Present:

The Mayor, Councillor J Anderson (Chairperson) (Roseville Ward)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors D Citer & C Szatow (Gordon Ward)

Councillor C Berlioz (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

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

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Community (Janice Bevan)

Acting Director Strategy & Environment (Deborah Silva)

Manager Urban & Heritage Planning (Antony Fabbro)

Team Leader Urban Design (Bill Royal)

Manager Corporate Communications (Virginia Leafe)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Judy Murphy)

331

APOLOGIES

File: S02194

Councillor David Ossip tendered an apology for non-attendance [personal reasons] and requested leave of absence.

NOTE:

The Director Strategy and Environment, Andrew Watson tendered an apology for non-attendance.

Resolved:

(Moved: Councillors Citer/Szatow) 

That the apologies by Councillor Ossip be accepted and leave of absence granted.

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332

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/8

Resolved:

(Moved: Councillor McDonald/Councillor Berlioz)

A.     That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of the following Confidential report and its respective attachments:

C.1      Audit and Risk Committee - Selection of Independent Members

Attachment A1:      Application from John Bartrop

Attachment A2:      Application from John Gordon

Attachment A3:      Application from Ian Pont

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

GB.10 Lindfield Village Green - Selection of Preferred Tenderers T17/2014

Attachment A1:      T17_2014 - Attachment A1 - Tender Evaluation Report

Attachment A2:      KMC Tender Evaluation Plan - Lindfield Village Green Conceptual Design Services

GB.11 Turramurra - Ray Street Precinct - Draft Master Plan for Public Exhibition

Attachment A5:      Councillor briefing - design options and economic feasibility

Attachment A7:      Turramurra Community Hub - Preliminary Economic Feasibility - Draft Design Options - surplus funds

CARRIED UNANIMOUSLY

Late Items:

Refer MM.2 – A R Bluett Memorial Award

Refer MM.3 – LATE Mark Matuschka – Kokoda Trail Veteran

Memorandums:

Refer GB.12 Friar’s Field Pymble – Results of Community Consultation into Potential Dog Off-leash Area – Memorandum from Acting Director Strategy and Environment dated 23 October 2014 advising that on the third page of the report the text in the report for Willoughby Council which states: 10 dog off-leash areas within 50 parks and 34 sportsfield areas,
8 of the dog off-leash areas are on sportsfields should read as follows: 13 dog off-leash areas within 147 parks and 19 sportsfield areas, 8 of the dog off-leash areas are on sportsfields and for Ryde Council which states: - 12 dog off-leash areas within 37 parks and 20 sportsfield areas, 7 of the dog off-leash areas are on sportsfields should read as follows:12 dog off-leash areas within 200 parks and 54 sportsfield areas, 7 of the dog off-leash areas are on sportsfields.

Refer C.1 – Audit and Risk Committee – Selection of Independent Members – Memorandum from Manager Records and Governance dated 27 October 2014 advising of an error in the Business Papers that the report was by the Director Development and Regulation but, however, should read:  Report by Director Corporate dated 15 October 2014.

Refer GB.11 – Turramurra – Ray Street Precinct – Draft Master Plan for Public Exhibition – Confidential Memorandum from Manager Urban Planning and Heritage dated 22 October 2014 with attached confidential supplementary information with regard to financial feasibility assessment to support the figures provided in Confidential Attachment 7 to the report circulated to Councillors, General Manager and Director Strategy and Environment ONLY.

333

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 7 October 2014

Minutes numbered 307 to 330

Resolved:

(Moved: Councillors Szatow/McDonald)

That Minutes numbered 307 to 330 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

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334

Fresh Tracks Rehabilitation Program - H.A.R.T. Facility

File: S02119

Vide: MM.1

The following member of the public addressed Council:

A Lawrance

In the last few weeks I have visited the H.A.R.T. Driving School at St Ives to review progress of the Fresh Tracks rehabilitation program for young adults with an acquired brain injury. This is a project that I was privileged to launch in April this year and one which the Council has a special interest in, given our relationship with the H.A.R.T. facility that sits on public land just off Mona Vale Road opposite the Showground.

Fresh Tracks is an initiative of the Fresh Tracks Foundation and brings together the medical profession, researchers, the Royal Rehab Hospital at Ryde, Honda Australia, Macquarie University, schools, businesses and the Council in the pursuit of helping young patients improve their physical health and psychological wellbeing.

There are some stark facts about acquired brain injury that you may not be aware of. Overwhelmingly those injured are male and of these, 50% are young people aged between 15 and 34. In other words, they are in the prime of their lives before their accident.

Across Australia there are 80,000 people with a severe brain injury aged between 15-34 years. It is estimated there are 496 people with a profound or severe head injury living in the Ku-ring-gai, Warringah and Pittwater Council areas, so clearly the need for this program extends to northern Sydney and the northern beaches.

When a brain injury occurs most people will not receive an insurance payout. Often the financial burden falls on the family to pay for specialised treatment needed for their rehabilitation.  Many families simply don’t have the capacity to provide the number of physiotherapy, occupational therapy and speech therapy sessions needed each week to maximise recovery.  This can mean a young person’s opportunity for improvement is limited and in too many cases may even regress.

What is unique about the Fresh Tracks program is that it helps with physical rehabilitation but also improves mood and self-esteem – so important and sometimes overlooked when people are trying to recover. The program revolves around recumbent cycles, where the patients lie prone and use either their hands, feet or a combination of both to steer and move. The program’s location at the H.A.R.T. driving school has been ideal, as it has the space for patients to be able navigate and use the cycles without worrying about traffic or pedestrians.

At the facility patients are first assessed by Royal Rehab as to their capacity to ride the different tracks and if they require a carer to be present.   Once assessed they are then free to use the facilities, supervised and assisted by physiotherapy students from Macquarie University.

Two weeks ago I visited Royal Rehab to inspect their new purpose-built facilities and to meet some of the patients there who may eventually benefit from the Fresh Tracks program. I also met the dedicated medical professionals who assist with the lengthy rehabilitation required after significant brain injuries.

I understand from the CEO of the Fresh Tracks Foundation that another charitable organisation – The Primary Club of Australia – has pledged funding for four extra cycles and Community Care Northern Beaches is also providing funds to purchase one more. By offering their support both organisations are underlining the importance of physical activity to aid recovery.

Ultimately the goal of the Fresh Tracks Foundation is to create a ‘community hub’ where patients, their families and friends can come together in a safe, caring and non-judgemental environment. Such a hub could also include other skills development leading to employment for some.

For our part Ku-ring-gai Council will continue to support this very worthwhile program. As an organisation we also need to actively seek ways we can improve access and equity for the disabled – in our buildings, in our shopping centres and in other community events and facilities. I know that our staff are working on policies that will reinforce this aim and I look forward to seeing the outcomes.

Resolved:

That the Mayoral Minute be received and noted.

