written confirmation from an accredited acoustic consultant that the development achieves compliance with this noise criteria is to be submitted to the Principal Certifying Authority prior to the release of the Occupation Certificate.
All noise generating equipment associated with the use of the premises, including but not limited to air conditioning systems, mechanical exhaust and ventilation systems, security gates and lift motors, must not exceed the background noise level at all between 10pm and 7am when measured in a habitable room of the nearest residential property including within 11 Merriwa Street and residential premises located externally to the building. Written confirmation from an accredited acoustic consultant that the development achieves compliance with this noise criteria is to be submitted to the Principal Certifying Authority prior to the release of the Occupation Certificate.
Reason: To protect the amenity of neighbouring residents.
65. Mechanical ventilation
Following completion, installation and testing of all the mechanical ventilation systems for the premises, including but not limited to the carpark and food premises areas, certification shall be provided to the PCA from a suitably qualified person prior to the issue of an Occupation Certificate of the following:
The installation and performance of the mechanical systems complies with:
· The Building Code of Australia · Australian Standard AS1668 · Australian Standard AS3666 where applicable.
Reason: To protect the amenity of neighbouring residents.
66. Internal Noise
The PCA shall be satisfied, through certification from an accredited acoustic consultant, that all noise reduction recommendations and requirements of the acoustic consultant report (Acoustic Logic Reference: 20141063.1/1209A/RO/RL dated 12/9/14) have been implemented prior to release of the Occupation Certificate.
Written confirmation is to be submitted to the Principal Certifying Authority from a suitably qualified acoustic consultant that the development complies with Australian Standard AS3671-1989; AS2107-2000; BCA noise requirements between occupancy types; the NSW Planning ‘Development Near Rail Corridors and Busy Roads - Interim Guidelines December 2008’ (DNRCBR 2008) prior to release of the Occupation Certificate.
Reason: To protect the residential amenity.
67. Easement for waste collection
Prior to the issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that an easement for waste collection has been created under Section 88B of the Conveyancing Act 1919. The terms of the easement are to be generally in accordance with Council's draft terms for an easement for waste collection and shall be to the satisfaction of Council's Development Engineer.
Reason: To permit legal access for Council, Council's contractors and their vehicles over the subject site for waste collection.
68. Parking signage
Prior to the release of the occupation certificate, the visitor space V8 shall be signposted to indicate no standing during waste collection hours.
Retail parking spaces are to be appropriately linemarked and signposted.
Reason: To ensure efficient movement of waste collection vehicles.
69. Compliance with BASIX Certificate
Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. 574304M_05 have been complied with.
Reason: Statutory requirement.
70. Completion of landscape works
Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.
Reason: To ensure that the landscape works are consistent with the development consent.
71. Certification of drainage works
Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:
· the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans · the minimum retention and on-site detention storage volume requirements of Ku-ring-gai Local Centres Development Control Plan have been achieved · retained water is connected and available for use · all grates potentially accessible by children are secured · components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia · all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices
Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.
Reason: To protect the environment.
72. WAE plans for stormwater management and disposal (dual occupancy and above)
Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:
· as built (reduced) surface and invert levels for all drainage pits · gradients of drainage lines, materials and dimensions · as built (reduced) level(s) at the approved point of discharge to the public drainage system · as built location and internal dimensions of all detention and retention structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site · the achieved storage volumes of the installed retention and detention storages and derivative calculations · as built locations of all access pits and grates in the detention and retention system(s), including dimensions · the size of the orifice or control fitted to any on-site detention system · dimensions of the discharge control pit and access grates · the maximum depth of storage possible over the outlet control · top water levels of storage areas and indicative RL’s through the overland flow path in the event of blockage of the on-site detention system
The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.
Reason: To protect the environment.
73. OSD positive covenant/restriction
Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.
The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Volume C Part 4R.9 of Ku-ring-gai Local Centres DCP). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.
Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.
Reason: To protect the environment.
74. Sydney Water Section 73 Compliance Certificate
Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority
Reason: Statutory requirement.
75. Certification of as-constructed driveway/carpark
Prior to issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that:
· the as-constructed car park complies with the approved Construction Certificate plans
· the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 - 2004 “Off-Street car parking" in terms of minimum parking space dimensions
· finished driveway gradients and transitions will not result in the scraping of the underside of cars
· no doors, gates, grilles or other structures have been provided in the access driveways to the basement carpark, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area
· the vehicular headroom requirements of: - Australian Standard 2890.1 - “Off-street car parking”, - 2.6 metres height clearance for waste collection trucks are met from the public street into and within the applicable areas of the basement carpark.
Note: Evidence from a suitably qualified and experienced traffic/civil engineer indicating compliance with the above is to be provided to and approved by the Principal Certifying Authority prior to the issue of an Occupation Certificate.
Reason: To ensure that vehicular access and accommodation areas are compliant with the consent.
76. Reinstatement of redundant crossings and completion of infrastructure works
Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:
· new concrete driveway crossing in accordance with levels and specifications issued by Council · removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials) · full repair and resealing of any road surface damaged during construction · full replacement of damaged sections of grass verge to match existing
This inspection may not be carried out by the Private Certifier because restoration of Council property outside the boundary of the site is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.
All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.
Reason: To protect the streetscape.
77. Fire safety certificate
Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a Fire Safety Certificate for all the essential fire or other safety measures forming part of this consent has been completed and provided to Council.
Note: A copy of the Fire Safety Certificate must be submitted to Council.
Reason: To ensure suitable fire safety measures are in place.
Conditions to be satisfied at all times:
78. Garbage and recycling facilities
All waste and recycling bins associated with the premises are to be stored within the designated internal waste storage area. All commercial waste/recycling material is to be stored separately to residential waste/recycling material.
Reason: To prevent pollution of the environment and to protect the amenity of the area.
79. Food premises
The construction of any food preparation and food storage areas shall be in accordance with the requirements of the Food Act 2003, Food Standards Code 3.2.3 (Food Premises and Equipment) and Australian Standard 4674-2004 (Design Construction and Fit-out of Food Premises).
Reason: To ensure compliance with food standards.
80. Noise
All noise generating equipment associated with the use of the premises including but not limited to air conditioning systems, mechanical exhaust and ventilation systems, security gates and lift motors, must not exceed the background noise level by more than 5 decibels between 7am and 10pm when measured at the boundary of the nearest affected residential premises including both externally to the building as well as residential premises located within the building of 11 - 15 Merriwa Street.
All noise generating equipment associated with the use of the premises, including but not limited to air conditioning systems, mechanical exhaust and ventilation systems, security gates and lift motors, must not be audible at all between 10pm and 7am when measured inside a habitable room of the nearest affected residential premises including residential premises within the building of 11 - 15 Merriwa Street as well as residential premises located externally to the building.
At all times the use of the retail premises for any purpose (including any associated mechanical plant) shall not generate an acoustic impact that does not comply with the above requirement.
Reason: To protect the amenity of residential premises.
81. Toilet facilities
Each retail tenancy is to have use and access to a toilet that is disabled accessible.
Reason: Public health.
82. No door restricting internal waste collection in basement
At all times, the basement garbage storage and collection area is to be accessible by Council’s Waste Collection Services. No doors, grilles, gates or other devices shall be provided in any location which would prevent this service. Where a gate, door or the like is to be erected, unimpeded access to the garbage collection point is to be provided by other means through written agreement with Council’s Waste Collection Services.
Reason: To facilitate access to the garbage collection point.
83. Loading and unloading
At all times, all loading and unloading of service vehicles in connection with the use of the premises shall be carried out wholly within the site.
Reason: To ensure safe traffic movement.
84. Hours of operation
At all times, the hours of operation of the retail tenancies are to be restricted to:
Monday to Friday 8.30am - 6.00pm Saturday 8.30am - 6.00pm Sunday and public holidays 9.00 am - 1.00pm
Reason: To protect the amenity of the area.
For the Resolution: The Mayor, Councillor Szatow, Councillors Citer, McDonald, Pettett, Malicki, Berlioz, Anderson, Fornari-Orsmond and Ossip
Against the Resolution: Councillor Armstrong
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323 |
New Road Dedication and Naming of Road - Gordon
File: S03211 Vide: GB.9
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To seek Council’s approval to dedicate Lot 1 DP518757 and Lot B DP 355865, being 36 McIntyre Street and 41 Dumaresq Street Gordon respectively, as a public road and to formally name the new road.
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(Moved: Councillors Berlioz/Citer)
That Council resolves :
A. To dedicate Lot 1 DP518757 and Lot B DP 355865 (36 McIntyre and 41 Dumaresq Streets) as public road in accordance with section 10 of the Roads Act 1993;
B. That, pursuant to section 162(1) of the Roads Act 1993, the road be named “Beans Farm Road” following formal dedication of the subject Lots as public road;
C. To grant the General Manager and the Mayor delegated authority to transact and execute all documentation including the signing of a survey plan, administration sheets, authorisation and placement of gazettal notices and all formal tasks associated with the dedication and naming of the public road.
CARRIED UNANIMOUSLY |
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324 |
Proposal for a New Clubhouse at Koola Park, East Killara
File: S03076/9 Vide: GB.11
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To seek approval from Council to ask the NSW Crown Lands Division to grant owner’s consent for a Development Application to be submitted by Lindfield Junior Rugby Club for the construction of a new clubhouse at Koola Park, East Killara.
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(Moved: Councillors Berlioz/Anderson)
A. That Council receive and note the report.
B. That Council give in-principle support for the construction of a new clubhouse at Koola Park, East Killara.
C. That Council request the NSW Crown Lands Division to grant owner’s consent for a Development Application to be submitted by Lindfield Junior Rugby Club for the new facility.
CARRIED UNANIMOUSLY |
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325 |
Briefing on the impacts of 10/50 on Ku-ring-gai
File: S10321 Vide: NM.1
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Notice of Motion from Councillor Malicki dated 8 October 2015
I move that the Mayor offer MPs Jonathan O'Dea and Alister Henskens a briefing from our staff on the impacts of 10/50 on Ku-ring-gai.
This briefing should also explain the limited benefit of recent changes and the additional changes to 10/50 needed to protect the natural beauty of our Council area.
It would also be useful to brief the MPs on the pattern of wildfire usual throughout Ku-ring-gai.
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(Moved: Councillors Malicki/Pettett)
That the above Notice of Motion as printed be adopted.
For the Resolution: The Mayor, Councillor Szatow, Councillors Citer, McDonald, Pettett, Malicki, Armstrong, Berlioz, Anderson, Ossip
Against the Resolution: Councillor Fornari-Orsmond
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Standing Orders
were suspended to deal with items
where there are speakers first after a
Motion moved by Councillors McDonald and Berlioz
was CARRIED UNANIMOUSLY
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326 |
Heritage listing - 140 Pentecost Avenue, Turramurra
File: S10066 Vide: GB.10
T El-Hage D Logan G McKee
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To have Council consider 140 Pentecost Avenue, Turramurra as a potential heritage item under the Ku‑ring-gai Local Environmental Plan 2015
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(Moved: Councillors Anderson/McDonald)
A. That Council proceed to prepare a planning proposal to amend KLEP 2015 to include:
· 140 Pentecost Ave, Turramurra including the garden (Lot B, DP 389475) as a potential heritage item, in schedule 5 and on the heritage map.
B. That the Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.
C. That in order to facilitate an expedient gateway determination, the NSW Heritage Office be consulted prior to submitting the Planning Proposal to the Department of Planning and Environment. Should comments not be received within 21 days, the planning proposal is to be submitted regardless.
D. That Council request the plan making delegation under Section 23 of the EP&A Act for this planning proposal.
E. That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements.
F. That a report be brought back to Council at the conclusion of the exhibition period.
For the Resolution: The Mayor, Councillor Szatow, Councillors McDonald, Malicki, Armstrong, Berlioz, Anderson, Fornari-Orsmond
Against the Resolution: Councillors Citer, Pettett and Ossip
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327 |
File: S09638 Vide: GB.12
G Hosier
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To provide Council with IPART’s assessment of its Fit for the Future proposal and update Council on the recently announced process for submitting new merger proposal options to the State Government.
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(Moved: Councillors McDonald/Armstrong)
A. That Council note that IPART assessed Ku-ring-gai Council as meeting all financial benchmarks and was only considered by them to be ‘unfit’ as it did not meet the State Government target for size (known as scale and capacity).
B. That Council note that its reasons for forming the view that the interests of the residents and ratepayers of Ku-ring-gai were best served by remaining stand alone have not changed with the findings of the IPART report.
C. That Council delegate to the General Manager the authority to finalise and submit comments to the State Government on IPART’s findings, consistent with the draft submission provided in Attachment E.
D. That a further report be submitted to Council to determine a final position on mergers, prior to the deadline of 18 November 2015.
E. That further information be obtained regarding the confidential attachment to GB.12 and reported back to Council.
For the Resolution: The Mayor, Councillor Szatow, Councillors McDonald, Pettett, Malicki, Armstrong, Berlioz, Fornari-Orsmond and Ossip
Against the Resolution: Councillors Citer and Anderson
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328 |
Allocation and Use
of Sports Fields and
File: S09042 Vide: NM.2
B Collings D Funk B Williams J Perry
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Notice of Motion from Councillor Malicki dated 19 October 2015
As a Councillor I always like to ensure that I have all relevant information when I am required to make a decision on a matter, especially a decision that is likely to have a serious impact on local residents.
One such decision currently before the council is to night light up to nine netball/dual use courts at the Canoon Road Recreation Area. This will lead to additional traffic, parking and noise issues throughout South Turramurra, potentially up to 7 nights a week including training and tennis use. I consider there is important information Councillors need to make their decision that has so far not been made available to us.
A previous Strategic Plan for Sports Fields and Courts, acknowledging that there were few locations for new sports fields or courts to be constructed in Ku-ring-gai, contained the following Recommendation for more effective use of our Courts and Playing Fields, based on a consultant's study and report:
“Give preference to Ku-ring-gai based clubs with a high proportion of Ku-ring-gai residents when allocating grounds."
Netball is a sport where a high proportion of players are not Ku-ring-gai residents, and in fact two clubs, Berowra and Hornsby Heights, are Hornsby based and most of their players live in Hornsby Shire. In 1999 these two clubs had 561 members, only 11 of whom lived in Ku-ring-gai. They supplied over one sixth of the number of participants at Canoon Road every Saturday, which equates to the use of around 3 or 4 courts.
In fact, a third of players using Canoon Road Recreation Area in 1999- 1,065 out of 3,150 players - did not live in Ku-ring-gai, with 8 out of 20 of the clubs having fewer than half their members living in Ku-ring-gai.
Obviously Councillors need updated numbers of netball players from each of the clubs with their post codes to allow us to evaluate how many KNA players live in Ku-ring-gai, and how many come from other Council areas, particularly from Berowra and Hornsby Heights Netball Clubs. According to the "Sport in Ku-ring-gai Strategy" Action Plan 1.1 this is supposed to occur annually for all sports.
Therefore I move:
That Council obtain the numbers of netball players in each of the clubs which use the Canoon Road Netball Complex, and the numbers of players in each club who are not Ku-ring-gai residents, prior to any report on the matter coming back to Council for a decision which will impact on local residents.
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(Moved: Councillors Malicki/Pettett)
That the above Notice of Motion as printed be adopted.
For the Resolution: Councillors McDonald, Pettett, Malicki and Berlioz
Against the Resolution: The Mayor, Councillor Szatow, Councillors Citer, Armstrong, Anderson, Fornari-Orsmond and Ossip
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
Councillor McDonald moved a Procedural Motion asking the Mayor to seek a vote on the matter as there had been 2 speakers For and 2 Against.
For the Motion: The Mayor, Councillor Szatow, Councillors McDonald, Pettett, Malicki, Armstrong, Berlioz, Anderson, Fornari-Orsmond and Ossip
Against the Resolution: Councillor Citer
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329 |
Ku-ring-gai Amateur Swimming Club Inc - Extension of Licence to Occupy Club Room - Ku-ring-gai Fitness & Aquatic Centre
File: S10142 Vide: GB.2
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For Council to consider granting an extension of the current licence agreement for a 12 month period, to the Ku-ring-gai Amateur Swimming Club Inc., to occupy club room premises at the Ku-ring-gai Fitness and Aquatic Centre at Bicentennial Park West Pymble.
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(Moved: Councillors Anderson/Armstrong)
A. That Council grant an extension deed for the licence agreement to Ku-ring-gai Amateur Swimming Club Inc. for club room premises at the Ku-ring-gai Fitness and Aquatic Centre, for a 12 month period, expiring 20 October 2016.
B. That licence fees be waived during the term of the extended licence period.
C. That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.
D. That Council authorise the affixing of the Common Seal of Council to the documentation.
CARRIED UNANIMOUSLY |
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330 |
Pedestrian Access and Mobility Plan
File: S09064 Vide: GB.7
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To have Council consider the draft Ku-ring-gai Pedestrian Access and Mobility Plan for formal public exhibition.
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(Moved: Councillors Anderson/McDonald)
That the draft Ku-ring-gai Pedestrian Access and Mobility Plan be placed on formal public exhibition for a minimum of 28 days and a report be brought back to Council at the conclusion of the exhibition period.
For the Resolution: The Mayor, Councillor Szatow, Councillors Citer, McDonald, Pettett, Malicki, Armstrong, Anderson, Fornari-Orsmond
Against the Resolution: Councillors Berlioz and Ossip
The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was:
(Moved: Councillors Berlioz/Ossip)
That the matter be deferred for a Council briefing.
For the Original Motion: Councillors Berlioz, Ossip, Citer, Malicki
Against the Original Motion The Mayor, Councillor Szatow, Councillors, Fornari-Orsmond, McDonald, Anderson, Armstrong, Pettett
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331 |
Rosedale Road Steering Committee
File: S06482 Vide: GB.8
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For Council to make appointments to an external Rosedale Road Steering Committee for the 2015/2016 term.
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(Moved: Councillors Ossip/Malicki)
A. That Council appoints :Councillor Berlioz as a representative to the Rosedale Road Steering Committee.
(Moved: Councillor s Malicki/Berlioz)
B. That Council appoints :Councillor Ossip as a representative to the Rosedale Road Steering Committee.
C. That the Rosedale Road Steering Committee be informed of Council’s nominated representatives. CARRIED UNANIMOUSLY |
Motions of which due Notice has been given
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332 |
File: S02119 Vide: NM.3
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Notice of Motion from Councillors McDonald and Anderson dated 19 October 2015
Currently there is significant reform taking place at both the State Government and Commonwealth Government level in terms of social policy and approaches to addressing emerging community issues. This is occurring in the areas of aged and disability services, domestic violence, homelessness and supported transitional accommodation, social isolation, mental health, community relations, settlement services and child protection, just to name a few. Increasingly social and community planning is occurring on a large geographical basis i.e. regional, metropolitan or state wide basis.
It will be important for local communities to have their voices heard. A focus on broad based needs indicators and planning, centred on deficits can be enhanced with a focus on the strengths of a particular community or area, in addition to well-identified local needs. What we are proposing is to establish a forum where local community groups, residents and Council can come together to discuss social issues and work out local solutions that are appropriate to Ku-ring-gai and that promote resilience. The aims of such a forum could include:
· Early identification of emerging social issues and trends · Development of responses to social problems that empower the community and foster local ownership · Encourage collective action across the community and multi-faceted approaches to resolve complex social problems · Mobilisation of skills knowledge and resources around specific issues or projects identified by the community · Facilitate enhanced coordination and communication between Council, local groups and the general community
Importantly the community input, information and data generated by this Forum can be used to inform Council’s Community Strategic Plan and new Delivery Plan identify gaps in service delivery and to advocate for additional resources into the area.
Recommendations
· That Council establish a Community Services Forum to discuss social issues and programs relevant to the Ku-ring-gai area. · That the participants of the Forum comprise of Councillors and Council staff and, key community groups and organisations operating in the area, and that the Forum is open to the general public. · That the Forum is a one-off event and matters arising from the Forum can be further explored and used to inform the Community Strategic Plan as appropriate. · That Council officers, coordinate and present the Forum. · That the Forum cover areas such as but not limited to: - Children - Young people - Older people - People with a disability - Health/ welfare - Housing/homelessness - People from culturally and linguistically diverse backgrounds - Social and community plans - Leisure and recreational services and facilities - Arts/cultural
· That Council update the Ku-ring-gai Community Plan and undertake a gap analysis to identify emerging community needs to inform the next review of the Community Strategic Plan and new Delivery Plan 2017-2021.
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(Moved: Councillors McDonald/Fornari-Orsmond)
That the above Notice of Motion as printed be adopted.
CARRIED UNANIMOUSLY |
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333 |
Permanent Box Trailers Covered in Advertising Parked on Local Roads
File: S04442 Vide: QN.1
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Question Without Notice from Councillor D Citer
I’ve had a resident indicate concern about permanently box trailers that are covered in advertising. He has indicated that there are a number of box trailers that are parked in Killeaton Street, Burns Road and Mona Vale Road, causing traffic problems and obstacles for bicycle riders mainly because they are parked on the road verges.
Is it possible for Council staff/rangers to investigate some of these box trailers and can we actually take any action?
Answered by Director Development & Regulation
The Director Development & Regulation advised that at the present time if those trailers are parked legally there is not a lot that council can do and that has been an ongoing problem. However, that is set to potentially change with some changes to the relevant legislation in partnership also with the new provisions of Council’s LEP, but at the present stage stated that if there are instances that are referred to the Councillors please refer them to Director andhe will ensure that the rangers investigate them and take the appropriate action where possible.
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334 |
File: S04668 Vide: QN.2
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Question Without Notice from Councillor D Citer
Many residents of East Killara have been ringing me and writing to me indicating that the rabbit plague has unfortunately returned to areas of East Killara – especially around the Saiala Oval area and the surrounding parts of East Killara.
Has there been a recent assessment of the numbers of rabbits in the East Killara area?
Are there any possible remedies for the rabbit problem?
Answered by Director Operations
The Director Operations advised he will provide a memorandum to councillors giving an indication of what programmes council is undertaking.
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335 |
Bicentennial Park Looking Shabby and Neglected
File: S02243/7 Vide: QN.3
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Question Without Notice from Councillor E Malicki
While walking around the Bicentennial Park recently I found it appears to be very shabby and neglected. There are massive infestations of the weed trad (tradescantia fluminensis) and there was a fair amount of graffiti.
Can we bring the Bicentennial Park to a state that is acceptable please, and if there is not sufficient funding can this be reviewed please?
Answered by Director Operations
The Director Operations advised he would take the question on notice and provide a memorandum about what Council can do about it.
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336 |
Membership Details of All Clubs Playing at Canoon Road Netball Complex
File: S09042 Vide: QN.4
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Question Without Notice from Councillor E Malicki
Can Comenarra Ward Councillors be given membership details of all clubs playing at Canoon Road Netball Complex? Namely the numbers per club with postcodes?
I note the Secretary of the KNA clearly stated she had supplied such figures to Council.
Answered by General Manager
The General Manager advised, as indicated during the debate, if he can locate those records within Council’s system he will be more than happy to provide that information.
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337 |
In Relation to NM.2 Allocation and Use of Sportsfields and Courts in Ku-ring-gai seeks clarification
File: S09042 Vide: QN.5
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Question Without Notice from Councillor C Fornari-Orsmond
I would like to seek clarification, in Cr Malicki’s sum ups she was saying that they had provided the information to staff, however, my understanding was the netball association has the information but staff haven’t requested nor have the data.
Answered by Director Strategy & Environment
The Director Strategy & Environment advised that Council staff have not sought the information and to my knowledge we don’t have it, but as the General Manager has made it clear if we do have it we will try and find it, but we have not asked for it.
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338 |
File: S02759 Vide: QN.6
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Question Without Notice from Councillor J Anderson
The presentation this week in the Gordon Library hosted by Lifeline psychologists on Hoarding Disorder. The meeting room was full of desperate people in need of help. Lifeline said they already have a waiting list and no funding to run the clinical course with psychologists. I understand in the past some financial support has been provided by Council and indeed the original course was set up after a suicide was reported in Willoughby Council area following a request to clean-up hoarding in a person’s home.
Can I ask our staff if there is any Council funding support available or sources for such to run these courses?
Answered by Director Community
The Director Community advised that she would check tomorrow (Wednesday) however, our financial assistance programme applications have closed. Director stated that she believes Lifeline regularly apply for funding so will can check to see if they actually have applied for funding, and if that is the case the recommendations will be coming to Council soon.
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339 |
Update on Leasing Levels at 828 Pacifc Highway Gordon
File: S09582/2 Vide: QN.7
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Question Without Notice from Councillor D Armstrong
Can Council staff provide an update on the leasing levels of the building at 828 Pacific Highway?
Answered by Director Strategy & Environment
The Director Strategy & Environment advised he would take the question on notice.
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340 |
Review of Recording for Exact Wording Used by KNA Secretary During Debate
File: S09042 Vide: QN.8
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Question Without Notice from Councillor J Pettett.
Can staff review tonight’s tape to get the exact wording used by KNA Secretary about the player numbers provided to Council?
Answered by General Manager
The General Manager advised that staff will provide a transcript of that section of the debate.
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The Meeting closed at 9.41pm
The Minutes of the Ordinary Meeting of Council held on 27 October 2015 (Pages 1 - 105) were confirmed as a full and accurate record of proceedings on 10 November 2015.
__________________________ __________________________
General Manager Mayor / Chairperson
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Ordinary Meeting of Council - 10 November 2015 |
PT.1 / 100 |
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Item PT.1 |
S02972 |
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29 October 2015 |
Petition
Renaming
of Orana Reserve to Reichard Reserve
(Twenty Seven [27] Signatures)
“We, the undersigned, petition the Mayor and Councillors of Ku-ring-gai Council to support the renaming of Orana Reserve to Reichard Reserve for the reasons outlined below:
Albert and Mabel Reichard lived on the property ‘Lanosa’ now at 62-64 Mona Vale Road Pymble from 1919 to 1940, and subdivided this larger property (including the residential sites on Orana Avenue and Kywong Avenue) into a residential subdivision including a reserve, which was gifted back to Ku-ring-gai Council and is now known as Orana Reserve.
In February 2015 ‘Lanosa’ (the original residence) was accepted by Council as an item on the Local Heritage List and as such is a significant building. The building was built in 1897 by Charles Martin Buck, a significant member of the local community, and at the time consisted of the land now bounded by Church Street, Mona Vale Road, (as it is now) and Orana Avenue (and now includes Kywong Avenue).The land originally a rural landholding was a significant parcel of land.
The purpose of this petition is to rename Orana Reserve to Reichard Reserve in recognition of the Reichard family’s gift of the land back to Ku-ring-gai Council in preserving an area of great natural beauty, together with the fauna and flora in this rather unique pocket of bushland in this suburban environment, as well as commemorating the contribution of the Reichard family in the development of the early community in this area of Pymble.”
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That the petition be received and referred to the appropriate Officer of Council for attention.
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Ordinary Meeting of Council - 10 November 2015 |
GB.1 / 101 |
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Item GB.1 |
S07521 |
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9 August 2015 |
Roseville P & C Kids Care Association Inc - 4-12 Babbage Road Roseville - Renewal of Licence
EXECUTIVE SUMMARY
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purpose of report: |
For Council to consider granting a 5 year licence agreement with further 5 year option, to renew Roseville P & C Kids Care Association Inc, for premises located at 4-12 Babbage Road, Roseville. |
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background: |
Roseville P & C Kids Care Association Inc (RKC) has operated a before and after school care service as well as a vacation care service since 1989. RKC has operated the service under successive term licence agreements with Ku-ring-gai Council. |
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comments: |
RKC is a non-profit community group offering child care services to the local Roseville community. RKC has complied with the terms and conditions of the previous licence. RKC has requested a renewal of their licence with Council for a further term. |
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recommendation: |
That Council grant a new 5 year lease to RKC from 1 November 2015 to 31 October 2020, together with an option for a further 5 year term. |
Purpose of Report
For Council to consider granting a 5 year licence agreement with further 5 year option, to renew Roseville P & C Kids Care Association Inc, for premises located at 4-12 Babbage Road, Roseville.
Background
The premises are located at 4-12 Babbage Road, Roseville, situated within the Roseville Chase Memorial Community Centre Hall. (Attachment A1).
RKC occupies a portion of the memorial hall building, the remainder of the building is occupied by 2 other community organisations – the Cavalcade of History and Fashion and KU Children’s Services. (Attachment A2).
RKC has operated a before and after school care service as well as a vacation care service since 1989 and has operated the service under successive term licence agreements with Ku-ring-gai Council. The RKC rooms comprise of a large open space room with kitchen space, office and toilet. RKC is also permitted shared access for storage of equipment in Council’s chair and table storage room.
In 2013 Council carried out internal alterations to the Community Centre Hall to create additional storage areas for all 3 occupying groups, including RKC. This shared storage room replaced a former stage area that was used for storage.
Comments
RKC has a strong established connection with Roseville Public School and the Roseville community. RKC is a non-profit community group offering child care services to the local Roseville community.
The organisation has complied with the terms and conditions of the previous licence. RKC has requested a renewal of their licence with Council for a further term. Council officers have been in communication with RKC during 2014-2015 with RKC keen to have certainty in its operations to enable it to offer ongoing children’s services for the next 5-10 years.
RKC is operated by a parent Board of Management and has fulfilled its responsibilities as a reliable tenant over several decades of occupation at Roseville. The current lease agreement has expired and is currently holding over on a month to month basis.
Hours of Operation
Before School Care: 7:00am – 9:00am
After School Care: 3:10pm – 6:00pm
Vacation Care: 7:00am – 6:00pm (School Holidays)
In addition to the exclusive areas occupied, RKC has non-exclusive access to the main community centre hall and outside playground areas during the school term occupation times. During the school holidays, the main hall is occupied by RKC for a vacation care program. This program is not part of the licence agreement, and is booked separately in advance via Council’s booking system, with additional hire fees in accordance with Council’s Fees and Charges.
Internal Refurbishment
As RKC has committed to contributing funds towards the new renovations to the premises, they have requested that Council give favourable consideration to a new licence agreement that has an option period for renewal to enable amortisation of the RKC costs in upgrading the facility. As owner of the building the upgrading of the facilities would normally be Council’s responsibility to implement and fund.
RKC have recently completed upgrading the RKC centre. The upgrade included a new kitchen and office facilities, together with new flooring. This upgrade has provided considerable savings to Council in the upgrade the facility over the next 10 years.
Re-roofing Works of RKC Facility
Council will be undertaking works to re-roof the RKC building over the next 6-12 months. During the duration of these works, RKC will not be permitted to use the licensed area for safety reasons.
integrated planning and reporting
RKC provides child care services that are encompassed under Councils Delivery Operational Plan 2013/17, primarily under the theme Community People and Culture.
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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C1.1 An equitable and inclusive community that cares and provides for its members.
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C1.1.1 Council’s policies, programs and advocacy address the social and health needs of all age groups, reduce disadvantage and address gaps in service provision.
C1.1.2 Access has increased for communities that face barriers to using social services and facilities. |
Deliver quality children services to meet the needs of local families, including immunisation, vacation care, long day care and family day care.
Develop and implement programs that respond to community needs and address a range of accessibility issues and alleviates social isolation.
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Governance Matters
Council is the owner of Part Lots 19, 20 & 21 DP9852, Lot 23 DP 7517 and Lot 24 DP1079890. It is zoned R2 Low Density Residential and classified as Community Land. The Planning Instrument is Ku-ring-gai Local Environmental Plan 2015.
The facility is covered under the Community Halls and Meeting Rooms Plan of Management (adopted 25 June 2013). Under the Plan, Council is permitted by resolution to enter into lease and licence agreements with relevant authorities, organisations, individuals or companies.
As per section 47 of the NSW Local Government Act, 28 days public notification of the proposed licence is required. The current and proposed licence also complies with Council’s Policy for Management of Community and Recreation Land and Facilities.
Risk Management
RKC will continue to indemnify Council by undertaking contents insurance as well as $20 million Public Liability Insurance. Evidence of currency is to be supplied annually to Council.
RKC has a record over the last 26 years during its occupation and meeting its full responsibilities as a reliable licensee, having consistently complied with the conditions of previous and existing licensing arrangements. RKC ensures compliance that the service meets the National Standards for Out of School Care.
Financial Considerations
The current rent payable by RKC is $2,096pa (incl GST). This includes a 90% rental rebate. RKC has agreed to pay an increased rental for the first year of the term after rebate of $3,014pa (incl GST) with successive 5% yearly increases over the term of the new licence period. RKC has agreed to the new licence fees and term under a Heads of Agreement. (See Attachment A3).
The projected licence fees over the 5 year period are:
$3,014 – Year 1
$3,164 – Year 2
$3,323 – Year 3
$3,489 – Year 4
$3,663 – Year 5
In accordance with Council’s Policy for Management of Community and Recreation Land and Facilities (the Policy), RKC is obliged to pay Council’s legal costs and the one off $550 administration fee to Council for administrative costs incurred associated with the preparation of the licence.
In addition to the new licence fees, RKC has recently upgraded the facility partially through its own funds and partially through a community partnership grant from the NSW Government. The upgrade works included the construction of a new kitchen, office and installation of new flooring for the main room of the centre. The works totalled over $50,000.
Social Considerations
RKC has operated a before and after school care service as well as a vacation care service for 26 years and has a strong established relationship with the Roseville community.
The service RKC provides childcare for children in the Roseville area, with children from Roseville Public School being the main attendees.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
No consultation is required for the process prior to Council resolution. Once Council resolves to grant the proposed licence, 28 days public notification of Council’s intention to grant the lease of the premises will occur, in accordance with s 47 (1) a of the Local Government Act 1993.
Internal Consultation
Consultation has taken place between Council’s Community, Strategy and Environment and Operations departments.
Summary
Roseville P & C Kids Care Association Inc (RKC) has been operating as a community based non-profit before and after school care/vacation care service for 26 years within Ku-ring-gai LGA.
RKC is operated by a parent Board of Management and has fulfilled its responsibilities as a reliable tenant over several decades of occupation at Roseville. RKC has requested a new 5 year licence with a further 5 year further option to amortise its costs in the recent extensive upgrade of the Centre.
The RKC facility plays a crucial role in providing a before and after school care/vacation care service for working parents in the Roseville area. The renewal of this licence for the next 5-10 years will ensure that the service will continue to maintain its important child care services at Roseville in the medium term future.
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A. That Council approve the granting of a 5 year licence agreement with further 5 year option to Roseville P & C Kids Care Association Inc (RKC, for premises located at 4-12 Babbage Road, Roseville.
B. That the licence commence from 1 November 2015 and expire on 31 October 2020.
C. That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.
D. That Council authorise the affixing of the Common Seal of Council to the Licence. |
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Michael New Property Officer Recreational Facilties |
Mark Taylor Manager Community & Recreation Services |
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Janice Bevan Director Community |
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A1View |
Aerial Map - Roseville Community Hall |
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2015/220741 |
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A2View |
Kids Care Licensed Area - Plan |
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2015/220732 |
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A3View |
Signed Returned Heads of Agreement - Roseville Kids Care |
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2015/269987 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.2 / 112 |
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Item GB.2 |
S10577 |
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18 August 2015 |
Marian Street Theatre - Community Engagement Outcomes
EXECUTIVE SUMMARY
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purpose of report: |
To report to Council the outcomes of the community engagement program undertaken for the Marian Street Theatre. |
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background: |
In October 2014 Council resolved to engage an independent consultant to determine community priorities for the Marian Street Theatre, the Marian Street Theatre for Young People, and live theatre in Ku-ring-gai. |
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comments: |
The outcomes from the community engagement program demonstrated that the Ku-ring-gai community places high importance on live theatre, with most people attending such performances at least once or twice a year. Additionally the engagement found that Ku-ring-gai residents identify art and culture as important elements for the community, with strong support for live performance within Ku-ring-gai. Most people surveyed were aware of the Marian Street Theatre and have attended performances there, they also stated that they would attend live performances within the Ku-ring-gai LGA, should opportunities to do so be available. |
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recommendation: |
That the outcomes from the community engagement program be received and noted by Council, and that the report is made available on Council’s website. It is also recommended that the results of the community engagement be used to inform any future master planning for cultural facilities, including live theatre, in Ku-ring-gai. |
Purpose of Report
To report to Council the outcomes of the community engagement program undertaken for the Marian Street Theatre.
Background
The Marian Street Theatre (MST) was constructed in 1906 as a community hall and in 1965 was converted into a 280 seat theatre. The theatre was home to the Marian Street Theatre Ltd (also known as the Northside Theatre Company) from 1965 to 2001. Marian Street Theatre for Young People (MSTYP) was established in 1974 and has been the sole occupier of the MST since 2001. The theatre was closed in late 2013 due to safety concerns.
Council recognised the Marian Street Theatre as an important community asset, and wanted to work with the community in determining the future of live theatre in Ku-ring-gai. Council also wanted to take into consideration the future of the Marian Street Theatre for Young People.