CARRIED UNANIMOUSLY

335

A R Bluett Memorial Award

File: S02272

Vide: MM.2

It gives me great pleasure to announce that Ku-ring-gai Council – along with Bankstown Council – have been declared joint winners of the AR Bluett Memorial Award in 2014, in the City and Regional category.  The award is widely considered to be the most prestigious in NSW local government.  This year was the first time for 25 years the award has been a joint one, reflecting the high standard of entries this year.

The A R Bluett Memorial Award has been awarded annually to NSW councils since 1945, in memory of Albert Robert Bluett. AR Bluett was an outstanding figure in local government, serving as the Secretary and Solicitor to the Local Government and Shires Associations of NSW for 30 years and one of the architects of the Local Government Act of 1919.

The A R Bluett Memorial Award is keenly contested each year by Councils who would like to be recognised as being the most progressive in the State in all aspects of their operations and services.

There are two categories in the Bluett Award; the City and Regional Award and the Rural Award. The former is open to Councils in urban areas, cities or large regional towns and the latter to Councils based in rural and country areas.

Nominations open in the middle of each year and finalists announced by September. Finalists are then visited by the judging panel who inspect facilities and ask questions before the awards are announced at the annual conference for NSW local government held in October. The awards are coordinated by LGNSW, the peak body for all 152 NSW Councils.

Winning the Bluett Award is an accolade that opens the door to leadership roles for Councils, an improved public profile and more opportunities to gain grant funding and market their area.

The award was announced at the 2014 Local Government Conference in Coffs Harbour on 22 October.

The judges and LGNSW outlined their reasons for choosing Ku-ring-gai as joint winners in a statement issued to the media.

Trust Chairman Graeme Fleming PSM, said the awards are the premier award for local government in NSW, representing the pinnacle of achievement and the judging proved one of the most difficult ever, as evidenced by the joint winner announcement for Ku-ring-gai and Bankstown.

Ku-ring-gai Council which promotes itself as "Sydney's Green Heart" have been quite strategic with their decisions with a strong emphasis on sustainability from a financial, environmental, social and governance perspective.  Some of the achievements during the year have included a $17M fitness and aquatic centre, major upgrade of Gordon Library, establishment of wetlands, extensive upgrades to parks and playgrounds, one of the largest volunteer bush regeneration programs in NSW, a new administrative building with the adaptive reuse of previous commercial building, numerous awards and citations, bio-banking, an enviro YouTube channel, extensive community consultation and engagement, as well as being in a sound financial position with all depreciation fully funded.

As Mayor, I am sure I speak for all the Councillors in expressing our pride in this award and our belief in Ku-ring-gai’s ability to deliver major projects for our community by a combination of good planning, financial acumen and innovation.

The new emergency services headquarters, the new Council depot at Pymble, the refit of Gordon Library, the North Turramurra Recreation Area and the Ku-ring-gai Fitness and Aquatic Centre are just a few of the Council’s major projects in the past two years.

Added to that is our strong financial performance and ability to plan for our expanding population through a comprehensive program of land acquisition for public open space. I note that just in the last two weeks we have been able to announce a budget of over $50 million for local roads over the next five years.

This is in stark contrast to the position we were in 14 years ago, when Ku-ring-gai Council was on the State Government’s ‘watchlist’ for underperforming Councils.  At that point we were running operating deficits with no cash reserves, our total roads budget was $1.5 million and we depended on ratepayers for 70% of our income.

In comparison today, we are rated in the top 16 of 152 NSW Councils for financial strength and stability, our budget this year for capital works is $33 million and our dependence on rate income has been reduced to 57%.

What this award shows is that with diligence, innovative thinking, fiscal responsibility and some hard decision-making it is possible to turn things around.

We still have more to do in terms of addressing our infrastructure backlog.  However, I firmly believe this Council is on the right path to building substantial infrastructure and providing quality services for all 114,000 of our residents.  I also believe our current position should demonstrate unequivocally to the NSW Government that Ku-ring-gai is consistently achieving on behalf of its community.

I thank the Council staff for their hard work that has contributed to this award and my fellow Councillors for their perseverance and commitment to delivering a secure future for Ku-ring-gai.

Resolved:

That the Mayoral Minute be received and noted.

CARRIED UNANIMOUSLY

336

VALE Mark Matuschka – Kokoda Trail Veteran

File: CY00455/2

Vide: MM.3

It is my sad duty to advise my fellow Councillors of the passing of a most esteemed member of our community – Mark Matuschka.

Mr Matuschka was one of that fast dwindling band of brothers who fought on the Kokoda Trail during World War II.

Originally from country Victoria, Mark Matuschka volunteered to join the army at the age of 17, pretending to authorities that he was a year older. After training with the 23rd Battalion he was appointed Gun Sergeant and eager to see action, put his name forward to serve with the 39th Battalion in Papua New Guinea.

It was there that he finally achieved his wish. In one of the bravest actions of the entire war, Mark Matuschka and 550 fellow 39th Battalion members successfully defended a Kokoda ridgeline against no fewer than 10,000 Japanese troops until reinforcements arrived. Their efforts are all the more remarkable when one realises that few were over the age of nineteen.

Mark Matuschka served his country for the whole war until he was demobilised in 1946. As a single man he struggled for support in the immediate post-war years, with most government help going to married men with families. But his naturally positive nature saw him through. He eventually retrained in cabinetmaking, with one of his work achievements being the cabinetmaker who fitted the Queen’s train for her visit to Australia in 1954.

In 1963 he met Judy, who was to be his wife for almost 51 years. Mark and Judy moved into a home in Turramurra in 1964 and from there to Wahroonga until his passing. They raised two sons Paul and Adam, one of whom still calls Ku-ring-gai home.

Mark Matuschka was, like so many of his generation, an unassuming and humble man who loved the company of others. He spent his later years learning photography and graphic design, becoming a tutor at the local Computer Pals group. In 2009 he had the misfortune to lose his sight, but this did not dim his enthusiasm for socialising with others and enjoying life.

Over 100 people attended his funeral at which the commanding officer of the 39th Battalion spoke movingly of his courageous war service. Mark Matuschka’s heroism will not be forgotten, neither by his loving family nor the trustees of the Kokoda Memorial who will keep his name alive. May he rest in peace.

Resolved:

A.    That the Mayoral Minute be received and noted.

B.    That we stand for a minute’s silence to honour Mark Matuschka.

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

CARRIED UNANIMOUSLY

337

Petition to Oppose the Rezoning and Reclassification from Community Land to Operational (Residential) Land - (Eighty-six [86] Signatures)

File: S10300

Vide: PT.1

"We, the undersigned, are concerned citizens who urge our leaders to remove the proposal to re-zone the community land at 136A Junction Lane, Wahroonga (south end of Morris Avenue known as Lot 3 DP 547626 and Lot A 410082).  We wish to preserve public access through this site to maintain public amenity and community connectivity.

Community land at 136A Junction Lane (south end of Morris Avenue) Wahroonga has been used as a right-of-way, driveway to adjacent properties on Junction Lane and a pedestrian/cycle access way .  Residential re-zoning will restrict pedestrian/cycle access to and from Junction Lane and Morris Avenue to East Wahroonga shops (Hampden Avenue), recreational facilities (Eldinhope Green [Morris Avenue] and Jubilee Oval [Westbrook Avenue]) and transport connections (bus stops on Westbrook Avenue).”

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

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

CARRIED UNANIMOUSLY

338

Petition to make Friar's Field a Dog Off-leash Park - (One Hundred and Thirty-two [132] Signatures)

File: S05304

Vide: PT.2

The following Petition was presented by Councillor Christiane Berlioz:

“We, the undersigned, are concerned citizens who urge our Ku-ring-gai Councillors to vote to make Friar’s Field a dog off-leash Park permanently or as a compromise, to make it a dog off-leash between hours of 4.00pm in winter and 4.30pm to 8.00am during summer.”

Resolved:

(Moved: Councillors Berlioz/Armstrong)

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

CARRIED UNANIMOUSLY

339

Access and Disability Inclusion Plan 2014 - 2018

File: CY00457/2

Vide: GB.3

To present to Council the draft Ku-ring-gai Access and Disability Inclusion Plan 2014 – 2018, for consideration and public exhibition.

Resolved:

(Moved: Councillors Szatow/McDonald)

A.    That the Access and Disability Inclusion Plan 2014-2018 be placed on public exhibition for a period of 28 days then reported back to Council.

B.    That a range of consultations be held with identified stakeholders consistent with the NSW Disability Inclusion Act (2014).

CARRIED UNANIMOUSLY

340

Ku-ring-gai Neighbourhood Centre - Lease Renewal of Premises 11-21 Cowan Road St Ives

File: S07511

Vide: GB.4

For Council to consider granting a five (5) year lease agreement to Ku-ring-gai Neighbourhood Centre Inc (KNC) for premises located at 11-21 Cowan Road St Ives.

Resolved:

(Moved: Councillors Szatow/Armstrong)

A.    That Council approve the granting of a five (5) year lease agreement to Ku-ring-gai Neighbourhood Centre Inc for premises located at 11-21 Cowan Road St Ives.

B.    That the lease be treated as commencing from 1 July 2014 and expire on 30 June 2019 in accordance with previous negotiations.

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.

CARRIED UNANIMOUSLY

341

Investment Report as at 30 September 2014

File: S05273

Vide: GB.5

To present Council’s investment portfolio performance for September 2014.

Resolved:

(Moved: Councillors Szatow/McDonald)

A.    That the summary of investments and performance for September 2014 be received and noted.

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

CARRIED UNANIMOUSLY

342

17 Turramurra Avenue Turramurra - Demolition of an Existing Dwelling and Construction of a Three Storey Residential Flat Building containing Seven Units

File: DA0242/14

Vide: GB.6

Demolition of existing an dwelling and construction of a three storey residential flat building containing seven units.

Resolved:

(Moved: Councillors Szatow/Berlioz)

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 minimum street frontage development standard 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 minimum site frontage development standard and the R4 High Density Residential zone.

AND

B.    That Council, as the consent authority, grant deferred commencement consent to DA0242/14 for the demolition of the existing dwelling and construction of a residential flat building containing seven units and basement carparking on land at 17 Turramurra Avenue Turramurra, subject to the following terms:

Schedule (A)  - deferred commencement condition:

Evidence required to satisfy the following condition must be submitted to Council within twelve (12) months of the date of this consent.

The consent does not operate until the following deferred commencement condition has been satisfied.

1.     Drainage easement

The applicant shall submit documentary evidence that the property benefits from a drainage easement over the downstream properties as far as the public drainage system. This consent will not operate until the documentary evidence has been submitted to and approved by Council’s Development Engineer.

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

Upon receipt of written notification from Council that the abovementioned condition has been satisfied, the following conditions will apply:

Schedule (B)  - the standard conditions of consent are set out as follows:

1.     Approved architectural plans and documentation (new development)

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

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

2.     Inconsistency between documents

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

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

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

3.     Asbestos works

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

Reason:    To ensure public safety

4.     Groundwater inflow predictions

Prior to the commencement of works on site, but after the geotechnical investigation comprising cored boreholes and groundwater monitoring:

1.    The predicted instantaneous inflow rate (expressed in litres per second) and the predicted total groundwater extraction volume (expressed in megalitres) for the defined period of construction (expressed in months) of the development shall be determined and advised to the NSW Office of Water. The treatment, management and disposal of the pumped groundwater will be subject to the approval of the appropriate regulatory authority.

2.    The predicted instantaneous inflow rate (expressed in litres per second) and the predicted total groundwater extraction volume (expressed in megalitres per year) for the long-term operation of the development shall be determined and advised to the NSW Office of Water. The treatment, management and disposal of the pumped groundwater will be subject to the approval of the appropriate regulatory authority.

Note:           The appropriate regulatory authority may be either council, Sydney Water, the NSW Environmental Protection Authority or the NSW Office of Water, depending on the quality or contamination status of the groundwater and the proposed method of disposal.

Reason:     To protect the environment.

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 Turramurra Avenue over the site frontage

·    All driveway crossings and laybacks opposite the subject site.

The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.

The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.

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

Reason:    To record the structural condition of public infrastructure before works commence.

8.     Dilapidation survey and report (private property)

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

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

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

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

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

9.     Construction and traffic management plan

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

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

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

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

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

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

·   Demolition

·   Excavation

·   Concrete pour

·   Construction of vehicular crossing and reinstatement of footpath

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

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

If a works zone is proposed, 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.   Marking of trees to be removed

All trees that are to be removed within the Blue Gum High Forest conservation area and the development area, are to be clearly marked on site by the Project Arborist in accordance with the approved plans. All other trees are to be retained.

Reason:    To protect existing trees during the construction phase.

14.   Tree protection measures

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off or protected as shown on the following plan/s pertaining to the completion of each stage, to prevent any activities, storage or the disposal of materials within the fenced area.  The ground protection and tree protection fence/s shall be maintained intact until the completion of all demolition/building work on site.

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacings and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing. Ground protection should be in accordance with Section 4.5 of AS4970-2009 Protection of trees on development sites.

Reason : To protect existing trees during construction phase

15.   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.

16.   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.

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.   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 Local Centres DCP 2012.

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.

19.   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:

20.   Amendments to approved landscape plan

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

The above landscape plan(s) shall be amended in the following ways:

1.  The proposed planting of Eleaocarpus eumundii (Quandong) is to be substituted with a smaller species such as  Elaeocarpus reticulatus (Blueberry Ash), with smaller species such as Syzigium australe ‘Resiliance’ forward of the building line.