At its meeting of the 28 October 2014, Council resolved in part:
That, taking into consideration the future of the MST and the MSTYP, Council engage an independent consultant to determine community priorities for a theatre in Ku-ring-gai and the results of the community consultation be reported to Council.
The community engagement consultancy, Straight Talk, was commissioned to design, implement and report on a comprehensive community engagement program. This report provides details of that program, its objectives and its outcomes. Communications and engagement for the Marian Street Theatre commenced in March 2015 and concluded in June 2015. See Straight Talk Report (Attachment A1)
Comments
Objectives of the Communications and Engagement Strategy undertaken by Straight Talk
The objectives of the communication and engagement with residents and stakeholders were set as follows:
· Educate key stakeholders, residents and the community about the background to the consultation and the project
· Encourage and motivate the participation of the broader community including key stakeholders, interested community members and unengaged members of the community
· Understand the priorities for Ku-ring-gai residents, with a focus on priorities for live theatre
· Identify opportunities for Marian Street Theatre (the Theatre) and live theatre in Ku-ring-gai.
Specifically the engagement aimed to:
· Understand awareness, previous use of and community connection to the Theatre
· Understand demand and usage patterns for live theatre by Ku-ring-gai residents
· Explore options for the future use of the Theatre site
· Explore priorities for live theatre options for Ku-ring-gai more broadly.
It is important to note when reporting on the output of the engagement that the consultant’s aim was to provide Council and the community with a balanced report on the views of the community as a whole. To provide a clear outcome for the project, stakeholders and community members were asked via the various methods of community consultation to indicate their preferred options for the future of Marian Street Theatre, from the following:
· Refurbish Theatre (at a cost of $4.1 million)
· Part Refurbish (at a cost of $2.9 million)
· New purpose-built venue
· No live theatre venue.
These options are referred to in this report.
Underpinning the engagement strategy with best practice principles
The engagement approach was robust and transparent. It ensured all community stakeholders had an opportunity for comment and input. Our approach was underpinned by two key principles:
1. NSW Social Justice Principles
2. International Association of Public Participation (IAP2) spectrum
The NSW Social Justice Principles of inclusion and democratic representation are:
· Equity – There is fairness in decision making and prioritising and allocation of resources.
· Access – All people have fair access to services, resources and opportunities to meet their basic needs and improve their quality of life.
· Participation – Everyone has the maximum opportunity to genuinely participate in decisions which affect their lives.
· Rights – Everyone’s rights are recognised and promoted.
The International Association of Public Participation (IAP2) spectrum illustrates:
· Inform- We will keep you informed.
· Consult- We will keep you informed, listen to and acknowledge concerns and provide feedback on how public input influenced the decision.
· Involve - We will work with you to ensure that your concerns and aspirations are directly reflected in the alternatives developed and provide feedback on how public input influenced the decision.
· Collaborate - We will look to you for direct advice and innovation in formulating solutions and incorporate your advice and recommendations into the decisions to the maximum extent possible.
Engagement for the future of Marian Street Theatre and live theatre in Ku-ring-gai was designed to capture the opinions of two main groups:
· Interested stakeholders - those who have or have had direct involvement with the facility (e.g. theatre user groups, previous users, neighbours etc.),
· Broader community – those who may have no connection with the theatre
Hearing from both these groups helped to ensure Council fully understands the community need for live performance space in Ku-ring-gai, and at the Marian Street Theatre in particular. To achieve this, a range of communication and engagement tools and methods were employed.
Communications methods included:
· Article in the Ku-ring-gai Council e-news (with approx. 7,000 subscribers)
· 2 Marian Street Theatre and Live Theatre in Ku-ring-gai E-newsletter (with 136 subscribers)
· Use of Social Media (Facebook and Twitter)
· Ongoing use of dedicated project page on Council’s website
· Advertisements in Council’s Corporate advertisement in the North Shore Times (3 in total over the entire consultation program)
· One media release
Engagement methods included:
· ‘Haveyoursaykuringai’ page – during the consultation phase the project page received 847 visits with peak daily traffic of 73 visits. March was the busiest month with 1272 page views and 437 visitors.
· Online survey (hosted on the ‘Haveyoursaykuringai’ page) - 8 March to 24 April 2015 - 32 participants.
· Random telephone survey (demographically representative - undertaken by independent market research consultancy) March 2015 - 403 participants. The representative survey covered a number of topics as it sought to understand community opinion on leisure activities in Ku-ring-gai including Marian St Theatre and Gordon Golf Course.
· Face to face stakeholder meetings
o Marian Street Theatre for Young People Director and Business Manager (18 March)
o Marian Street Theatre for Young People Board Meeting (30 April)
· Opt in stakeholder workshop - took place on 13 May with 29 people attending. The opt-in workshop was self-selected and therefore not necessarily a representative sample of the Ku-ring-gai community, but indicative of the opinion of community members who are engaged on these issues.
· Randomly recruited community workshop -29 attendees selected during the random telephone survey by market research consultancy.
· Online discussion forums - via the ‘haveyoursaykuringgai’ site were held focussing on the following themes:
o What cultural facilities are important to you and why?
o What would be the benefits of refurbishing the Marian Street Theatre?
o What would be the benefits of a new, purpose-built facility to replace Marian Street Theatre?
o Do you have any preferences in terms of how Council funds the refurbishment/new venue? What factors should Council consider?
Key Engagement Outcomes
Feedback received from all of the groups both opt-in and recruited indicated that:
· The Ku-ring-gai community places high importance on live theatre performance, and access it regularly. For example, the random representative telephone survey indicated that 62% of the community had attended a live theatre production in the previous 6 months increasing to 85% attendance in past 3 years.
· Most people attend live performances at least once or twice a year and most people identify art and culture as important elements for a community.
· There is strong support for live performance in Ku-ring-gai.
· Most people are aware of Marian Street Theatre and have attended a performance there.
· Most people believe they would attend live performances in the LGA should they be available.
With regards to the future of Marian Street Theatre:
· Both the refurbishment options were supported.
· There was support for a new purpose built venue dependant on cost and location.
· Motivations behind specific options differed across stakeholder groups:
o Stakeholders and interested community members favoured refurbishment as it was more likely to happen and more quickly that than a purpose built venue
o The general community indicated that cost was a major factor and were more likely to identify other venues (such as the Concourse at Chatswood) as available and viable options
o While a permanent home for MSTYP was not the major factor for the general community, it was identified that any option that did not address their needs was regrettable. ‘It would be a shame to lose MSTYP’.
Key Findings from each consultation method
Random/Recruited Engagement
Community members without a specific stake or interest in the theatre – randon recruitment was undertaken to ensure participants reflected the demographic profile of Ku-ring-gai
Telephone Survey
(403 participants – survey conducted by independent market research company – representative sample of Ku-ring-gai demographics)
Connection with Marian Street Theatre
· 94 % of respondents had heard of the Marian Street Theatre.
· 74% had attended a performance at Marian Street Theatre.
· 13% of respondents had been involved with Marian Street Theatre, either directly themselves or a member of their family.
Consumption of Live Theatre performance
· 85% of respondents had been to a live theatre production within the previous 3 years, including 62% who had been within the last 6 months.
· 25% attend live performances doing so inside Ku-ring-gai. The rest travel elsewhere
· Musicals (66.0%) were the most popular performances, followed by plays (37.6%) and dance performances (18.4%).
Future of Marian Street Theatre
· 85% were in favour of the theatre's refurbishment
· 56% in favour of the more expensive $4.1 million option
· 15% were not in favour of either of the refurbishment options presented
Recruited workshop
(29 people recruited and attended workshop)
The workshop was structured to encourage discussion and gather qualitative feedback.
Participants described the value of live theatre and performance in the LGA. The following 4 themes indicate where the participants believe live theatre adds value:
· Helps personal, creative and skills development (13)
· Create a sense of community / provides a community focal point (8)
· Allows people to perform locally and watch locally (6)
· Provides an opportunity or younger people in the LGA to experience live theatre (6)
Recruited workshop participants discussed the each redevelopment option. Responses have been sorted into positive and negative themes for each option below:
$2.9 million refurbishment option
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Positive |
Negative |
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Gets Marian Street Theatre started up quickly |
Doesn’t provide value for money |
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Maintains the history of the building |
Doesn’t provide the necessary facilities |
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Provides options for young people |
There isn't the demand |
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The most cost effective option |
Reinvest in a new facility |
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Should be in an alternative location |
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Prefer the full renovation. |
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Need to balance wider community benefits |
$4.1 million refurbishment option
|
Positive |
Negative |
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Better facility |
Waste of money |
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Faster timeframe |
Bad location |
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Will attract theatre groups |
Still not big enough |
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Cheaper than going to Chatswood (Zenith) for locals |
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Stakeholders and interested community members
These are groups that have specific interests in the Marian Street Theatre, and took steps to be actively involved to have a say about the future of facility.
Stakeholder Meetings
(2 meetings held with MSTYP)
· Marian Street Theatre for Young People has a strong connection to Marian Street Theatre, given it was home to the organisation for many years.
· MSTYP was concerned about awareness of their activities as there is a perception in the community that the organisation ceased operating when the theatre was closed. This has been reflected by reduced enrolment numbers and a $25,000 reduction in revenue since the theatre’s closure.
· Meeting with MSTYP also revealed that while MSTYP thinks that while Council values the asset, Council staff do not understand the needs and requirements of a small theatre.
· MSTYP asserted that current access to performance spaces is insufficient to meet their needs and that they require permanent residency at a venue. Enrolments have fallen and this, together with uncertainty about the future of both the theatre and MSTYP, is exacerbating the financial stress the organisation is under.
· MSTYP agrees that the theatre needs an upgrade but is not convinced it needs refurbishing to the level Council suggests is necessary.
· Outcomes from the stakeholder meetings indicate that if a new venue is built, MSTYP would like it to have two storeys, with MSTYP residency on second storey and a performance space (that could be hired to other groups) on the ground floor. The design of the performance space should include a dressing room, wings, holding areas, loading dock and rehearsal space.
· Ideally, the location of a new venue should consider the benefits of the existing theatre’s location
Online Survey
(Completed by 32 people in March/April)
Connection with Marian Street Theatre
· Respondents had a high level of awareness of, and previous use of, Marian Street Theatre.
· All respondents had heard of the Marian Street Theatre.
· 87% had attended a performance at the Marian Street Theatre. (It is important to note that the survey did not differentiate between the Northside Theatre and MSTYP)
· 34% of respondents had been involved in MSTYP (or had a family member who had been involved).
Consumption of Live Theatre performance
· 97% of respondents to the online survey had attended a live theatre performance in the last six months, and most stated that if it was available they would attend live theatre in Ku-ring-gai every few months or more often
· 81.3% of respondents having seen a play in the past 6 months. Musicals and comedy performances were the next most popular types of performance, followed closely by dance.
· 94% were interested in seeing live theatre in their area
Opt-in workshop
(29 attendees held on 13 May)
Participants described the value of live theatre and performance in the local government area. The following 4 themes indicate where they believe live theatre adds value:
· Allows people to perform locally and watch locally and creates local interest in the arts (19)
· Helps personal, creative and skills development (17)
· Create a sense of community/provides a community focal point (17)
· Provides an opportunity or younger people in the LGA to experience live theatre (14)
Development options
Opt-in workshop participants discussed the each option. Responses have been sorted into positive and negative themes for each option.
$2.9 million refurbishment option
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Positive |
Negative |
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Marian Street Theatre opens quickly and allows for further work later |
Uncertainty for groups about hours and accessibility under council management |
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Provides a safe and accessible venue |
Concern about MSTYP losing its resident company |
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Maintains appropriate size and function |
Disruptive for community groups |
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A viable option |
Unaffordable renting fees |
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Maintains the history of the building |
Doesn’t provide the necessary facilities |
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A base for a cultural hub |
Should be in an alternative location |
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Could be used for multiple groups |
Isn't quick enough |
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Could be used for young people’s theatre |
The costing is inaccurate. |
$4.1 million refurbishment option
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Positive |
Negative |
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Provides a higher quality venue |
Not financially sustainable |
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There are efficiency returns from achieving a certain scale |
Delays have a cost |
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A venue that is built to last |
A big upfront cost |
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Would disrupt the surrounding area |
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Concern about MSTYP |
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Restaurant at lower level 2 takes away rehearsal space |
|
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No added benefits compared to $2.9 million refurbishment option |
Purpose-build performance space
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Positive |
Negative |
|
A venue for diverse groups |
No concrete plan |
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A better location |
Timing |
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A better facility |
Cost |
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Best of both worlds, refurbish Marian Street and build a new performance space |
What about community theatre groups? |
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A modern, flexible facility |
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Conclusion
It is clear that a high percentage of the community are strong supporters of live theatre and frequent theatre goers, and would patronise live theatre in Ku-ring-gai. It is recommended that the outcomes of this report should be used to inform the master planning of any future cultural facilities, including live theatre, in Ku-ring-gai.
Key findings are:
· The Ku-ring-gai community places high importance on live theatre performance and access it regularly. For example, the random representative telephone survey indicated that 62% of the community had attended a live theatre production in the previous 6 months increasing to 85% attendance in past 3 years.
· Most people attend live performances at least once or twice a year and most people identify art and culture as important elements for a community
· There is strong support for live performance in Ku-ring-gai
· Most people are aware of Marian Street Theatre and have attended a performance there
· Most people believe they would attend live performances in the LGA should they be available
integrated planning and reporting
Leadership
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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L4.1 The community is informed and engaged in decision-making processes for community outcomes
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Community engagement utilises effective and varied communication channels to reach all sections of the community.
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Revise Engagement Policy and ensure promotion and education throughout the organisation.
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Contribute to enhancing and protecting Council’s reputation and public image |
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Governance Matters
The development and subsequent delivery of the communications and engagement strategy adheres to the guidelines and principles of Ku-ring-gai Council’s Consultation Policy, the International Association of Public Participation (IAP2) and NSW Social Justice Principles.
Risk Management
The Marian Street Theatre is currently closed following a comprehensive building audit that identified a number of safety concerns for the MSTYP and their audiences.
Financial Considerations
Refurbishment of Marian Street Theatre will cost at least $2.9 million. There is no provision in Council’s Long Term Financial Budget for resourcing the refurbishment of the MST.
Social Considerations
Live theatre plays a vital role in the social and cultural life of the residents of Ku-ring-gai. This has been clearly demonstrated through the outcomes of the community engagement undertaken by Straight Talk with 62% of the community attending live theatre within in a 6 month period, and 85% attending over 3 years.
Most people surveyed attend live performances at least once or twice a year and identify art and culture as important elements for a community. There is strong support for live performance in Ku-ring-gai and residents believe they would attend live performances in the LGA regularly should they be available.
Environmental Considerations
There are no environmental considerations associated with the communications and engagement program.
Community Consultation
An extensive, multi-channel communications and engagement program was implemented to inform residents and stakeholders about the Marian Street Theatre and live theatre in Ku-ring-gai.
A multi-model engagement process was conducted consulting with a range of stakeholders incorporating the following engagement activities:
· 2 workshops -1 opt in and 1 randomly recruited
· 400 randomly selected telephone survey of Ku-ring-gai residents
· Have your say survey on Council’s website
· Meetings with MSTYP and Board
Internal Consultation
Consultation has been undertaken with Strategy and Environment and Development and Regulation departments within council.
Summary
The Marian Street Theatre was closed due to safety concerns in December 2013. Following a detailed building audit and feasibility study and Council resolved, in October 2014, to engage an independent consultation process to determine community priorities for live theatre in Ku-ring-gai.
The community engagement consultancy, Straight Talk, was commissioned to design, implement and report on a comprehensive community engagement program.
Engagement for the future of Marian Street Theatre and live theatre in Ku-ring-gai was designed to capture the opinions of two main groups:
· Interested stakeholders - those who have or have had direct involvement with the facility (e.g. theatre user groups, previous users, neighbours etc.),
· Broader community – those who may have no connection with the theatre
The outcomes from the community engagement demonstrated that the Ku-ring-gai community places high importance on live theatre performance, and access it regularly with most people attending live performances at least once or twice a year.
It is clear that the Ku-ring-gai community are frequent theatre goers and would patronise live theatre in Ku-ring-gai. It is recommended that the outcomes of this engagement process should be used to inform the master planning of any future of cultural facilities in Ku-ring-gai.
Ku-ring-gai residents identify art and culture as important elements for the community and there is strong support for live performance in Ku-ring-gai.
Most people surveyed were aware of the Marian Street Theatre and have attended performances there, and most people believe they would attend live performances in the Ku-ring-gai LGA should they be available.
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A. That the outcomes from the community engagement program for the Marian Street Theatre, undertaken by Straight Talk, be received and noted by Council.
B. That the Straight Talk community engagement and communications report be placed on Council’s website.
C. That the outcomes from the community engagement program for the Marian Street Theatre, undertaken by Straight Talk, be used to inform any future master planning for cultural facilities, including live theatre, in Ku-ring-gai.
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Virginia Leafe Manager Corporate Communications |
Janice Bevan Director Community |
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Attachments: |
A1 |
Straight Talk Consultation Report |
Excluded |
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Ordinary Meeting of Council - 10 November 2015 |
GB.3 / 123 |
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Item GB.3 |
S10095/2 |
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15 September 2015 |
Marian Street Theatre for Young People - Request for Financial Assistance
EXECUTIVE SUMMARY
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purpose of report: |
To advise Councillors of a request from the Marian Street Theatre for Young People (MSTYP) for financial assistance to support their operations throughout 2016. |
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background: |
In December 2013 Council resolved to give notice to the MSTYP to vacate the MST due to the unsafe state of the theatre. The MSTYP vacated the MST in January 2014 and Council engaged an independent theatre consultant to undertake a detailed review of the condition of the theatre and its management structure. |
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comments: |
The condition of the MST was far worse than originally anticipated, and the MST remains closed pending a decision from Council about its future. Council provided $60,000 financial support to MSTYP for 2015, and in order to continue to remain financially viable throughout 2016, the MSTYP has requested financial assistance of an additional $60,000 from Council. |
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recommendation: |
That Council provide $60,000 to the MSTYP to support the continuation of its operations throughout 2016. |
Purpose of Report
To advise Councillors of a request from the Marian Street Theatre for Young People (MSTYP) for financial assistance to support their operations throughout 2016.
Background
The MSTYP has been the sole occupier of the Marian Street Theatre since 2001. In December 2013 Council resolved to give notice to the MSTYP to vacate the MST due to the unsafe state of the theatre.
The MSTYP vacated the MST in January 2014 and Council engaged an independent theatre consultant to undertake a detailed review of the condition of the theatre and its management structure.
Comments
The condition of the MST was far worse than originally anticipated, and the MST remains closed pending a decision from Council about its future.
The MSTYP has continued to operate in alternative venues throughout 2015 following financial assistance of $60,000 from Council. The MSTYP has requested an additional $60,000 from Council in order to remain financial viable throughout 2016. (Attachment A1)
The attached MSTYP Business Plan (Attachment A2) lists the proposed Education, Productions and Projects for 2016. This includes:
· Drama Classes
· Productions (Wind in the Willows and Puss in Boots)
· Community Involvement (St Ives Shopping Centre)
· Creative Developments (Blaxland and Daughter collaboration)
The Business Plan also lists the grants that the MSTYP received in 2015:
· Ku-ring-gai Council $60,000
· MSTYP Gift Fund $10,000
Along with grant applications awaiting approval from:
· Arts NSW 2016 Arts and Cultural Projects $8,145
· The Australia Council $10,800
integrated planning and reporting
Community, People and Culture
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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C1 - Community Wellbeing |
C1.1 An equitable and inclusive community that cares and provides for its members. |
Our community facilities are accessible and function as cultural hubs to attract a range of users |
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C2 - Cultural Diversity and Creativity |
C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity. |
Ku-ring-gai's rich cultural diversity and creativity is celebrated through programs and events. |
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C4 - Healthy Lifestyles |
C4.1 A community that embraces healthier lifestyle choices and practices. |
A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing. |
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P7 Enhancing community buildings and facilities |
P7.1 Multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs. |
Standards are developed to improve the condition and functionality of existing and new assets. |
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Usage of existing community buildings and facilities is optimised. |
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P8 Improving the standard of our infrastructure |
P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community assets. |
Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity. |
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Programs for infrastructure and asset maintenance management are delivered in accordance with the adopted Asset Management Strategy and Plans. |
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E3 Visitation opportunities |
E3.1 Ku-ring-gai has a range of activities and experiences that attract visitors. |
Tourism business has been strengthened and expanded. |
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E3.1 Ku-ring-gai has a range of activities and experiences that attract visitors. |
Ku-ring-gai is marketed as a provider of a range of visitor activities and experiences. |
Governance Matters
Council currently has a Sponsorship Policy and provides financial assistance to community and cultural groups through a Financial Assistance Program each year. Council also has a Sponsorship program that provides funding as sponsorship for both community and commercial activities.
Risk Management
Council, in resolving that the MSTYP vacate the MST in December 2013, did so with the primary concern for the safety of the young people and their audiences. Council avoided significant risk in resolving to close the MST in order to further investigate the physical condition of the building.
The risk to Council’s reputation was also minimised in this regard as the theatre was in a very poor condition physical condition. Council’s reputation should also be considered in respect to the request from the MSTYP for financial assistance.
Financial assistance of $60,000 from Council would ensure the MST remains operational throughout 2016. The funding, if successful, would be for 12 months only, and would be issued with a number of conditions including ones ensuring Council would receive appropriate recognition, and positive media publicity for the funding.
Financial Considerations
The MSTYP has provided an updated Budget Summary for 2016 (Attachment A3)
Key points from the MSTYP for the updated budget summary include:
The spikes in the cash flow are:
· Ticket sales – July and August
· Grants – April and July 2015
The dips in the cash flow are:
· Production expenses
· Drama school expenditure
· Overheads
· We have cut costs significantly this year. Unfortunately, our reduced operations mean we cannot provide a third children’s production and a youth production.
· The success of Peter Pan was offset by poor ticket sales for The Little Mermaid - reflecting the precarious nature of theatre.
· The chart reflects the huge fluctuations in cash flow over the year - Drama School fees at the beginning of each semester and production ticket sales versus expenditure on teachers’ wages, hall hire and production costs.
· At the end of 2015 MSTYP is projected to have $21048.54, which includes advance payments of drama school fees for 2016. This amount is essential to pay for utilities, rent, storage and drama teachers for the January workshop and support the company at the beginning of 2016.
· MSTYP continues to partner with Knox Grammar School, St Ives Shopping Centre and Bunnings Warehouse to bring children’s theatre to Sydney and Ku-ring-gai communities.
Corporate staff have provided the following comments and key assumptions from the MSTYP updated forecast budget for 2016:
1. Total expenses for 2016 are projected to increase by $39,850 or 14% compared to 2015, while income (including Council grant) is projected to increase by only $19,272 or 6.4% compared to 2015.
2. As mentioned above, expenses increase by more than income, in particular, Theatre Expenses increase by $9,064 (10%), compared to an increase of $7,232 (6.2%) in Theatre income , Drama expenses increase by $18,962 (31%), compared to an increase in Drama income of $12,020 ( 11.4%), Overhead expenses are projected to increase by $11,824 (9.3%).
3. Cash flow position – The closing balance of cash at the end of December 2015 is estimated at $54,309 (opening balance of cash 2015 plus net surplus achieved during the same year, adjusted for Depreciation) , in 2016 closing cash balance (scenario with Council grant) is estimated at $55,779 (opening balance for 2016 plus surplus achieved in 2016 ($470), adjusted for Depreciation). If Grant from Council is not received, the cash will have a negative balance (overdraft) of $4,221, after adjusting for Depreciation.
Social Considerations
The MSTYP is a not for profit theatre organisation operating for the benefit of children and young people in Ku-ring-gai. The MSTYP creates productions for children and provides drama training and theatre making opportunities for young people from the age of 3 through to young adults. Young people in the community are able to participate in presenting and making theatre as actors, stage managers, directors and technical operators. MSTYP creates a supportive environment where young people work together in developing their talents.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
There is no community consultation necessary for this report.
Internal Consultation
The Corporate department has been consulted in the writing of this report.
Summary
The MSTYP has been the sole occupier of the MST since 2001. Since vacating the MST in January 2014 the MSTYP has had to hire alternative venues from which to operate their drama classes and stage their theatre productions.
Council provided MSTYP with $60,000 to enable the continuation of its operations throughout 2015.
The MSTYP has requested Council provide further financial assistance of $60,000 to support the continuation of its operations throughout 2016.
This report recommends funding of $60,000 be provided to MSTYP (in 3 instalments of $20,000 throughout 2016) pending and the development of a funding agreement between Council and the MSTYP.
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A. That Council provide the MSTYP financial assistance of $60,000 to support its operations throughout 2016.
B. That, should Council provide financial assistance to the MSTYP, Council prepare a funding agreement between Council and the MSTYP prior to funding being issued to the MSTYP. |
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Janice Bevan Director Community |
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A1View |
Application for emergency financial assistance - Marian Street Theatre for Young People |
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2015/223454 |
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A2View |
MSTYP Business Plan 2016 |
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2015/291983 |
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A3View |
Updated Budget Summary - MSTYP 2016 |
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2015/291980 |
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APPENDIX No: 1 - Application for emergency financial assistance - Marian Street Theatre for Young People |
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Item No: GB.3 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.4 / 161 |
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Item GB.4 |
S07466 |
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28 September 2015 |
Pymble Turramurra Preschool Inc. - Lease Renewal - 21 Handley Avenue Turramurra
EXECUTIVE SUMMARY
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purpose of report: |
For Council to consider the granting of a 5 year lease with 5 year further option to renew, to Pymble Turramurra Preschool Inc. |
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background: |
Pymble Turramurra Preschool Inc. (PTP) located at 21 Handley Avenue, Turramurra, has been operating for over 50 years at the current location. It is a non-profit community based preschool operated by a parent Board of Management. PTP has operated the service under successive term lease agreements with Ku-ring-gai Council and has a strong established connection with the local Turramurra and Pymble communities. |
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comments: |
PTP has complied with the terms and conditions of the previous lease and has requested a renewal of their lease with Council for a further term. |
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recommendation: |
That Council grant a new 5 year lease to Pymble Turramurra Preschool from 1 September 2015 to 31 August 2020, together with an option for a further 5 year term. |
Purpose of Report
For Council to consider the granting of a 5 year lease with 5 year further option to renew, to Pymble Turramurra Preschool Inc.
Background
The Pymble Turramurra Preschool (PTP) has been operating since 1962 at the current location at 21 Handley Avenue Turramurra. (See Attachment A1)
The PTP is a non-profit community based preschool operated by a parent Board of Management that has operated the service under successive term lease agreements with Ku-ring-gai Council. It has a strong established connection with the local Turramurra and Pymble communities.
Comments
The PTP is keen to have certainty to enable it to offer ongoing children’s services for the next 5-10 years. The granting of the 5 year lease will allow the preschool this certainty to continue operations and to take enrolments from 2016 to 2020.
The PTP has complied with the terms and conditions of the previous lease and has requested a renewal of their lease with Council for a further term.
integrated planning and reporting
The Pymble Turramurra Preschool Inc. provides child care services that are encompassed under Councils Delivery Operational Plan 2013/17, primarily under the theme Community People and Culture.
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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C1.1 An equitable and inclusive community that cares and provides for its members
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C1.1.1 Council’s policies, programs and advocacy address the social and health needs of all age groups, reduce disadvantage and address gaps in service provision.
C1.1.2 Access has increased for communities that face barriers to using social services and facilities |
Deliver quality children services to meet the needs of local families, including immunisation, vacation care, long day care and family day care.
Develop and implement programs that respond to community needs and address a range of accessibility issues and alleviates social isolation. |
Governance Matters
21 Handley Avenue Turramurra is classified as Operational Land. The preschool occupies land parcels Lot 2 DP209248, Lot 39 DP36328 and Lot 1 DP207586.
Public notification for a period of 28 days of the proposed lease is required as per section 47 of the NSW Local Government Act.
The proposed lease complies with Council’s Policy for Management of Community and Recreation Land and Facilities.
The Pymble Turramurra Preschool is incorporated under the Associations Incorporation Act 1984. It is a non-profit organisation run by a volunteer Board of Management (BOM).
The BOM is licensed to operate under Clause 32(1) of the Children (Care & Protection) Act 1987 and is responsible for all aspects of the control and management of the Preschool.
Risk Management
The Pymble Turramurra Preschool will continue to fully indemnify Council with $20 million Public Liability insurance. Evidence of currency is to be supplied annually to Council.
The preschool has, during the period of its occupation, met its responsibilities as a lessee and has complied with the conditions of the lease.
Financial Considerations
The preschool has agreed to pay a rental of $9,680 pa (incl GST) which will continue, subject to a 5% increase per annum, during the term of the new lease. This rental includes the current rental rebate of 90%. This has been agreed upon in the heads of agreement. (See Attachment A2)
The preschool also pays for all outgoings, including electricity and water consumption charges.
The PTP plans to spend in excess of $50,000 for extension works at the preschool, which includes the building of a new deck.
In accordance with Council’s Policy for Management of Community and Recreation Land and Facilities, the PTP is obliged to pay Council’s legal costs and administration fees associated with the preparation of the lease.
Social Considerations
The PTP has been providing preschool services in Ku-ring-gai LGA for over 50 years. It is a community based preschool providing care and education for preschool aged children..
With security of tenure for another 5 x 5 years, the preschool will be able to continue its occupation of this current site on Council’s land with no disruption to the current service.
Environmental Considerations
There are no environmental considerations associated with the granting of a new lease at this location.
Community Consultation
No consultation is required for this process prior to Council resolution. Once Council resolves to grant the proposed lease, 28 days public notification of Council’s intention to grant the lease, the premises will occur in accordance with s 47 (1) a of the Local Government Act 1993.
Internal Consultation
Consultation has taken place between Council’s Community, Operations and Strategy and Environment Departments in the preparation of this report.
Summary
Pymble Turramurra Preschool Inc has been operating for over 50 years, and is a non-profit community based preschool operated by a parent Board of Management. The preschool has requested a new 5 year lease until October 2020 with an option for a further 5 years.
The preschool plays a crucial role in the social interaction and development of young children whilst also providing a service for working parents in the Pymble and Turramurra communities.
The renewal of this lease will ensure that the preschool will continue to maintain its services at Turramurra over the next 5-10 years.
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A. That Council approve the granting of a 5 year lease agreement with further 5 year option to Pymble Turramurra Preschool Inc. for premises located at 21 Handley Avenue Turramurra.
B. That the lease commence from 1 November 2015 and expire on 31 October 2020.
C. That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.
D. That Council authorise the affixing of the Common Seal of Council to the Lease Agreement. |
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Michael New Property Officer Recreational Facilties |
Mark Taylor Manager Community & Recreation Services |
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Janice Bevan Director Community |
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A1View |
Aerial Map - Pymble Turramurra Preschool |
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2015/207824 |
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A2View |
Signed Heads of Agreement - Pymble Turramurra Preschool Inc |
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2015/258338 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.5 / 171 |
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Item GB.5 |
CY00438/3 |
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28 September 2015 |
Council Meeting Cycle for 2016
EXECUTIVE SUMMARY
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purpose of report: |
To consider the Council Meeting Cycle for 2016 which takes into account school holidays, public holidays and the Christmas recess. |
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background: |
Section 9 of the Local Government Act 1993 requires Council to give notice to the public of the times and places of its meetings. It has been Council’s practice in the past to resolve to amend its meeting cycle to take into account the school holiday breaks, public holidays and the Christmas recess. |
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comments: |
A draft Council Meeting Cycle for 2016 has been prepared for Council’s consideration. |
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recommendation: |
That Council’s Meeting Cycle for 2016 be adopted. |
Purpose of Report
To consider the Council Meeting Cycle for 2016 which takes into account school holidays, public holidays and the Christmas recess.
Background
Section 9 of the Local Government Act 1993 requires Council to give notice to the public of the times and places of its meetings. It has been Council’s practice in the past to resolve to amend its meeting cycle to take into account the school holiday breaks, public holidays and the Christmas recess.
Comments
The school holiday periods for 2016 are;
Term 1: Monday, 11 April 2016 to Friday, 22 April 2016
Term 2: Monday, 4 July 2016 to Friday, 15 July 2016
Term 3: Monday, 26 September 2016 to Friday, 7 October 2016
Term 4: Wednesday, 21 December 2016 to Thursday, 26 January 2017
Council has in the past resolved to reschedule meetings that would otherwise fall during school holidays. To avoid the school holiday period and spread the meetings more evenly, the cycle should be amended.
It is recommended to amend the proposed Meeting Cycle for 2016 as follows:
School Holidays: 11 April 2016 to 22 April 2016
5 April 2016 OMC (transferred from 12 April 2016).
School Holidays: 4 July 2016 to 15 July 2016
19 July 2016 OMC (transferred from 12 July 2016).
School Holidays: 26 September 2016 to 7 October 2016
No meeting on 13 September 2016 - Local Government elections scheduled 10 September 2016.
20 September 2016 OMC (transferred from 27 September 2016).
School Holidays: 21 December 2016 to 26 January 2017
There are no proposed scheduled meetings during this school
holiday break.
Local Government Association Conference
The 2016 Local Government NSW Annual Conference will be held from Sunday, 16 October 2016 – Tuesday, 18 October 2016. There are no scheduled meetings during the conference period.
Christmas Recess 2016/2017
Council has traditionally held the last Council meeting for the year on the second Tuesday in December, and resumed meetings in the first week of February the following year. However as there would be three weeks between the meeting on 22 November 2016 and the second Tuesday in December, being 13 December 2016, it is recommended that this meeting be brought forward and held on 6 December 2016.
Following the Christmas recess, it is further recommended that the first meeting for 2017 be held on Tuesday, 7 February 2017 with the normal meeting cycle to resume on Tuesday, 28 February 2017.
Therefore the proposed scheduled meeting cycle for 2016 is as follows:
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February |
9 February 2016 |
Ordinary Meeting of Council |
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23 February 2016 |
Ordinary Meeting of Council |
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March |
8 March 2016 |
Ordinary Meeting of Council |
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22 March 2016 |
Ordinary Meeting of Council |
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April |
5 April 2016 |
Ordinary Meeting of Council |
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26 April 2016 |
Ordinary Meeting of Council |
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May |
10 May 2016 |
Ordinary Meeting of Council |
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24 May 2016 |
Ordinary Meeting of Council |
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June |
14 June 2016 |
Ordinary Meeting of Council |
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28 June 2016 |
Ordinary Meeting of Council |
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July |
19 July 2016 |
Ordinary Meeting of Council |
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26 July 2016 |
Ordinary Meeting of Council |
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August |
9 August 2016 |
Ordinary Meeting of Council |
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23 August 2016 |
Ordinary Meeting of Council |
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September |
20 September 2016 |
Ordinary Meeting of Council |
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October |
11 October 2016 |
Ordinary Meeting of Council |
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25 October 2016 |
Ordinary Meeting of Council |
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November |
8 November 2016 |
Ordinary Meeting of Council |
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22 November 2016 |
Ordinary Meeting of Council |
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December |
6 December 2016 |
Ordinary Meeting of Council |
integrated planning and reporting
Leadership and Governance
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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Ensure effective and efficient conduct of Council and committee meetings for the benefit of councillors and the community.
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Council's Governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision-making processes.
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Business Papers and associated Minutes are published in an accurate and timely manner for public scrutiny and encourage community participation.
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Governance Matters
Section 9 of the Local Government Act 1993 requires Council to give notice to the public of the times and places of its meetings.
Risk Management
The scheduling of Council meetings during school holidays could affect the ability of some community members to attend meetings.
Financial Considerations
There are no financial considerations associated with this report.
Social Considerations
There are no social considerations associated with this report.
Environmental Considerations
There are no environmental considerations associated with this report.
Community Consultation
None undertaken or required.
Internal Consultation
None undertaken or required.
Summary
Section 9 of the Local Government Act 1993 requires Council to give notice to the public of the times and places of its meetings. It has been Council’s practice in the past to resolve to amend its meeting cycle to take into account the school holiday breaks, public holidays and the Christmas recess.
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A. That the proposed scheduled meeting cycle for 2016 is as follows:
For 2017: B. That the first meeting of 2017 be held on Tuesday, 7 February 2017 with the normal meeting cycle to resume on Tuesday, 28 February 2017.
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Christine Dunand Governance Officer |
Amber Moloney Manager Records and Governance |
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David Marshall Director Corporate |
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Ordinary Meeting of Council - 10 November 2015 |
GB.6 / 176 |
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Item GB.6 |
DA0543/14 |
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15 September 2015 |
development application
Summary Sheet
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Report title: |
4 Binalong Street, West Pymble - Two Lot Torrens Title Subdivision - DA0543/14 |
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ITEM/AGENDA NO: |
GB.6 |
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Application No: |
DA0543/14 |
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Property Details: |
4 Binalong Street, West Pymble Lot & DP No: Lot 1 DP 867842 Site area (m2): 3,490m2 Zoning: Part Residential 2(c), Business 3(a)-(A-3), Special Uses 5(a) and Recreation 6(a) |
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Ward: |
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Proposal/Purpose: |
Two lot Torrens title subdivision |
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Type of Consent: |
Local |
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Applicant: |
DFP Planning Pty Limited |
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Owner: |
Ku-ring-gai Council |
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Date Lodged: |
9 December 2014 |
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Recommendation: |
Approval |
Purpose of Report
The purpose of this report is to determine DA0543/14. The application is reported to Council as the proposal is for a Torrens title subdivision of land that contains endangered ecological species.
integrated planning and reporting
PLACES, SPACES & INFASTRUCTURE
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai
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Applications are assessed in accordance with State and local plans
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Assessments are of high quality, accurate and consider all relevant legislative requirements
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Executive Summary
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Issues |
Nil
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Submissions |
No submissions |
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Land & Environment Court |
N/A
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Recommendation |
Approval, subject to conditions
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LEGISLATIVE REQUIREMENTS: |
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Zoning |
Part Residential 2(c), Business 3(a)-(A-3), Special Uses 5(a) and Recreation 6(a) |
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Permissible under |
Ku-ring-gai Planning Scheme Ordinance, 1971 |
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Relevant legislation |
SEPP No. 55 – Remediation of Land Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005 Ku-ring-gai Planning Scheme Ordinance, 1971 Draft Ku-ring-gai Local Environmental Plan 2013 DCP 47 – Water Management DCP 56 – Notification |
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Integrated Development
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No |
History
Site
In May 2012, a proposal to rezone and reclassify three Council owned sites from community land to operational land was lodged and a public hearing was held on 11 April 2013. One of the properties addressed in the proposal was the subject site. The report on the public meeting recommended the following in relation to the subject site:
(a) The section of the site located adjacent to 72 Yarrara Road and 6 Binalong Street, north of the prolongation of the southern boundary of 72 Yarrara Road to Binalong Street, be reclassified as “operational land” under the terms of the Local Government Act 1993.
(b) To facilitate the reclassification of the land as recommended in (a), the whole of the site needs to be reclassified as “operational land”. This is satisfactory and appropriate provided the site, exclusive of the land referred to in (a), is classified as “community land” following its subdivision, as imposed by Council.
(c) A positive covenant be imposed on the land requiring the retention and maintenance of the significant trees located in the north-eastern corner of the land to be reclassified.
(d) Building lines be set by council to ensure the preservation of the trees required to be retained.
(e) Council undertake any required works on the trees required to be retained by the positive covenant prior to the sale of the land.
Pre-DA
No Pre-DA consultation was held prior to the lodgement of the application.
DA History
9 December 2014 Application lodged
18 December – 5 January 2015 Application notified
19 February 2015 Preliminary planning assessment letter issued
30 April 2015 Amended plans submitted
12 June 2015 Further letter to applicant issued regarding inadequate information and concerns with the proposal
27 July 2015 Additional amended plans / documentation submitted
21 August 2015 Further amended plans submitted
Site description
The site is known as No. 4 Binalong Street, West Pymble and has a legal description of Lot 1 DP 867842. The site is an irregular shaped allotment located between Binalong Street and Yarrara Road, to the north-east of Philip Lane. The site has a frontage of 49.73m to Binalong Street, 12.195m to Yarrara Road and 43.08m to Philip Lane, with a splay corner frontage at the intersection of Philip Lane and Binalong Street, and has an area of 3,490m2.
The site currently contains no buildings. The south-western portion adjoining Philip Lane is occupied by a council car park for the West Pymble shops, the portion with frontage to Yarrara Road contains a pedestrian pathway from the shops through to Yarrara Road and the north-eastern portion is a grassed area containing a significant amount of vegetation, including an identified area of Sydney Turpentine Ironbark Forest, which is an endangered ecological community (EEC).
Surrounding development
To the south and south-west of the subject site is the West Pymble shops, with low scale residential properties located to the west, north and east. A heavily vegetated public reserve exists opposite the subject site to the south-east.
The Proposal
Application is made to Torrens title subdivide one allotment into two allotments to enable Council to sell the surplus land to the north east of the car park for residential purposes. The subdivision will result in the following two allotments:
Proposed Lot 10 Lot 10 is to contain the existing car park and pedestrian walkway to the West Pymble shops. The allotment is to be an irregular shaped allotment with frontage of 29.315m to Binalong Street, 12.195m to Yarrara Road and 43.08m to Philip Lane, with a splay corner frontage at the intersection of Philip Lane and Binalong Street, and has an area of 2,363m2.
Proposed Lot 11 Lot 11 is the surplus land, being the land that is grassed and vegetated with trees. The allotment is a rectangular shaped allotment with frontage of 20.413m to Binalong Street and a depth of 55.27m, with an area of 1,128m2.
Given the existence of the EEC on proposed Lot 11 and the need to protect the vegetation, the proposal also includes the creation of a positive covenant over an area of the site at the Binalong Street frontage that coincides with the majority of the significant vegetation on the site, but still allows for a driveway access along the south-western boundary and a suitable building envelope for a dwelling behind it.
Finally, the proposal also seeks approval to construct the driveway access and provides drainage and conduits for future services connection to proposed Lot 11 to ensure they are constructed in a manner which protects the significant trees on the subject site.
Consultation
Community
The development application was notified to surrounding property owners and occupiers in accordance with DCP 56 – Notification between 18 December 2014 and 5 January 2015. No submissions were received.
Within Council
Landscape
The application was referred to Council’s Landscape Assessment Officer due to the potential impact of the proposal upon the trees onsite. In response to the initial referral the Landscape Assessment Officer did not object to the removal of Trees T2, T6, T10, T11 T12, T13, T14, T16, & T17. T2 and T6 but raised following concerns.
· The arboricultural assessment does not address all trees impacted by the development.
· Requested an arboricultural assessment of the Angophera costata as it appears to have poor structure and is potentially a safety hazard.
· Removal of the trees located within the potential building footprint for a future dwelling is not supported as their removal should be assessed with an application for the future dwelling.
· The removal of tree T8, Syncarpia glomulifera is not supported as it is a young and healthy tree. It should be included in the covenant area.
· Tree T9, Eucalyptus resinifera is a remnant tree and is part of the EEC. The plans are unclear as to whether the tree is located in the positive covenant area. If it is not located in the positive covenant area, the area should be enlarged to include the tree.
· The proposed driveway is located within the structural root zone of tree T9 and no arboricultural assessment has been provided of the impact of the works upon the tree.
· The proposal impacts the Camelia garden.
· The proposed tree species are inconsistent with the endemic plant community.
· Concern about the impact the construction of a sewer connection will have upon the onsite trees.
· The survey does not identify the location of all of the trees.
The applicant responded to these concerns with a series of amendments to the proposal, including deleting the changes related to the Camelia garden and increasing the size of the area covered by the positive covenant. The following comments were received from the Landscape Assessment Officer in relation to the final set of amended plans/information.
· Angophora costata (Sydney Red Gum) located centrally within the restricted covenant area. The tree has extremely poor structure and is considered a potential safety hazard. Despite previous advice the consulting arborist has not assessed the tree. Given a potential safety issue has been raised, it is requested that the arborist undertake an assessment of the tree and its structural integrity and decay. It is likely the tree will require removal. This will need to be considered as part of the ecological assessment for the site as the tree species is consistent with the endangered endemic plant community. Verbal advice from the consulting arborist recommends the tree for removal due to its hazard rating. The tree’s removal is conditioned (Condition 5).
· Two trees are proposed to be removed as part of the application as they spatially conflict with the proposed driveway. The nominated tree removal is supported as the trees do not have broader landscape significance.
· T8 Syncarpia glomulifera (Turpentine) located adjacent to the northeast site boundary is proposed to be retained and located within the covenanted area, satisfactorily resolving previous concerns.
· T9 Eucalyptus resinifera (Red Mahogany) located centrally on site. The tree is a remnant specimen part of the endangered plant community on site. The tree is now included within the covenanted area as previously requested, satisfactorily resolving previous concerns.
· T9 – The proposed concrete driveway is located within the tree’s SRZ and TPZ. It is considered that a driveway can be constructed on top of existing grade with minimal tree impact. Trenching for services as proposed adjacent to the southern site boundary, although within the TPZ has maximised the setback from T9.
· Tree 3 Casuarina glauca (She Oak) located within the Binalong St road reserve in front of the site. The proposed sewer extension is located within the TPZ and SRZ which has the potential to result in a significant impact. The arborist has recommended the sewer be installed utilising thrust boring methods. The assessing landscape officer is in agreement that this installation method is feasible and will reduce potential tree impact.
Site works plan/ landscape plan / tree replenishment
The following comments are made:
· The planting proposed as part of the Site Works Plan is acceptable.
Stormwater plan
Services – it is proposed as part of the works to include drainage and driveway construction together with provision for the connection of utility services infrastructure. The proposed location adjacent to the south-western site boundary is acceptable.
Conclusion
The application to subdivide the existing allotment is acceptable on landscape grounds.
Comment: The requested conditions have been included in the recommendation (Conditions 5, 6, 36, 43, 44, 45, 46, 47, 58 and 56).
Ecology
The application was referred to Council’s Ecological Assessment Officer due to the potential impact of the proposal upon the onsite Sydney Turpentine Ironbark Forest (STIF) listed as an Endangered Ecological Community (EEC). In response to the initial referral the Ecological Assessment Officer identified that the site contained Sydney Turpentine Ironbark Forest (STIF) listed as an Endangered Ecological Community (EEC), with the EEC being dominated by Eucalyptus resinifera (Red Mahogany), Angophora costata (Smooth-barked Apple) and Syncarpia glomulifera (Sydney Turpentine) & Pittosporum undulatum (Sweet Pittosporum). It was also identified that the vegetation within the rear of subject property had been incorrectly mapped as an area of biodiversity significance under the KPSO (LEP 208), when the area does not contain any native endemic trees. No further consideration of the biodiversity significance clauses under the KPSO is considered to be necessary. The Ecological Assessment Officer also raised the following concerns.
· The proposed covenant area for protection of the EEC is insufficient and should be relocated such that it captures 90% of the tree protection zone of Trees T8 & T9.
· An amended Vegetation Management Plan (VMP) should be provided which covers the additional covenant area.
· The VMP is to stipulate the number and type of species proposed to be planted within the conservation covenant area. No monocultures are supported, a mixture of groundcovers, shrubs and sub-canopy species are to be proposed.
· The proposed building footprint should be relocated further to the rear to allow the increased covenant area.
· Should Tree T6 be identified for removal it should be addressed in an amended impact assessment (7 part test).
The applicant responded to these concern with a series of amendments to the proposal, including relocating the proposed building footprint and expanding the area to be covered by the positive covenant. In response, the Ecological Assessment Officer issued comments supporting the application, subject to conditions (Conditions 4, 25 and 26) which have been included in the recommendation of this report.
Engineering
The application was referred to Council’s Development Engineer who requested the following information.
· The positive covenant area should be shown on the subdivision plan.
· The survey plan is to show the location and levels of the pits and pipe draining Council’s car park as concern is raised that the pipe may cross the proposed residential lot and be impacted by excavation for the driveway.
· Clarification is required as to whether an easement will be created across the stormwater pipe if it affects the proposed residential lot.
· Detail of the proposed sewer connection for the proposed lot is required to allow an assessment of the impact upon trees of the sewer location.
· The report by EIS does not indicate the site is, or can be made, suitable for residential use and it should be amended.
The applicant responded with a series of amendments to the proposal and additional information and the following comments were received from the Development Engineer:
The amended plans, ACOR Consultants Pty Ltd Drawings C2.01E, C1.01F and Stewart Bland survey dated 31 July 2015, are satisfactory.
The Erosion and Sediment Control Plan ACOR Drawing C3.01D would require amendment for construction as it does not show the final protection area and the arrow for the temporary sediment fences still points away from the correct location. These are minor detail readily corrected on the Construction Certificate plans.
There are no engineering objections to the proposed subdivision, subject to conditions.
Comment: The requested conditions (Condition 12 and 13) have been included in the recommendation.
Statutory Provisions
Environmental Planning and Assessment Act
The provisions of Section 79C of the Environmental Planning and Assessment Act, 1979 (as amended) determine the matters for consideration in assessing a development application as stated below:
(a) The provisions of:
(i) any environmental planning instrument, and
(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and
(iii) any development control plan; and
(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and
(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and
(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),
that apply to the land to which the development application relates.
(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,
(c) the suitability of the site for the development,
(d) any submissions made in accordance with this Act or the regulations,
(e) the public interest.
The relevant provisions of environmental planning instruments, proposed instruments, DCPs, the Regulations and Policies are addressed following. There are no planning agreements (or draft) for consideration in this assessment. The likely impacts, suitability of the site and public interest are also addressed below and no submissions have been received.
State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)
The provisions of SEPP 55 require Council to consider, when assessing a development application, the potential for a site to be contaminated. A Phase I and II report has been prepared by EIS in relation to the potential contamination of the subject site. The findings of the Phase II report is that soil testing confirmed the site contains no significant contamination and is suitable for the proposed residential subdivision.
Sydney Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005
The site is located within the designated hydrological catchment of Sydney Harbour and is subject to the provisions of the SREP (Sydney Harbour Catchment). The Sydney Harbour Catchment Planning Principles must be considered and where possible achieved in the carrying out of development within the catchment. The relevant key principles include:
· protect and improve hydrological, ecological and geomorphologic processes;
· consider cumulative impacts of development within the catchment;
· improve water quality of urban runoff and reduce quantity and frequency of urban run-off, and
· protect and rehabilitate riparian corridors and remnant vegetation.
The site is within the Sydney Harbour Catchment and eventually drains into the Harbour. The site is not located on the foreshore or adjacent to a waterway and therefore, with the exception of the objective of improved water quality, the objectives of the SREP are not applicable to the proposed development. The proposed works will involve disturbance of the soil and as such it is appropriate that soil and sedimentation devices be used during construction works. A sedimentation control plan has been submitted with the application which satisfies this requirement.
Ku-ring-gai Planning Scheme Ordinance (KPSO)
The subject site is part zoned Residential 2(c), Business 3(a)-(A-3), Special Uses 5(a) and Recreation 6(a) under KPSO and the subdivision of land in all zones is permissible with consent pursuant to clause 58A. The portion of the site which is intended to be created as a residential allotment is wholly zoned Residential 2(c) and creation of the allotment will create a parcel of land suitable for the construction of a dwelling house. The portion of the site which is retained by Council and which contains the Council car park and pedestrian walkway is zoned part Business 3(a)-(A-3), Special Uses 5(a) and Recreation 6(a). The site does not contain a heritage item and is not located in the immediate vicinity of an item of heritage.
The following provisions of the KPSO apply to the proposed development.
Clause 38B requires that consent cannot be granted to development unless the land has a water supply and a drainage area and facilities for the removal and disposal of sewage or arrangements satisfactory to Council and the Water Board have been made to make provision for such supply. The subject site will have appropriate connection to water, drainage and sewage systems upon completion, satisfying this provision.
Clause 42 addresses preservation of trees and the impact of the proposal upon the trees onsite has been assessed by Council’s Landscape Assessment Officer and been found to be acceptable, subject to conditions.
Clause 58B sets minimum allotment sizes and widths for allotments intended to be occupied by a single dwelling-house. In the 2(c) zone a minimum allotment size of 929m2 and width of 18m (measured 12.2m from the street alignment) for allotments with road frontage is set. The clause also requires that a dwelling-house shall not be erected on an allotment not having a common boundary with a public road. The proposed residential allotment has an area of 1,128m2 and a width of 20.4m, complying with the standards.
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Development standard |
Proposed |
Complies |
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Subdivision for dwelling houses |
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Site area: 929m2 (min) Lot 10
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Lot 10:1128m2 |
YES |
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Site width: 18m (min) at a distance of 12.2m from the street alignment |
Lot 10:20.4m
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YES |
Clause 61L addresses biodiversity and a portion of the subject site is mapped as an area of biodiversity. However, as is discussed in the Ecological Assessment Officer’s comments, the area of biodiversity has been mapped over a portion of the site that contains no significant areas of biodiversity.
Schedule 9 contains the aims and objectives for residential zones and, to the extent that they are relevant to the proposal, they are addressed following:
1. The general aims of this Ordinance in relation to land within Zones Nos 2(a), 2(b), 2(c), 2(d), 2(e). 2(f). 2(g) and 2 (h) are –
(a) To maintain and, where appropriate, improve the existing amenity and environmental character of residential zones; and
The amenity of the residential area is maintained by providing an appropriately located and sized residential allotment adjoining existing allotments in Binalong Street and Yarrara Road. In this regard, the proposed allotment is of a similar size and dimensions to the adjoining lots and will allow for a development that will enhance the streetscape and provide sufficient separation from the adjoining allotments to preserve their residential amenity.
(b) To permit new residential development only where it is compatible with the existing environmental character of the locality and has a sympathetic and harmonious relationship with adjoining development.
The above described design features (in response to (a)) will result in the future residential development within the subdivision being visually compatible with the existing character of the locality.
2. The specific objectives of this Ordinance in relation to land within Zones Nos 2(a), 2(b), 2(c), 2(d), 2(e). 2(f). 2(g) and 2 (h) are to ensure that –
(a) All new dwelling-houses and additions to dwelling-houses maintain a reasonable level of sunlight to neighbours’ living areas and recreation space between 9am and 3pm during the winter solstice on 22 June; and
The design of the subdivision is such that a well-designed dwelling can be provided on the proposed residential allotment that provides for suitable solar access on the subject lot, whilst protecting the solar access of adjoining properties.
(b) All new dwelling-houses and additions to dwelling-houses are sited and designed so as to minimise overlooking of neighbours’ living areas and recreation space; and
This objective is more relevant at the design stage for the future dwellings.
(c) Any building or development work shall maintain or encourage replacement of tree cover whenever possible to ensure the predominant landscape quality of the Municipality is maintained and enhanced; and
This objective is more relevant at the design stage for the future dwellings, however, given the extent of the proposed positive covenant, it is considered that the future dwelling will allow for a superior level of tree cover on the site compared to other residential sites in the neighbourhood.
(d) Any building or development work on a site avoids total or near total site utilisation by maintaining a reasonable proportion of the site as a soft landscaping area; and
This objective is more relevant at the design stage for the future dwelling, however the proposed positive covenant will ensure the future dwelling design avoids this.
(e) All new dwelling-houses and additions to existing dwelling-houses are of a height, size and bulk generally in keeping with that of neighbouring properties and, where larger buildings are proposed, they are designed so as not to dominate and so far as possible to harmonise with neighbouring development; and
This objective is not relevant to the assessment of an application for subdivision of land.
(f) In areas where one period, style or genre of architecture predominates, the new dwelling-house reflects either that style or the main stylistic features such as roof pitch, materials, proportions, setbacks, etc. and additions to existing dwelling-houses reflect the style of and continue the main stylistic features of the existing structure; and
This objective is not relevant to the assessment of an application for subdivision of land.
(g) All new dwelling-houses and additions provide reasonable space on the site for the forward entrance and exit of vehicles; and
This objective is more relevant at the design stage for the future dwellings, however the proposal incorporates the provision of an appropriately located driveway to achieve this.
(h) All applications will be assessed against the considerations of section 90 of the Environmental Planning and Assessment Act 1979, and section 303 of the Local Government Act 1919.
The abovementioned provisions are no longer relevant, however the current provisions dealing with these matters are addressed within this report.
Ku-ring-gaI Local Environmental Plan 2015
The Ku-ring-gai Local Environmental Plan 2015 was gazetted by the Minister for Planning on 5 March 2015, with the new LEP coming into operation on 2 April 2015. The purpose of the LEP is to replace the KPSO with an LEP version consistent with the Department of Planning’s standard instrument.
The effect of the new LEP on this application is somewhat limited as a consequence of Clause 1.8A which provides:
1.8A Savings provision relating to development applications
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note. However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
The effect of this is such that as the application was made prior to the commencement of the LEP, it is to be determined as if the LEP had not commenced, thus reverting assessment of the application to the KPSO (which is provided elsewhere in this report).
However, the Court of Appeal has ruled that despite Clause 1.8A, it is still necessary to consider the development against the draft instrument as at the time the application was lodged it was a prescribed matter for consideration pursuant of Section 79(c).
As the Draft LEP seeks to convert the controls of the KPSO, the fundamental scope of development permitted on the subject site is not changed.
Subsequently, having regard to the draft instruments controls, immanency of the instrument and the savings clause pursuant of 1.8 of the instrument, the development is assessed as being satisfactory with respect to DKLEP 2013.
Development Control Plan No. 47 – Water Management
The provisions of DCP 47 require Council to consider, when assessing a development application, the design of the proposal against the specified criteria for water management. The comments of the Development Engineer provide a detailed assessment against the requirements of these controls and conclude that the proposal is appropriately designed with regard to water management, subject to recommended conditions.
Ku-ring-gai Contributions Plan 2010
The Section 94 contributions applicable to the proposal have been calculated and a condition of consent is recommended requiring the payment of those contributions, (Condition 14).
Likely Impacts
The likely impacts of the subdivision largely relate to the impact upon the onsite EEC and the trees contained within. The assessments of Council’s Landscape and Ecological Assessment Officers have determined that subject to the provision of a positive covenant and the carrying out of the Vegetation Management Plan (VMP) on the site, the impacts will be acceptably ameliorated.
The other potential impacts are impacts upon the immediately adjoining residential properties, which are impacts that are better assessed when an application is submitted for the dwelling on the proposed residential lot.
SUITABILITY OF THE SITE
The portion of the site to be created as a residential allotment is zoned residential and the environmental constraints of the site created by the EEC onsite have been suitably addressed by the proposed positive covenant and VMP. As such it is considered that the site is suitable for the proposed development.
Public Interest
The public interest is best served by an appropriately designed subdivision that fits into the character of the area and provides for additional housing stock of a character that is suited to the area. The proposal satisfies this test and as such is considered to be in the public interest.
Conclusion
The proposed subdivision is considered to be acceptable when assessed against the matters for consideration of s.79C of the Environmental Planning and Assessment Act, 1979 and is recommended for approval.
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A. THAT Council, as the consent authority grant consent to Development Application No. 0543/14 for subdivision to create two Torrens title lots, construction of a driveway and installation of services at Lot 1 DP 867842, No. 4 Binalong Street, West Pymble, for a period of two years from the date of the Notice of Determination, subject to the following conditions:
CONDITIONS THAT IDENTIFY APPROVED PLANS
1. Approved architectural plans and documentation (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:
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. In the event of any inconsistency between the above documents, the document with the later date shall prevail.
Reason: To ensure that the development is in accordance with the determination.
Conditions to be satisfied prior to the issue of the construction certificate:
3. 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.
4. Vegetation Management Plan (VMP)
The following Vegetation Management Plans, prepared by Cumberland Ecology, dated October 2015, is endorsed in their entirety.
· All weeding removal, weed techniques, environmental protection measures and ongoing maintenance works are to be carried out in accordance with the VMP.
· All noxious and environmental weeds are to be removed from the within the site.
· All planting works are to be undertaken.
· All vegetation works are to be conducted by a suitably qualified bush regenerator. The minimum qualifications minimum qualifications and experience (for bush regenerator) are a TAFE Certificate 2 in Bushland Regeneration and one year demonstrated experience (for other personnel). In addition the site supervisor is to be eligible for full professional membership of the Australian Association of Bush Regenerators (AABR). Reason: To ensure the protection and enhancement of ecological values within the site.
5. 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 Tree Preservation Order.
Reason: To ensure that the development is in accordance with the determination.
6. Approved landscape plans
Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure that the development is in accordance with the determination.
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE
7. Utility provider requirements
Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained. All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.
Reason: To ensure compliance with the requirements of relevant utility providers.
8. Underground services
All electrical services (existing and proposed) shall be undergrounded. Undergrounding of services must not disturb the root system of existing trees to be retained and shall be undertaken in accordance with the requirements of the relevant service provided. Documentary evidence that the relevant service provider has been consulted and that their requirements have been met are to be provided to the Certifying Authority prior to the issue of the Construction Certificate. All electrical and telephone services to the subject property must be placed underground and any redundant poles are to be removed at the expense of the applicant.
9. 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.
10. Project ecologist
A Project Ecologist shall be commissioned prior to the release of the construction Certificate to ensure all bushland/environmental protection measures are carried out in accordance with the conditions of consent.
The Project Ecologist shall have a minimum qualification of TAFE Certificate III in Bush Regeneration or Conservation and Land Management – Natural Area Restoration. He/she shall have at least 4 years experience in the management of native bushland in the Sydney region. Details of the arborist including name, business name and contact details shall be provided to the Principal Certifying Authority with a copy to Council.
Reason: To ensure the protection of existing biodiversity values of the site
11. Infrastructure restorations fee
To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:
a) All work or activity taken in furtherance of the development the subject of this approval 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 approval 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 Restoration Fee must be paid to the 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 Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and 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 the 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 Restorations Fee 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 Restoration Fee” means the Infrastructure Restorations Fee 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.
12. 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.
13. Design for driveway and stormwater service
Prior to issue of the Construction Certificate, the certifying authority is to be satisfied that plans suitable for construction have been prepared for the driveway and stormwater service as shown on the approved DA plans.
Reason: To ensure that the development is in accordance with the determination.
14. Section 94 development contributions - other than identified centres
This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:
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.
Notwithstanding the total above, in accordance with the s94E Direction issued by the Minister for Planning dated 3 March 2011, for so long as it remains legally in force, the maximum amount payable for the subject development application shall be $20,000 x 1 = $20,000.
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.
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 DCP 40 - Construction and Demolition Waste Management.
The plan shall address all issues identified in DCP 40, 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 COMMENCEMENT OF WORKS
16. 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.
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. 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.
19. 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 ‘NSW Department of Housing 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.
Any hay bales used on site must be wrapped to reduce the risk of weed introduction. Exotic cover crops are not to be used in proximity of the riparian corridor or conservation plantings.
Reason: To preserve and enhance the natural environment.
20. Insurances
The applicant or the applicant’s contractor shall ensure that there is adequate Worker’s Compensation policy in force for the staff carrying out the work, and shall supply a copy of such policy to Council prior to the commencement of work.
The applicant must indemnity Council against all loss of or damage to the property of others and injury or death to any persons which may arise out of or in consequence of the carrying out of the work and against all claims, demands, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto, In this regard, the applicant shall take out a public liability policy during the currency of the works in the sum of not less than $20,000,000 and to be endorsed with Ku-ring-gai Council as principal, and keep such policy in force at the applicant’s own expense. A certificate from the applicant’s insurers to this effect is to be lodged with Council before any work is commence. The amount of Common Law liability shall be unlimited.
Any hay bales used on site must be wrapped to reduce the risk of weed introduction. Exotic cover crops are not to be used in proximity of the riparian corridor or conservation plantings.
Reason: Public interest.
21. Sydney Water Section 73 Compliance Certificate
The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing CoOrdinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the CoOrdinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
Reason: Statutory requirement.
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.
Reason: Statutory requirement.
23. Hours of work
Demolition, excavation, 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 or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.
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. 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.
25. Nest boxes
Prior to works commencing and/or tree removal works being undertaken, three nest boxes comprising 1 small mammal, 1 microbat & 1 medium mammal, shall be installed within the retained trees within the site. The nest boxes shall be constructed of durable wood material (marine ply) and installed at a minimum height of 6 metres from the ground and positioned under the direction of a qualified ecologist.
The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment and Heritage.
Reason: To ensure protection of fauna species.
26. Fauna protection
Prior to works commencing and/or tree removal works, a qualified ecologist shall investigate all trees for fauna occupation. In accordance with appropriate licensing requirements the ecologist shall supervise the relocation of any fauna found within the trees approved for removal.
The qualified ecologist must hold an Animal Ethics Permit from the Office of Environment & Heritage and a wildlife licence under section 132C of the National Parks and Wildlife Act 1974 issued by the Office of Environment and Heritage.
Evidence of engagement of the qualified ecologist and the required licensing must be provided to the Private Certifying Authority with a copy to Council prior to the trees being removed.
Reason: To ensure protection of fauna species.
27. Council assets
Any disturbance or damaged areas adjacent to the public land or roadway shall be restored or landscaped to the satisfaction of Council’s Direction Operations, Full cost to be bourne by the developer. The total cost of all construction and restoration work shall be bourne by the applicant.
Reason: To ensure a high standard of Council asset.
28. Engineering fees
For the purpose of any development related inspections by Ku-ring-gai Council engineers, the corresponding fee set out in Councils adopted Fees and Charges are payable to Council. A re-inspection fee per visit may be charged where work is unprepared at the requested time of inspection, or where remedial work is unsatisfactory and a further inspection is required. Engineering fees must be paid in full prior to any final consent from Council.
Reason: To protect public infrastructure.
29. 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. 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).
Reason: Provision of utility services.
30. 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.
Details are to be included in the monitoring reports associated with Conservation Management Plan.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. Tree protection sign
Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:
· Tree protection zone. · This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted. · Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report. · The arborist's report shall provide proof that no other alternative is available. · The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council. · The name, address, and telephone number of the developer.
Reason: To protect existing trees during the construction phase.
39. 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.
40. Tree fencing inpection
Upon installation of the required tree protection measures, an inspection of the site by the AQF5 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.
41. 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.
42. 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.
43. 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.
44. Treatment of tree roots
If tree roots are required to be severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist with a minimum qualification of Horticulture Certificate or Tree Surgery Certificate. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 – Pruning of Amenity Trees.
Reason: To protect existing trees.
45. 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.
46. 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.
47. Thrust boring
Excavation for the installation of any services within the specified radius of the trunk/s of the following tree/s shall utilise the thrust boring method. Thrust boring shall be carried out at least 600mm beneath natural ground level to minimise damage to tree/s root system:
Reason: To protect existing trees.
48. Trees on nature strip
Removal/pruning of the following tree/s from Council's nature strip to permit vehicular access shall be undertaken at no cost to Council by an experienced tree removal contractor/arborist holding public liability insurance amounting to a minimum cover of $20,000,000:
Reason: To ensure protection of existing trees.
CONDITIONS TO BE SATISFIED PRIOR TO RELEASE OF SUBDIVISION CERTIFICATE
49. Issue of Subdivision Certificate
The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied and an Occupation 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.
50. 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) all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent d) The Section 73 (Sydney Water) Compliance Certificate for the subdivision. e) Proof of payment of S94 contribution
Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees. Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.
Reason: Statutory requirement.
51. 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.
52. 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.
53. Removal of noxious plants & weed
All noxious and/or environmental weed species shall be removed from the property by ecological sustainable practices prior to the issue of the subdivision Certificate.
Reason: To protect the environment.
54. 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.
55. Completion of landscape works
Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.
Reason: To ensure that the landscape works are consistent with the development consent.
56. 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 shown on the Survey Plan Dwg #2 dated 31/072015, the terms of which state that any excavations, soil level changes or construction works are prohibited.
Reason: To protect existing vegetation.
57. Reinstatement of crossing
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.
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. General easement/ROW 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.
60. Driveway and stormwater service to be constructed
Prior to the issue of the Subdivision Certificate, the Principal Certify Authority is to be satisfied that the driveway and stormwater services have been constructed as shown on the approved Construction Certificate Plans.
The designing engineer is to certify that the works have been carried out in accordance with the approved Construction Certificate Plans, and a works-as-executed drawing is to be provided.
Reason: To ensure that the development is in accordance with the determination.
61. Provision of services
Prior to the 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.
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Kerry Gordon Town Planning Consultant |
Michael Miocic Director Development & Regulation |
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A1View |
Zoning extract |
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2015/268138 |
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A2View |
Objectors maps |
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2015/268140 |
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A3View |
Plan of Subdivision |
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2015/267285 |
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A4View |
Site works plan |
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2015/267284 |
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A5View |
Stormwater plan |
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2015/267286 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.7 / 210 |
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Item GB.7 |
DA0589/14 |
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15 October 2015 |
development application
Summary Sheet
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Report title: |
15 - 17 College Crescent, St Ives - Demolition of existing structures and construction of a multi-dwelling development of 12 units, basement car parking and landscaping |
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ITEM/AGENDA NO: |
GB.7 |
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Application No: |
DA0589/14 |
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Property Details: |
15 – 17 College Crescent, St Ives Lot & DP No: Lot 1 & Lot 2, DP 261957 Site area (m2): 2003.9m2 Zoning: R3 Medium density residential |
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Ward: |
St Ives |
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Proposal/Purpose: |
To determine Development Application No.DA0589/14 for the demolition of existing structures and construction of a multi-dwelling development of 12 units, basement car-parking and landscaping. |
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Type of Consent: |
Local |
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Applicant: |
College Crescent Developments Pty Ltd |
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Owner: |
L & M Rook, A Ostermayer |
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Date Lodged: |
23 December 2014 |
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Recommendation: |
Approval |
Purpose of Report
To determine Development Application No.DA0589/14 for the demolition of existing structures and construction of a multi-dwelling development containing 12 townhouses, basement car-parking and landscaping works at 15-17 College Crescent, St. Ives.
integrated planning and reporting
Places, Spaces & Infrastructure
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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P3.1 The built environment delivers attractive, interactive and sustainable living and working environments
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A high standard of design quality and building environmental performance is achieved in new development.
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Assessment of applications is consistent with Council’s adopted LEP’s and DCP’s.
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Executive Summary
Issues: Setbacks
Submissions: 10 submissions received
Land & Environment Court: N/A
Recommendation: Approval
History
Pre-DA
On 19 November 2014, a Pre DA consultation was undertaken for the construction of multi dwelling housing containing 12 townhouses. The applicant was advised of the following key issues:
· tree impacts
· stormwater design refinement
· setback non-compliances
DA History
23 December 2014 The application was lodged.
16 January 2014 -16 February 2015 The application was notified and advertised to neighbouring property owners for a period of 30 days. A total of 8 submissions were received.
25 March 2015 A letter was sent to the applicant advising of outstanding issues relating to:
Engineering
- stormwater disposal
- traffic generation
- vehicle access and accommodation arrangements
- waste collection
- construction management
- geotechnical investigation
Landscaping
- tree impacts
- landscape plan/ tree replenishment
- stormwater design conflicts
- inconsistencies with BASIX
- inconsistencies on the plans
- deep soil landscaping
Planning
- non-compliances with street and side building setbacks
- non-compliance with building separation requirement
- terraces not meeting minimum requirement for private open space
- non-compliance with natural ventilation requirement
- visual privacy impacts
- required to lodge a SEPP 65 assessment and a design verification statement
30 March 2015 A further letter was sent to the applicant advising of outstanding issues relating to:
Urban design
- terraces not meeting minimum requirement for private open space
- non-compliance with the building separation requirement (visual privacy impacts)
- does not achieve accessible paths from street to townhouse entries apart from the adaptable. Accessible car parking space does not achieve AS2890.6
- townhouses 1-5 only provide 3m3 of the required 10m3 storage area required. RFDC minimum is 50% within the dwelling with the DCP requiring 12m3 for dwelling with 3+ bedrooms
- non-compliance with building separation requirement (acoustic impacts)
- façade – materials palette is limited, minimal detailing around windows on level 1, small openings on level 1 in combination with limited materials palette results in an austere public domain interface for the streetscape facades and lack of character within the site
- Use of painted render requires additional maintenance over time, is prone to bubbling paintwork, poor weathering particularly in absence of architectural edge detailing
11 April 2015 Concept revisions received by Council seeking feedback on amendments to address outstanding issues.
5 May 2015 Response sent to applicant regarding concept revisions.
27 May 2015 Full set of revised plans and information received in response to Council’s issues letter.
15 June 2015 Application re-notified from 15 June 2015 to 29 June 2015.
24 July 2015 A letter was sent to the applicant advising of outstanding issues relating to the amended plans and information:
Engineering
- issues with turning manoeuvrability in basement, parallel visitor parking spaces to be relocated
- swept paths shown in the appendix of traffic report are incorrect as the basement layout and driveway location has been revised adjacent to the basement entry. The location of the collection area is to be clarified as the garbage truck is not to block the driveway
Landscaping
- tree impacts
- inconsistencies with BASIX certificate
- non-compliance with deep soil landscape area
Urban design
- Block A level 1 openings with a westerly or easterly aspect are to include external shading devices that are integrated into the overall design
- two adaptable dwellings are required but only one provided
7 August 2015 Revised plans and information were received from the applicant.
The Site
Site description
The subject site is located on the western side of College Crescent, midway between the northern and southern intersections of Yarrabung Road, St Ives. The site consists of two lots, being Lots 1 and 2 in DP261957, otherwise known as 17 and 15 College Crescent, respectively. The site is irregular in shape and has a total area of 2003.9m2. The site has a frontage of 49.6m to College
Crescent, a southern side boundary length of 44.5m and a northern side boundary length of 37m. The rear boundary is also 49.6m, however there is a 900 return approximately midway along its width of 7.5m.