2.  The Unit 6 planter is to be shown planted with 20 Rhaphis excelsa (Lady Palm) or similar, minimum 20cm pot size.

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

21.   Long service levy

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

Reason:    Statutory requirement.

22.   Builder’s indemnity insurance

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

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

Reason:    Statutory requirement.

23.   Outdoor lighting

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

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

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

24.   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.

25.   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.

26.   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, Unit 1, 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.

27.   Stormwater management plan

Prior to issue of the Construction Certificate, the applicant must submit, for approval by the Principal Certifying Authority, scale construction plans and specifications in relation to the stormwater management and disposal system for the development. The plan(s) must be based on Stormwater Management & Civil Engineering Plans prepared by Northrop dated 1 September 2014 and accompanying Report - Job No. 141209 dated 1 September 2014 and must include the following detail:

·    exact location and reduced level of discharge point to the public drainage system

·    Layout of the property drainage system components, including but not limited to (as required) gutters, downpipes, spreaders,  pits, swales, kerbs, cut-off and intercepting drainage structures, subsoil drainage, flushing facilities and all ancillary stormwater plumbing - all designed for a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence)

·    location(s), dimensions and specifications for the required rainwater storage and reuse tanks and systems and where proprietary products are to be used, manufacturer specifications or equivalent shall be provided

·    specifications for reticulated pumping facilities (including pump type and manufacturer specifications) and ancillary plumbing to fully utilise rainwater in accordance with Council’s Local Centres DCP Volume C Part 4 and/or BASIX commitments

·    details of the required on-site detention tanks required by Council’s Local Centres DCP Volume C Part 4, including dimensions, materials, locations, orifice and discharge control pit details as required

·    the required basement stormwater pump-out system is to cater for driveway runoff and subsoil drainage

The above construction drawings and specifications are to be prepared by a qualified and experienced civil/hydraulic engineer in accordance with Council’s Local Centres DCP Volume C Part 4, Australian Standards 3500.2 and 3500.3 - Plumbing and Drainage Code and the Building Code of Australia.

Reason:    To protect the environment.

28.   Stormwater retention / detention

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

1.  A mandatory rainwater retention and re-use system, comprising storage tanks and ancillary plumbing is provided. The minimum total storage volume of the rainwater tank system, and the prescribed re-use of the water on site must satisfy all relevant BASIX commitments and the requirements specified in Council’s Local Centres DCP Volume C Part 4; and

2.  An on-site stormwater detention system must be provided to control the rate of runoff leaving the site. The minimum volume of the required on-site detention system must be determined in accordance with Council’s Local Centres DCP Volume C Part 4B.5 having regard to the specified volume concession offered in lieu of installing rainwater retention tanks. The on-site detention system must be designed by a qualified civil/hydraulic engineer and must satisfy the design controls set out in Council’s Local Centres DCP Volume C Part 4.

Reason:    To protect the environment.

29.   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.

30.   Pier and beam footings near trees

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the footings of the approved driveway will be isolated pier construction within the specified radius of the trunk/s of the following tree:

The piers shall be located such that no roots of a diameter greater than 30mm will be severed or injured during the construction period.  The suspended section of the driveway shall be laid in accordance with the Detailed Driveway Section (Driveway Root Mapping, dwg A968 Issue 2, prepared by Greenbox Architecture, dated 18/09/14).

Note:         Structural details of the pier or pier and beam construction shall be submitted to the Principal Certifying Authority.

Reason:     To protect existing trees.

31.   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.

32.   Driveway grades - basement car parks

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.

33.   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 car park 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.

34.   Drainage of paved areas

All new exposed impervious areas graded towards adjacent property and/or habitable areas are to be drained via the main drainage system. This may require the installation of suitable inlets pits, cut-off structures (e.g. kerb), and/or barriers that direct such runoff to the formal drainage system. Details of such measures shall be shown on the Construction Certificate drawings, to the satisfaction of the Certifying Authority.

Reason:    To control surface run off and protect the environment.

35.   Vehicular access and garaging

Driveways and vehicular access ramps must be designed not to scrape the underside of cars. In all respects, the proposed vehicle access and accommodation arrangements must be designed and constructed to comply with Australian Standard 2890.1 - 2004 “Off-Street car parking”. Details are to be provided to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

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

36.   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.

37.   Number of bicycle spaces

The basement car park shall be adapted to provide 3 bicycle spaces in accordance with the Local Centres DCP 2013. 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.

38.   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.

39.   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.

40.   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):

41.   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.

42.   Section 94 Contributions - Centres.

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

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:

43.   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.

44.   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.

45.   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.

46.   Reduction or elimination of groundwater impact

If, during the detailed design of the development or during construction significant quantities of groundwater are identified or encountered, the NSW Office of Water shall be consulted. Any measures as directed or agreed to by the NSW Office of Water to reduce or eliminate the inflow of groundwater to the construction site shall be incorporated into the detailed design and/or construction of the development.

Note: The NSW Office of Water shall determine the significance of any extraction volume and the need for an authorisation to account for the take of water so identified. Where an authorisation is deemed to be required, the applicant shall procure an entitlement from the relevant water source(s) appropriate to account for the extraction of groundwater. The authorisation shall be subject to prescribed assessment fees and administrative charges as determined from time-to-time by the Independent Pricing and Regulatory Tribunal (IPART).

Reason:  To protect the environment.

47.   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.

48.   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.

49.   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.

50.   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.

51.   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.

52.   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.

53.   Compliance with submitted geotechnical report

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

Geotechnical aspects of the development work, namely:

·    appropriate excavation method and vibration control

·    support and retention of excavated faces

·    hydro-geological considerations

must be undertaken in accordance with the recommendations of the Geotechnical Assessment prepared by JK Geotechnics Ref: 27416Zrpt Rev1 dated 19 May 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.

54.   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.

55.   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.

56.   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.

57.   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.

58.   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.

59.   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.

60.   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.

61.   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.

62.   Road repairs necessitated by excavation and construction works

It is highly likely that damage will be caused to the roadway at or near the subject site as a result of the construction (or demolition or excavation) works.  The applicant, owner and builder (and demolition or excavation contractor as appropriate) will be held responsible for repair of such damage, regardless of the Infrastructure Restorations Fee paid (this fee is to cover wear and tear on Council's wider road network due to heavy vehicle traffic, not actual major damage). 

Section 102(1) of the Roads Act states “A person who causes damage to a public road is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.”

Council will notify when road repairs are needed, and if they are not carried out within 48 hours, then Council will proceed with the repairs, and will invoice the applicant, owner and relevant contractor for the balance.

Reason:    To protect public infrastructure.

63.   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.

64.   Temporary disposal of stormwater runoff

During construction, stormwater runoff must be disposed of in a controlled manner that is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to manage and control runoff as far as the approved point of stormwater discharge. Such measures shall be to the satisfaction of the Principal Certifying Authority.

Reason:    To preserve and enhance the natural environment.

65.   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.

66.   Drainage to interallotment easement

Stormwater runoff from all new impervious areas and subsoil drainage systems shall be piped and connected to the interallotment stormwater drainage line benefiting the site. The interallotment line must be covered by the necessary easement for drainage which may exist or need to be created under this consent.

Reason:    To protect the environment.

67.   Grated drain at garage

A 200mm wide grated channel/trench drain, with a heavy-duty removable galvanised grate is to be provided in front of the garage door/basement parking slab to collect driveway runoff. The channel drain shall be connected to the main drainage system and must have an outlet of minimum diameter 150mm to prevent blockage by silt and debris.

Reason:    Stormwater control.

68.   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 Co-ordinator. 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 Co-ordinator, 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.

69.   Arborist’s report

The trees to be retained shall be inspected and monitored by an AQF Level 5 Arborist in accordance with AS4970-2009 during and after completion of development works to ensure their long term survival.  Regular inspections and documentation from the project arborist to the Principal Certifying Authority are required at the following times or phases of work. All reports should include dated, a brief description of the trees inspected, and any mitigation works prescribed. An arborist report prepared by About Trees, dated 27/11/13, has been submitted as part of the application. Tree numbers refer to this report.

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

Reason:    To ensure protection of existing trees.

70.   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.

71.   Hand excavation

All excavation, excluding for basement, within the specified radius of the trunk(s) of the following tree(s) shall be hand dug. No tree roots of 50mm or greater in diameter located within the specified radius of the trunk(s) of the following, tree(s) shall be severed or injured in the process of any hand excavation.

Reason:    To protect existing trees.

72.   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.

73.   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.

74.   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.

75.   Removal of noxious plants & weeds

All noxious and/or environmental weed species shall be removed from the property prior to completion of building works:

Reason:    To protect the environment.

76.   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:

77.   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.

78.   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. 548926M_02 have been complied with.

Reason:    Statutory requirement.

79.   Mechanical ventilation

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

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

·   The Building Code of Australia

·   Australian Standard AS1668

·   Australian Standard AS3666 where applicable

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

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

Reason:     To protect the amenity of surrounding properties.

80.   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.

81.   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.

82.   Provision of copy of OSD designs if Council is not the PCA

Prior to issue of the Occupation Certificate, the following must be provided to Council’s Development Engineer:

·    a copy of the approved Construction Certificate stormwater detention/retention design for the site

·    A copy of any works-as-executed drawings required by this consent

·    The Engineer’s certification of the as-built system.

Reason:    For Council to maintain its database of as-constructed on-site stormwater detention systems.

83.   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.

84.   WAE plans for stormwater management and disposal

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

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

·    gradients of drainage lines, materials and dimensions

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

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

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

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

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

·    dimensions of the discharge control pit and access grates

·    the maximum depth of storage possible over the outlet control

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

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

Reason:    To protect the environment.

85.   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.

86.   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.

87.   Easement drainage line construction

Prior to issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the required interallotment drainage system has been installed and surveyed under the supervision of a designing engineer or equivalent professional.

Note:         At the completion of the interallotment works, the following must be submitted to the Principal Certifying Authority for approval:

·   details from the supervising engineer that that the as-constructed works comply with the approved interallotment design documentation

·   a full works as executed drawing of the as built interallotment drainage line (dimensions, grades, materials, invert levels) prepared by a registered surveyor, and details from the  surveyor that all drainage structures are wholly contained within existing drainage easement(s)

Reason:    To protect the environment.

88.   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.

89.   Certification of as-constructed driveway/car park - 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

§    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 car park, 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 (refer Local Centres DCP) are met from the public street into and within the applicable areas of the basement car park.

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.

90.   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.

91.   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:

92.   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.

93.   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.

94.   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.

CARRIED UNANIMOUSLY

343

2 - 4 Culworth Avenue Killara - Demolition of Existing Structures and Construction of a Five-Storey Residential Flat Building containing 44 Units, Basement Car Parking and Associated Site Works

File: DA0088/14

Vide: GB.7

Demolition of existing structures and construction of a five storey residential flat building containing 44 units, basement car parking and associated site works.

Resolved:

(Moved: Councillors Szatow/Citer)

That the Council, as the consent authority, grant development consent to DA0088/14 for demolition of existing structures and construction of a five storey residential flat building containing 44 residential units, basement and associated landscaping works on land at 2–4 Culworth Avenue Killara, for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:

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.     Amendments to approved plans

The plans subject of this development consent shall be amended in the following ways:

•    to ensure the visitability of all units within the development the southern lift core at the ground floor shall be provided with a north and south facing door so that units 5 to 9 can be accessed from the main entry

•    the access pathway to the communal open space shall be continued through and joined through the main communal open space area linking the front and rear of the building. This path shall be 1.0m in width

•    occasional seating shall be placed throughout the communal open space areas

•    the vertical louvers to the rear passageways are to be fixed and of aluminium material finished to be recessive and complement the other materials in the building. The finish shall not be reflective

•    highlight openable windows in lieu of the glass blocks to the studies or kitchens of units 4, 5, 13, 14, 15, 23, 24, 25, 33, 34, 35 and 41 shall be provided. These widows shall be provided with a sill height of 1.6m to maintain privacy

•    where two balconies conjoin and the plans nominates a ‘glass separation’ they are to be separated by fixed, framed opaque toughened glazing that extends to the underside of the balcony above it or in the case of the top most floor to the roof of that storey.

Reason:   To ensure a high level of architectural design is achieved.

3.     Inconsistency between documents

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

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

4.     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:

5.     Asbestos works

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

Reason:    To ensure public safety

6.     Lot consolidation

Prior to issue of the Construction Certificate, the dwellings and associated improvements at 2 - 4 Culworth Avenue must be demolished and the lots consolidated. Evidence of lot consolidation, in the form of a plan registered with Land and Property Information, must be submitted for approval of the Principal Certifying Authority prior to issue of the Construction Certificate.

Reason:   To ensure continuous structures will not be placed across separate titles.

7.     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.

8.     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.

9.     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 Culworth Avenue over the site frontage, including the full intersection.

•    All driveway crossings and laybacks opposite the subject site.

The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.

The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.

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

Reason:    To record the structural condition of public infrastructure before works commence.

10.   Archival recording of buildings

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

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

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

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

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

11.   Dilapidation survey and report (private property)

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

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

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

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

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

12.   Geotechnical report

Prior to the commencement of any bulk excavation works on site, the applicant shall submit to the Principal Certifying Authority, the results of the detailed geotechnical investigation comprising a minimum of six boreholes to at least 3 metres below the proposed basement level, with at least three groundwater monitoring bores, as recommended in the report by Jeffery and Katauskas dated 22 January 2014. The report is to address such matters as:

•    appropriate excavation methods and techniques

•    vibration management and monitoring

•    dilapidation survey

•    support and retention of excavates faces

•    hydrogeological considerations

The recommendations of the report are to be implemented during the course of the works.