Currently located at 15 College Crescent, is a single storey dwelling house. The front setback has been landscaped with lawn and gardens. Driveway access is to the northern side of the site into a single garage and adjacent single carport. At 17 College Crescent is a single storey dwelling house. The front setback has been landscaped predominantly with lawn and a number of trees and shrubs. The driveway is centred along the front boundary and curves to double garage located towards the northern side boundary.
Surrounding development
Located to the north of the subject site, is a single storey dwelling, 11 College Crescent. The site has a swimming pool located within the front setback area. The site shares similar characteristics as the subject site in terms of age of dwellings, bulk and scale, landscaping and driveway access to the northern side of the site. To the south of the subject site, is an open space area used for various sporting activities which is part of the Masada College. To the rear (west) of the subject site are a number of residential flat buildings that are five storeys in height. The buildings are a part of a larger development that has frontage to Killeaton Street, St Ives.
The Proposal
The proposal is for the demolition of existing structures and construction of a multi-dwelling development containing 12 x 3 storey townhouses contained within 3 separate blocks identified as Blocks A, B and C, basement car-parking and landscaping works.
Specific details of the proposed works are as follows:
Basement
· single level basement providing parking for 21 vehicles including two disabled spaces, visitor space and bicycle parking;
· service room,
· waste storeroom;
· storage rooms,
· fire stairs;
· lifts; and
· water closet.
Block A
Block A is orientated to the College Crescent frontage with the building running north/ south. The building contains:
· five attached three storey townhouses that have 3 bedrooms;
Block B
Block B is orientated east/ west and is located parallel to the northern side boundary. The building contains:
· four attached three storey townhouses that have 3 bedrooms.
Block C
Block C is to the rear of Block A at a right angle with an east/ west orientation, parallel to the southern side boundary.
· three attached three storey townhouses that have 3 bedrooms;
The buildings are to be constructed and finished in a variety of materials including concrete, hebel and colorbond cladding. The site will be landscaped using a mixture of native and exotic trees, shrubs and grasses.
The development has vehicular access to basement car parking and two at grade pedestrian access points from College Crescent.
Consultation
Community
In accordance with the Ku ring gai Local Centres DCP, owners of surrounding properties were notified of the application. In response, submissions from the following were received:
1. William & Patricia Vine – 24 College Crescent, St Ives
2. John & Cheryl Merlino – 20 College Crescent, St Ives
3. Phil & Belinda Burgess – 10 College Crescent, St Ives
4. Ray Tsui – 8 College Crescent, St Ives
5. Colin Chang & Sopheavy Thou - 12 College Crescent, St Ives
6. Karen Ambrose & Yuval Avrahami - 6 College Crescent, St Ives
7. Connie Cheung-Tong & Wendy Tong - 16 College Crescent, St Ives
8. Mark Smith - 14 College Crescent, St Ives
The application was subsequently amended and, in accordance with the Ku ring gai Local Centres DCP, owners of the surrounding properties were also notified of the amended plans. In response, submissions from the following were received:
1. Colin Chang - 12 College Crescent, St Ives
2. Christine Shaw 9-15 Link Road, St Ives
(on behalf of the Massada College)
The submissions raised the following issues:
The proposal is inconsistent with the neighbourhood and streetscape
It is acknowledged that the development is largely inconsistent with the existing neighbourhood. The area surrounding and including College Crescent is undergoing change, as the development of sites zoned for higher density through Ku-ring-gai Local Environmental Plan (Local Centres) 2012 occurs. The western side of College Crescent is zoned R3 and the development as proposed is consistent with the anticipated future character of the street under this zoining. Further, the proposal has been amended to retain important street trees and retains large deep soil landscaped street setbacks that are not occupied by private courtyards. The materials and colour palette for the development have been improved through amendments. The proposal is consistent with the envisaged character of the area under the R3 zoning..
Excessive density and overdevelopment of the site
The proposal satisfies all the development standards relating to building bulk, height and floor space, resulting in an appropriate development for the locality that is consistent with the outcomes anticipated by the R3 medium density zoning.
Inadequate car parking
The development provides the 21 car parking spaces as required by the Ku-ring-gai Local Centres Development Control Plan.
Traffic generation
Council's Development Engineer has not raised any concerns regarding impacts of traffic generation as a result of the development. The development, when considered against the Roads and Maritime Services 'Guide to Traffic Generating Developments' will generate very low levels of traffic that are within the capacity of College Crescent.
Light spill from cars exiting the basement
Amended plans have relocated the basement driveway to the approximate location of the existing driveway serving the existing dwelling at 15 College Crescent. The development is a low car movement generator and light spill is likely to be of low frequency and short duration.
Asbestos impacts
The demolition works are subject to the requirements of Workcover which regulates asbestos management and treatment (Condition 4).
Non-compliance with the Ku-ring-gai Local Centres Development Control Plan
The development is substantially compliant with the Ku-ring-gai Local Centres Development Control Plan. The development achieves the aims and development outcomes set out by the plan. Areas of non-compliance have been assessed upon their merits considering the development as a whole and its context and relationship to adjoining properties and the street. Each non-compliance has been addressed and all are considered to be acceptable.
Setback non-compliances
Minor setback non-compliances have been addressed by the applicant through amended plans, which were notified to neighbouring properties. The remaining setback non-compliances are addressed in the DCP compliance section of this report.
The development is not suited to older people
The development application is not made under the provisions of SEPP 'Housing for Seniors and People with a Disability' and, as such, is not required to cater to any particular demographic. Council's planning policy aims to provide for a range of housing types. In this regard, whilst the arrangement of rooms and spaces within the units over multiple levels might not meet the needs of certain age cohorts, the development meets the broader housing choice needs of the LGA.
Tree impacts
The driveway has been relocated towards the centre of the site to avoid impacts on large street trees. Council's Landscape Development Officer is satisfied that the development can be constructed within acceptable limits of impact to these trees, while allowing for their viability and retention.
Colour scheme
The materials and colour palette for the development have been amended and improved by the applicant. The proposal is now considered to be acceptable in this regard.
Privacy impacts
The potential for unreasonable overlooking resulting from the development is mitigated by largely compliant street and side setbacks and adequate building separation and building orientation within the site. The periphery of the site is to be held in common ownership and allows for uniform planting along the boundaries to form a visual screen and landscape scale for the development and to soften the built form.
The expected level of privacy to parts of neighbouring residential dwellings that face the street is less than those parts of dwellings that face the rear private open space. The development has been amended to retain visually significant street trees, which assists in maintaining a reasonable level of privacy consistent with that expected within a residential environment, to residential properties on the opposite side of College Crescent.
Construction traffic management
Council cannot control the timing for construction work of the development or adjacent proposed development. In this regard, each development application is assessed on its merit, based upon the information supplied by the applicant. The construction traffic management plan submitted with the development application has been assessed by Council's Development Engineer, and found to be adequate, subject to conditions of consent requiring a work zone along the frontage of the site and a “no parking” restriction opposite the site for the duration of the construction period (Conditions 9 and 10). Condition 9 will also serve to preclude the movement of construction vehicles between school drop off and pick up times.
Construction noise
Construction noise will be managed via conditions of consent which require a noise and vibration management plan to be prepared in accordance with AS2436 - 2010 and with the Office of Environment and Heritage Interim Construction Noise Guidelines to ensure minimal impacts for sensitive receptors (Condition 17 and 46).
Security fencing for the adjoining school
Any change or upgrade to fencing required by the school is a private matter between the relevant parties, falling under the provisions of the Dividing Fences Act. The application does not propose any changes to the existing fencing.
Within Council
Urban design
SEPP 65 aims to improve the design quality of residential flat buildings across New South Wales and to provide an assessment framework and design code for assessing “good design”.
SEPP65 defines a residential flat building as
'a building that comprises or includes:
(a) 3 or more storeys… and
(b) 4 or more self-contained dwellings.'
As the proposal is three storeys and contains twelve dwellings, SEPP65 and the Residential Flat Design Code are applicable. As such, an assessment of the proposal against the ten design principles contained within Part 2 of the SEPP and Council’s development controls has been undertaken by Council’s Urban Design Consultant.
The proposal has been substantially redesigned in response to the comments and suggestions of Council’s Urban Design Consultant. The amended plans, lodged on 7 August 2015, substantially address the urban design concerns raised. Remaining concerns are outlined in Council’s Urban Design consultant’s comments as follows:
Principle 1 - Context
The proposed development is consistent with the R3 zoning. There is a clear spatial definition of the streetscape and site entries reflect the existing subdivision pattern, one central entry for the majority of dwellings and a second street entry to the south of the site.
The site arrangement is rational, with three distinct buildings accommodating 5 townhouses in Block A addressing College Crescent as the primary street address, 4 townhouses in Block B addressing an internal pathway and oriented to north, and 3 townhouses in Block C at the rear of the site that have been realigned to address the internal communal space.
Amendments to the materials palette have adequately addressed previously identified issues (refer Built Form and Aesthetics). While it is acknowledged that there has been some loss to the articulation of the Level 1 eastern façade, this has been generally a result of requirements to better address the front landscape setback and streetscape character and is accepted, subject to minor adjustments detailed elsewhere in this report.
Principle 2 – Scale
Proposed building typology makes a positive contribution to the transition from R2 built form to the east and R4 built form to the west.
The arrangement of the permissible building envelope breaks the mass into 3 separate buildings, which results in each Block presenting an overall scale and bulk that is consistent with the townhouse typology, responds to the existing and surrounding subdivision pattern, and responds to the low density residential housing to the east. Likewise, proposed height is consistent with the urban strategy objectives and achieves a positive transition between the high and low-density land use zones.
Principle 3 - Built Form
Generally, the built form establishes a clear definition of the street defined by the arrangement of building mass.
There is a consistent building alignment addressing College Crescent interposed by a rhythm of recessed and protruding ‘bay’ elements that relate to the internal planning arrangements, integrate each townhouse entry and make a positive contribution to the surrounding streetscape.
There is a clear arrangement of building elements that communicates a hierarchy of the more public to private internal functions within each townhouse. While the overall composition is positive, there is a level of detail missing in the expression of the building elements. This is both in
the physical architectural detailing of these elements combined with a materials palette that is too limited.
Amendments have addressed the encroachment of the front setback and are acceptable. Encroachments on the western (rear)boundary are supported because there are no impacts either within the site or to the neighbouring, recently constructed residential flat building. Likewise, setbacks to the north and south are satisfactory and do not impact upon the development potential or amenity of the neighbouring property to the north and the school to the south.
The amendments to the materials palette have generally addressed previously identified urban design issues of façade expression. As noted above, condition of consent is recommended to include external solar protection of openings with a westerly or easterly aspect in habitable rooms in Block A. (Condition 22). However, these are not to include fixed, unoperable louvres.
Principle 4 - Density
The proposed density achieves the permitted FSR.
Amendments have rotated Block C which has addressed previously identified impacts of building separation, visual and acoustic privacy between Building A and solar access.
Principle 5 - Resources, Energy and Water Efficiency
The application proposes demolition of all existing structures and no reuse of materials on-site, so appropriate measures are required to maximise opportunities for recycling off-site.
The majority of dwellings now have a northerly aspect (7 of the 12) which is commended.
Proposed deep soil will enable large trees around the perimeter and front landscape zones of the site with amendments to the physical space available and/or landscape resolution along the eastern, northern and southern setback zones.
Generally, the internal layouts of all townhouses demonstrate an efficient use of space and will achieve good cross ventilation to all dwellings across the development.
Amendments to the materials palette have adequately considered ongoing maintenance in terms of cost and longevity and the effect on the architectural character over time.
Windows with an aspect to west or east are to provide external shading devices integrated with the architectural composition and proposed building character. This is to minimise heat load into rooms thus affected, generally being bedrooms and Level 1 as previously identified. This is addressed by a condition of consent (Condition 22).
Principle 6 - Landscape
Proposed private courtyards enable access for on-going garden maintenance and deep soil landscaping to be provided around the perimeter of the site. This is consistent with the landscape objectives for Ku-ring-gai.
Retention of street trees is supported as this will retain much of the existing landscape character of College Crescent. The southern part of College Crescent has a more regular spacing of street trees along the Masada frontage, with the northern and southern ends being more densely vegetated with much larger species of eucalypts.
Additional information regarding courtyard fencing has been submitted, including all top-of-wall heights of all walls and fencing. Again a Condition of consent is recommended to ensure that fencing above 1200mm allows for a level of transparency, while adequately addressing privacy (Condition 22).
Primary private open space for all dwellings is satisfactory.
Principle 7 - Amenity
Generally, the internal layouts of all the townhouses are rational and efficient. The following items previously identified have been adequately addressed:
Room sizes – Amendments have addressed minimum room sizes to Block B, although it is noted that dining rooms of Townhouses 01-05 in Block A do not achieve minimum room dimensions. None-the-less, we find that these rooms are located on external walls, receive natural light and direct solar access, can be naturally ventilated, are furnishable, and thus achieve good amenity.
Storage – Amendments have satisfied previous issue.
Solar Access – Amendments have satisfied previous issue.
Visual and Acoustic Privacy – Amendments have satisfied previous issue.
Accessibility throughout the development – Amendments have satisfied previous issue. A second street address at the southern side of the site now achieves a continuous and accessible path of travel to all of the 12 dwellings.
Principle 8 - Safety and Security
Clear lines of sight are achieved throughout the proposed development.
Block A achieves opportunities for passive surveillance across the street frontage.
The building entries and pathways achieve easy wayfinding.
The amendments to the orientation of Block C have provided a better address for the primary communal space so that passive surveillance from primary living spaces and outdoor areas can be achieved and the communal space is better integrated.
The basement car park design achieves clear sightlines within the basement and to exits and the garbage storage area.
Principle 9 - Social dimensions
All dwellings are similar (all 3-bedroom) and present similar internal layouts. However, when considered in the context of housing typology, the provision of townhouses achieves the objective for housing choice within St Ives.
Disabled access across the site has been addressed so that equitable access is achieved and meets BCA and AS requirements. It is noted that two adaptable dwellings are required to fulfil accessibility obligations although only one is proposed. Ultimately, this will be a matter for Council but, from an urban design perspective, disabled access has been greatly improved across the site and overall amenity has been achieved. The widths of all internal stairs appear able to accommodate a stair-chair should a resident’s needs change and thus the deficiency can be supported on urban design grounds.
The children’s play area within the communal space will attract young families to a higher density housing option and is supported.
Principle 10 - Aesthetics
In terms of fundamental design decisions, there is a clear hierarchy of building elements that reflects the internal layout on the external façade composition. While the design rationale is clear, the architectural expression has been paired back to the extent that the architectural character that had previously been identified as not achieving Ku-ring-gai’s urban strategy objectives.
Amendments to, and application of the materials palette has generally addressed the previously identified issues.
Landscaping
Council’s Landscape Assessment Officer commented on the final amended plans as follows:-
“Tree impacts
The nominated tree removal is acceptable. The trees to be removed, although providing site amenity, do not have broader landscape significance and can be replaced in the short term with the proposed landscape works.
An arboricultural impact assessment report was submitted. The report did not sufficiently assess the installation of a 375mm pipe 53m long within the structural root zones of numerous street trees. While the proposed pipe is located within the road pavement adjacent to the kerb, there is a high likelihood that structural roots may be encountered. This may have an adverse impact to the existing avenue planting that strongly characterises the College Crescent streetscape. The arborist has stated that drainage works within the SRZ of Tree A shall be above ground, which is impractical for an underground 375mm pipe. To overcome the issue, is conditioned for the pipe to be relocated further within the road reserve outside of the root zone (Condition 35).
Tree A/15 is a Liquidambar styraciflua (Sweet Gum) located within the College Crescent nature strip/road reserve. The previous concerns raised with the application have been satisfactorily resolved with the relocation of the driveway.
Trees ET1 and ET2 are recommended to be removed by project arborist due to construction impacts. There is no objection this.
Tree ET3 is a Leighton’s Green Cypress hedge. Although not directly impacted upon, they are an undesired species however issues will arise due to their eventual size and density. As a consequence, their removal is preferred (Condition 62).
Trees ET4 and ET5 are recommended to be removed by the project arborist due to excavation and construction impacts. Both trees are in fair health and condition, there is no objection to this.
In relation to ETA and other street tree plantings – refer above regarding proposed stormwater drainage works within the road pavement.
Tree ETD straddles the northern site boundary. The excavation of the site frontage will result in the removal of the root plate. The species is an urban weed and exempt under KLCDCP 13.2. Its removal may be supported with co-owners consent, alternatively the TPZ shall remain at existing levels (Condition 18).
Landscape plan/tree replenishment
Tree replenishment as required under Council’s controls has been satisfied
Stormwater plan
The proposed drainage works on site are acceptable with regard to landscape outcomes.
BASIX
The development is assessed as being consistent with the BASIX certificate for landscape areas and low water use/indigenous plantings.
Deep soil
KLCDCP requires a minimum 40% of the site area to be maintained as deep soil landscape area. For this site a minimum of 801.5sqm is required. By the applicant’s calculations the proposed development will result in a deep soil landscape area of 856.9sqm or 43% of the site area. The assessing landscape officer is in agreement with the areas included within the deep soil calculable area and the development is in compliance with the KLCDCP requirement.
Other comments
The excavation of the site frontage by up to 1.5 metres is not a desirable landscape outcome as it strips away all the available topsoil and impacts upon the natural soil profiles within the deep soil landscape area. It is conditioned for existing ground levels forward of Dwelling 6 to be retained (Condition18).
Conclusion
The application is acceptable on landscape grounds, subject to conditions.
Engineering
Council’s Development Engineer commented on the final amended plans as follow:-
Stormwater disposal
The subject site has a gradual fall of approximately 2.6m from the rear, north western, corner through to the front, south eastern, corner. A 1 metre wide drainage easement, which benefits the adjoining residential development (132-138 Killeaton Street) to the west of the site, runs parallel with the site’s southern side boundary. The proposed development will not impact the existing easement and associated drainage pipe.
The stormwater design shows the collection and discharge of all roof water to a combined belowground on-site detention tank (OSD) and retention tank (OSR) of 30m3 and 20m,3 respectively ,located beneath the driveway area. The overflow from the OSD/OSR facility is to be conveyed to a new kerb inlet pit in front of the proposed development, with a new 375mm diameter pipe extended to the existing pit (inlet pit to be upgraded) in College Crescent for approximately 53 metres.
Given that the proposal includes the installation of a 375mm drainage pipe adjacent to the kerb, the pipe is within the structural root zone of numerous street trees which form part of a prominent avenue planting. It is conditioned that the pipe be relocated from the kerb a couple of metres to increase the setback from the trees. The design engineer will be required to check the required pipe capacity as there is a 45 degrees bend required when connecting into the new kerb inlet pits (Condition 35).
According to the Stormwater Quality Report, dated 12 December 2014 prepared by Acor Consultants, the 50% reduction in runoff days required under Volume C, Part 4B.3 of the DCP has been satisfied. A revised BASIX Certificate has been submitted, with the water commitments not requiring rainwater retention. According to the Stream Flow and Stormwater Quality Report, toilet flushing and irrigation is proposed. This will satisfy Council’s streamflow objectives.
A pump-out system, with storage capacity of 10m3 , has been provided within the basement carpark to drain the basement subsoil drainage and driveway area of 105m2 with the rising main directed to the OSD tank. The pump-out tank has been sized in accordance with AS3500.3:2003 and the Local Centres DCP requirements.
The design has provided a proprietary gross pollutant trap (GPT) ‘Stormwater 360 - Enviropod’, located within Pit 12 as depicted on the stormwater plan located downstream of the detention system to capture litter, debris and other pollutants prior to connection into Council’s public drainage system. The stormwater treatment standards / targets outlined in Council’s Local Centres DCP Volume C, Clause 4B.6 would be achieved.
Traffic generation
The traffic generation rates specified in the Traffic Report are incorrect. According to Roads & Maritime Services (RMS) ‘Guide to Traffic Generating Developments’, a peak hour traffic generation rate for medium density residential development is in the range of 0.5– 0.65 vehicle trips per hour (vtph) per unit , while large single dwellings generate some 0.85 vehicle trips per hour (vtph). The traffic generation circumstances relative to the proposed development in the morning and afternoon peak periods are as follows:
existing dwellings - 2 vehicle trips per hour
proposed 12 dwellings - 8 vehicle trips per hour
Thus potential additional peak generation of some 6 vtph represents a relatively minor movement of only 1 vehicle movement every 10 minutes and these movements will largely be in the same direction (i.e. OUT in the morning and IN during the evening).
According to the above guidelines, this is considered to be very low traffic generation. The increase in traffic flows in College Crescent is not expected to have a significant effect on traffic flows or on the operation of the intersection on Mona Vale Road and Link Road.
Vehicle access and accommodation arrangements
The parking provisions have been determined using KLCDCP for multi-dwelling housing. There are no Railway Stations within 400m walking distance. The following parking provisions have been adopted:
Ku-ring-gai Council Local Centres DCP Volume C Clause 2R.2 ‘Car Parking Rates’
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Multi-Dwelling Housing |
Parking Space Requirement |
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1 bedroom unit |
1 space per unit |
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2 bedroom unit |
1.25 space per unit |
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3 bedroom unit |
1.5 spaces per unit |
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Visitor car spaces |
1 space per 4 units |
12 x 3 bedrooms = 12 x 1.5 spaces/unit = 18 spaces
12 dwellings - visitor space/4 dwellings = 3 visitor spaces
Total parking spaces required = 21 spaces
The development provides 21 off-street parking spaces, comprising 18 residents’ spaces and 3 visitor spaces (includes 1 visitor disabled space) which satisfies the car parking requirements.
The basement plan shows the visitor space doubling as a temporary services and removalist space which is acceptable. This parking space could also act as a disabled parking space which in this instance the parking space dimension can be increased to 3.8m. This would need to be properly signposted.
The adaptable parking space complies with AS2890.6:2009 with regards to having a minimum width of 2.4m plus 2.4m shared area.
Vehicle access to the car parking facility is to be provided via a new 5.5m wide entry / exit driveway crossing for two-way traffic movements. The driveway’s clear width also satisfies the requirements of Volume C, Clause 2.2 of the DCP.
The two (2) visitor spaces are to be provided as parallel parking bays. Whilst the visitor spaces (No.’s 10 and 11) appear difficult to drive out of, swept paths have been provided demonstrating multiple point turns to enter and exit the parking spaces and leave in a forward direction.
A driveway longitudinal section has been shown on the architectural plan. The design includes a maximum gradient of 5% for the first 6 metres from the boundary and a maximum grade of 20%. The driveway gradients comply with Australian Standard 2890.1 (2004) “Off-Street car parking” as do the dimensions of the parking bay, ramp grades and aisle widths.
Waste collection
The development allows a garbage truck to enter and depart the garbage/room recycle storage area in a forward direction. The turning manoeuvrability is suitable for the small waste collection vehicle as shown by the swept paths within the Appendix of the Traffic Report. The driveway grades are suitable for the small waste collection vehicle. A clear head height of 2.6m shown on the section plan has been provided to access the basement area and also provided over the travel path of the waste service vehicle. The sizing of the garbage collection room is adequate to provide 12x240L bins for waste, paper and recycling to satisfy the minimum bin requirements.
The requirements as per Volume C, Part 3.4 of the Local Centres DCP have been satisfied.
Construction management
An indicative Construction Traffic Management Plan (CTMP) has been submitted, showing site entry and exit, truck routes and turning paths for vehicles entering and leaving the site for all stages of the development. The construction vehicle specified is the 8.8m MRV which would be reduced to a 6.4m SRV during the construction stage. It is conditioned that a work zone be provided along the site frontage together with a ‘No Parking’ restriction opposite the access for the construction period (Condition 9).
The construction traffic management plan (CTMP) submitted with the DA would need to be updated and also include necessary Traffic Control Plans (TCP) and must be submitted for review by Council Engineers prior to the commencement of any works on site. A condition is also recommended that no construction vehicles movements are to occur during the school drop-off (8.00am to 9.30am) and pick-up hours (2.30pm to 4.00pm) on school days (Condition 9).
Impacts on Council infrastructure
It is conditioned that detailed design drawings for the new kerb inlet pits and new 375mm diameter reinforced concrete pipe to Council’s street drainage system are to be submitted and assessed by Council’s Operations Department for approval under the Roads Act (Condition 35).
Geotechnical investigation
The preliminary investigation was undertaken based on borehole testing. The results identified subsurface conditions comprising of fill and top soil overlaying silty clays. The report states that no groundwater was observed during the fieldwork but was encountered after a period of 4 days at 2.25m and 3.9m depth, respectively ,in two boreholes. The report states that all other recommendations during the construction phase shall be carried out as specified within the report (Condition 50).
Given the setback of 3m from the basement wall to the rear boundary and extent of basement excavation, a dilapidation survey in this instance may not be required to be undertaken for the units (132-138 Killeaton Street) facing west of the proposed development. The development at 9-11 College Crescent has recently been approved for the construction for a 12 townhouses with basement parking. A condition is recommended requiring that a dilapidation survey be submitted in the event that construction does commence on the neighbouring site (Condition 8).
Response to submissions
Submissions have been received which raise traffic and construction traffic as issues.
The site has been zoned for this type of development. Parking rates are specified in Council’s planning controls so that adequate space is provided for residents and visitors within these developments and parking does not spill over into the surrounding streets. The off-street parking provided satisfies Council’s car parking rates.
The traffic report does justify that the projected increase in traffic activity is minimal and is not expected to significantly affect traffic flows in the surrounding road network.
Council’s Team Leader Traffic provided the following comments:
College Crescent is a local residential street that has a pavement width of 7.9m kerb to kerb. The street is heavily used by Masada College Students during school hours and there are no parking restrictions. There were a few complaints from College Crescent residents regarding traffic and parking congestion in the street but none of them supported any parking restrictions when consulted. Therefore, there have been no parking restrictions in place and vehicles managed to traverse between parked vehicles.
Statutory Provisions
Environmental Planning and Assessment Act 1979 (EP&A Act)
The proposal is ‘Local Development’ under Part 4 of the EP&A Act and requires development consent.
The provisions of Section 79C (1) of the EP&A Act determine the matters for consideration in assessing a development application as stated below:
(a) The provisions of:
(i) any environmental planning instrument, and
(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and
(iii) any development control plan; and
(iv) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and
(v) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and
(vi) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates.
(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,
(c) the suitability of the site for the development,
(d) any submissions made in accordance with this Act or the regulations,
(e) the public interest.
The relevant provisions of environmental planning instruments, proposed instruments, DCPs, the regulations and policies are addressed in the following sections of this report. The likely impacts, suitability of the site and public interest are also addressed below and the submissions received have previously been addressed.
State Environmental Planning Policies
Sydney Regional Environmental Plan No.20 Hawkesbury Nepean River (SREP 20)
SREP 20 applies to land within the catchment of the Hawkesbury Nepean River. The general aim of the plan is to ensure that development and future land uses within the catchment are considered in a regional context. The Plan includes strategies for the assessment of development in relation to water quality and quantity, scenic quality, aquaculture, recreation and tourism.
The proposal is considered to achieve the relevant aims under this policy on the basis of the proposal not being located within close proximity to a waterway and Council’s Development Engineer has not raised any objections regarding stormwater drainage.
State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55)
The provisions of SEPP 55 require consideration of the potential for a site to be contaminated. The site has a history of residential use and is unlikely to be contaminated. Further investigation is not warranted.
State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 (BASIX)
An amended BASIX certificate was submitted with the amended plans. The application documentation is consistent with the commitments identified in the BASIX certificates.
State Environmental Planning Policy No 65-Design Quality of Residential Flat Development (SEPP65)
SEPP 65 applies typically to high density residential flat developments. The objective of the controls are to ensure residential flat developments are of a quality design and provide high quality amenity to the future residents and those surrounding.
The development proposal has been designed as a multi dwelling development pursuant of the Local Centres LEP and its supporting DCP.
Within SEPP 65, a residential flat development is in part, defined as:
….a building that comprises or includes:
(a) 3 or more storeys (not including levels below ground level provided for car parking or storage, or both, that protrude less than 1.2m above ground level), and
(b) 4 or more self-contained dwellings (whether or not the building includes uses for other purposes, such as shops)….
The development proposed is 3 storeys and contains more than 4 dwellings, satisfying parts A and B of the definition.
The development is therefore, for the purposes of SEPP 65, defined as a residential flat building and the Policy applies.
Clause 50(1A) of the Environmental Planning and Assessment Regulation 2000 requires that an application made to Council for a residential flat development as defined by SEPP 65 be accompanied by a design verification statement that the designing architect has incorporated through the designing process of the project, the design principals of the SEPP and that the designing architect is a qualified designer. Council has been provided with the necessary design verification statement.
The application therefore satisfies this requirement of SEPP 65.
The proposal has been assessed by Council’s Urban Design Consultant against the ten design quality principles under SEPP65 and it is concluded that the proposal, subject to conditions, is satisfactory in this regard.
2015 Review of SEPP 65 & Residential Flat Design Code
A comprehensive review of SEPP 65 was finalised in 2015. The review resulted in a number of changes to the policy, including the overhaul of the Residential Flat Design Code to produce the Apartment Design Guide. These changes were made to further improve apartment design, and to help improve housing affordability and supply.
The changes to SEPP 65 commenced on 17 July 2015, however include savings provisions. For development applications lodged prior to 19 June 2015, the Residential Flat Design Code applies.
Residential Flat Design Code Compliance Table
Pursuant to Clause 30(2) of SEPP 65, in determining a development application for a residential flat building, the consent authority is to take into consideration the Residential Flat Design Code (RFDC). The following table is an assessment of the proposal against the guidelines provided in the RFDC.
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PART 02 SITE DESIGN |
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Site Configuration |
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Deep Soil Zones |
A minimum of 25 percent of the open space area of a site should be a deep soil zone; more is desirable. Exceptions may be made in urban areas where sites are built out and there is no capacity for water infiltration. In these instances, stormwater treatment measures must be integrated with the design of the residential flat building. |
YES |
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Fences + walls |
Define the edges between public and private land to provide privacy and security and contribute positively to the public domain. |
YES |
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Open Space |
The area of communal open space required should generally be at least between 25 and 30 percent of the site area. Larger sites and brown field sites may have potential for more than 30 percent. |
N/A |
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The minimum recommended area of private open space for each apartment at ground level or similar space on a structure, such as on a podium or car park, is 25m2 . |
YES |
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Orientation |
Optimise solar access, contribute positively to desired streetscape character, support landscape design with consolidated open space areas, protect amenity of existing development and improve thermal efficiency. |
YES |
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Stormwater management |
Minimise impact on the health and amenity of natural waterways, preserve existing topographic and natural features and minimise the discharge of sediment and other pollutants to the stormwater drainage system. |
YES |
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Safety
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Carry out a formal crime risk assessment for all residential developments of more than 20 new dwellings. |
N/A |
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Ensure Residential flat developments are safe and secure for residents and visitors. |
YES |
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Visual Privacy |
up to four storeys/12 metres
- 12 metres between habitable rooms/balconies - 9 metres between habitable/balconies and non-habitable rooms - 6 metres between non-habitable rooms
five to eight storeys/up to 25 metres
- 18 metres between habitable rooms/balconies - 13 metres between habitable/balconies and non-habitable rooms - 9 metres between non-habitable rooms |
NO – privacy screens are provided |
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Building Entry |
Create entrances which provide a desirable residential identity, provide clear orientation for visitors and contribute positively to the streetscape and building façade design. |
YES |
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Parking |
Provide adequate parking for occupants, visitors and disabled. |
YES |
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Pedestrian Access |
Identify the access requirements from the street or car parking area to the apartment entrance. |
YES |
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Follow the accessibility standard set out in Australian Standard AS 1428 (parts 1 and 2), as a minimum.
Provide barrier free access to at least 20 percent of dwellings in the development. |
YES |
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PART 03 BUILDING DESIGN |
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Building Configuration |
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Apartment layout |
Single-aspect apartments should be limited in depth to 8 metres from a window. |
N/A |
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The back of a kitchen should be no more than 8 metres from a window. |
YES |
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The width of cross-over or cross-through apartments over 15 metres deep should be 4 metres or greater to avoid deep narrow apartment layouts. |
YES |
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If Council chooses to standardise apartment sizes, a range of sizes that do not exclude affordable housing should be used. As a guide, the Affordable Housing Service suggest the following minimum apartment sizes, which can contribute to housing affordability: (apartment size is only one factor influencing affordability)
- 1 bedroom apartment 50m² - 2 bedroom apartment 70m² - 3 bedroom apartment 95m² |
YES |
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Apartment Mix |
Include a mixture of unit types for increased housing choice. |
YES |
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Balconies |
Provide primary balconies for all apartments with a minimum depth of 2 metres. Developments which seek to vary from the minimum standards must demonstrate that negative impacts from the context-noise, wind – can be satisfactorily mitigated with design solutions. |
YES |
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Ceiling Heights |
The following recommended minimum dimensions are measured from finished floor level (FFL) to finished ceiling level (FCL).
- in residential flat buildings or other residential floors in mixed use buildings: - in general, 2.7 metres minimum for all habitable rooms on all floors, 2.4 metres is the preferred minimum for all non-habitable rooms, however 2.25m is permitted. |
YES |
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Ground Floor Apartments |
Optimise the number of ground floor apartments with separate entries and consider requiring an appropriate percentage of accessible units. This relates to the desired streetscape and topography of the site.
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YES |
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Provide ground floor apartments with access to private open space, preferably as a terrace or garden.
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YES |
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Internal Circulation |
In general, where units are arranged off a double-loaded corridor, the number of units accessible from a single core/corridor should be limited to eight.
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N/A |
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Storage |
In addition to kitchen cupboards and bedroom wardrobes, provide accessible storage facilities at the following rates:
- studio apartments 6m³ - one-bedroom apartments 6m³ - two-bedroom apartments 8m³ - three plus bedroom apartments 10m³ |
YES |
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Building Amenity |
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Acoustic Privacy |
Ensure a high level of amenity by protecting the privacy of residents within apartments and private open space |
YES |
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Daylight Access |
Living rooms and private open spaces for at least 70% of apartments in a development should receive a minimum of three hours direct sunlight between 9am and 3pm in mid-winter. |
YES |
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Limit the number of single-aspect apartments with a southerly aspect (SW-SE) to a maximum of 10% of the total units proposed. |
N/A |
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Natural Ventilation |
Building depths, which support natural ventilation typically, range from 10 to 18 metres. |
YES |
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Sixty percent (60%) of residential units should be naturally cross ventilated. |
YES |
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Twenty five percent (25%) of kitchens within a development should have access to natural ventilation. |
YES |
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Building Performance |
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Waste Management |
Supply waste management plans as part of the development application submission as per the NSW Waste Board.
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YES |
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Water Conservation |
Rainwater is not to be collected from roofs coated with lead- or bitumen-based paints, or from asbestos- cement roofs. Normal guttering is sufficient for water collections provided that it is kept clear of leaves and debris. |
YES |
Visual privacy
A building separation distance of 12 metres is required between habitable rooms/balconies of adjacent buildings. The level 1 south facing terrace of Block C is not set back a distance that is equivalent to half of the required building separation (being 6 metres) between buildings on the subject lot and adjoining lot. The adjoining property is used for the purposes of playing fields associated with the adjoining school. The terrace has a setback of 4.9 metres from the southern boundary. The proposed terraces relate to bedroom spaces within the units, and the degree of building separation proposed will not unduly impact privacy to neighbouring properties. The development does not provide half of the required building separation within the subject allotment, however the proposed separation which is technically compliant due to the absence of buildings on the adjoining allotment in proximity to the boundary, is considered acceptable on its merits in this instance.
Local Content
Ku-ring-gai LEP (Local Centres) 2012 (Local Centres LEP)
Zoning and permissibility:
The site is located within the ‘R3 Medium Density Residential’ zone. The proposed development is defined as a multi-dwelling housing, which is a permissible form of development in the zone.
Zone objectives:
The development:
· provides for the housing needs of the community within a medium density residential environment
• provides for a variety of housing types within a medium density residential environment
• supports the use of the land to provide facilities or services to meet the day to day needs of residents
• provides a transition between low density residential housing and higher density forms of development
The proposed development therefore upholds the zone objectives.
Principal development standards
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Development standard |
Proposed |
Complies |
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Site area: 2003.9m2 |
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Cl. 4.3 Height of buildings 11.5m (max) |
< 11.5m |
YES |
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Cl. 4.4 FSR 0.8:1 |
0.77:1 |
YES |
Clause 5.9 Preservation of trees or vegetation
Council’s Landscape Assessment Officer is satisfied that the proposed development will not unduly impact upon any significant trees or vegetation, subject to conditions.
Clause 6.1 Earthworks
The proposal involves excavation to construct a basement. The basement is appropriately located away from property boundaries such that the excavation will not affect adjoining properties and will not have a detrimental impact on the site and its surrounding environment.