Reason:    To ensure the safety and protection of property.

13.   Construction and traffic management plan

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

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

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

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

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

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

o   Demolition

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.

14.   Work zone

A Works Zone is to be provided in Culworth Avenue 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.

15.   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.

16.   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.

17.   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.

18.   Tree protection signage

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

Tree protection zone.

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

   any encroachment not previously approved within the tree protection zone shall be the subject of an arborist's report

   the arborist's report shall provide proof that no other alternative is available

   the Arborist's report shall be submitted to the Principal Certifying Authority for further consultation with Council

   the name, address, and telephone number of the developer

Reason:    To protect existing trees during the construction phase.

19.   Tree 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.

20.   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.

21.   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.

22.   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:

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 proposed location of T20 is to be amended (to minimise spatial conflicts with proposed drainage infrastructure) to be relocated centrally within the communal setback in front of Unit 4

   to ensure equitable access through the communal open space the proposed pedestrian path is to be connected from the western to eastern end. The path is to be maintained at 1.0m wide

   to promote usage of the southern communal open space, occasional seating is to be proposed within the area, particularly towards the southeast corner where there is solar amenity

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.   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.

25.   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.

26.   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.

27.   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.

28.   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.

29.   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.

30.   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, [3, 12, 13, 23 and 33], 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.

31.   Paving near trees

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that paving works within the specified radius of the trunk/s of the following tree/s will be of a type and construction to ensure that existing water infiltration and gaseous exchange to the tree/s root system is maintained:

Note:         Details of the paving prepared by a suitably qualified professional shall be submitted to the Principal Certifying Authority.

Reason:    To protect existing trees.

32.   Pier and beam footings near trees

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that the footings of the approved Unit 6 courtyard wall/fence will be isolated pier or pier and beam construction within the specified radius of the trunk/s of the following tree/s:

The piers shall be located such that no roots of a diameter greater than 30mm will be severed or injured during the construction period.  The beam/s shall be of reinforced concrete or galvanised steel sections and placed in positions with the base of the beam being a minimum of 50mm above existing soil levels.

Note:         Structural details of the pier or pier and beam construction shall be submitted to the Principal Certifying Authority.

Reason:    To protect existing trees.

33.   Noise from road and rail (residential only)

Prior to the issue of the Construction Certificate, the Certifying Authority shall submit evidence to Council demonstrating that the development will be acoustically designed and constructed to ensure that the following LAeq levels are not exceeded:

(a)     in any bedroom in the building-35 dB(A) at any time between 10 pm and 7 am,

(b)     anywhere else in the building (other than a garage, kitchen, bathroom or hallway)-40dB(A) at any time.

Plans and specifications of the required acoustic design shall be prepared by a practicing acoustic engineer and shall be submitted to the Principal Certifying Authority.

Reason:    To minimise the impact of noise from the adjoining road or rail corridor on the occupants of the development.

34.   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.

35.   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.

36.   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.

37.   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 car park 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.

38.   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.

39.   Number of bicycle spaces

The basement car park shall be adapted to provide 14 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.

40.   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.

41.   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):

42.   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.

43.   Section 94 Contributions - Centres

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

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:

44.   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.

45.   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.

46.   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.

47.   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.

48.   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.

49.   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.

50.   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.

51.   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.

52.   Further geotechnical input

The geotechnical and hydro-geological works implementation, inspection, testing and monitoring program for the excavation and construction works must be in accordance with the report by Jeffery and Katauskas dated 22 January 2014 and the report submitted prior to commencement of bulk excavation. Over the course of the works, a qualified geotechnical/hydro-geological engineer must complete the following:

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

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

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

Reason:    To ensure the safety and protection of property.

53.   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 Jeffery and Katauskas dated 22 January 2014 and the report submitted before commencement of bulk excavation. 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).

If the groundwater monitoring indicates that constant pumping would be required for long-term basement drainage, then a tanked basement design is to be adopted.  The NSW Office of Water will also require a licence to be obtained for temporary dewatering in excess of 3 megalitres.  All requirements of NSW Office of Water are to be met during design, excavation and construction.

Reason:    To ensure the safety and protection of property.

54.   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.

55.   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.

56.   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.

57.   Recycling of building material (specific)

During demolition and construction, the Principal Certifying Authority shall be satisfied that, in addition to building materials generally suitable for recycling, the following materials have been forwarded to an appropriate registered business dealing in recycling of materials. All materials to be recycled must be kept in good order:

Stone salvaged from existing buildings retained on site and reused in landscaping works.

Reason:    To facilitate recycling of materials.

58.   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.

59.   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.

60.   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.

61.   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.

62.   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.

63.   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 Co-ordinator. 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 Co-ordinator, 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.

64.   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.

65.   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.

66.   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. All trees to be clearly tagged consistent with the arboricultural impact assessment report.

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

67.   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.

68.   No storage of materials beneath trees

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

Reason:    To protect existing trees.

69.   Supervision of transplanting

Transplanting of the following trees/shrubs shall be directly supervised by an experienced AQF3 arborist/horticulturist.

Reason:    To protect the trees during transplanting.

70.   Removal of refuse

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

Reason:    To protect the environment.

71.   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.

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

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

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

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

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

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

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

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

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

73.   On site retention of waste dockets

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

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

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

Reason:   To protect the environment.

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

74.   Easement for waste collection

Prior to the issue of the Occupation Certificate, an easement for waste collection is to be 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.

75.   Compliance with BASIX Certificate

Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall be satisfied that all commitments listed in BASIX Certificate No. 525173M_02 have been complied with.

Reason:    Statutory requirement.

76.   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.

77.   Mechanical ventilation

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

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

   The Building Code of Australia

   Australian Standard AS1668

   Australian Standard AS3666 where applicable

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

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

Reason:    To protect the amenity of surrounding properties.

78.   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.

79.   Accessibility

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

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

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

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

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

   the height of lettering on signage is in accordance with AS 1428.1 - 1993

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

Reason:    Disabled access & services.

80.   Certification of drainage works (dual occupancies and above)

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 Water Management Development Control Plan No. 47 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

The rainwater certification sheet contained in Appendix 13 of the Ku-ring-gai Water Management Development Control Plan No. 47, must be completed and attached to the certification. Where an on-site detention system has been constructed, the on-site detention certification sheet contained in Appendix 4 of DCP 47 must also be completed and attached to the certification.

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.

81.   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.

82.   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 88B or 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 appendices of Ku-ring-gai Council Water Management DCP 47). 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.

83.   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.

84.   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" 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 car park, 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 (refer DCP 40) are met from the public street into and within the applicable areas of the basement car park

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.