Clause 6.2 Storm water and water sensitive urban design
Council’s Development Engineer has given consideration to the objective of this clause which seeks to minimise the adverse impacts of urban water on the site and within the catchment. The stormwater design adequately manages water quality and control discharge volumes and frequency.
Clause 6.5: Site requirements for multi dwelling housing and residential flat buildings
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Development standard |
Proposed |
Complies |
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Cl. 6.5 Site area 1,200m² (min) |
2003.9m2 |
YES |
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Cl. 6.5 Street frontage Site area <1,800m² = 24m (min) |
49.6m |
YES
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The proposal satisfies the Local Centres LEP street frontage development standard for multi dwelling sites greater than 1800m2.
Policy Provisions (DCPs, Council policies, strategies and management plans)
Ku-ring-gai Local Centres Development Control Plan
The proposed development has been assessed against the aims of the policy and is found to be acceptable in all relevant respects.
Volume A
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COMPLIANCE TABLE |
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Development control |
Proposed |
Complies |
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Volume A |
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Part 6 Multi Dwelling Housing Controls |
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Part 6A Site Design |
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6A.1 Site layout |
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Site layout to respond to site analysis
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Site analysis provided |
YES |
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Any dwelling with a frontage to the street must address the street
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Six townhouses have frontage to, and address, the street
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YES
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Minimum of one dwelling to address the street
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Six townhouses face the street |
YES |
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Minimise hard surface to maximise landscaping
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Hard surface kept to minimum |
YES |
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Long straight driveways will not be permitted. Buildings and fences to be staggered
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Short straight driveway proposed
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YES |
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Provide single pedestrian entry from street level
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A pedestrian entry is provided at street level from College Crescent
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YES |
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Layout to be based on figure 6A.1-2
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Site layout does reflect the recommended layout
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YES |
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6A.2 Building setbacks |
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10m from primary street boundary (min) |
Predominantly 10m – one element of unit 6 is 8m |
NO (refer to discussion below)
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Parallel to prevailing building line |
Parallel to building line |
YES
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3m side setback from any side boundary (min)
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3m
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YES
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Driveways set back 3m from side boundary (min) to allow for deep soil planting
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10.3m
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YES |
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Setback areas not be used for at grade parking |
No at grade parking |
N/A
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6m rear setback (min)
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3m |
NO (refer to discussion below)
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Basement areas must meet the street and rear setback requirements and be a minimum of 3m from any side boundary
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Rear: 2m
Street: 10m
Side: 3m – 6m |
NO (refer to discussion below)
YES
YES
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Ground floor private terraces/courtyards must have: 8m setback from street boundary (min) 3m setback from side boundary (min)
4m setback from rear boundary (min)
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8m
1.8m setback to private terraces/courtyards
3m
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YES
NO (proposal meets deep soil requirements see below)
NO (refer to discussion below)
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Ground floor side setback encroachment by private terraces/courtyards only if deep soil planting requirements are met.
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Proposal exceeds deep soil planting requirements (856.9sqm or 43 %) |
YES
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15% (max) of the total area of any street setback is to be occupied by private terraces/courtyards.
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8%
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YES
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6A.3 Building separation |
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The minimum separation between residential buildings on the development site and the adjoining sites must comply with the following:
Up to 2nd Storey: i) 3m between non habitable rooms ii) 6m between rooms/balconies in all other cases
3rd Storey: i) 12m between habitable rooms/balconies
ii) 7m between habitable rooms/balcony and non-habitable room
iii) 3m between non-habitable rooms |
>3m >6m
>6m
6m
N/A
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YES YES
NO (refer to discussion below)
NO (refer to discussion below)
N/A
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6A.4 Site coverage |
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Maximum site coverage of 40% for townhouses
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31% |
YES |
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6A.5 Deep soil landscaping |
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Multi-unit dwelling development must have deep soil landscaping of 40% (min) |
(856.9sqm or 43 %) |
YES |
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Lots with the following sizes are to support a minimum number of tall trees capable of attaining a mature height of 13m on shale transitional soil or 10m on sandstone derived soils:
1200m2 or less: 1 per 400m2 of site area 1201-1800m2 : 1 per 350m2 of site area 1801m2 or more: 1 per 300m2 of site area
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6 canopy trees |
YES |
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At least 50% of all tree plantings are to be locally occurring trees and spread around the site.
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>50% |
YES |
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Part 6B Access and Parking |
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6B.1 Vehicle Access |
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Driveway located 3m (min) from side boundary and separated by a continuous landscaped verge & screen planting
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Driveway located 10.3m from boundary |
YES |
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One driveway (max)
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Only one driveway is proposed |
YES |
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Driveway designed to avoid straight, long gun barrel appearance by use of landscaping and variations in alignment
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Driveway design avoids long gun barrel appearance |
YES |
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On-site vehicle turning areas designed to permit turning in a single reversing movement
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Vehicle turning areas allow turning in a single reversing movement |
YES |
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On-site vehicle turning areas must be located within the basement or concealed from the view of the public domain
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Turning areas located in the basement |
YES |
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If provided in basement, waste and recycling room to be 2.6m ceiling height (min) along path of travel from street to residential waste collection and manoeuvring area and kept free of overhead ducts, services and other obstructions
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>2.6m ceiling height along path of travel |
YES |
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6B.2 Car parking provision |
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Basement car parking must be consolidated under building footprint
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Basement consolidated under building footprint |
YES |
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The basement car park must not project more than 1m above existing ground level to the floor level of the storey immediately above
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Maximum 900mm projection
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YES |
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Wherever possible, direct access must be provided from basement car parks to entry
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Direct access provided from basement car parks to central entry path |
YES |
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Car parking spaces, circulation areas, roadways and ramps are to comply with AS2890.1
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Council’s Senior Development Engineer is satisfied that compliance is achieved |
YES |
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Car parking rates: (Volume C Part 2R.2)
1 bedroom unit: 1 space 2 bedroom unit: min. multiple of 1.25 spaces per unit 3 bedroom unit: min. multiple of 1.5 spaces per unit
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The development proposes 12 dwellings, each containing 3 bedrooms. Therefore: 12 x 1.5 spaces/unit = 18 spaces. 21 spaces are proposed |
YES |
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Visitor parking: 1 space per 4 units
1 space to be adaptable by complying with dimensional and locational requirements of AS2890.6.
One space to be provided with tap to make provision for on-site car washing
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3 visitor spaces
Council’s Senior Development Engineer is satisfied that compliance is achieved
Car wash space has been provided |
YES
YES
YES |
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Clearly signposted space for temporary parking of service and removalist vehicles with min. dimension of 3.5m x 6m and min. manoeuvring area 7m wide (where not provided, one of visitor spaces may be used if it meets these dimensions)
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Temporary service/car wash space provided which satisfies minimum dimensions. |
YES
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6B.3 Bicycle parking provision |
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Where basement parking is provided:
1 bicycle parking space per 5 units (or part thereof) for residents within residential car park area; and 1 bicycle parking space (in the form of a bicycle rail) per 10 units (or part thereof) for visitors within visitor car park area
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4 bike parking spaces and facilities are provided within the basement.
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YES
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Part 6C. Building Design and Sustainability |
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6C.1 Communal open space |
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Communal open space must be provided where more than 10 dwellings are proposed that do not address the street and must be 8% of the site area with a minimum dimension of 8m.
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There are six dwellings do not address the street – no communal open space area is required, however the applicant has provided an area of 124m2 |
YES |
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6C.2 Private open space |
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Multi-dwelling housing development must provide a minimum (internal dimension) 35m² of private open space per dwelling at ground floor, and must ensure:
i) a single space of minimum 25m² with a minimum internal dimension of 4m and direct access from a living area of the dwelling; and ii) the remaining spaces must have a minimum internal dimension of 2m |
>25m2 and >5m dimension
2m |
YES
YES
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Primary private open space is to have direct access from the main living areas
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All primary private open space areas have direct access from main living area |
YES |
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Private open space (outdoor) for ground floor dwellings is to be differentiated from common areas by:
i) Change in level and/or: ii) screen planting such as hedges or shrubs and/or; iii) fence/wall to max height of 1.8m. Any solid wall component to have max 1.2m height with 30% transparent component on top. Gate to be provided from common area |
Landscape plan indicates fences to define the line of private open space. |
YES |
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6C.3 Solar access |
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Dwellings must receive min 3 hours direct sunlight to at least one living room & primary private open space between 9am - 3pm on 21st June
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All townhouses receive 3 hours of direct sunlight to one living room.
Townhouses 7 and 8 do not receive 3 hours of direct sunlight to principal private open space. |
YES
NO (refer to discussion below) |
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Min. 3 hours between 9am – 3pm on 21st June to living areas and principal portion of private open space of existing residential flat buildings and multi-dwelling housing on adjoining lots and residential development in adjoining lower density zones
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3 hours of sunlight retained
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YES |
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Overshadowing must not compromise the development potential of the adjoining under-developed site(s)
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Adjoining undeveloped sites will not be affected with more than 3 hours of overshadowing. |
YES |
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All development must utilise shading and glare control
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Eaves, window hoods and general roof form will provide shade to the majority of windows to habitable rooms |
YES |
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6C.4 Natural ventilation |
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All habitable rooms are to have windows or doors that can be opened and closed
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All habitable rooms have windows or doors that can be opened and closed |
YES |
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All dwellings must have natural cross ventilation
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All dwellings have natural cross ventilation |
YES |
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At least 25% of all kitchens are to be immediately adjacent to an operable window
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25% of kitchens immediately adjacent to an operable window |
YES |
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All habitable rooms are to be naturally ventilated without relying solely on lightwells or skylights
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All habitable rooms are naturally ventilated without relying solely on lightwells or skylights |
YES |
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6C.5 Dwelling depth, width and room size |
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Maximum internal plan depth of a dwelling is to be 14m from glass line to glass line
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11m maximum (Block C) 10m maximum (Block B) 8.5m maximum (Block A) |
YES YES YES
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Each dwelling must have 4m dimension (min)
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5.2m minimum
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YES
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Living areas must have 4m internal plan dimension (min)
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>4m |
YES
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Multi-dwelling housing with two bedrooms must have a minimum internal plan dimension of 3m (excl. wardrobe space) in all bedrooms
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All dwellings have three bedrooms |
N/A |
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Multi-dwelling housing with three or more bedrooms are to have at least two bedrooms with a minimum internal plan dimension of 3m (excluding wardrobe space)
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All dwellings have bedrooms with a minimum internal plan dimension greater than 3m (excl wardrobes) |
YES |
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Built in wardrobes are to be provided: i) to all studio apartments; ii) to all bedrooms in one and two bedroom apartments iii) to at least two bedrooms in apartments of three or more bedrooms
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Built in wardrobes are provided in every bedroom. |
YES |
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6C.6 Dwelling mix |
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All multi-dwelling housing developments must contain at least one dwelling for each 10 dwellings (or part thereof) designed as adaptable housing in accordance with the provisions of AS4299-1995: Adaptable Housing Class C |
Townhouses 6 and 12 have been designed as adaptable housing. |
YES |
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6C.7 Building entries |
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The entry path is to be directly accessible and visible from the street
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The entry path is directly accessible and visible from College Crescent.
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YES |
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Building entry must be integrated with building facade design. At street level, the entry is to be articulated with awnings, porticos, recesses or projecting bays for clear identification
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The entry path in centralised and located at a break in the building façade for identification. |
YES |
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All entries must be well lit and designed to avoid any concealment or entrapment areas
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The entry and communal area do not contain concealment or entrapment areas. |
YES
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All light spill is prohibited
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Light spill is contained by canopies and awnings. |
YES |
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6C.8 Building facades |
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Building length is not to exceed 36m
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<26.5m |
YES
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All building facades must be modulated and articulated with wall planes varying in depth by not less than 0.3m. Where external walls are longer than 12m, the building alignment must be stepped by a minimum 0.6m articulation (projection or indentation) in the façade.
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The proposed building is sufficiently modulated and articulated in its facades |
YES |
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Building facades must be designed to respond to solar access by using solar protection elements such as eaves and louvres as environmental controls
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Design incorporates sufficient solar protection elements such as eaves and awnings. |
YES |
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All building elements including shading devices and awnings must be coordinated and integrated within the overall façade design
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All shading devices and awnings coordinated and integrated within overall façade design |
YES |
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Where individual air conditioning units are used, they must not be located on the building façade or on balconies or terraces
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Air conditioning plant are to be located in the basement |
YES |
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Balconies that run the full length of the building façade are not permitted
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Balconies to Townhouses 1,2,3,4,5,10,11 and 12 run the full length of either the street or southern façade
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NO (refer discussion below)
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Balconies must not project more than 1.2m from the outermost wall of the building façade
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Balconies are integrated within the building façade. |
YES |
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6C.9 Top storey design and roof forms |
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Where a third storey is proposed, the gross floor area of the top storey must not exceed 60% of the gross floor area of the storey immediately below it
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Block A: 63% Block B: 61%
Block C:56% |
NO (refer discussion below)
YES |
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Attics are permissible subject to being within a hipped or gable roof where the maximum roof pitch is 350. They are to be designed to fit within the building envelope(with the exception of dormer windows) and are not to increase the bulk and height of the roof |
No attics are proposed |
N/A |
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Service elements must be integrated into the overall design of the roof so as not to be visible from the public domain or any surrounding development
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Service elements are integrated into the overall design of the roof |
YES |
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Roof design must respond to solar access by using eaves or skillion roofs
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Design responds to solar access allowing sun to penetrate deep into the lot. |
YES |
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Roof forms are to be modulated or broken
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Modulated roof form |
YES |
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Solar panels to be integrated into the roof line (where provided)
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Solar panels are not proposed |
YES |
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6C.10 Internal ceiling heights |
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Ceiling height for habitable room: 2.7m min
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>2.7m |
YES |
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Ceiling height for non-habitable room: 2.25m min
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>2.4m |
YES |
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6C.11 Visual privacy |
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Buildings must be designed to ensure privacy
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Building designed to ensure privacy |
YES |
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Continuous transparent balustrades are not permitted to balconies/terraces
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Solid wall balaustrade elements are incorporated into facade |
YES |
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Screening between dwellings must be integrated with the overall building design
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Screening integrated into the overall building design |
YES |
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Landscaped screening must be provided to adjoining sites
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Landscaped screening is to be provided to adjoining sites |
YES |
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6C.12 Storage |
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Storage space must be provided at the following minimum volumes: 10m³ for two bedroom dwellings 12m³ for dwellings with three or more bedrooms
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>12m³ |
YES |
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50% of storage space to be provided within the dwelling. Remaining storage located outside the dwelling to be specifically allocated to the relevant dwellings
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Storage provision complies |
YES |
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6C.13 External air clothes drying facilities |
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Provide one external air clothes drying area for each dwelling
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Clothes drying area provided for each townhouse |
YES |
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External air clothes drying area must be screened from public areas and common areas
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Screened with fencing |
YES |
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6C.14 Fencing |
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Front fences and walls (to public street) and side fences in the street setback must not be higher than: i) 0.9m closed construction (masonry, lapped and capped timber or brushwood fences) ii) 1.2m open style construction (open paling and picket fencing) Closed front fences with a max height of 1.8m and set back 2m from the front boundary will be considered where the site fronts a busy road. |
No proposed front fencing.
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YES
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Fences and walls must be stepped down and follow the natural contours of the site
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Fences and walls are stepped to follow natural contours of site |
YES |
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Hedges and shrub planting no higher than 1.2m along entire front boundary
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No hedges and shrub plantings are proposed at front boundary |
YES |
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All fences to highlight entrances, and be compatible with buildings, letterboxes and garbage storage areas
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Fences highlight entrances and are compatible with building and structures |
YES |
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External finishes must be robust and graffiti resistant
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External finishes considered suitable |
YES |
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VOLUME B |
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PART 2 Site Design For Water Management |
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Assessed by Council’s Development Engineer in relation to the Local Centres LEP clause 6.2 relating to Stormwater and water sensitive urban design and the Local Centres DCP and found to be satisfactory.
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YES |
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VOLUME C |
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PART 1 Site Design |
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1.1 General |
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The development must respond to site attributes as identified in the site analysis |
Site analysis provided |
YES |
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Must demonstrate how the proposal responds to the site and contextual attributes |
Site analysis demonstrates adequately how the application has responded to the site and contextual attributes
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YES |
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1.2 Earthworks and Slope |
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Development must demonstrate consideration of site topography, drainage, soil landscapes, flora, fauna and bushfire hazard |
Consideration of site topography has been provided |
YES |
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Development must be accommodated within the natural slope of the land |
Design accommodates the slope of the site |
YES |
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Minimum 600mm width is required between retaining walls to provide adequate soil area and depth to ensure that they do not read as a single level change and for the viability of landscaping |
Assessed by Council’s Landscape Officer and found to be satisfactory |
YES |
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Existing ground level is to be maintained for a distance of 2m from any boundary |
Assessed by Council’s Landscape Officer and found to be satisfactory |
YES |
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Fill and excavation are not permitted within sensitive environments |
Not applicable |
N/A |
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Retaining walls, excavated and filled areas shall be located and constructed to have no adverse impact on: i) Structures to be retained on the site ii) Structures on adjacent public or private land iii) Trees to be retained onsite or on adjoining sites |
No adverse impact |
YES |
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Excavated and filled areas are to be constructed so as not to redirect or concentrate stormwater or surface runoff onto adjoining properties |
Assessed and found to be satisfactory |
YES |
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Design of proposal must consider the impacts of altered subsurface/groundwater flows or direction on groundwater dependent ecosystems or species |
Assessed and found to be satisfactory |
YES |
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1.3 Landscape Design |
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Assessed by Council’s Senior Landscape Assessment Officer and found to be satisfactory
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YES |
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PART 2 Access and Parking |
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2.1 Equitable Access |
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Applications are to demonstrate how access to and within the development meets the requirements of the Disability Discrimination Act 1992 (DDA) |
Application has provided an Access Report demonstrating that the application meets the requirements of the DDA |
YES |
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At least 70% of the dwellings in medium density residential development are to be ‘visitable’. |
75% (9/12) |
YES |
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2.2 Vehicle Access, 2.3 Basement Car Parking, 2.4 Visitor Parking, 2.5 Parking For People With A Disability, 2.6 Pedestrian Movement Within Car Parks, 2.7 Bicycle Parking and Facilities |
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Assessed by Council’s Development Engineer and found to be satisfactory |
YES |
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PART 3 Building Design and Sustainability |
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3.3 Building Services |
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All applicants must consult with service providers |
Standard consent conditions will ensure that this is undertaken |
YES |
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Services and structures required by the providers are to be located within basements, or concealed within the façade, with appropriate access. |
Standard consent conditions will ensure that this is undertaken |
YES |
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Air conditioning units located within basements must be screened and have adequate ventilation |
Air conditioner plant room to be located within basement |
YES |
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3.4 Waste Management |
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All waste and recycling facilities must comply with the BCA and all relevant Australian Standards |
Area designed in accordance with BCA & AS |
YES |
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All waste and recycle to be stored within site |
Garbage collection rooms have been provided |
YES |
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Access to collection point |
Unimpeded access, suitable grade, exit forward direction and level surface, clear >2.6m clearance height |
YES |
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Storage Room to be provided and easily accessible |
Storage rooms provided and easily accessible |
YES |
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Waste 1 x 240L per 2 units: 6 |
6 x 240L waste |
YES |
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Co-mingled 1 x 240L per 4 units: 3 |
3 x 240L |
YES |
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Recycling: 1 x 240L per 4 units: 3 |
3 x 240L |
YES |
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3.5 Acoustic Privacy |
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Building to comply with separation requirements of DCP |
Adequate design principles have been used and requirements of DCP satisfied |
YES |
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3.6 Visual Privacy |
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Private open spaces and principle living spaces of the proposal and adjacent dwellings to be protected from direct or unreasonable overlooking |
Overlooking has been minimised by orientating all living rooms and associated windows towards the centre of the site with adequate building separation and the use carefully placed windows and privacy screens on the north and south elevations to minimise overlooking onto adjacent properties.
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YES |
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3.7 Materials, Finishes and Colours |
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Comprehensive details provided with application |
Finishes/materials have been considered by Council’s Urban Design Consultant and assessed as being satisfactory and consistent with the character of the surrounding environment. |
YES |
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3.8 Roof Terraces and Podiums |
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All roof terraces and podiums must provide appropriate building systems to make them trafficable, and to support landscaping. |
No roof terraces |
N/A |
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Roof terraces and podiums are to be designed for optimum conditions for plant growth by appropriate solar access, soil mix, and the provision of water connections and drainage. |
No roof terraces |
N/A |
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3.9 Construction, Demolition and Disposal |
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Waste management plan provided with application |
A waste management plan was submitted as part of the proposed development. It is considered that the construction waste management plan meets the underlying objectives of waste management as required under the Local Centres DCP. |
YES |
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PART 4 Water Management |
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Council’s Development Engineer has assessed the proposal against the relevant provisions of the Local Centres DCP that relate to water management. The application is considered to be acceptable in this regard, subject to conditions to be imposed. |
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An assessment of the variations to the design controls identified in the compliance table is provided below.
An assessment of the variations to the design controls identified in the compliance table is provided below.
6A.2 Building setbacks- street setback
The development is predominantly compliant with the 10 metres street setback stipulated by the DCP. A variation to the street setback occurs for part the living room of Unit 6, which is as a result of the adaptable unit access and manoeuvring, which has a setback distance of 8 metres. The variation to the street setback occurs for a length of 6.2 metres over 37.5 metres of the building facade (approximately 16% of the building facade). The setback is considered to have little impact to the presentation of the development as a whole when viewed within the streetscape. The setback as proposed is compatible with the predominant street setback pattern. The proposed setback also allows for large areas of deep soil landscaping.
6A.2 Building setbacks- rear setback
The development proposes rear setbacks to Block B and Block C that are 3 metres, and do not meet the DCP setback of 6 metres. In this instance, the development is orientated in such a way that the side elevations of the Block B and Block C face to the rear boundary of the site. That is, the orientation of the units in these two blocks is towards the side boundaries of the site. The 3 metres setback to the rear boundary of the site are entirely dedicated to common landscape area and serve to form an acceptable amenity outcome in that regard.
The buildings are compliant with the building separation to the rear adjoining R4 residential flat building. As a whole, the length of rear setback that is occupied by non-compliant building is 51%. The location of the rear communal open space means that the rear setback, whist punctuated by the buildings Block B and Block C, also includes large areas of open space that far exceed the setback requirement.
On balance, the arrangement of buildings on the site appears sensitive to the constraints and attributes of the site and adjoining properties and is acceptable.
6A.2 Building setbacks- basements
Basements are required to satisfy the 3m side setback to allow for deep soil landscaping on all boundaries. The basement encroaches within this setback for a distance of 6 metres with a setback of 2 metres at one part of the east boundary, before it steps back to 3m in accordance with the control. This variation is minor and acceptable given that it does not prevent the provision of a compliant quantum of deep soil landscaping within all setback areas.
6A.2 Building setbacks- courtyards
Courtyards are required to satisfy the 3m side setback to allow for deep soil landscaping on all boundaries. The north facing courtyards of Block B and the south facing courtyards of Block C are located within this setback for a distance of 1.2 metres with a setback of 1.8 metres. This variation is minor and acceptable given that it does not prevent the provision of a compliant quantum of deep soil landscaping within the setback areas and achieves good deep soil landscaping in common ownership around all boundaries of the site. Additionally, the areas of private courtyard that encroach within the setback are dedicated to soft landscape area.
6A.3 Building separation
The development does not meet the required 12 metres building separation distance for the third storey of Block B. The development has a building separation distance of 9 metres from the Level 2 balconies of Block B to the adjoining dwelling at 11 College Crescent. The development meets half of the required building separation to the neighbouring property and includes privacy screens to mitigate visual impacts of the third storey balcony. The adjoining property at 11 College Crescent is zoned R3 and is currently part of a development proposal for multi-dwelling housing DA0131/15. In this regard it is considered that the development in its current for is an acceptable outcome.
6C.3 Solar access
Multi housing developments are required to provide a minimum of 3 hours solar access between 9am – 3pm on 21st June to the principal portion of private open space. The proposed principal private open space for Townhouses 7 and 8 (16%) are unlikely to receive 3 hours of direct solar access to their principal open space. However, this variation is acceptable given that the Terraces include multiple private open space, including on the north facing elevation of Level 3, providing additional private open space opportunities for these townhouses, with greater levels of solar access.
6C.8 Building facades- balcony length
Balconies that run the full length of the building façade are not permitted. The objectives of this control are to integrate building elements into the overall building and to reduce apparent bulk and scale to the street. The proposed balconies to Townhouses in Block A and Block C run the full length of the façade.
The variation is acceptable in this instance given that, when viewed in elevation, the balconies do not appear to run the full length of the façade, as they are located behind the parapet of the level below and include solid balaustrade structures, are contained within the building and are not readily discernible from the street and within from the site.
6C.9 Top storey design and roof forms
Where a third storey is proposed it is to be limited to 60 percent of the gross floor area of the storey immediately below and set back from all outer walls of the floor below it. The intent of this control is to minimise visual bulk, provide interesting roof forms and contribute to the overall design and environmental performance of buildings.
Block A has a top storey that is 63% of the storey below and Block B has a top storey that is 61%.
This variation is nevertheless acceptable given that the non-compliance is marginal and does not noticeably contribute to building bulk. The top storey in each block is well set back and articulated to achieve a top storey that is minimal in bulk and does not dominate the elevations. Additionally, the top storey has a change in building material to further lessen apparent bulk.
Volume B – Part 2 site design for water management
The configuration and composition of the development is considered to be consistent with the controls of Part 2 – site design for water management.
Volume C- Part 1 site design
The configuration and composition of the development is considered to be consistent with the controls of Part 1 – site design contained within the DCP.
Volume C – Part 2 access and parking
The development’s basement has been designed to satisfy the design criteria and controls as required by Part 2 of the DCP.
In addition, the application is accompanied by a detailed traffic report and analysis that demonstrates that the development will have an acceptable impact upon traffic flows and movements within the local area and that the basement allows for the necessary movements for vehicles that need to access it.
The basement is also acceptable, providing the ancillary facilities required by the DCP, including bicycle parking, adaptable car parking, car wash bay and a temporary parking space for service and removalists vehicles.
Volume C – Part 4 water management
A detailed stormwater plan has been submitted which demonstrates how stormwater generated by the development will be captured and conveyed to Council’s trunk drainage system.
Consistent with the comments of Council’s Development Engineer, the stormwater system’s design is consistent with the controls of the DCP.
Volume C – Part 5 notification controls
The proposed development has been notified in accordance with the requirements of Volume C – Part 5 of the notification controls.
Section 94 Development Contributions Plan 2010
The development attracts a section 94 contribution of $340,658.48 which is required to be paid prior to the issue of the Construction Certificate (Condition 40).
Likely Impacts
The likely impacts of the development have been considered within this report and are deemed to be acceptable, subject to conditions.
Suitability of the Site
The site is suitable for the proposed development.
Public Interest
The approval of the application is considered to be in the public interest.
Conclusion
Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be satisfactory.
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· THAT Council, as the consent authority, grant development consent to DA0589/15 for demolition of two existing dwellings and construction of a multi dwelling housing development containing 12 townhouses, landscaping and basement car parking on land at 15 – 17 College Crescent, St Ives, for a period of two years from the date of the Notice of Determination, subject to the following conditions:
Conditions that identify approved plans:
1. Approved architectural plans and documentation (new development)
The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure that the development is in accordance with the determination.
2. Inconsistency between documents
In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.
Reason: To ensure that the development is in accordance with the determination.
3. Approved landscape plans
Landscape works shall be carried out in accordance with the following landscape plan(s), listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure that the development is in accordance with the determination.
Conditions to be satisfied prior to demolition, excavation or construction:
4. Asbestos works
All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.
Reason: To ensure public safety.
5. Notice of commencement
At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.
Reason: Statutory requirement.
6. Notification of builder’s details
Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.
Reason: Statutory requirement.
7. Dilapidation survey and report (public infrastructure)
Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council:
Public infrastructure
· full road pavement width, including kerb and gutter of College Crescent over the site frontage, including the full intersection · all driveway crossings and laybacks opposite the subject site
The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.
The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.
Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.
Reason: To record the structural condition of public infrastructure before works commence.
8. Dilapidation survey and report (private property)
Prior to the commencement of any demolition or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council:
Address: 11 College Crescent (existing dwelling) 9-11 College Crescent (if in the event that construction has commenced)
The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that professional based on the excavations for the proposal and the recommendations of the submitted geotechnical report.
In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.
Note: A copy of the dilapidation report is to be provided to Council prior to any excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.
Reason: To record the structural condition of likely affected properties before works commence.
9. Construction and traffic management plan
The applicant must submit to Council a Construction Traffic Management Plan (TMP), which is to be approved prior to the commencement of any works on site.
The plan is to consist of a report with Traffic Control Plans attached.
The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The TMP applies to all persons associated with demolition, excavation and construction of the development.
The report is to contain construction vehicle routes for approach and departure to and from all directions.
The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for a medium heavy rigid vehicle
The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:
· Demolition · Excavation · Concrete pour · Construction of vehicular crossing and reinstatement of footpath · Traffic control for vehicles reversing into or out of the site.
Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users.
When a satisfactory TMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved TMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines will be issued for any non-compliance with this condition.
NO construction vehicles movements are to occur during the school drop-off (8.00am to 9.30am) and pick-up hours (2.30pm to 4.00pm) on school days.
Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.
10. Work zone
A work zone shall be provided along the site frontage together with a ‘No Parking’ restriction opposite the access for the construction period. The applicant must make a written application to the Ku-ring-gai Local Traffic Committee to install the work zone. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.
If the work zone is approved by the Local Traffic Committee, the applicant must obtain a written copy of the related resolution from the Ku-ring-gai Local Traffic Committee and submit this to the Principal Certifying Authority prior to commencement of any works on site.
Where approval of the work zone is resolved by the Committee, the necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.
In the event the work zone is required for a period beyond that initially approved by the Traffic Committee, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.
Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.
11. 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.
12. Tree protection fencing
To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site.
Reason: To protect existing trees during the construction phase.
13. Tree protective fencing type galvanised mesh
The tree protection fencing shall be constructed of galvanised pipe at 2.4 metres spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing.
Reason: To protect existing trees during construction phase.
14. Tree protection signage
Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:
Tree protection zone.
· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted. · Any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report. · The arborist's report shall provide proof that no other alternative is available. · The Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council. · The name, address, and telephone number of the developer.
Reason: To protect existing trees during the construction phase.
15. Tree protection mulching
Prior to works commencing and throughout construction, the area of the tree protection zone is to be mulched to a depth of 100mm with composted organic material being 75% Eucalyptus leaf litter and 25% wood.
Reason: To protect existing trees during the construction phase.
16. Tree fencing inspection
Upon installation of the required tree protection measures, an 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.
17. Noise and vibration management plan
Prior to the commencement of any works, a noise and vibration management plan is to be prepared by a suitably qualified expert addressing the likely noise and vibration from demolition, excavation and construction of the proposed development and provided to the Principal Certifying Authority. The management plan is to identify amelioration measures to achieve the best practice objectives of AS 2436-2010 and NSW Department of Environment and Climate Change Interim Construction Noise Guidelines. The report shall be prepared in consultation with any geotechnical report that itemises equipment to be used for excavation works.
The management plan shall address, but not be limited to, the following matters:
· identification of the specific activities that will be carried out and associated noise sources · identification of all potentially affected sensitive receivers, including residences, churches, commercial premises, schools and properties containing noise sensitive equipment · the construction noise objective specified in the conditions of this consent · the construction vibration criteria specified in the conditions of this consent · determination of appropriate noise and vibration objectives for each identified sensitive receiver · noise and vibration monitoring, reporting and response procedures · assessment of potential noise and vibration from the proposed demolition, excavation and construction activities, including noise from construction vehicles and any traffic diversions · description of specific mitigation treatments, management methods and procedures that will be implemented to control noise and vibration during construction · construction timetabling to minimise noise impacts including time and duration restrictions, respite periods and frequency · procedures for notifying residents of construction activities that are likely to affect their amenity through noise and vibration · contingency plans to be implemented in the event of non-compliances and/or noise complaints
Reason: To protect the amenity afforded to surrounding residents during the construction process.
Conditions to be satisfied prior to the issue of the construction certificate:
18. Amendments to approved landscape plan
Prior to the issue of a Construction Certificate, the Principal Certifying Authority shall be satisfied that the approved landscape plans, listed below and endorsed with Council’s stamp, have been amended in accordance with the requirements of this condition as well as other conditions of this consent:
The above landscape plan(s) shall be amended in the following ways:
· existing ground levels and grades shall be maintained within the site frontage forward of Unit 6. The proposed ground level of 155.15 is not approved and is to be deleted from the landscape plan · notation is to be placed on plan that existing levels to the east of Unit 6 shall be maintained.
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the landscape plan has been amended are required by this condition.
Note: An amended plan, prepared by a landscape architect or qualified landscape designer shall be submitted to the Certifying Authority.
Reason: To ensure adequate landscaping of the site.
19. 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.
20. 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.
21. Outdoor lighting
Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that all outdoor lighting will comply with AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.
Note: Details demonstrating compliance with these requirements are to be submitted prior to the issue of a Construction Certificate.
Reason: To provide high quality external lighting for security without adverse affects on public amenity from excessive illumination levels.
22. Design changes
The following design changes shall be indicated on the plans prior to the issue of a Construction Certificate:
· Air drying facilities - prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that a common open space area dedicated for open air drying of clothes is provided. This area is to be located at ground level behind the building line and in a position not visible from the public domain.
In lieu of the above, written confirmation that all units will be provided with internal clothes drying facilities prior to the Occupation Certificate is to be submitted to the Certifying Authority prior to the issue of the Construction Certificate · Solar protection – prior to the issue of a Construction Certificate the architectural plans shall be amended to indicate the provision of external solar protection of east and west facing openings to habitable rooms in Block A. The solar protection of openings must not include fixed unoperable louvres. · Fencing - prior to the issue of a Construction Certificate the architectural plans shall be amended to indicate courtyard fencing above 1200mm being of a suitable material that is not solid and adequately maintains privacy.
Reason: Amenity & energy efficiency.
23. External service pipes and the like prohibited
Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building. Details confirming compliance with this condition must be shown on construction certificate plans and detailed with construction certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on construction certificate plans and detailed with construction certificate specifications. External vents or roof vent pipes must not be visible from any place unless detailed upon development consent plans. Where there is any proposal to fit external service pipes or the like this must be detailed in an amended development (S96) application and submitted to Council for determination.
Vent pipes required by Sydney Water must not be placed on the front elevation of the building or front roof elevation. The applicant, owner and builder must protect the appearance of the building from the public place and the appearance of the streetscape by elimination of all external services excluding vent pipes required by Sydney Water and those detailed upon development consent plans.
Reason: To protect the streetscape and the integrity of the approved development.
24. Access for people with disabilities (residential)
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities to and from and between the public domain, residential units and all common open space areas is provided. Consideration must be given to the means of dignified and equitable access.
Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act, and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.
Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.
25. Adaptable units
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the nominated adaptable units within the development application, [enter unit nos.], are designed as adaptable housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.
Note: Evidence from an appropriately qualified professional demonstrating compliance with this control is to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.
Reason: Disabled access & amenity.
26. Excavation for services
Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that no proposed underground services (ie: water, sewerage, drainage, gas or other service) unless previously approved by conditions of consent, are located beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.
Note: A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.
Reason: To ensure the protection of trees.
27. Recycling and waste management
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that the development provides a common garbage collection/separation area sufficient in size to store all wheelie garbage bins and recycling bins provided by Council for the number of units in the development in accordance with Council’s DCP. The garbage collection point is to be accessible by Council’s Waste Collection Services.
The responsibility for:
· the cleaning of waste rooms and waste service compartments; and · the transfer of bins within the property, and to the collection point once the development is in use;
shall be determined when designing the system and clearly stated in the Waste Management Plan.
Note: The architectural plans are to be amended and provided to the Certifying Authority.
Reason: Environmental protection.
28. Noise from plant in residential zone
Where any form of mechanical ventilation equipment or other noise generating plant is proposed as part of the development, prior to the issue of the Construction Certificate the Certifying Authority, shall be satisfied that the operation of an individual piece of equipment or operation of equipment in combination will not exceed more than 5dB(A) above the background level during the day when measured at the site’s boundaries and shall not exceed the background level at night (10.00pm -6.00 am) when measured at the boundary of the site.
C1. Note: A certificate from an appropriately qualified acoustic engineer is to be submitted with the Construction Certificate, certifying that all mechanical ventilation equipment or other noise generating plant in isolation or in combination with other plant will comply with the above requirements.
Reason: To comply with best practice standards for residential acoustic amenity.
29. Location of plant (residential flat buildings)
Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is located within the basement.