85.   Reinstatement of redundant crossings and completion of infrastructure works

Prior to issue of the Occupation Certificate, and upon the completion of any works which may cause damage to Council property, 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.

86.   Mechanical ventilation

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

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

87.   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:

88.   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.

89.   Encroachment over burdens

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

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

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

Reason:    To ensure compliance with the development consent.

90.   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.

CARRIED UNANIMOUSLY

344

1B Beechworth Road, Pymble - Supplementary Report

File: DA0518/13

Vide: GB.8

To determine development application DA0518/13 for subdivision of one lot into three lots, upgrade access road, stormwater drainage and ecological regeneration works at 1B Beechworth Road, Pymble.

Resolved:

(Moved: Councillors McDonald/Malicki)

THAT the Council, as the consent authority, grant development consent to DA0518/13 for subdivision of one lot into three lots, upgrade access road, stormwater drainage and ecological regeneration works at 1B Beechworth Road, 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:

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

2.     Inconsistency between documents

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

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

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

3.     Asbestos works

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

Reason:       To ensure public safety

4.     Notice of commencement

At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.

Reason:       Statutory requirement.

5.     Notification of builder’s details

Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.

Reason:       Statutory requirement.

6.     Dilapidation photos (public infrastructure)

Prior to the commencement of any works on site the applicant must submit to Ku-ring-gai Council and the Principal Certifying Authority a photographic record on the visible condition of Beechworth Road between the site entry and Pacific Highway (in colour - preferably saved to cd-rom in ‘jpg’ format). The photos must include detail of:

·     The existing footpath

·     The existing kerb and gutter

·     The existing full road surface between kerbs

·     The existing verge area

·     The existing driveway and layback where to be retained

·     Any existing drainage infrastructure including pits, lintels, grates.

Particular attention must be paid to accurately recording any pre-developed damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing damage to public infrastructure caused as a result of the development (which is not to be repaired by the Applicant as part of the development). The developer may be held liable to all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated under the requirements of this condition prior to the commencement of any works.

Reason:       To protect public infrastructure.

7.     Construction and traffic management plan

The applicant must submit to Council a Traffic Control Plan for vehicles reversing into the site (eg for concrete pours for the new driveway).

Construction vehicles are only to use Beechworth Road north of the site entry for approach and departure to and from all directions.

When a satisfactory TCP is received, a letter of approval will be issued .  Council’s Rangers will be patrolling the site regularly and fines may be issued for any non-compliance with this condition.

Separate approvals must be obtained from Council if it is proposed to stand plant or hoist materials across Council's land http://www.kmc.nsw.gov.au/I_want_to/Pay_register_request_or_reply/Find_a_form

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.

8.     Erosion and drainage management

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

Reason:       To preserve and enhance the natural environment.

9.     Trunk protection

To preserve the following tree/s, no work shall commence until the trunk/s are protected by the placement of 50 x 100mm hardwood timbers spaced at 150mm centres and secured by 2mm wire at 300mm wide spacing over suitable protective padding material as per AS4970-2009.  The trunk protection shall be maintained intact until the completion of all work on site. 

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

Reason:       To protect existing trees during the construction phase.

10.   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

11.   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 the issue of the construction certificate:

12.   Construction details for stormwater management and driveway works

Prior to the issue of a Construction Certificate, the applicant must submit construction details for the approved stormwater management and driveway works for approval by the Principal Certifying Authority. 

Reason:     To protect the environment and provide suitable vehicular access.

13.   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.

14.   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.

15.   Driveway crossing levels

Prior to issue of the Construction Certificate, driveway and associated footpath levels for any new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Ku-ring-gai Council. Such levels are only able to be issued by Council under the Roads Act 1993.  All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings".

Specifications are issued with alignment levels after completing the necessary application form at Customer Services and payment of the assessment fee. When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant development application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment.

This development consent is for works wholly within the property. Development consent does not imply approval of footpath or driveway levels, materials or location within the road reserve, regardless of whether this information is shown on the development application plans. The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements.  The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.

The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.

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

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

16.   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.

17.   Section 94 development contributions - other than identified centres

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

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

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

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

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

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.

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 for each residential lot authorised by the consent (3 lots authorised - 1 existing lot = 2 new lots authorised): 2 x $20,000 = $40,000.

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:

18.   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.

19.   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.

20.    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.

21.   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.

22.   Statement of compliance with Australian Standards

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

Reason:       To ensure compliance with the Australian Standards.

23.   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.

24.   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.

25.   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.

26.   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.

27.   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.

28.   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.

29.   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.

30.   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.

31.   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.

32.   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 Co-ordinator. 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 Co-ordinator, 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.

33.   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.

34.   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.

35.   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.

36.   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.

37.   Vegetation management plan

The Vegetation Management Plan, prepared by Keystone Ecological, dated Revised 30^th of April 2014, is endorsed in its entirety.

·     All weeding removal (Table 1) weed techniques (Appendix 5), environmental protection measures and ongoing maintenance works are to be carried out in accordance with the VMP.

·     All noxious and environmental weeds (Table 1) are to be removed from the Blue Gum High Forest community within the site.

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

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

38.   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.

39.   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:

40.   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.

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

41.   Certification of subdivision works

Prior to the issue of the Subdivision Certificate or a Final Certificate of Compliance, the applicant shall submit certification from a suitably qualified and experienced engineer that the stormwater management and driveway works have been carried out in accordance with the approved Construction Certificate plans.

Works-as-executed plans prepared by a registered surveyor are also to be submitted to and approved by Council prior to the issue of the Subdivision Certificate.

Reason:      To ensure that works have been carried out in accordance with the development consent.

42.   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.

43.   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.

44.   Infrastructure repair - subdivision works

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

Reason:       To protect public infrastructure.

45.   Provision of services

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

Reason:       Access to public utilities.

46.   Issue of subdivision certificate

The subdivision certificate must not be issued until all conditions of development consent have been satisfied.

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

47.   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.

48.   Submission of plans of subdivision (Torrens title)

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

a)     the endorsement fee current at the time of lodgement

b)     the 88B instrument(s) plus 6 copies

c)     a copy of the Final Certificate of Compliance for the driveway and drainage works

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

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

f)     Proof of payment of S94 contribution

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

Reason:         Statutory requirement.