C1. Note: Architectural plans identifying the location of all plant and equipment shall be provided to the Certifying Authority.
Reason: To minimise impact on surrounding properties, improved visual appearance and amenity for locality.
30. 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.
31. Driveway grades - basement carparks
Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for to and approved by the Certifying Authority. These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement floor level. The traffic engineer shall provide specific written certification on the plans that:
· vehicular access can be obtained using grades of 20% (1 in 5) maximum and · all changes in grade (transitions) comply with Australian Standard 2890.1 -“Off-street car parking” (refer clause 2.5.3) to prevent the scraping of the underside of vehicles.
If a new driveway crossing is proposed, the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application.
Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.
32. Basement car parking details
Prior to issue of the Construction Certificate, certified parking layout plan(s) to scale showing all aspects of the vehicle access and accommodation arrangements must be submitted to and approved by the Certifying Authority. A qualified civil/traffic engineer must review the proposed vehicle access and accommodation layout and provide written certification on the plans that:
· all parking space dimensions, driveway and aisle widths, driveway grades, transitions, circulation ramps, blind aisle situations and other trafficked areas comply with Australian Standard 2890.1 - 2004 “Off-street car parking” · a clear height clearance of 2.6 metres (Volume C Part 3.4 of the Local Centres DCP for waste collection trucks) is provided over the designated garbage collection truck manoeuvring areas within the basement · no doors or gates are provided in the access driveways to the basement carpark which would prevent unrestricted access for internal garbage collection at any time from the basement garbage storage and collection area · the vehicle access and accommodation arrangements are to be constructed and marked in accordance with the certified plans
Reason: To ensure that parking spaces are in accordance with the approved development.
33. Car parking allocation
Car parking within the development shall be allocated in the following way:
Each adaptable dwelling must be provided with car parking complying with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.
At least one visitor space shall also comply with the dimensional and location requirements of AS2890.1 - parking spaces for people with disabilities.
Consideration must be given to the means of access from disabled car parking spaces to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate.
Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with federal legislation.
34. Number of bicycle spaces
The basement car park shall be adapted to provide # bicycle spaces in accordance with DCP 55. The bicycle parking spaces shall be designed in accordance with AS2890.3. Details shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate.
Reason: To provide alternative modes of transport to and from the site.
35. Design of works in public road (Roads Act approval)
Prior to issue of the Construction Certificate, the Certifying Authority shall be satisfied that engineering plans and specifications prepared by a qualified consulting engineer have been approved by Council’s Development Engineer. The plans to be assessed must be to a detail suitable for construction issue purposes and must detail the following infrastructure works required in College Crescent:
· new kerb inlet pits and new 375mm diameter reinforced concrete pipe to Council’s street drainage system. The installation of the 375mm drainage pipe be relocated a minimum setback of 2m from the kerb. The design engineer is to provide supporting hydraulic calculations to check the required capacity given that 45 degree bend is required when connecting into the new kerb inlet pits.
Development consent does not give approval to these works in the road reserve. The applicant must obtain a separate approval under sections 138 and 139 of The Roads Act 1993 for the works in the road reserve required as part of the development. The Construction Certificate must not be issued, and these works must not proceed until Council has issued a formal written approval under the Roads Act 1993.
The required plans and specifications are to be designed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 - 1996 - Field Guide for Traffic Control at Works on Roads - Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Roads Act approval issued by Council.
A minimum of three (3) weeks will be required for Council to assess the Roads Act application. Early submission of the Roads Act application is recommended to avoid delays in obtaining a Construction Certificate. An engineering assessment and inspection fee (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.
Reason: To ensure that the plans are suitable for construction purposes.
36. Energy Australia requirements
Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.
Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate.
Reason: To ensure compliance with the requirements of Energy Australia.
37. Utility provider requirements
Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained. All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.
Reason: To ensure compliance with the requirements of relevant utility providers.
38. Underground services
All electrical services (existing and proposed) shall be undergrounded from the proposed building on the site to the appropriate power pole(s) or other connection point. Undergrounding of services must not disturb the root system of existing trees and shall be undertaken in accordance with the requirements of the relevant service provided. Documentary evidence that the relevant service provider has been consulted and that their requirements have been met are to be provided to the Certifying Authority prior to the issue of the Construction Certificate. All electrical and telephone services to the subject property must be placed underground and any redundant poles are to be removed at the expense of the applicant.
Reason: To provide infrastructure that facilitates the future improvement of the streetscape by relocation of overhead lines below ground.
Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):
39. Infrastructure restorations fee
To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:
a) All work or activity taken in furtherance of the development the subject of this approval 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 approval 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 Restoration Fee must be paid to the 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 Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and 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 the 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 Restorations Fee 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 Restoration Fee” means the Infrastructure Restorations Fee 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.
40. Section 94 Contributions - Centres. (For DAs determined on or after 19 December 2010)
This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:
The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.
The contributions specified above are subject to indexation and will continue to be indexed to reflect changes in the consumer price index and housing price index until they are paid in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.
Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.
Reason: To ensure the provision, extension or augmentation of the Key Community Infrastructure identified in Ku-ring-gai Contributions Plan 2010 that will, or is likely to be, required as a consequence of the development.
Conditions to be satisfied during the demolition, excavation and construction phases:
41. 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.
42. Prescribed conditions
The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
· The work must be carried out in accordance with the requirements of the Building Code of Australia · In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.
Reason: Statutory requirement.
43. Hours of work
Demolition, excavation, 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 or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.
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.
44. 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.
45. 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.
46. Construction noise
During excavation, demolition and construction phases, noise generated from the site shall be controlled in accordance with the recommendations of the approved noise and vibration management plan.
Reason: To ensure reasonable standards of amenity to neighbouring properties.
47. 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.
48. 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.
49. Post-construction dilapidation report
The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:
· compare the post-construction dilapidation report with the pre-construction dilapidation report · have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.
A copy of this report is to be forwarded to Council at the completion of the construction works.
Reason: Management of records.
50. Compliance with submitted geotechnical report
A contractor with specialist excavation experience must undertake the excavations for the development and a suitably qualified and consulting geotechnical engineer must oversee excavation.
Geotechnical aspects of the development work, namely:
· appropriate excavation method and vibration control · support and retention of excavated faces · hydro-geological considerations
must be undertaken in accordance with the recommendations of the Geotechnical Investigation Report prepared by STS Geo Environmental Pty Ltd dated December 2014. Approval must be obtained from all affected property owners, including Ku-ring-gai Council, where rock anchors (both temporary and permanent) are proposed below adjoining property(ies).
Reason: To ensure the safety and protection of property.
51. 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.
52. 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.
53. 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.
54. Maintenance period for works in public road
A maintenance period of six (6) months applies to all work in the public road reserve carried out by the applicant - after the works have been completed to the satisfaction of Ku-ring-gai Council. In that maintenance period, the applicant shall be liable for any section of the public infrastructure work which fails to perform in the designed manner, or as would reasonably be expected under the operating conditions. The maintenance period shall commence once the applicant receives a formal letter from Council stating that the works involving public infrastructure have been completed satisfactorily.
Reason: To protect public infrastructure.
55. 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.
56. 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.
57. 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.
58. Sydney Water Section 73 Compliance Certificate
The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing CoOrdinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au <http://www.sydneywater.com.au> then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the CoOrdinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
Reason: Statutory requirement.
59. 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.
60. 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.
61. 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.
62. 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 Tree Preservation Order.
Reason: To ensure that the development is in accordance with the determination.
63. 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.
64. 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.
65. 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.
66. Canopy replenishment trees to be planted
The canopy replenishment trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council’s Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species.
Reason: To maintain the treed character of the area.
67. Survey and inspection of waste collection clearance and path of travel
At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, a registered surveyor is to:
· ascertain the reduced level of the underside of the slab at the driveway entry, · certify that the level is not lower than the level shown on the approved DA plans; and · certify that the minimum headroom of 2.6 metres will be available for the full path of travel of the small waste collection vehicle from the street to the collection area. · This certification is to be provided to Council’s Development Engineer prior to any concrete being poured for the ground floor slab. · No work is to proceed until Council has undertaken an inspection to determine clearance and path of travel.
At the stage when formwork for the ground floor slab is in place and prior to concrete being poured, Council’s Development Engineer and Manager Waste Services are to carry out an inspection of the site to confirm the clearance available for the full path of travel of the small waste collection vehicle from the street to the collection area. This inspection may not be carried out by a private certifier because waste management is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.
Reason: To ensure access will be available for Council’s contractors to collect waste from the collection point.
68. 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:
69. Easement for waste collection
Prior to issue of the Occupation Certificate, an easement for waste collection is to be created under Section 88B of the Conveyancing Act 1919. This is to permit legal access for Council, Council’s contractors and their vehicles over the subject property for the purpose of collecting waste from the property. The terms of the easement are to be generally in accordance with Council’s draft terms for an easement for waste collection and shall be to the satisfaction of Council’s Development Engineer.
Reason: To permit legal access for Council, Council’s contractors and their vehicles over the subject site for waste collection.
70. Compliance with BASIX Certificate
Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. 595860M_07 have been complied with.
Reason: Statutory requirement.
71. Completion of landscape works
Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.
Reason: To ensure that the landscape works are consistent with the development consent.
72. Retention and re-use positive covenant
Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site stormwater retention and re-use facilities on the property.
The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instruments for protection of retention and re-use facilities" and to the satisfaction of Council (refer to Council’s Local Centres DCP Volume C Part4R.9). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the reuse and retention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.
Registered title documents showing the covenants and restrictions must be submitted to and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.
Reason: To protect the environment.
73. Certification of drainage works
Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:
· the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans · the minimum retention and on-site detention storage volume requirements of BASIX and Council’s Local Centres DCP Volume C Part 4B.5 respectively, have been achieved · retained water is connected and available for use · basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Council’s Local Centres DCP Volume C Part 4R.6 · all grates potentially accessible by children are secured · components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia · all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices
Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.
Reason: To protect the environment.
74. WAE plans for stormwater management and disposal (dual occupancy and above)
Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems. The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:
· as built (reduced) surface and invert levels for all drainage pits · gradients of drainage lines, materials and dimensions · as built (reduced) level(s) at the approved point of discharge to the public drainage system · as built location and internal dimensions of all detention and retention structures on the property (in plan view) and horizontal distances to nearest adjacent boundaries and structures on site · the achieved storage volumes of the installed retention and detention storages and derivative calculations · as built locations of all access pits and grates in the detention and retention system(s), including dimensions · the size of the orifice or control fitted to any on-site detention system · dimensions of the discharge control pit and access grates · the maximum depth of storage possible over the outlet control · top water levels of storage areas and indicative RL’s through the overland flow path in the event of blockage of the on-site detention system
The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.
Reason: To protect the environment.
75. Basement pump-out maintenance
Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that a maintenance regime has been prepared for the basement stormwater pump-out system.
Note: A maintenance regime specifying that the system is to be regularly inspected and checked by qualified practitioners is to be prepared by a suitable qualified professional and provided to the Principal Certifying Authority.
Reason: To protect the environment.
76. OSD positive covenant/restriction
Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.
The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to Council’s Local Centres DCP Volume C Part 4R.9). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA. The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.
Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.
Reason: To protect the environment.
77. Sydney Water Section 73 Compliance Certificate
Prior to issue of an Occupation Certificate the Section 73 Sydney water Compliance Certificate must be obtained and submitted to the Principal Certifying Authority
Reason: Statutory requirement.
78. Certification of as-constructed driveway/carpark - RFB
Prior to issue of an Occupation Certificate, the Principal Certifying Authority is to be satisfied that:
· the as-constructed car park complies with the approved Construction Certificate plans
· the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 - 2004 “Off-Street car parking" and the Seniors Living State Environment Planning Policy in terms of minimum parking space dimensions
· finished driveway gradients and transitions will not result in the scraping of the underside of cars
· no doors, gates, grilles or other structures have been provided in the access driveways to the basement carpark, which would prevent unrestricted access for internal garbage collection from the basement garbage storage and collection area
· the vehicular headroom requirements of: - Australian Standard 2890.1 - “Off-street car parking” - The Seniors Living SEPP (as last amended) for accessible parking spaces - 2.6 metres height clearance for waste collection trucks (refer DCP 40) are met from the public street into and within the applicable areas of the basement carpark
Note: Evidence from a suitably qualified and experienced traffic/civil engineer indicating compliance with the above is to be provided to and approved by the Principal Certifying Authority prior to the issue of an Occupation Certificate.
Reason: To ensure that vehicular access and accommodation areas are compliant with the consent.
79. Reinstatement of redundant crossings and completion of infrastructure works
Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that he or she has received a signed inspection form from Council which states that the following works in the road reserve have been completed:
· new concrete driveway crossing in accordance with levels and specifications issued by Council · removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials) · full repair and resealing of any road surface damaged during construction · full replacement of damaged sections of grass verge to match existing
This inspection may not be carried out by the Private Certifier because restoration of Council property outside the boundary of the site is not a matter listed in Clause 161 of the Environmental Planning and Assessment Regulation 2000.
All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Ku-ring-gai Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.
Reason: To protect the streetscape.
80. Construction of works in public road - approved plans
Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Council Roads Act approval and accompanying drawings, conditions and specifications.
The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Ku-ring-gai Council.
The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved stamped drawings. The works must be subject to inspections by Council at the hold points noted on the Roads Act approval. All conditions attached to the approved drawings for these works must be met prior to the Occupation Certificate being issued.
Reason: To ensure that works undertaken in the road reserve are to the satisfaction of Council.
81. Infrastructure repair
Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.
Reason: To protect public infrastructure.
Conditions to be satisfied at all times:
82. No door restricting internal waste collection in basement
At all times, the basement garbage storage and collection area is to be accessible by Council’s Waste Collection Services. No doors, grilles, gates or other devices shall be provided in any location which would prevent this service. Where a gate, door or the like is to be erected, unimpeded access to the garbage collection point is to be provided by other means through written agreement with Council’s Waste Collection Services.
Reason: To facilitate access to the garbage collection point.
83. Noise control - plant and machinery
All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays. The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest boundary.
Reason: To protect the amenity of surrounding residents.
84. Car parking
At all times, the visitor car parking spaces are to be clearly identified and are to be for the exclusive use of visitors to the site. On site permanent car parking spaces are not to be used by those other than an occupant or tenant of the subject building. Any occupant, tenant, lessee or registered proprietor of the development site or part thereof shall not enter into an agreement to lease, license or transfer ownership of any car parking spaces to those other than an occupant, tenant or lessee of the building. These requirements are to be enforced through the following:
· restrictive covenant placed on title pursuant to Section 88B of the Conveyancing Act, 1919 · restriction on use under Section 68 of the Strata Schemes (Leasehold Development) Act, 1986 to all lots comprising in part or whole car parking spaces
Reason: To ensure adequate provision of visitor parking spaces.
85. Annual fire safety statement
Each 12 months after the installation of essential fire or other safety measures, the owner of a building must cause the Council to be given an Annual Fire Safety Statement for the building. In addition a copy of the statement must be given to the NSW Fire Commissioner and a copy displayed prominently in the building.
Reason: To ensure statutory maintenance of essential fire safety measures.
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Janice Buteux-Wheeler Executive Assessment Officer |
Shaun Garland Team Leader Development Assessment South |
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Corrie Swanepoel Manager Development Assessment Services |
Michael Miocic Director Development & Regulation |
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A1View |
Zoning extract Local Centres |
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2015/292457 |
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A2View |
Location sketch |
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2015/292460 |
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A3View |
Zoning extract KLEP |
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2015/292461 |
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A4View |
Architectural floor plans |
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2015/131381 |
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A5View |
Amended architectural plans |
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2015/207566 |
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A6View |
Stormwater management plan |
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2015/207584 |
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A7View |
Landscape plan |
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2015/292451 |
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A8View |
Materials and finishes |
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2015/131384 |
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A9View |
Survey plan |
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2015/131391 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.8 / 295 |
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Item GB.8 |
S10065 |
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28 October 2015 |
Project update - 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase
EXECUTIVE SUMMARY
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purpose of report: |
To provide an update to Council on the progress of the disposal of part of 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase and to seek final approval for their disposal. |
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background: |
Council has previously resolved to reclassify, rezone and to formally seek to discharge all interests the above mentioned properties. |
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comments: |
On 21 February 2012 Council resolved to formally seek to discharge all interests in these two properties. This report is the next step in the disposal process. |
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recommendation: |
That Council note the comments in this report and approve the disposal of the proposed lot 11 at 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase. |
Purpose of Report
To provide an update to Council on the progress of the disposal of part of 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase and to seek final approval for their disposal.
Background
At its meeting of 6 December 2011 Council resolved to enter into a construction contract for the former West Pymble Pool, now known as Ku–ring-gai Fitness and Aquatic Centre. At the time, one of the nominated funding sources was from revenue generated through the sale of surplus land. Three potential sites were identified at this meeting and following further investigations the matter was reported to the Council meeting of 21 February 2012, where Council in part resolved:
A. That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to amend the Ku-ring-gai Planning Scheme Ordinance 1971 to rezone and reclassify the following three sites from Community Land to Operational Land:
· 21 Calga Street, Roseville Chase.
· 90 Babbage Road, Roseville Chase.
· 4 Binalong Street, West Pymble.
B. That the above Planning Proposal also include the rezoning of these lands as listed below:
· 21 Calga Street, Roseville Chase from Recreation Existing 6(a) to Residential 2(a).
· 90 Babbage Road, Roseville Chase from Recreation Existing 6(a) to Residential 2(a).
· 4 Binalong Street,
West Pymble. A 1,200 square metre parcel of land (abutting
6 Binalong Street) from Business 3(a)-(A3) to Residential 2(c).
C. That Council grant Owner’s Consent for the subdivision of 4 Binalong St West Pymble, in such a way as to permit the creation of a building block of a minimum of 1,095 square metres and the balance becoming the second lot.
D. That following reclassification and subdivision of 4 Binalong St West Pymble, Council resolve to undertake the necessary action to reclassify back to Community Land status that part of 4 Binalong St West Pymble not required as Operational Land.
E. That Council undertake a public hearing under the provisions of the Local Government Act, 1993 for the proposed reclassification of these sites listed below from Community Land to Operational Land:
· 21 Calga Street, Roseville Chase.
· 90 Babbage Road, Roseville Chase.
· 4 Binalong Street, West Pymble.
F. That Council formally seek to discharge all interests for properties known as:
· 21 Calga Street, Roseville Chase.
· 90 Babbage Road, Roseville Chase.
· 4 Binalong Street, West Pymble.
G. That the Planning Proposal by submitted to the Department of Planning and Infrastructure for a gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act, 1979.
H. That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements.
I. That a report be brought back to Council at the end of the exhibition and public hearing processes.
Following the public exhibition period and a public hearing on 11 April 2013 a further report was brought back to Council on 16 July 2013. Following this report Council in part resolved:
B. That 90 Babbage Road, Roseville Chase be rezoned from Recreation Existing 6(a) to Residential 2(c) as per the Planning Proposal and be reclassified from community to operational land; and the following conditions be attached to the site:
- the Greenweb category and extent be amended to include only the biodiversity corridor through 90 and 92 Babbage Road, and accordingly reflecting this change in the draft KLEP 2013; and
- Council’s riparian mapping be updated to indicate the Category 3 riparian land on 90-92 Babbage Road, primarily on 92 Babbage Road, with a section of it located adjacent to the north-eastern corner of 90 Babbage Road.
C. That 4 Binalong Street, West Pymble be rezoned from Business 3(a)-(A3) to Residential 2(c) as per the Planning Proposal and be reclassified from community to operational land; and the following conditions be attached to the site:
- a positive covenant be placed on the land title to protect the STIF on the site prior to any sale of the property; and
- Council’s vegetation mapping be updated to amend areas incorrectly shown as Category 3 including the removal of the Category 3 area from the draft KLEP 2013 biodiversity map, and the inclusion of a portion of the access handle as Category 5 in the Greenweb.
D. That the Planning Proposal be submitted to the Minister in accordance with Division 4 of the Environmental Planning & Assessment Act, 1979.
E. That all persons who made a submission be notified of Council’s decision.
Following on from the above resolutions both parcels of land are now suitably zoned for disposal. However, both sites require some work prior to this.
A development application was lodged for the subdivision of 4 Binalong Street into two lots in December 2014. The proposed two lots, are notionally known as lots 10 and 11, until the plan of subdivision is registered and they then have their unique title. Lot 10 will remain in Council ownership to fulfil its role as public access and car parking. As per the previous resolutions of Council it will be reclassified back to Community Land post-subdivision. Lot 11 will have the proposed works as per the development approval completed and then be sold. Attachment A1 shows the proposed plan of subdivision.
As it is necessary to protect the tree roots which need to be crossed during the construction of a driveway and the connection of services to the proposed lot 11, as part of the development approval for the subdivision, Council will be constructing the driveway and bring the services onto the site. This will also increase the marketability of the land.
A restrictive covenant will also be placed over the land to protect vegetation as per the development consent.
Council’s drainage network was never constructed over 90 Babbage Road. Stormwater exits a pipe at the top of the block and then flows overland and is caught in another drain at the bottom of the site. Additionally, 88 Babbage Road suffers from overland flow from public land. Whilst filling in the gap in Council’s drainage system it is also proposed to build a catch drain on public land at the rear of 88 Babbage Road to mitigate some of the overland flow issues. Extensive consultation has been carried out with the adjoining residents, in particular the owners of 88 Babbage Road.
Conceptual plans and hydraulic studies were carried out by an independent consultant. Following these initial studies weedy undergrowth etc. were removed from the site allowing ground truthing of the concept design. Council’s engineers are currently detailing the design and it is anticipated that quotations for the required drainage works will be sought early in the New Year, with works commencing on site not long after this.
The same as with all other components of Council’s drainage infrastructure on private land within the LGA, an easement will be created over 90 Babbage Road prior to sale.
The proposed works do not require a development application and have been approved by way of a Potential Impact Assessment under Part 5 of the Environmental Planning and Assessment Act 1979.
Comments
On 21 February 2012 Council resolved to formally seek to discharge all interests in these two properties. This report is the next step in the disposal process.
integrated planning and reporting
Leadership and Governance
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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L2.1.1 Council rigorously manages its financial resources and assets to maximise delivery of services. |
Council maintains and improves its long term financial position and performance. |
Undertake divestment of identified assets to invest in infrastructure renewal.
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FIT FOR THE FUTURE IMPROVEMENT ACTION PLAN
The NSW Government's Fit for the Future initiative required all councils to prepare an Improvement Proposal and supporting Implementation Plan demonstrating how all seven Fit for the Future benchmarks would be met by 2016/17, and maintained or improved thereafter.
Council's Fit For the Future Improvement Proposal and supporting Implementation Plan underpins the decision to stand alone and not merge with Hornsby Council. The objectives established in the Improvement Proposal and Implementation Plan are embedded in Council's adopted Integrated Planning and Reporting documents including the Revised Delivery Program 2013-2017 and Operational Plan 2015-2016, Long Term Financial Plan 2015/16 to 2024/25 and Asset Management Strategy 2015/16 to 2024/25.
Actions outlined in this report support Council’s objective of “Manage financial performance to achieve Financial Sustainability targets identified in the LTFP”.
Governance Matters
Council’s Acquisition and Divestment of Land Policy requires an open competitive process of divestment.
The land is to be offered for sale in the first instance by public auction. Should either property not be sold via the auction a private treaty sale can be negotiated post this competitive process.
Risk Management
The biggest risk to the disposal of these two properties is that the market fails to meet Council’s expectations. Whilst the market has slowed down a little, demand for two such parcels of land is still strong. However, whilst Council can present the land in a way to optimise its value, like any other vendor, Council is unable to control the demand for and value of the land at the time of sale.
The second risk is that the highest price achievable at the time of sale is not achieved. To control this risk, the land will be sold in accordance with Council’s Acquisition and Divestment Policy. Therefore both parcels shall be sold through a competitive process ensuring that the highest price available on that day is achieved. As a benchmark of the price Council will be obtaining two valuations to assist in the setting of a reserve price. Should Council not be satisfied with the price offered at auction then it will always retain the right to pass the property in and negotiate at the auction or sell the land via private treaty at a later date.
Financial Considerations
When Council accepted the tender for the construction of the aquatic centre, it did so on the basis of some funding coming from the divestment of the three originally nominated parcels of land. This funding requirement was subsequently met by borrowing funds from the Infrastructure and Facilities Reserve and it is now proposed that net proceeds are allocated back to this reserve.
Social Considerations
Sale proceeds will go to Council’s Infrastructure and Facilities Reserve, providing facilities for the community.
Environmental Considerations
In depth in-house consultation with Council’s specialist environmental officers as well as the engagement of external consultants for expert advice has ensured the relevant environmental matters have been duly considered in the preparation of this report.
A development application was lodged for the proposed works at 4 Binalong Street. A Potential Impact assessment has been carried out for the proposed works at 90 Babbage Road.
Community Consultation
Significant community consultation including a public hearing was carried out through the reclassification and rezoning process. Direct consultation is continuing with the residents adjoining 90 Babbage Road, some of whom will benefit from the proposed works (see Background above). No submissions were received from the public during the statutory notification period for the development application for the subdivision of 4 Binalong Street.
Internal Consultation
Council’s Finance Department have been consulted and have budgeted for the net proceeds from the sale of these two parcels of land. Council’s Development and Regulation Department has processed the development application for 4 Binalong Street, which is scheduled to be determined at tonight’s Council meeting. Council’s Operations Department is currently finishing the detailed design for the proposed works on 90 Babbage Road.
Summary
In February 2012 Council resolved to prepare a planning proposal for three parcels of land allowing their rezoning and reclassification, with the ultimate aim of disposing of them. Through this process only two parcels of land came to fruition, being part of 4 Binalong Street, West Pymble and 90 Babbage Road, Roseville Chase. Whilst Council has resolved to formally seek to discharge all interests for properties, this report seeks formal authority to dispose of each property.
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A. That Council approves the divestment of 90 Babbage Road, Roseville Chase and the proposed Lot 11 or any future property identification of this parcel of land created by subdivision of 4 Binalong Street, West Pymble by public auction.
B. That Council authorises the General Manager and/or his delegate to set the reserve price established by way of two independent valuation reports for each property.
C. That in the event that the properties do not achieve the reserve prices set at auction, that Council authorise the General Manager and/or his delegate to negotiate a contract price.
D. That Council authorises the Mayor and General Manager to execute all documentation and affix the Council Seal, if required, to all documents associated with the sale of these two parcels of land.
E. That following the subdivision of 4 Binalong Street, West Pymble the balance of the land (nominally known as Lot 10) be reclassified as Community land.
F. That net proceeds are allocated to Council’s Infrastructure and Facilities Reserve.
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Ian Dreghorn Manager Strategic Projects |
Andrew Watson Director Strategy & Environment |
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A1View |
Plan of subdivision - 4 Binalong Street, West Pymble |
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2015/290333 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.9 / 303 |
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Item GB.9 |
S10377 |
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5 August 2015 |
Lindfield Local Centre - Commuter Car Parking
EXECUTIVE SUMMARY
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purpose of report: |
The purpose of this report is to seek Council’s approval to submit a proposal to Transport for NSW (TfNSW); the proposal will form the basis for commencing negotiations and completing an agreement between the parties for the provision of commuter car parking spaces in Lindfield local centre. |
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background: |
In May 2012 the NSW Government announced by media release that it will build a new commuter car park comprising 240 new spaces in Lindfield. Since that time, and in accordance with Council resolutions, staff have worked in close liaison with representatives from TfNSW to resolve the location of commuter car parking in Lindfield local centre. |
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comments: |
Council and TfNSW have investigated various options for the delivery of commuter car parking in Lindfield local centre. Extensive analysis has been undertaken of these options and a preferred option has been identified.
Given the stage of planning for the two projects TfNSW has requested that Council submit a formal proposal to the Assistant Deputy Secretary - Planning Division of Transport for NSW for the Minister’s approval for the delivery of 240 commuter car spaces in Lindfield local centre. |
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recommendation: |
That Council submit a formal proposal to TfNSW as the basis for commencing negotiations and completing an agreement between the parties for the provision of 100 commuter car parking spaces as part of the proposed Lindfield Village Green project on the eastern side of Lindfield; and 140 commuter car spaces as part of the Lindfield Community Hub project on the western side of Lindfield. |
Purpose of Report
The purpose of this report is to seek Council’s approval to submit a proposal to Transport for NSW (TfNSW); the proposal will form the basis for commencing negotiations and completing an agreement between the parties for the provision of commuter car parking spaces in Lindfield local centre.
Background
At the Ordinary Meeting of Council on 9 September 2014 Council resolved in part that:
D. Council write to the Minister for Transport with details of the cost of a second level of basement parking seeking confirmation that TfNSW wish to participate in the project, and that a further report is bought to Council advising of the Minister’s decision once an official response has been received.
Further, at the Ordinary Meeting of Council on 23 June 2015 Council resolved in part that:
E. The final concept plan be reported back to Council in 2015 and that the report includes recommendations in relation to the number of commuter parking spaces to be accommodated within the proposal.
Comments
In May 2012 the NSW Government announced by media release it will build a new commuter car park comprising 240 new spaces in Lindfield. Since that time, and in accordance with Council resolutions, staff have worked in close liaison with representatives from TfNSW to resolve the location and number of commuter car parking in Lindfield through the two Lindfield projects – the Village Green and the Community Hub.
Given the stage of planning for the two projects TfNSW has requested that Council submit a formal proposal to the Assistant Deputy Secretary - Planning Division of Transport for NSW for the Minister’s approval as the basis for commencing negotiations and completing an agreement between the parties for the delivery of 240 commuter car spaces in Lindfield local centre. The proposal will cover three key aspects:
1. the proposed location or spatial arrangement of the commuter car parking;
2. the estimated cost of the car parking; and
3. the estimated time for completion of construction.
These matters are discussed below.
1. Commuter car parking – proposed location
Council and TfNSW have investigated various options for the delivery of commuter car parking in Lindfield local centre, including:
· Scenario A - 240 car spaces located on the western side of Lindfield as part of the Lindfield Community Hub project;
· Scenario B - splitting the commuter parking with 100 spaces on the east side as part of the Lindfield Village Green project and the remainder (140) on the west side; and
· Scenario C - 200 commuter parking spaces on the east side and 40 spaces on the western side.
Traffic modelling analysis has been undertaken of these options; the results of these processes are briefly summarised below. There is further discussion in the environmental considerations section of this report and full details can be found in Attachment A1.
a) Scenario A
This scenario involves 240 commuter car spaces located on the western side of Lindfield as part of the Lindfield Community Hub project; this proposal was publicly exhibited during April and May 2015. Overall the main concern that the community has with regard this proposal is they thought that the quantum would be insufficient; this is a matter that Council does not have control of as the figure was determined by TfNSW and their analysis methods are not publicly available. Traffic modelling of this option revealed that 240 additional spaces resulted in some negative network impacts particularly in relation to the Lindfield Community Hub – Options 2 and 4 which have significant retail floor areas.
b) Scenario B
This scenario proposes to split the commuter parking with 100 spaces on the east side as part of the Lindfield Village Green project (and the remainder on the west side as part of the Lindfield Community Hub project). This proposal was exhibited during April and May 2015 as part of the design competition for the Lindfield Village Green. This proposal was generally seen as positive by the community during the exhibition period as it was understood these spaces will be available outside peak times for general public parking. This was seen as particularly valuable on Saturday morning which is the busiest time in the area (and would to some extent offset the proposed reduction of public parking on the site).
Residents living next to or nearby the proposal on Milray Street and Tryon Road identified their key concern as being the impacts of traffic accessing the car park. Residents of Tryon Road identified their preference for vehicle access to be from Milray Street; residents of Milray Street identified their preference for vehicle access to be from Tryon Road. To ensure this matter is addressed appropriately a further traffic study was prepared using the Lindfield Local Centre Transport
Network Model; the results of this analysis show clearly that a vehicular entrance off Tryon Road has significant impacts on the network while an entrance off Milray Street is acceptable.
c) Scenario C
This scenario proposes 200 commuter spaces under the Lindfield Village Green; Council has undertaken assessment of this option using the Lindfield Local Centre Transport Network Model and it was found that the scenario would have unacceptable traffic impacts on the network on the eastern side of Lindfield.
This option is also not considered unacceptable because:
· community concern regarding vehicle access to the Lindfield Village Green is likely to be exacerbated by adding an additional 100 spaces to the proposal;
· the proposal has not been publicly exhibited;
· the proposal adds additional financial and procurement risks to the Lindfield Village Green project for Council; and
· the proposal would result in an imbalance of commuter car parking across the centre forcing commuters on the western side to travel to the east to find a parking space.
2. Commuter car parking – estimated cost
On 23 June 2015 Council adopted a preferred concept plan for the proposed Lindfield Village Green; this option included two levels of basement parking; basement level 1 would provide 80 public short stay car spaces and basement level 2 would provide for up to 100 car spaces plus 20 spaces at-grade. During the public exhibition the commuter car parking was shown as “subject to funding” as at the time, and to date, no formal agreement had been reached with TFNSW.
Council engaged Rider, Levett & Bucknall (RLB) Quantity Surveyors, to prepare a preliminary estimate of the construction costs for each of the concept designs; the final report Lindfield Village Green - Design Competition - Concept Design Stage – Supplementary Estimate Report, 05 March, 2015 is attached in full in Confidential Attachment A2 of this report.
The cost estimate report takes into account the following:
· construction of a new single level basement public car park with provision for up to 80 public car spaces (Council owned and managed);
· an option for an additional (second) level basement car park for up to 100 commuter (long stay) car spaces (ownership and management responsibilities subject to agreement with TfNSW);
· construction of a new park/civic space with a minimum size of 2,700m2;
· streetscape works to adjoining streets and lanes;
· road and transport works to adjoining streets and lanes; and
· Council’s total project budget of $19.7 million.
The estimated construction costs of a two level basement car park are set out in Confidential Attachment A3.
The RLB cost estimate notes a number of assumptions, conditions and limitations in relation to their estimates largely resulting from the high level concept design used for their cost estimating.
a) Major Assumptions
· 500mm depth of excavation in material classed as General Solid Waste (GSW) to the existing carpark area;
· an allowance for service relocations in roads and footpaths including proposed parklands;
· existing service infrastructure is not requiring an upgrade or replacement to currently installed supply mains;
· new road surfacing to existing carriageways; and
· bulk excavation and imported material volumes to be confirmed.
b) Other Assumptions
· 500mm depth of excavation in material classed as General Solid Waste (GSW) to the existing car parking specifications;
· an allowance for service relocations in roads and footpath and proposed parklands;
· existing service infrastructure is not requiring upgrade or replacement;
· new road surfacing to existing carriageway;
· the proposed designs comply with current design codes;
· major service infrastructure supply lines do not require relocation;
· garden retaining walls adjacent to railway corridor are not considered to be included in the works;
· allowances for security systems such as CCTV are limited to a “general” allowance within the nominated rates for electrical services; and
· costs based upon rates applied to measured elemental quantities current as at February 2015.
c) Exclusions
No allowance has been made for the following cost items:
· any costs and fees as a result of any development approval resubmissions;
· any special or additional contributions sought by authorities for public or other facilities as a condition of development approval;
· artworks or sculptures not noted in design documents;
· demolition and site clearance beyond site boundaries;
· land and legal costs;
· loose furniture, fittings and equipment;
· promotion/marketing costs;
· real estate agent’s fees and leasing costs if applicable;
· removal of asbestos and other hazardous materials;
· site decontamination beyond GSW noted in section 3.6;
· staging/phasing costs should the works not be constructed as a single contract;
· strata title registration and survey or similar;
· sub-station contribution or relocation;
· tenant fit out including upgrade of services, joinery and finishes;
· commercial space indoor and outdoor seating, tables, and other loose furniture;
· commercial space specialist equipment;
· tenant incentive and/or relocation contributions for cafes and the like; and
· work outside site boundaries.
d) Risk Assessment of Design Solutions
RLB identify the following risks in relation to the preferred option noting that it is a concept design with limited detail:
· landscape including tree selection not included in document;
· bulk excavation volumes to be confirmed;
· allowance for engineering services based on a per square metre subject to detail design;
· limited information available as to the extent of service relocation required to road and footpath areas;
· structure to pavilions subject to future detail;
· selected finishes on information available to date indicates finishes are well known types of finishes; and
· minimum additional loading required for top soil to roof of basement.
The above matters will be clarified as detail design progresses.
3. Summary of findings
Based on extensive analysis and the findings of recent traffic studies the preferred configuration is to split the commuter parking with 100 spaces on the east side as part of the Lindfield Village Green project and the remainder (i.e. 140 spaces) on the west side as part of the Lindfield Community Hub project.
Based on the estimate report prepared by Council’s quantity surveyors the estimated cost per car space has been calculated and is provided in Confidential Attachment A3; the figure is considered a reasonable starting point to commence negotiations with TfNSW on the basis that it is an in-principle sum subject to assumptions, limitations, exclusions and risks identified by RLB in Lindfield Village Green – Design Competition Concept Design Stage - Supplementary Estimate Report JMD / TZG Alternative Design Options, 5th March 2015 (Confidential Attachment A2).
4. Next Steps
It is recommended that Council submit a formal proposal to the Assistant Deputy Secretary - Planning Division of Transport for NSW with the following information:
· Background;
· preferred option selection process;
· key reasons for choosing preferred option – what Council and community liked;
· details for preferred option;
· outcome of traffic impact assessment (including b3 level); and
· additional costs within QS incurred by Council.
It is further recommended that the basis on which Council commences negotiations with TfNSW with a view completing an agreement between the parties be as follows:
a. provision of 100 car spaces on the east side of Lindfield as part of the Lindfield Village Green project;
b. provision of 140 car spaces on the west side of Lindfield as part of the Lindfield Community Hub project;
c. car parking to be provided as a stratum within multi-level basement car park;
d. in-principle cost per car space as identified in Confidential Attachment A3 as the basis for commencing negotiations and completing an agreement between the parties subject to further clarification of assumptions, limitations, exclusions and risks identified by RLB in Lindfield Village Green – Design Competition Concept Design Stage - Supplementary Estimate Report JMD / TZG Alternative Design Options, 5th March 2015 (Confidential Attachment A2);
e. additional sum (to be quantified) for consultancy fees for quantity surveyor, transport planner and designers for preparation of concept design work on second basement level of car park;
f. current time frame for delivery of the Lindfield Village Green and associated parking is early 2018 assuming a 12 month construction program; and
g. current time frame for delivery of the Community Hub is mid-2020 assuming a 30 month construction program.
integrated planning and reporting
Places, Spaces and Infrastructure – P4 Revitalisation of our centre
Community, People and Culture – C4 Healthy lifestyles
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place. |
P4. 1.1 Plans to revitalise local centre are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community. P4. 1.4 An improvement plan for Lindfield centre is being progressively implemented in collaboration with owners, businesses and state agencies |
Implement a place management approach for the local centre improvements to co-ordinate works and achieve quality outcomes. Engage with relevant stakeholders to establish timing, extent and partnership opportunities. Undertake due diligence and undertake project scope. Identify and engage with the key stakeholders. |
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A healthy, safe and diverse community that respects our history and celebrates our differences in a vibrant culture of learning. |
C4. 1.2 New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment. |
Undertake acquisitions for new parks. Undertake assessment and identify locations for new parks. Complete the design for identified parks and include design principles which facilitate passive recreation activities. Construct parks at identified locations and include design principles which facilitate passive recreation activities. |
Governance Matters
These projects have been reported extensively to full Council since 2011; the reports have addressed a broad range of matters including open space planning, project definition, project scope and budget, tenders, community engagement and concept plans and compulsory acquisition.
On 23 June 2015 Council adopted a preferred concept plan for the proposed Lindfield Village Green, this necessitates finalisation of a parking numbers so that the project scope can be finalised, detail design can commence and cost estimates further refined.
On 6 October Council adopted a preferred option for Lindfield Community Hub and resolved to advertise an expression of interest. Resolution regarding the number of commuter car spaces to be included within the development is required to add certainty to the EOI.
Risk Management
A key risk to both projects has been identified as a lack of clarity over the quantum of commuter parking numbers to be included in the projects and the funding which will be available from TfNSW; further the impact on the project budget is unquantified.
This report is a further step in mitigating this risk by allowing Council to negotiate with TfNSW and reach agreement on these matters.
There are significant project and construction risks associated with the addition of commuter parking which will need to be identified, quantified and assigned between the parties as part of the negotiations with TfNSW.
Financial Considerations
Refer Confidential Attachment A3 for Financial considerations.
Social Considerations
It is anticipated that there would be significant advantage to the community through the provision of commuter car parking on both the eastern and western sides of Lindfield:
· parking supply – commuter parking spaces will be available for general public use on weekday evenings and the weekend;
· events – if Council wishes to run events on the proposed park such as markets or outdoor cinema additional parking spaces will be available;
· enhanced reputation – the proposal for additional commuter spaces was strongly supported by the community during the public exhibition;
· early delivery - the delivery time is likely to be within the next two years for the Lindfield Village Green whereas delivery on the western side as part of the community hub is likely to be 4 years or more; and
· balanced supply – provision of 100 spaces will assist commuters arriving from the east as they will not have to cross the Pacific Highway;
Environmental Considerations
Traffic and parking have been identified as the two main concerns of the proposal for commuter parking by the community, particularly on the eastern side of Lindfield.
Extensive analysis has been undertaken of the options discussed earlier in this report including traffic modelling and public engagement; the results of these processes are briefly summarised below (full details can be found in Attachment A1).
Council sought a traffic impact assessment on the Lindfield network traffic model for an additional basement level commuter car parking, increasing to a potential 200 car spaces within the Lindfield Village Green project. The findings show a commuter car park of this size would have negligible effects on the overall traffic model however such a concentration of car parking on the Lindfield Village Green site would raise potential issues with local traffic, parking and land use management together with streetscape movement and connectivity.
The proposal for a basement car park entry sited on Milray Street is supported by the traffic assessment. This access point would improve the performance of the traffic model and traffic access to and from the Pacific Highway; as opposed to a Tryon Road entry point. An access point sited on Tryon Road would generate additional conflict with pedestrians accessing Lindfield Avenue; additionally traffic congestion would occur during the morning peak along Tryon Road, Lindfield Avenue and Milray Street accessing the basement car park. In the afternoon peak, commuter car park users would be unable to exit from the car park onto Tryon Road due to this congestion, resulting in the worst case scenario for car park users.
In relation to the Lindfield Hub the traffic model shows that locating 240 commuter spaces will create conflicts particularly on Saturdays when the community typically seeks retail facilities. Given that the opportunities for retail, supermarket and community facilities will be based on the Community Hub site (Lindfield west), then the traffic demands and congestion from Lindfield (east) will significantly deteriorate and impact negatively on the local community. Increased delays in traffic queues will be generated at key intersections.
The splitting of the commuter car parks between the Woodford Lane and Lindfield Village Green sites would further alleviate the deterioration of Saturday congestion due to the use of the commuter car park by town centre visitors as well as reduce the need to cross the highway to find available parking spaces.
To spread the increased traffic load generated by the additional commuter car park facilities on local streets, the splitting of the commuter car parking between Council’s two major sites is recommended. Maintaining the commuter car park space Community Hub (140) to Village Green (100) proportion will reflect the Lindfield local centre land use appropriately. The Community Hub providing intensive land use with retail and community facilities; and the Lindfield Village Green offering public open space amenity.
Community Consultation
Council started engaging with the local community on the opportunities and vision for the Lindfield Community Hub in early 2014 by creating the ‘Activate Lindfield’ initiative. Since that time, 692 residents, business owners and other interested stakeholders have signed-up to the Activate Lindfield e-newsletter. The public exhibition for the projects spanned a period of eight (8) weeks, from Saturday, 21 March to Friday, 8 May 2015 with a further extension to Thursday, 14 May 2015. During this time, the community was invited to provide feedback on the four (4) master plan options for the Lindfield Community Hub and three options for the Lindfield Village Green. At the same time a number of options were canvassed for the location of commuter car parking.
Full details of the community engagement undertaken to date were reported to Council on 6 October 2015 GB.10.
Internal Consultation
Internal consultation for this project is prescribed by the Governance Structure (decision-making framework/hierarchy) for the project which is as follows:
· Councillors;
· Executive Steering Committee (GMD);
· Project Sponsor - Director Strategy and Environment;
· Project Manager - Team Leader Urban Design;
· Project Control Group (PCG) (meetings are currently held bi-monthly);
· Project Working Group (PWG); and
· Tender Review Committee (various).
Summary
Council has exhibited and subsequently adopted preferred options for both the Lindfield Village Green and the Lindfield Community Hub.
A key risk to both projects has been identified as a lack of clarity over the quantum of commuter parking numbers to be included in the projects and the funding which will be available from TfNSW; further the impact on the project budget is unquantified.
This report finds the preferred spatial arrangement of commuter parking is 100 spaces on the east side as part of the Lindfield Village Green project and 140 spaces on the west side as part of the Lindfield Community Hub project.
Based on the estimate report prepared by Council’s quantity surveyors the estimated cost per car space is identified in Confidential Attachment A3; this figure is considered a reasonable starting point to commence negotiations with TfNSW on the basis that it is an in-principle sum subject to assumptions, limitations, exclusions and risks identified by Council’s quantity surveyor.
Current project planning suggests that the commuter car parking component of the Lindfield Village Green could be operational by mid-2018 and the Lindfield Hub commuter parking operational two years later in mid-2020.
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A. That Council submit a formal proposal to TfNSW for the provision of commuter car parking in Lindfield based on the following key terms:
- Provision of 100 car spaces on the east side of Lindfield as part of the Lindfield Village Green project; - Provision of 140 car spaces on the west side of Lindfield as part of the Lindfield Community Hub project; - Car parking to be provided as a stratum within multi-level basement car park; - Current time frame for delivery of the Lindfield Village Green is mid 2018 assuming a 12 month construction program and 12 month development approval process; and - Current time frame for delivery of the Community Hub is mid-2020 assuming a 30 month construction program and 12 month development approval process.
B. That the basis on which Council commences negotiations with TfNSW, with a view to completing an agreement between the parties, be an “in principle” cost as identified in Confidential Attachment A3 subject to further clarification of assumptions, limitations, exclusions and risks identified by RLB in Lindfield Village Green – Design Competition Concept Design Stage - Supplementary Estimate Report JMD / TZG Alternative Design Options, 5th March 2015; and an additional sum (to be quantified) for consultancy fees for quantity surveyor, transport planner and designers for preparation of concept design work on the second basement level of car park to date. Further, the agreement shall take into account the project risk, land ownership, maintenance and operating costs, and future rights of access to the parties.
C. That the General Manager and his delegates be delegated authority to negotiate an “in principle” agreement with TfNSW;
D. That a report be bought back to Council with the results of negotiations once an “in principle” agreement has been reached between the parties for Council approval.
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Bill Royal Team Leader Urban Design |
Antony Fabbro Manager Urban & Heritage Planning |
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Andrew Watson Director Strategy & Environment |
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A1View |
Lindfield Local Centre - traffic modelling - technical note |
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2015/290870 |
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Supplementary Estimate Report - Lindfield Village Concept Design - JMD & TZG Alternative Design Options - 05.03.15 |
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Confidential |
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Lindfield - commuter car parking - estimated cost and financial considerations |
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Confidential |
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Ordinary Meeting of Council - 10 November 2015 |
GB.10 / 325 |
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Item GB.10 |
S06785/3 |
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1 October 2015 |
Update Report on the Development Contributions System
EXECUTIVE SUMMARY
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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. |
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background: |
Development contributions are a whole-of-Council activity, encompassing policy development, development assessment, customer services, financial management, project management and delivery of community assets. |
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comments: |
This report focuses on key aspects of the development contributions policy, systems management and communications and highlights in asset instigation. |
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recommendation: |
That the information in the report be received and noted. |
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.
Background
Development contributions are a whole-of-Council activity, encompassing policy development, development assessment, customer service, financial management (including works programme cash-flow) and project management and delivery of community assets.
A report is provided to Council on a twice yearly basis outlining progress on the delivery of key items of infrastructure through the development contributions system. This report focuses on key aspects of development contributions policy, systems management and communications and highlights in asset instigation.
The key focus of this update report is Turramurra including progress on the effective doubling in size of Cameron Park; the acquisition of the final targeted property for the Duff/Allen Park and the commencement of the design phase for that park; and progress towards works in the Turramurra Local Centre.
Other highlights include progress towards an indirect S94A Contributions Plan to complement the existing Ku-ring-gai Contributions Plan 2010 (applying to development that the main Contributions Plan does not apply) and updates on the twin Lindfield Projects.
Comments
Cameron Park Turramurra – Gilroy Road, Turramurra
In 2011, as part of its adopted Open Space Acquisition Strategy, Council purchased four residential properties in Gilroy Road, Turramurra adjacent to Cameron Park. The properties were purchased to provide additional public open space using funds generated through Ku-ring-gai Contributions Plan 2010 from recent multi-unit development in the area. Approximately 2,600sqm of land has been acquired, which will effectively double the size of Cameron Park to provide over 5,500sqm of public park.
Located near Turramurra Station and the Rohini Street shopping strip, the park will serve a large proportion of local residents as well as those in nearby suburbs. Nearly 2,000 households within a kilometre of Cameron Park were surveyed to establish what they thought the extended park should contain. A draft concept plan was exhibited for public comment and after incorporating stakeholder feedback, a final concept plan was adopted by Council in 2013.
Image: Cameron Park Concept Plan
The park will provide open, sunny, grassed areas, shade trees, waterwise gardens and a multi-purpose paved area with an outdoor table tennis table and picnic facilities. A new pathway system, seating, fencing, lighting and a self-cleaning accessible public toilet will also be provided. Cameron Park’s significant oak trees will be retained and its popular play facilities, sculpture and bicycle path will be renovated and upgraded to create a vibrant area for community recreation and leisure activities.
Council has demolished the existing dwellings on the site. Detailed construction plans have been tendered, and a project contractor has been appointed. The park is expected to be completed by the end of 2015 at an anticipated construction cost of around $1.35 million.
Cameron Park will be the third new park to be delivered in Ku-ring-gai as part of infrastructure provision to support intensive redevelopment. Balcombe Park Wahroonga was opened in 2012 and Greengate Park Killara was completed in late 2013 and formally opened in 2014.
Duff and Allen Streets Turramurra – New Park
Council acquired three of the four targeted properties for the provision of a new park on the western side of the Turramurra Local Centre between September 2008 and September 2010.
The acquisition of the fourth and final property has now occurred with settlement taking place on Tuesday, 6 October 2015. The acquisition of the last property allows the community consultation and detailed design processes to begin, following the same progression as Greengate Park in Killara and Cameron Park on the eastern side of Turramurra.
Council staff are currently preparing documentation to authorise demolition of the four properties during the first half of 2016. Concurrently a community consultation process will commence which will inform the detailed design of Ku-ring-gai’s next new park.
Turramurra Local Centre – Concept Plans and Master Planning
The Turramurra Civic Precinct includes a new branch library, multi-purpose community facilities, a large town square, a linear park, new retail and residential uses, activation of Forbes Lane, and the potential relocation of Turramurra Village Park within the site.
Council is currently undertaking further research including feasibility and traffic assessment of the proposal with the results to be reported to back Council.
Greengate Park Killara
Since the last Update Report, Greengate Park Killara – which was wholly funded by contributions from new development in the vicinity – was the front page feature article in the North Shore Times on Friday, 8 May 2015. Please see Attachment A1.
It is very pleasing to see the local residents coming together – and building a whole new community – centred on the new park funded from the development contributions from new development in the area in which they live.
It is proof that, in Ku-ring-gai, development contributions from new development really are achieving exactly has always been envisioned: infrastructure supporting new communities.
Congratulations should go to all the residents around Greengate Park Killara for taking the initiative towards building a community with their new neighbours. Ku-ring-gai Council can be delighted that the newly provided infrastructure, through providing a place to meet, is helping to support and welcome the newest members of our community.
Updates on the Lindfield Village Green
At OMC 23 June 2015 Council endorsed the JMD Design & TZG concept design as the preferred option for the Lindfield Village Green. The concept creates a significant lawn area with two perimeter pavilions to frame the green and includes:
· public open space in the form of a park or civic plaza;
· public car parking with long and short-stay options;
· a pavilion for leasing as a café or restaurant with public seating, toilets and a lift;
· new paving, seating, landscaping, lighting and underground power lines;
· climate cooling features such as cross-ventilation and natural reflective surfaces; and
· water sensitive urban design features such as stormwater harvesting.
JMD Design + Tonkin Zulaikha Greer proposal
A Tender is currently being prepared to engage a consultant team to refine the adopted concept plan, prepare the Development Application and prepare preliminary tender documentation.
Updates on the Lindfield Village Hub
This project aims to deliver new community infrastructure including a local park and town square, a community centre and new branch library. Assessment of the four options has been completed and Council adopted Option 2 to proceed to an EOI for development proposals at OMC 6 October 2015. It is anticipated that the EOI will be assessed and reported back to Council in the first half of 2016.
Option 2 – SJB
Gordon Bus Interchange – public domain and integration works
In partnership and collaboration with Transport for NSW, Council funded and undertook certain public domain and integration works between the Gordon Bus Interchange and the Henry Street/Wade Lane area:
· additional public domain work in station entry area in St Johns Avenue/Wade Lane, including palm trees, entry feature, interpretive signage and extension of paving to Wade Lane car park;
· integration with Annie Forsyth Wyatt Reserve;
· pedestrian crossing in Henry Street, near St Johns Avenue (including provision for lighting upgrade); and
· pedestrian refuge in Ravenswood Avenue near Henry Street;
Some of this work is also in preparation for upcoming streetscape improvement works in St Johns Avenue.
Roundabout at intersection Henry Street and underpass road, Gordon
During the planning of the Gordon Bus Interchange and Commuter Car Park, it became evident that a roundabout at the intersection of Henry Street and the underpass road would provide benefits to traffic flow and circulation. Negotiations with Transport for NSW resulted in a 50% contribution from Transport for NSW towards the cost of design and construction of the roundabout. Staff in Operations are preparing a design, with the roundabout expected to be completed by June 2016. A roundabout at this location was envisaged as part of the traffic scheme for the Gordon local centre.
New road between Dumaresq Street and McIntyre Street (to be known as Beans Farm Road)
During the planning of the Gordon local centre, Council engaged consultants to undertake an area-wide traffic study of the Gordon local centre. This study examined the existing traffic situation, and considered the cumulative traffic generating impacts of all redevelopment under the LEP, which includes retail, commercial and residential land uses. It also considered various traffic flow and intersection improvement options around the town centre. Although limited opportunities became evident during the study, a number of traffic improvement measures in the vicinity of the site were recommended to cater for the additional growth in the Gordon town centre.
One such item of infrastructure is a proposed new road between Dumaresq Street and McIntyre Street, Gordon. The purpose of this road is to provide additional pedestrian, bicycle and vehicle permeability in the western part of the Gordon town centre by breaking up the long blocks between the Pacific Highway and Vale Street. The proposed road also acts as a separation/buffer between the adjoining R3 and R4 zones.
The project involves construction of a new local road (approximately 144m long) on a 15m wide road reservation formerly known as No. 41 Dumaresq Street and No. 36 McIntyre Street. Demolition of the existing dwellings on the above lots was undertaken and construction of the road commenced in mid-2015 with completion imminent. A 7.5m wide road carriageway provides for vehicle circulation, while a footpath along the eastern side caters for pedestrian movements. At the low point (roughly mid-way), a wide culvert has been installed to straddle the riparian corridor, and the project incorporates landscaping, street lighting and retaining walls.
Acquisition of 33 Moree Street, Gordon
Council has progressed the acquisition of the 33 Moree Street, Gordon to provide the final parcel of land for the new road link between Dumaresq Street and Moore Street. The purpose of this road is to provide additional pedestrian, bicycle and vehicle permeability in western part of the Gordon town centre by breaking up the long blocks between Pacific Highway and Vale Street
The land acquisition was funded by development contributions as it is for the purpose of a new local road as identified in the Ku-ring-gai Contributions Plan, 2010 (KCP) and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP 2012).
An indirect s94A Contributions Plan for Ku-ring-gai
An indirect, or s94A Contributions Plan, is a document which permits a council to seek to levy contributions on the basis of a percentage of the development cost. This compares to direct nexus Contributions Plan like the current Ku-ring-gai Contributions Plan 2010 where the demand is quantified by a direct assessment of the population or traffic generation increase caused directly by a specific development on a formula basis. The draft s94A Contributions Plan 2015 currently on exhibition is not intended to replace Ku-ring-gai Contributions Plan 2010 but is intended to complement it by applying to development that is not covered by that main contributions plan. For example, this would be mostly small-scale residential development over $100,000 in value such as knock-down rebuilds and significant alterations and additions as well as commercial development in local neighbourhood centres outside the key local centres. The two contributions plans will be mutually exclusive. No one development can be levied under both contributions plans.
The draft s94A Contributions Plan 2015 was reported to Council for exhibition at the OMC of 25 August 2015 and commenced exhibition on Friday 25 September and ended on 30 October 2015.
Staff are currently working on documenting and supporting implementation procedures to enable an efficient implementation process and this will be reported back to Council for adoption.
Subregional Plans – Implications for Infrastructure funding and delivery in Ku-ring-gai
Subregional planning by the NSW State Government is proceeding and is in the process of setting up the Greater Sydney Commission to oversee the future implementation of subregional planning.
Both the nature and content of the subregional plans will have an impact on contributions planning in Ku-ring-gai. Also with the potential for impact is the outcome of the Fit for the Future processes which are, at the time of finalising this report, still unknown.
integrated planning and reporting
Theme One: Community, People and Culture
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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C1.1 An equitable and inclusion community that cares and provides for its members |
Our community facilities are accessible and function as cultural hubs to attract a range of users |
C6.1.1.1.1-C6.1.1.1.3 New community facilities under design and planned delivery for Lindfield Town Centre |
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C4.1 A community that embraces healthier lifestyle choices and practices |
New and enhanced open space and recreation facilities have been delivered to increase community use and enjoyment |
C4.1.2.1.1; C4.1.2.1.2; and C4.1.2.1.3 Greengate Park ready to open. Eton Road Oval and community centre opened 17 December 2013. Balcombe Park Wahroonga opened last year. Cameron Park Turramurra ready to commence construction. |
Theme Three: Places, Spaces and Infrastructure
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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P1.1 Ku-ring-gai’s unique and visual character and identity is maintained |
Place making programmes are being implemented for selected council owned areas |
P1.1.1.1.2 Lindfield town centre – both east and west of the railway line/Pacific Hwy – undergoing urban renewal |
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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. |
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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 is the first centre to undergo comprehensive Masterplanning for revitalisation. |
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P6.1 Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs |
A programme is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities. |
C4.1.2.1.2-3; New facilities are being established including: Eton Road Oval, Greengate Park and Cameron Park. |
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P7 Multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs |
Standards are developed to improve the condition and functionality of existing and new assets |
C6.1.2.1.2 New community facilities including a new library and multi-purpose community facilities are in the Masterplanning stages for Lindfield. |
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P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets |
Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity |
C6.1.2.1.2; C4.1.2.1.3 New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities. |
Theme Four: Access, Traffic and Transport
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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T1.1 A range of integrated transport choices are available to enable effective movement to, from and around Ku-ring-gai |
A network of safe and convenient links to local centres, major land uses and recreational opportunities is in place |
C6.1.2.1.1; T1.1.3.1.1 Lindfield Commuter car park, park, community facilities and realigned Drovers Way. |
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T3.1 An accessible public transport and regional road network that meets the diverse and changing needs of the community |
A strategic access, traffic and transport plan is being implemented for the Northern Sydney Region |
C6.1.2.1.1; T 1.1.3.1.1 Commuter car parking and new link roads |
Theme Six: Leadership and Governance
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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L1.1 A shared long term vision for Ku-ring-gai underpins strategic collaboration, policy development and community engagement |
Council’s responses to government policy and reforms are guided by and aligned with the adopted Community Strategic Plan 2030 “Our Community – Our Future” |
L1.1.2.1.1 and L1.1.2.1.2 Ku-ring-gai made a comprehensive submission to the White Paper and Planning Bill and continues to have input into on-going planning for the future Planning System in respect of the future contributions system with the Department of Planning and Infrastructure |
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L2.1 Council rigorously manages its financial resources and assets to maximise delivery of services |
Council expenditure satisfies the needs of the community and Council has increased its commitment to infrastructure asset management priorities |
C6.1.1.1.2 Council is leveraging the value of its assets to combine with contributions to deliver major community assets in Lindfield |
FIT FOR THE FUTURE IMPROVEMENT ACTION PLAN
The NSW Government's Fit for the Future initiative required all councils to prepare an Improvement Proposal and supporting Implementation Plan demonstrating how all seven Fit for the Future benchmarks would be met by 2016/17, and maintained or improved thereafter.
Council's Fit For the Future Improvement Proposal and supporting Implementation Plan underpins the decision to stand alone and not merge with Hornsby Council. The objectives established in the Improvement Proposal and Implementation Plan are embedded in Council's adopted Integrated Planning and Reporting documents including the Revised Delivery Program 2013-2017 and Operational Plan 2015-2016, Long Term Financial Plan 2015/16 to 2024/25 and Asset Management Strategy 2015/16 to 2024/25.
The outcome of the Fit for the Future assessment process remains unknown at the time of finalising this report.
Development contributions and the funding and delivery of infrastructure supporting development are some aspects among many of the Fit for the Future issues.
Governance Matters
Regular reporting
The need to give members of Council and the community more information on the progress and activity in the development contributions systems was identified as part of the Delivery Program and the Operational Plans. This update report has been provided regularly (generally twice yearly) since 2011. It is also intended to provide additional information and links on Council’s website throughout the year.
Risk Management
A rolling works program
The works programme arising out of Ku-ring-gai Contributions Plan 2010 through to at least 2031 is a multi-million dollar undertaking. Infrastructure delivery will be possible only through the receipt of contributions which will be affected by several economic cycles over the life of the contributions plan. The risks in taking such a strategic horizon are managed through regular reviews of the contributions plan, at a minimum after the release of data from each five-yearly census or, more frequently, if the pace or scale of development is definitely changed by any statutory process or economic cycle. The rate and scale of development is monitored by Council staff. Sydney Water figures for delivered dwelling yield are also referenced.
Acquisition of a number of targeted sites by negotiation has not been possible. Council may need to consider compulsory acquisition of some of these sites to assist with finalisation of a range of park and local road land projects in a timely manner. If this approach becomes necessary, this would present a risk.
Proposed reforms to the Planning Legislation that governs development contributions
It is becoming more apparent that the Planning Reforms which were intended to replace the Environmental Planning and Assessment Act with a new piece of legislation have not significantly progressed since they failed to gain Senate support at the end of 2013 and are no longer likely to be finalised as originally envisaged.
There are alternative mechanisms available to the NSW Government for the introduction of some of the reforms affecting development contributions, for example via Ministerial Direction under s94E or via amendments to the Environmental Planning and Assessment Regulation. This matter may be revisited as part of the sub-regional planning process currently being undertaken by the NSW State Government.
Financial Considerations
Council maintains a dynamic Long Term Financial Plan. The works program of Ku-ring-gai Contributions Plan 2010 was integrated into the Long Term Financial Plan from the start of 2011 and adopted by Council on 3 May 2011. Since that date, it has been updated annually and duly reported to Council to ensure its currency. Staff from both the Finance Unit and the Urban Planning & Heritage Unit monitor both income and development growth respectively and liaise to maintain a deliverable works programme. The scheduling of works through to the long term should be considered somewhat fluid depending on strategic opportunities that might arise from time-to-time and the management of cash flows during the economic cycle.
In this context, the Ku-ring-gai Contributions Plan 2010 comprises a large range of works from small-scale parkland embellishments to major community infrastructure which facilitates considerable flexibility in managing a financially deliverable work programme over time.
Ku-ring-gai Council Finance staff continue to refine the cash-flow management of development contributions to support and facilitate the delivery programme over the life of the Contributions Plan.
A much-anticipated improvement is a dedicated cash-flow management system feeding into the Long Term Financial Plan for the analysis and improved financial cash-flow management of development contributions.
This remains a high priority in view of the multiple sources of funding for major projects.
Social Considerations
Ku-ring-gai Local Government Area has been going through a period of change commencing in 2004. This is bringing about population growth and demographic change following years of declining and stable population since the 1980s. Infrastructure is essential to support and encourage the integration of the new residents in Ku-ring-gai, both among residents of the new dwellings being built and those moving into larger existing housing vacated by the members of Ku- ring-gai’s older population who have ‘downsized’ into smaller local accommodation.
The provision of additional community infrastructure providing both outdoor and indoor community spaces will continue to support this process and help Ku-ring-gai continue to be a vibrant and popular place to live for all ages.
Ku-ring-gai Council continues to prioritise the delivery of community infrastructure in areas of high development activity and in accessible locations for the majority of residents as well as local businesses and their employees.
Environmental Considerations
Environmental considerations are part of the detailed design of every item of infrastructure provided for in the Contributions Plan. The provision of this infrastructure is required to support cohesive and sustainable communities in areas of increasing urbanisation.
Community Consultation
One of the areas where Council could do better is in the publication of information relating to the delivery of infrastructure arising from development contributions on an on-going basis. The review, redesign and upgrade of Ku-ring-gai Council’s website can facilitate this process. This remains a key objective but has been delayed by other priorities.
As well as providing a current information resource for the community and local developers, this visual demonstration of Council’s on-going delivery of infrastructure will also assist in addressing inquiries from the media and from external development agencies related to the expenditure of development contributions and the delivery of infrastructure.
Internal Consultation
The management of the development contributions system is a truly whole-of-Council system from policy development, to contributions calculation, through inflation and receipting to infrastructure development. All aspects of the contributions system are co-ordinated across Council with input from all areas with a direct interest in that aspect on an on-going basis.
Summary
This report summarises Ku-ring-gai’s achievements in infrastructure delivery and well as highlighting where Ku-ring-gai is heading in the delivery of infrastructure funded, or partly funded, by development contributions across the LGA with particular reference to the local centres where the majority of redevelopment is concentrated.
It includes an update on the community and civic projects currently progressing through the early planning stages in Turramurra and now in advanced planning stages for Lindfield.
This report is the eight in a series of updates since 2011.
It should be noted that this is a summary outline report. More technical and financial detail is reported quarterly in Council’s Long Term Financial Plan, in Council’s annual budget and, in respect of major items of infrastructure for example Lindfield Community Hub, Lindfield Village Green and the Turramurra Civic Project and major new parks are also subject to separate, more detailed, project reporting.
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A. That the latest update report on the development contributions system in Ku-ring-gai be received and noted.
B. That Ku-ring-gai Council commends the residents in the streets surrounding Greengate Park in Bruce Avenue Killara for their initiative and commitment in forging a new community.
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Kate Paterson Infrastructure Co-ordinator |
Antony Fabbro Manager Urban & Heritage Planning |
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Andrew Watson Director Strategy & Environment |
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A1View |
North Shore Times Article Friday 8 May 2015 |
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2015/272400 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.11 / 339 |
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Item GB.11 |
S10749 |
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28 September 2015 |
Lindfield Community Hub - planning proposal and site-specific DCP
EXECUTIVE SUMMARY
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purpose of report: |
To update Council on the requirement to prepare a planning proposal to amend Ku-ring-gai LEP (Local Centres) 2012 (KLEP 2012) and to prepare a site-specific DCP to reflect the adopted preferred master plan option for the Lindfield Community Hub site. |
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background: |
At OMC of 6 October 2015, Council resolved the following: · That Council adopts a variation of Option 2, with a maximum building height of 7 (seven) storeys, for the purposes of an Expression of Interest (EOI), which excludes Scouts and Ausgrid land; · That Council advertises an EOI seeking proposals from development companies based on Option 2 (revised EOI version); · That Council adopts certain mandatory elements as part of the scope of works of the EOI; and · That Council adopt a program for the EOI process. |
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comments: |
In order to implement the adopted preferred master plan option for the Lindfield Hub site, a Planning Proposal is required to amend the zoning of the site to B2 Local Centres with a maximum building height of 26.5m and an FSR of 1.3:1. A site-specific DCP is to be prepared and a Traffic Management Plan adopted to facilitate development of the site. |
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recommendation: |
That Council resolve to submit a planning proposal to amend KLEP 2012 to amend the zoning, building height and FSR of the site; That Council resolve to prepare a site-specific DCP to reflect the adopted Preferred Master Plan Option for the site (revised EOI version); That Council adopts in principle Option 1C of the Transport Management Plan for the Lindfield Local Centre. |
Purpose of Report
To update Council on the requirement to prepare a planning proposal to amend Ku-ring-gai LEP (Local Centres) 2012 (KLEP 2012) and to prepare a site-specific DCP to reflect the adopted preferred master plan option for the Lindfield Community Hub site.
Background
At OMC of 6 October 2015, GB.10, Lindfield Community Hub Update Report, Council resolved the following:
A. That Council adopts Option 2 (as exhibited) with a maximum building height of 7 (seven) storeys as the preferred option for the Lindfield Community Hub project;
B. That Council adopts a variation of Option 2, with a maximum building height of 7 (seven) storeys, for the purposes of an Expression of Interest (EOI), which excludes Scouts Association land located at 1A Beaconsfield Parade, Lindfield (Lot 2 of DP184154; Lot C of DP 399995; and Lot A of 327729) and AUSGRID land located at 1 Beaconsfield Parade, Lindfield (Lot 1 of DP184042);
C. That Council advertises an Expression of Interest (EOI) seeking proposals from development companies based on option 2 (revised EOI version) as described in resolution B;
D. That in order to encourage innovation Council will accept non-conforming bids from the EOI process on the condition that a fully conforming bid is submitted. Where a non-conforming bid is submitted the proposal must describe in detail all the benefits and costs; the financial impacts; and potential impacts on the project risk profile
E. That Council adopts the following community infrastructure elements as mandatory requirements for any bid arising from EOI to be considered as conforming:
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LINDFIELD COMMUNITY HUB – PROJECT SCOPE/MANDATORY ELEMENTS |
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Category of works |
Items of inclusion |
Location and extent |
Minimum requirements |
Relevant guidelines and controls |
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General |
Mix of residential, retail and commercial uses |
_ |
_ |
_ |
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Streetscape works |
-New footpaths -Underground power lines -LED street lighting -Street trees and tree grates -Landscaping of verges -Installation of street furniture such as benches, litter bins and bike racks, on strategic locations |
Bent Lane Bent Street Woodford Lane Beaconsfield Parade |
_ |
Ku-ring-gai Town Centres Public Domain Plan, 2010
Ku-ring-gai Contributions Plan, 2010
Council’s streetscape technical manual
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Road and transport works |
-Road realignment and resurfacing -Kerb and gutter realignment |
Bent Lane Woodford Lane |
_ |
Ku-ring-gai Town Centres Public Domain Plan , 2010
Ku-ring-gai Contributions Plan, 2010
Lindfield Local Centre Transport Network Model Study Report 2013-14 |
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-Construction of new public street (realignment and extension of Drovers Way) -Formal closure of existing Drovers Way road reserve |
Between Bent Street and Beaconsfield Parade |
_ |
Ku-ring-gai Town Centres Public Domain Plan, 2010
Ku-ring-gai Contributions Plan, 2010
Lindfield Local Centre Transport Network Model Study Report 2013-14 |
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-Construction of new kiss & ride zone - Construction of taxi rank with shelters and signage |
Woodford Lane |
_ |
Ku-ring-gai Contributions Plan, 2010
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-Modifications to traffic signals |
Intersection of Pacific Highway and Balfour Street/Havilah Road |
_ |
Lindfield Local Centre Transport Network Model Study Report 2013-14 |
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-Installation of new traffic signals |
Intersection of Beaconsfield Parade and Pacific Highway |
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Lindfield Local Centre Transport Network Model Study Report 2013-14
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Public Domain Works |
-Construction of new public park -Construction of new urban plaza |
Fronting Bent Street
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Minimum size of consolidated green open space 3,000m2
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Ku-ring-gai Town Centres Public Domain Plan, 2010 Ku-ring-gai Contributions Plan, 2010 Design specifications as provided by Council |
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-Construction of new pedestrian plaza on Bent Street |
Within road reserve between Bent Lane and Pacific Highway |
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Design specifications as provided by Council |
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Community building |
-Construction of a community hub building comprising a café, new branch library, community centre and child care centre with roof garden |
Corner of Bent Street and new street (realigned Drovers Way) |
-Minimum size 2,950m2 -High design quality - Iconic |
Lindfield Community Facilities Study, Elton consulting, 2013 Design specifications as provided by Council |
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-Full internal fit-out of branch library (turn-key) |
Level 1 of community hub building |
Minimum size 1,250 m2
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Lindfield Community Facilities Study, Elton consulting, 2013 Design specifications as provided by Council |
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-Full internal fit-out of community centre (turn-key) |
Level 2 of community hub building |
Minimum size 1,200 m2
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Lindfield Community Facilities Study, Elton consulting, 2013 Design specifications as provided by Council |
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-Full internal fit-out of childcare centre (turn-key) |
Level 3 of community hub building |
Minimum size 500 m2 with external roof top garden area |
Design specifications as provided by Council
Council’s DCP |
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Car parking |
-Council car parking for community uses |
Basement car park |
Minimum of 55 spaces |
Australian Standards and Building Code of Australia |
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-Public parking (Commuter) |
Basement car park |
Minimum of 140 spaces |
Australian Standards and Building Code of Australia |
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-Council car parking (replacement of existing at-grade spaces) |
Basement car park |
Minimum of 112 spaces |
Australian Standards and Building Code of Australia |
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-Private parking (retail and commercial) |
Basement car park |
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Local Centres DCP, 2012 Lindfield Community Hub - Site specific DCP |
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-Private parking (residential) |
Basement car park |
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Local Centres DCP, 2012
Lindfield Community Hub - Site specific DCP |
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Retail & Commercial uses |
-Supermarket
-Commercial & Retail (including supermarket)
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Basement and ground level |
Minimum supermarket size 3,000 m2
Maximum retail (including supermarket) + commercial floor space 5,000m2 |
Local Centres DCP, 2012
Lindfield Community Hub - Site specific DCP |
F. That Council adopts the following general programme for the next phase of the Lindfield Community Hub project:
§ advertise EOI by end October 2015;
§ EOI submissions close by December 2015;
§ EOI evaluation period January 2016;
§ selection of preferred development company by early 2016;
§ negotiation with preferred development company completed by mid-2016; and
§ submission of development application by late 2016.
G. That Council writes to the Office of Local Government advising them of the Lindfield Community Hub project and noting that Council intends to submit a report that responds to the requirements of the Office of Local Government Capital Expenditure Guidelines, 2010;
H. That Council staff report back to Council at the Ordinary Meeting of Council (OMC) on 27 October 2015 regarding a planning proposal and a site-specific DCP in support of the preferred option; and
I. That Council staff report back to Council on the findings of the Lindfield Local Centre Transport Network Model Study with a view to seeking concurrence from Roads and Maritime Services (RMS).
J. That all EOI submissions should wherever practicable incorporate the principles of low energy-use design, sustainability and environmental sensitivity and describe how they will deliver sustainable outcomes consistent Ku-ring-gai Council policies.
The full list of Council reports which pertain to the Lindfield Hub project have been set out below for reference:
1. OMC – 26 June 2012 – GB.9 - Council Car Park – Woodford Lane, Lindfield – Reclassification
2. OMC – 26 February 2013 – GB.16 - Woodford Lane, Lindfield Commuter Car Park
3. OMC – 28 May 2013 – GB.10 - Lindfield Community Hub and Commuter Car Park – Next Steps
4. OMC – 30 July 2013 – GB.5 – Proposed Reclassification of 1B Beaconsfield Parade and 19 Drovers Way, Lindfield (Woodford Lane Car Park) to Operational Land Following the Exhibition and Public Hearing Process
5. OMC – 12 November 2013 – C.1 - Potential Property Acquisition – Lindfield
6. OMC - 10 December 2013 - GB.19 - Lindfield Village Green - Tryon Road - Project Update
7. OMC – 24 June 2014 – C.1 - Property Acquisition - Lindfield
8. OMC – 9 September 2014 – GB.4 – Lindfield Community Hub – Woodford Lane – Report on Progress
9. OMC - 11 November 2014 – GB.7 – Lindfield Community Hub – Probity Matters
10. OMC – 25 November 2014 – GB.8 – Lindfield Community Hub – Probity Management Plan
11. OMC – 9 December 2014 – Tender No. RFT22/2014 – Lindfield Community Hub – Tender For Consultants to Prepare Illustrative Development Options and Master Plan
12. OMC – 21 April 2015 – GB.5 – Compulsory Acquisition of Roads – Lindfield
13. OMC – 8 September 2015 – GB.9 – Lindfield Community Hub Preferred Option
14. OMC – 6 October 2015 – GB 10 – Lindfield Community Hub Update Report
Comments
1. Site Description & Identification
The site (as shown in map below) is currently a Council-owned car park, and is located west of the Pacific Highway, and is bound by Bent Street on the north, Beaconsfield Parade on the south, Woodford Lane on the east and residential properties on the west.
Figure 1: The Site
The legal description of the properties contained within the site is as per the table below:
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Property No |
Land No |
Lot Number |
Plan Type |
Plan Number |
Zoning |
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109520 |
46875 |
2 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46880 |
7 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46883 |
10 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46882 |
9 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46885 |
12 |
DP |
1099330 |
B2 Local Centres |
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102951 |
2935 |
5 |
DP |
666521 |
Part R4 High Density Residential - RE1 Public Recreation- SP2 Local Road |
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141194 |
34989 |
A |
DP |
445535 |
RE1 Public Recreation |
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102955 |
2939 |
10 |
DP |
3498 |
RE1 Public Recreation |
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102956 |
46369 |
9 |
DP |
1090427 |
RE1 Public Recreation |
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109520 |
46884 |
11 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46877 |
4 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46878 |
5 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46881 |
8 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46874 |
1 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46876 |
3 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46879 |
6 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46886 |
13 |
DP |
1099330 |
B2 Local Centres |
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102953 |
2937 |
1 |
DP |
724823 |
RE1 Public Recreation |
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102496 |
44207 |
1 |
DP |
929131 |
B2 Local Centres |
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102952 |
2936 |
1 |
DP |
980108 |
RE1 Public Recreation |
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109520 |
46887 |
14 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46889 |
16 |
DP |
1099330 |
B2 Local Centres |
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109520 |
46888 |
15 |
DP |
1099330 |
B2 Local Centres |
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102954 |
2938 |
3 |
DP |
667420 |
RE1 Public Recreation |
Table 1: Legal description of Properties within site area
2. Planning Context
The Lindfield Community Hub site is currently zoned part B2 Local Centres, part R4 Residential High Density, part RE1 Public Recreation and part SP2 Local Road under the Ku-ring-gai LEP. See figure 3 below. The site is located in the Lindfield Local Centre. The Ku-ring-gai (Local Centres) DCP - Volume B guides the qualitative design response to the site, both in relation to the particular characteristics of Lindfield as a centre and the building typologies considered appropriate. The site is subject to the relevant requirements of the Ku-ring-gai (Local Centres) DCP contained in Volume A, Part 7 – Residential Flat Buildings and Part 8 – Mixed Use Development.
Figure 2: Current Zoning of the Lindfield Hub Site
3. Preferred Option
4 (four) illustrative master plan options were prepared and exhibited during the period between 21 March 2015 to 14 May 2015 during which the community and all key stakeholders were extensively consulted (refer details under Community Consultation in this report). Full details of these options can be viewed on Council’s website at:
A preferred option ie Option 2 (revised EOI version), was adopted by Council at OMC 6 October 2015. The preferred option consists of a mix of residential, commercial, retail and open space uses, at a maximum height of seven (7) storeys (26.5m) and a Floor Space Ratio (FSR) of 1.3:1. The maximum building height of 26.5m has been calculated using higher floor to floor heights for the first two floors of the buildings in order to accommodate potential retail/commercial uses and for improved solar access to the lower floors, in line with SEPP65, and to accommodate service over-runs on the top floors.
Please see images below which illustrate the preferred option. It is to be noted that the Ausgrid and Scouts properties on Beaconsfield Parade have been excluded from the revised Option 2 plans.
Figure 3: 3D View 1 of Preferred Option
Figure 4: 3D View 2 of Preferred Option
Figure 5: Illustrative Master Plan (Preferred Option)
4. Planning Proposal
A Planning Proposal needs to be prepared to amend KLEP (Local Centres) 2012 to facilitate the development of the Lindfield Community Hub in accordance withthe adopted Preferred Master Plan Option (Option 2 - EOI version) for the site.
Zoning
Current: The Lindfield Community Hub site is currently zoned part B2 Local Centres, part RE1 Public Recreation, part SP2 Local road and part R4 High Density Residential under the KLEP 2012.
The part of the site zoned R4 High Density Residential consist of a 490m2 (approx.) portion of 12 Bent Street that is not required for the extension Drovers Way. The remainder of 12 Bent Street is currently zoned SP2 local road with a small slither (<50m2) RE1 Public Recreation. The R4 zoned portion of this site is not specifically required for the implementation of the master plan and will be surplus to the development of the new road and the Lindfield Community Hub. This provides an opportunity for Council to subdivide off that portion of 12 Bent Street and to divest the land so as to make it available to be incorporated into the future redevelopment of the adjoining R4 zoned land at 14 and 16 Bent Street. The funds from this divestment would be put back into the Development Contributions (S94) funds for local road network improvements, which is currently in deficit.
The land at 2-10 Bent Street and currently zoned RE1 Public Recreation was acquired by Council using section 94 Development contributions for the of local open space. The Community Hub master plan makes provision for the equivalent amount of open space throughout the site while identifying a portion of the land previously acquired for open space for retail and community uses. The retail and community uses would not be permitted on that portion of the site zoned RE1. By rezoning the whole hub site to B2 Local centre, it will facilitate the implementation of the master plan across the entire site.
Proposed: The entire site, excluding the R4 zoned portion of 12 Bent Street, be zoned to B2 Local Centres.
Building Height
Current: The maximum permissible height for that portion of the site zoned B2 Local Centre is currently 11.5m. That portion of the site zoned RE1 Public Recreation has not have an applicable height limit, while 12 Bent Street has a maximum height 17.5m.
Proposed: The maximum height of buildings for the entire site, excluding the R4 zoned portion of 12 Bent Street, be amended to 26.5m.
Floor Space Ratio (FSR)
Current: The maximum permissible FSR for that portion of the site zoned B2 Local Centre is currently 1:1. That portion of the site zoned RE1 Public Recreation has not have an applicable FSR, while 12 Bent Street has a maximum FSR of 1.3.
Proposed: The maximum FSR for the entire site be amended to 1.3:1.
Land Reservations
Current: The land at 2-10 Bent Street and currently identified on the Land Reservation Acquisition Map of the KLEP (Local Centres) 2012 as land reserved for Public Recreation, while 12 Bent Street is identified as land reserved for Local Road. As Council has now acquired these sites for the intended reserved purposes identified in the LEP there is no longer a requirement for the reservations to appear on the Land Reservation Acquisition Map.
Proposed: The Land Reservation Acquisition Map be amended to delete the reservations applying to 2-10 Bent Street and 12 Bent Street.
5. Site-Specific DCP
A site-specific DCP will be prepared for the site based on the preferred option for the site (revised EOI version). The site specific DCP provisions will take the form of an amendment to the Ku-ring-gai Local Centres DCP and will be incorporated into Volume B Part 1 of that DCP. This work is anticipated to be undertaken in early 2016.
6. Traffic Management Plan
Consultants Peopletrans were engaged to assess the traffic and transport impacts of the master planning options for the Lindfield Community Hub site, in conjunction with future anticipated land use development of the wider Lindfield local centre. This study analysed the transport implications associated with the various land use options, and their full report can be viewed at Attachment A1: Lindfield Local Centre Transport Network Model Study by Peopletrans, 2013/14.
The methodology for the study was as follows:
· understand the land use & transport characteristics of the Ku-ring-gai & Lindfield population;
· develop and audit a transport model for existing conditions;
· analyse the land use options for the site;
· determine the preferred land use & transport option through transport network testing; and
· prepare a study report with conclusions & recommendations.
During the study, it was found that the potential introduction of a right turn into Beaconsfield Parade from Pacific Highway would have significant impacts on northbound Pacific Highway traffic flows and would cause excessive queues and delays during the PM peak period, and was not likely to be acceptable to Roads and Maritime Services.
In summary, Traffic Management Option 1C (TMM1C) was determined to be the best transport management scheme to support the preferred land use option, as it offers the best operational road network performance. Key upgrades and new facilities as part of this scheme include:
· modification of traffic signals at intersection Pacific Highway and Balfour Street/Havilah Road, by the extension of the right turn bay on Pacific Highway and turning movement restrictions from Balfour Street/Havilah Road;
· new traffic signals at intersection Pacific Highway and Strickland Avenue, incorporating 2 right turn lanes onto Pacific Highway from Strickland Avenue and pedestrian facilities;
· modification/relocation of pedestrian signals on Pacific Highway near Tryon Place (station entrance) to incorporate vehicular movements at intersection of Pacific Highway and Tryon Place;
· new one-way link road from Pacific Highway (through Lindfield Library site) connecting to Tryon Place, incorporating commuter drop off and pick up;
· new traffic signals at intersection Pacific Highway and Beaconsfield Parade, incorporating pedestrian facilities. No right turn from Pacific Highway into Beaconsfield Parade;
· modification of Bent Lane and Woodford Lane to one-way southbound, incorporating commuter drop off and pick up in Woodford Lane;
· pedestrianisation of Bent Street between Pacific Highway and Bent Lane;
· potential for pedestrian bridge over Pacific Highway adjacent to railway station entrance (subject to funding and land requirements);
· relocation of pedestrian activated signals on Lindfield Avenue to the intersection of Lindfield Avenue and Tryon Road; and
· pedestrianisation of Kochia Lane between Lindfield Avenue and Chapman Lane.
integrated planning and reporting
Places, Spaces and Infrastructure - P4 Revitalisation of our centres
Community, People and Culture - C4 Healthy lifestyles
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place. |
P4.1.1 Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community.
P4.1.4 An improvement plan for Lindfield centre is being progressively implemented in collaboration with owners, businesses and state agencies. |
Implement a place management approach for the local centre improvements to coordinate works and achieve quality outcomes.
Engage with relevant stakeholders to establish timing, extent and partnership opportunities.
Undertake due diligence and undertake project scope.
Identify and engage with the key stakeholders. |
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A healthy, safe, and diverse community that respects our history, and celebrates our differences in a vibrant culture of learning. |
C4.1.2 New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment.
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Undertake acquisitions for new parks.
Undertake assessment and identify locations for new parks
Complete the design for identified parks and include design principles which facilitate passive recreation activities.
Construct parks at identified locations and include design principles which facilitate passive recreation activities |
Governance Matters
The following set of governance documents for the Lindfield Community Hub Project have been completed and reported to Council. These documents are intended to guide the day-to-day management of the project, including the EOI phase:
· Governance Structure;
· Probity Management Framework;
· Probity Plan & Market Sounding Probity Protocol; and
· Project Decision Making Framework.
RISK MANAGEMENT
1. Amendment of Expression of Interest (EOI) Program
The EOI release date, although originally planned and resolved to be in late October 2015, has been postponed to February 2016, for the following reasons:
1- further work required on the EOI document from a legal perspective;
2- lack of resources within Council to undertake the required volume of work required for the EOI within the tight pre-Christmas 2015 timeframe; and
3- the need to provide ample time for Council to respond to the NSW Government’s planned update in December with respect to the ‘Fit for Future’ proposals.
The amended program for the project is as follows:
· EOI release date late February 2016;
· EOI submissions closure April 2016;
· Selection of preferred EOI respondent by end June 2016;
· Completion of negotiation with preferred development company by end August 2016;
· Submission of development application by December 2016;
· Development approval by late 2017; and
· Commencement of construction by early 2018.
2. Risk Management Plan
A Risk Management Plan for the Lindfield Community Hub Project was adopted by Council on 8 September 2015. A project-specific Risk Management Matrix is currently being prepared in conjunction with Council’s risk officer. The details of this Plan will be reported to Council once finalised.
3. Due Diligence Checks
A comprehensive due diligence checklist has been prepared and staff are currently seeking information pertaining to the site. The list of items includes an updated topographic survey, geotechnical survey, environmental assessments (contamination) and an arboricultural assessment.
Financial Considerations
A total of $851,000.00 has been spent during the financial years 2013/14 and 2014/15 on this project. It is noted that this represents a considerable amount of expenditure on staff salaries and consultants, although not uncommon for a project of this value of approximately $120M. The funding sources have been from development contributions including the 2010 Plan as well as earlier Plans. During this time the work undertaken has included project scoping, preliminary project feasibility, master plan options, exhibition, community engagement and assessment of options. A possible result of any failure to progress the project could mean that Council will be required to repay the S94 funds spent to date because the community infrastructure will not be delivered.
Approximately $14 million in funds (2014/2015 dollars) have been allocated to this project in Council’s Long Term Financial Plan (LTFP). This represents Council’s contribution to the costs of streetscape works, road and transport works, public domain, community buildings and car parking identified in the project scope earlier in this report. Council’s LTFP also includes financial contributions from ‘development partners’ where Council is unable to fund certain facilities such as community buildings and car parking due to apportionment rates within the development contributions plan or a lack of nexus. The funds are identified as expenditure for the years 2017 through to 2021. In order for Council to spend these funds in a timely manner, it will be necessary to meet the EOI programme as outlined earlier in this report.
Social Considerations
Council, as part of the Delivery Program 2013-2017 and Operational Plan 2013-2014, seeks to revitalise the Lindfield local centre to improve the vitality and liveability. The key objective of the project is to create a vibrant community hub for Lindfield incorporating a new branch library and community centre, town centre park, commuter and community parking with other uses such as retail and residential spaces. Council envisages this to be a rare opportunity to create a precinct which will be a valuable asset to the residents of Lindfield and the wider Ku-ring-gai community to gather in a quality urban environment.
The provision of additional community infrastructure providing both outdoor and indoor community spaces will continue to support this process and help Ku-ring-gai continue to be a vibrant and popular place to live for all ages.
Environmental Considerations
The proposed planning proposal will not change the existing biodiversity provisions or mapping identified in the Ku-ring-gai (Local Centres) LEP, 2012.
Community Consultation
1. Stakeholder Consultation
1.1 Transport for NSW (TfNSW)
In May 2012 the NSW Government announced by media release it will build a new commuter car park comprising 240 new spaces in Lindfield. Since that time, and in accordance with Council resolutions, staff have worked in close liaison with representatives from TfNSW to resolve the location and number of commuter car parking in Lindfield through the two Lindfield projects – the Village Green and the Community Hub.
Given the stage of planning for the two projects TfNSW has suggested that Council submit a formal proposal to the Assistant Deputy Secretary - Planning Division of Transport for NSW for the Minister’s approval as the basis for commencing negotiations and completing an agreement between the parties for the delivery of 240 commuter car spaces in Lindfield local centre. The proposal will cover two key aspects:
§ the proposed location or spatial arrangement of the commuter car parking; and
§ the estimated cost of the car parking.
A proposal is currently under preparation and will be reported to Council in the near future. It is to be noted that both projects can proceed with or without commuter parking. If commuter parking is included, this will be at no additional cost to Council.
COMMUNITY CONSULTATION
Council started engaging with the local community on the opportunities and vision for the Lindfield Community Hub in early 2014 by creating the ‘Activate Lindfield’ initiative. Since that time, 692 residents, business owners and other interested stakeholders have signed-up to the Activate Lindfield e-newsletter. The public exhibition for the project spanned a period of eight (8) weeks, from Saturday, 21 March to Friday, 8 May 2015 with a further extension to Thursday, 14 May 2015. During this time, the community was invited to provide feedback on the four (4) master plan options. Details of the community engagement undertaken to date have been outlined in the 6 October 2015 Council report.
If the planning proposal is adopted it will proceed to a gateway determination. This will also involve a formal statutory exhibition period, with a call for submissions and a further report back to Council.
INTERNAL CONSULTATION
Internal consultation for this project is prescribed by the Governance Structure (decision-making framework/hierarchy) for the project which is as follows:
· Councillors;
· Executive Steering Committee (GMD);
· Project Sponsor - Director Strategy and Environment;
· Project Manager - Team Leader Urban Design;
· Project Control Group (PCG) (meetings are currently held bi-monthly);
· Project Working Group (PWG); and
· Tender Review Committee (various).
Summary
In order to implement the preferred option (Option 2 - revised EOI version) for the Lindfield Hub site, it is necessary to proceed with the amendment of the Ku-ring-gai LEP (Local Centres) 2012. This includes amendments to the land zoning, height of buildings, Floor Space Ratio and Land Reservation Acquisition maps. A site-specific DCP that reflects the adopted preferred master plan (Option 2 - revised EOI version) is also required. The site specific DCP provisions would to take the form of an amendment to the Ku-ring-gai Local Centres DCP and to be incorporated into Volume B Part 1 of that DCP.
A portion of the land at 12 Bent Street, currently zoned R4 High Density Residential, is surplus to the development of the new road and the Lindfield Community Hub site and provides an opportunity for future divestment by Council.
It is also necessary to adopt a Traffic Management Plan (Option 1C as discussed in this report) which will ensure that appropriate road and traffic improvements are made in the local area to facilitate the proposed development of the site.
In order to allow for ample time to render the EOI document legally watertight and adequately reviewed, it is in Council’s best interest to alter the EOI release date from late October 2015 to February 2016, and to alter the overall EOI programme.
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A. That a Planning Proposal be prepared, in accordance with section 55 of the Environmental Planning and Assessment Act, 1979, to amend the Ku-ring-gai LEP (Local Centres)2012 as it applies to the Lindfield Community Hub site as follows:
i. Rezone the site, excluding the R4 zoned portion of 12 Bent Street, from part Zone B2 Local Centres, part Zone RE1 Public Recreation and part Zone SP2 Local Road to Zone B2 Local Centre; ii. Amend the Height of Buildings Map to increase the maximum height of buildings for the site, excluding the R4 zoned portion of 12 Bent Street, from 11.5 metres to 26.5 metres; iii. Amend the Floor Space Ratio map to increase the maximum FSR for the site from 1:1 to 1.3:1 iv. Amend the Land Reservation Acquisition Map to delete the reservation for Public Recreation applying to the land at 2-10 Bent Street and reservation for Local Road applying to land at 12 Bent Street, Lindfield.
B. That the Planning Proposal be submitted to the Department of Planning and Environment for a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979.
C. That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements
D. That a report be brought back to Council at the end of the exhibition processes.
E. That a site-specific DCP be prepared for the site in accordance with the adopted preferred master plan (Option 2 - revised EOI version). The site specific DCP provisions are to take the form of an amendment to the Ku-ring-gai Local Centres DCP and to be incorporated into Volume B Part 1 of that DCP.
F. That Council authorises the General Manager and/or his delegate to commence the process to subdivide the lot at 12 Bent Street Lindfield to excise that part of the lot zoned R4 High Density Residential with the view for future divestment.
G. That Council resolve to amend the EOI program as follows:
- EOI release date late February 2016; - EOI submissions closure April 2016; - Selection of preferred EOI respondent by end June 2016; - Completion of negotiation with preferred development company by end August 2016; - Submission of development application by December 2016; - Development approval by late 2017; and - Commencement of construction by early 2018.
H. That Council adopt in principle the Traffic Management Option 1C of the Lindfield Local Centre Transport Network Model Study 2013/14 and submit it to Roads and Maritime Services for concurrence.
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Bill Royal Team Leader Urban Design |
Sarah Koshy Senior Urban Designer |
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Craige Wyse Team Leader Urban Planning |
Antony Fabbro Manager Urban & Heritage Planning |
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Andrew Watson Director Strategy & Environment |
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A1View |
Lindfield Community Hub Traffic Management Plan by PeopleTrans |
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2015/284655 |
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Ordinary Meeting of Council - 10 November 2015 |
GB.12 / 489 |
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Item GB.12 |
S09880 |
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27 October 2015 |
T14/2015 - NTRA - Stage 4B Turf Sportsfields and Surrounds
EXECUTIVE SUMMARY
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purpose of report: |
To consider the tenders received for the construction of North Turramurra Recreation Area (NTRA) Stage 4B Turf Sportsfields and Surrounds and appoint the preferred tenderer. |
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background: |
The Master Plan for the development of a new recreation facility at North Turramurra was adopted in 2007. The staged construction of works consistent with the adopted masterplan has seen the former landfill site rehabilitated and the pre-existing golf course reconfiguration and extension. The next stage of works is the construction of new sportsfields and facilities for North Turramurra Recreational Area (NTRA). |
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comments: |
Tender documents were produced with nine (9) submissions received. The submissions were assessed using agreed criteria to identify the best value to Council. |
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recommendation: |
In accordance with Section 55 of the Local Government Act and Tender Regulations, and following the request for tender, it is recommended that Council accepts the tender submitted by tender ‘A’ as indicated in the confidential attachment by the Tender Evaluation Committee. |
Purpose of Report
To consider the tenders received for the construction of North Turramurra Recreation Area (NTRA) Stage 4B Turf Sportsfields and Surrounds and appoint the preferred tenderer.
Background
The Master Plan for the development of a new recreation facility at North Turramurra was adopted in 2007. The features of the North Turramurra Recreation Area (NTRA) works include the rehabilitation of the former landfill site, the redevelopment of the existing golf course and the provision of new sportsfields and recreation facilities to contribute towards meeting a growing demand for recreation facilities in general and playing fields in particular, in the Ku-ring-gai Local Government Area.
These works represent about half of the total NTRA area of 81.5 hectares. The other half consists of bushland on predominately steep slopes adjoining Cowan Creek and Ku-ring-gai National Park and is not suitable for development. However, these areas offer opportunities to cater for some of the recreation demand for passive, informal or nature-based activities including bush walking and wildlife observation. By relocating the old golf holes to the new space made available by rehabilitating the former landfill site, the design allows for the better utilisation of the site to provide for additional sportsfields, irrigation, drainage, sportsfield lighting, new cricket wicket and practice nets, and walking paths and leisure activities.
The next stage of the NTRA works is the construction of turf sports fields, installation of irrigation, stormwater and sub-soil drainage installation floodlighting, pathways and associated works known as NTRA Stage 4B Turf Sportsfields and Surrounds.
Following approval to proceed with Stage 4 works, staff consulted and undertook the preparation of tender documents which were released through Tenderlink on 2 September 2015. The closing date for receipt of tenders was 29 September 2015.
As the estimate of the construction works is over $150,000, tenders were called using Tenderlink in accordance with the tender requirements of the Local Government Act and Tender Regulations.
Comments
Nine (9) tenders were received and recorded in accordance with Council’s tendering policy. Tenders were received from the following companies:
Country Club International Pty Ltd
Design Landscapes Pty Ltd
Flemming Contracting Pty Limited
Glasscott Landscape & Civil Pty Ltd
Hargraves Urban Pty Ltd
Landscape Solutions Australia Pty Limited
M Collins & Sons Pty Limited
North Shore Paving Co Pty Ltd
Regal Innovations
It should be noted the order above does not correspond to the order of the list of tenderers named from ‘A’ to ‘J’ in the confidential attachment. A Tender Evaluation Panel consisting of staff from the Operations Department, and Strategy & Environment Department was formed to assess the nine (9) tenders received.
The evaluation took into account:
· Conformity of submission,
· Lump sum fee,
· Company Experience/Personnel Experience and Qualifications,
· Construction Methodology,
· Program of Works / timeline
· Environmental Risk; and
· Risk management
The confidential attachments to this report include:
· List of tenders received and additional financial information
· Tender Evaluation Panel’s comments and recommendation
integrated planning and reporting
Enhance Recreation, Sporting and Leisure Facilities. Community Strategic Plan Long Term Objective Delivery Program Term Achievement Operational Plan Task P6.1 Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.
A program is being implemented to improve existing recreational, sporting and leisure facilities and facilitate the establishment of new facilities and deliver park asset refurbishment program at priority locations.
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Community Strategic Plan Long Term Objective |
Delivery Program Term Achievement |
Operational Plan Task |
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P6.1 Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.
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A program is being implemented to improve existing recreational, sporting and leisure facilities and facilitate the establishment of new facilities.
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Deliver sports fields, facilities and park asset refurbishment program at priority locations.
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Fit FOR THE FUTURE IMPROVEMENT ACTION PLAN
The requirements for Council being Fit for the Future do not impact on this project as funding is already committed and not related to asset sales to address Council’s infrastructure backlog.
Governance Matters
Tender documents were prepared and released through Tenderlink on 2 September2015 with a closing date of 29 September 2015. At the close of tender, nine (9) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from Operations and Strategy & Environment Departments was formed to assess the nine (9) tenders received. The evaluation took into account the evaluation methodology, criteria and weighting as predetermined by the Tender Evaluation Committee:
The Confidential Attachments to this report includes the list of tenders received and the Tender Evaluation Panel’s comments and recommendation. The attachments are considered to be confidential in accordance with Section 10A (2)(d)(iii) of The Local Government Act 1993 as they are considered to contain commercial in confidence information.
Risk Management
Three (3) key areas of risk were identified in relation to the proposed work:
· That work needed to be carried out under the contract should be done by a suitably qualified company with experience of sport field construction.
· That the company was available to commence work within a few weeks of the work being awarded and has the resources to complete the work quickly and efficiently and without major delays.
· That Council should not be exposed to financial risk.
An independent Performance and Financial Assessment has been carried out on the preferred tenderer to ensure they are trading responsibly and have the financial capacity to undertake the work as detailed within the tender documents and or negotiated.
The independent Performance and Financial Assessment examines the following areas:
· The tenderer’s financial capacity to undertake the proposed value of work;
· That the tenderer has been trading in a profitable and responsible manner during the last three (3) years; and
· That the tenderer has sufficient assets/reserves to cover all possible debts during the period of work.
A copy of the financial assessment is included in the confidential attachments.
Financial Considerations
This project is currently listed in Council’s 2014/15 Delivery Program and Operational Plan – project numbers and present available funds are detailed in the Confidential Attachments.
In accordance with statutory obligations, at the finalisation of the project, all unspent funds will be returned to appropriate plan.
There are sufficient funds provided in the Long Term Financial Plan and Delivery Program to fund the works under this contract.
Social Considerations
NTRA is a well utilised and much loved recreation space with access to the adjacent natural bushland. Over the last few years with the increased use by a growing number of sporting users, it has been identified the need for additional sportsfields to meet the ever growing demand.
The upgrade of the present facilities with an addition of sportsfields, it is expected to enhance the recreational and sports value of the site and provide greater access for sports clubs and casual users.
The proposed upgrade and expansion of the present facilities is in line with Council’s Community Strategic Plan 2030 and the Plan’s long term directions, including the objective to have a community embrace healthier lifestyle choices and practices; and to provide quality open space, community and recreational facilities to meet the needs of our changing community.
Environmental Considerations
Prior to tender, the project was subject to a Review of Environmental Factors which determined as follows:
· The proposal is unlikely to have significant impact upon species, populations or ecological communities listed under the NSW Threatened Species Conservation Act and a Species Impact Statement is not required.
· The proposal will not affect any matters of National Environmental Significance listed under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.
· The proposal will include mitigation measures and methods to avoid a significant impact on the environment should it proceed.
Community Consultation
Council, as part of the design process, carried out community consultation prior to finalising the NTRA Master Plan in 2007 for the development of a new recreation facility at North Turramurra.
The project has been developed in response to a steadily growing demand within the LGA for new recreational facilities.
Council has prepared a communications action plan to inform the community and stakeholders on the progress of the proposed works. The action plan outlines the communication goals, provides a list of the target audience and sets out the key messages that are to be provided to the community and stakeholders by a variety of strategies over the length of the project.
Council has a dedicated website updated every three (3) months informing the public of any updates regarding the project.
Prior to the commencement of on-site works, local residents, schools and businesses will be advised of the commencement of works and be provided with a time estimate for the completion.
During the construction period, the sportsfield site will be closed to the public. However, the golf course and the carpark will remain open for use.
Internal Consultation
Staff members from Strategy & Environment, Operations and Community Departments were included in the consultation for the proposed design and construction of the sportsfields and surrounds.
Summary
Council, as part of the 2014/2015 Open Space Capital Works Program, approved funding for the North Turramurra Recreation Area (NTRA)
Following internal and community consultation, tender documentation was produced with tenders being called on 2 September 2015 with a closing date of 29 September 2015.
A Tender Evaluation Panel was formed consisting of representatives from Operations and Strategy & Environment Departments. At the close of tender, nine (9) tenders were received.
All tenders were recorded in accordance with Council’s tendering policy. At the conclusion of the evaluation process a tender assessment and recommendation report was prepared for presentation to Council.
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A. That Council accepts the tender from Tenderer “A” as listed in the confidential attachment from the Tender Evaluation Committee to award a contract for T14-2015 Stage 4B Turf Sportsfields and Surrounds.
B. That the tender documents be referred to Council’s solicitor to assist in preparing contract documents that is in Council’s best interest.
C. That the Major and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.
D. That the Seal of Council be affixed to all necessary documents.
E. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.
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Phillip Beninati Contracts Supervisor Strategic Projects |
Greg Piconi Director Operations |
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Tender Assessment and Recommendation Report |
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Confidential |
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Tender Weighted Criteria and Returnable Schedules |
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Confidential |
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Tender Evaluation Panel's Score and Recommendation |
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Confidential |
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Corporate Scorecard Financial Assessment |
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Confidential |
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Ordinary Meeting of Council - 10 November 2015 |
NM.1 / 495 |
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Item NM.1 |
S02347 |
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2 November 2015 |
Notice of Motion
Extra fencing at Edenborough Oval to stop dogs getting ticks and also protect native flora and fauna
Notice of Motion from Councillor Armstrong dated 2 November 2015
Please Councillors: I am putting forward this NOM due to the very deadly situation which is occurring at Edenborough Oval which is fully fenced on only 3 sides and needs the final side fenced to stop dogs from getting ticks which are in enormous numbers and are very deadly if not detected early.
The oval is hugely popular with not only the dog lovers, but also cricket, soccer, archery and touch football (on Sunday afternoons).
I have attended young cricket matches on Saturdays and have seen for myself the amount of lost balls and wasted time searching for balls when a young batsman/batswoman hits a ball which goes straight into the bush. A fence would stop this from happening and would be a positive addition to the other activities that take place at this oval.
Council Staff have already received quotes for the extra fencing which is roughly 100 metres, and the price guide is about $10-15,000.
I realise that the fencing may not be a major issue compared to others we may be facing, but this is an issue that only local council can achieve and I think something that all local Councillors would feel is important.
I ask that the fencing be put in the 2015-16 fencing program.
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That the above Notice of Motion as printed be adopted.
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Councillor David Armstrong Councillor for Roseville Ward |
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Ordinary Meeting of Council - 10 November 2015 |
NM.2 / 496 |
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Item NM.2 |
TM1/07 |
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2 November 2015 |
Notice of Motion
St Ives Clearway Proposal
Notice of Motion from Councillors Berlioz and Ossip dated 2 November 2015
The RMS has proposed to install a 7 day clearway on Mona Vale Road through St Ives. The local shops and businesses on Mona Vale Road located between Stanley Street and Rosedale Road depend heavily on passing motorists and drop-in trade. Any decision to implement a clearway on Mona Vale Road between Stanley Street and Rosedale Road would cause untold impact to the viability of these small businesses.
Observation of traffic flows in this segment of Mona Vale Road shows that traffic flows freely except when stopped by the traffic light on the intersection of Mona Vale Road and Stanley Street. Consequently, it would appear, prima facie, that there is no justification for the implementation of such a clearway.
We therefore move that:
1. Council writes to RMS and requests
that, in relation to the segment of Mona Vale Road between Stanley Street and
Rosedale Road, it abandons plans to implement a clearway.
2. Council writes to RMS and requests that RMS provide Council with all data relevant to this particular segment of Mona Vale Road including traffic studies on the volume and speed of traffic, an economic impact study for the businesses which would be affected by the proposed clearway and traffic modelling to demonstrate the benefits of a clearway in this section on traffic flow.'
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That the above Notice of Motion as printed be adopted.
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Councillor Christiane Berlioz Councillor for St Ives Ward |
Councillor David Ossip Councillor for St Ives Ward |
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Ordinary Meeting of Council - 10 November 2015 |
NM.3 / 497 |
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Item NM.3 |
S09602 |
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3 November 2015 |
Notice of Motion
Emeritus Mayor Jennifer Anderson
Notice of Motion from Councillor Fornari-Orsmond dated 3 November 2015
Background
Councillor Jennifer Anderson was formally congratulated at the last Ordinary Meeting of Council (27th October 2015), following the Local Government Association of NSW conferring upon her the title of Emeritus Mayor.
During my congratulatory comments, I stated that Cr Anderson had achieved the title of Emeritus Mayor faster than any previous Ku-ring-gai mayor. Cr Malicki, thereafter, stated that, in the interest of accuracy, she was rising to inform Council that my statement was incorrect and that former Cr Ian Cross had achieved the same title faster than Cr Anderson.
Thus, I now feel compelled, in the interest of accuracy, to inform Council that, in fact, it is Cr Malicki who is incorrect.
Ian Cross was elected to Council in 1999 and served as mayor 2002-2004 (2 years) and again 2009-2011 (2 years). A councillor is eligible for the title of Emeritus Mayor after completing three terms as mayor. Ian Cross achieved that at the end of his 2010 mayoral year. That was more than ten years after he was elected to Council.
Cr Anderson was elected to Council in 2006 and therefore has not yet served ten years, served as mayor in 2011/12, 2013/14 and 2014/15 . This, of course, means that Cr Anderson has achieved the title of Emeritus Mayor faster than any previous Ku-ring-gai Mayor.
I move:
That, in the interest of accuracy, Council receive and note the facts stated above and thereby confirms Cr Jennifer Anderson has been conferred the title of Emeritus Mayor faster than any previous Ku-ring-gai mayor.
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That the above Notice of Motion as printed be adopted.
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Councillor Chantelle Fornari-Orsmond Councillor for Wahroonga Ward |
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