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

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

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

INTEGRATED REFERRAL CONDITIONS:

50.   Office of Water

a)       The Construction Certificate will not be issued over any part of the site requiring a controlled activity approval until a copy of the approval has been provided to Council.

b)      These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to DA0518/13 and provided by Council:

(i) Site plan, map and/or surveys

Any amendments or modifications to the proposed controlled activities may render these GTA invalid. If the proposed controlled activities are amended or modified the NSW Office of Water must be notified to determine if any variations to these GTA will be required.

c)       Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from the NSW Office of Water. Waterfront land for the purposes of this DA is land and material in or within 40 metres of the top of the bank or shore of the river identified.

d)      The consent holder must prepare or commission the preparation of:

(i)      Vegetation Management Plan

(ii)     Erosion and Sediment Control Plan

(iii)    Soil and Water Management Plan

e)      All plans must be prepared by a suitably qualified person and submitted to the NSW Office of Water for approval prior to any controlled activity commencing. The following plans must be prepared in accordance with the NSW Office of Water’s guidelines located at www.water.nsw.gov.au/Water- Licensing/Approvals/default.aspx

(i)      Vegetation management plans

(ii)     Outlet structures

f)       The consent holder must (i) carry out any controlled activity in accordance with approved plans and (ii) construct and/or implement any controlled activity by or under the direct supervision of a suitably qualified professional and (iii) when required, provide a certificate of completion to the NSW Office of Water.

Rehabilitation and maintenance

g)      The consent holder must reinstate waterfront land affected by the carrying out of any controlled activity in accordance with a plan or design approved by the NSW Office of Water.

Reporting requirements

h)      The consent holder must use a suitably qualified person to monitor the progress, completion, performance of works, rehabilitation and maintenance and report to the NSW Office of Water as required.

i)       The consent holder must not locate ramps, stairs, access ways, cycle paths, pedestrian paths or any other non-vehicular form of access way in a riparian corridor other than in accordance with a plan approved by the NSW Office of Water.

Disposal

j)       The consent holder must ensure that no materials or cleared vegetation that may (i) obstruct flow, (ii) wash into the water body, or (iii) cause damage to river banks; are left on waterfront land other than in accordance with a plan approved by the NSW Office of Water.

Drainage and Stormwater

k)       The consent holder is to ensure that all drainage works (i) capture and convey runoffs, discharges and flood flows to low flow water level in accordance with a plan approved by the NSW Office of Water; and (ii) do not obstruct the flow of water other than in accordance with a plan approved by the NSW Office of Water.

l)        The consent holder must stabilise drain discharge points to prevent erosion in accordance with a plan approved by the NSW Office of Water.

Erosion control

m)      The consent holder must establish all erosion and sediment control works and water diversion structures in accordance with a plan approved by the NSW Office of Water.  These works and structures must be inspected and maintained throughout the working period and must not be removed until the site has been fully stabilised.

Excavation

n)       The consent holder must ensure that no excavation is undertaken on waterfront land other than in accordance with a plan approved by the NSW Office of Water.

Reason:    Requirement pursuant to Water Management Act 2000.

CARRIED UNANIMOUSLY

345

Renewal of Licence to Rotary Clubs of Turramurra and Ku-ring-gai to conduct Markets in Wade Lane Car Park Gordon

File: S02618

Vide: GB.9

To seek Council approval for the renewal of licence for the continued use of the mid-level of the Wade Lane Car Park to Rotary Club of Turramurra Incorporated and Rotary Club of Ku-ring-gai Incorporated.

Resolved:

(Moved: Councillors Szatow/Pettett)

A.   That Council grant the renewal of a 5 year licence to the Turramurra Rotary Club Incorporated and the Ku-ring-gai Rotary Club Incorporated.

B.   That Council authorise the issue of a Public Notice as prescribed by Sections 47 and 47A of the Local Government Act 1993.

C.   That Council endorse the licence fee being established in accordance with Council’s Policy for the Management of Community and Recreational Land and Facilities and that a 70% rebate apply to the market rate assessed by independent valuation.

D.   That Council authorise the Mayor and General Manager to sign licence documentation.

E.   That Council authorise the Common Seal of Council to be affixed to licence documentation.

CARRIED UNANIMOUSLY

346

NSROC Councils and Fit for the Future

File: CY00456/2

Vide: NM.1

Notice of Motion from Councillor Malicki dated 20 October 2014

Ku-ring-gai Council has resolved to oppose the concept of amalgamation since this was first proposed by the NSW Government. (Attachment 1) This is a stance shared by six of the seven Councils in the Northern Suburbs Region of Councils, the only exception to this shared stance being Hornsby Council which has been actively researching amalgamation.

Instead of amalgamation, we have resolved to “encourage and participate with NSROC in investigating opportunities to increase the range of resource and services sharing.” Our stance of collaborating with NSROC Councils to strengthen our capacity as an individual Council is also the formal stance held by the ROC. (Attachment 2).

Following the release of the document “Fit for the Future”, it has become even more critical to work with the region’s Councils in order to formulate a stance for our region that is consistent with the objectives of Fit for the Future but which allows us to retain our individual identities and avoid amalgamation.

The meeting of the NSROC Board on 16/10/14, which the Mayor did not attend, resolved that “NSROC writes to the Minister seeking his in principle agreement to consider a specific proposal from Northern Sydney Councils to deliver the objectives of Fit for the Future and the IILGRP model for joint organisations, which requires mandatory participation in planning and increased service delivery without the necessity of amalgamating councils.” (Attachment 3.).

It is most desirable for the Mayor to attend all such discussions together with the General Manager.  As the second Councillor representative on NSROC, Councillor Malicki has attended all relevant meetings available to her, however the Mayor has not attended several of the most recent NSROC Meetings despite the resolution stating Council should “participate with NSROC in investigating opportunities to increase the range of resource and services sharing.” (Attachments 4 and 5).

Councillor Anderson has also apologised for a meeting called for NSROC members by Mayor Bill Pickering from Ryde Council, set for Thursday 30 October, claiming that to attend would “be inconsistent with Ku-ring-gai Council’s resolved position on amalgamations which precludes any discussions with individual Councils about mergers or amalgamations.” (Attachment 6).  This meeting is not about “mergers or amalgamations” nor is it with an “individual Council”.  Mayor Pickering’s letter clearly states “it would be valuable for representatives of the Lower North Shore Councils to meet and discuss possible responses to the State Government’s request for submissions.” (Attachment 7).  Mayor Pickering shares Ku-ring-gai’s and NSROC’s opposition to amalgamations and is simply providing an opportunity for his colleagues and General Managers to get together on this matter.

Given that Council has already resolved to work with NSROC Councils on this matter, and that now is a critical time for co-operation, I move the following:

“A.     That Councillors receive a formal briefing on Fit for the Future as soon as possible.

B.    That Council pursues a strategy in preparing a Fit for the Future application based on continuing as an independent, vibrant and viable Council.

C.    That Council continues to discuss all options for reform with surrounding Councils.

D.    That the Mayor and / or Council’s second elected NSROC representative Councillor Malicki plus the General Manager attend every meeting called by the NSROC Councils, including those called by individual members, to discuss a response to Fit for the Future or to discuss resource and services sharing.  This will include attending the meeting on 30 October called by the Mayor of Ryde Council.

E.    That all Mayoral correspondence on Fit for the Future and all correspondence to or from NSROC or its member Councils be distributed to Councillors within 24 hours of receipt or reply or as soon as reasonably practicable.”

Resolved:

(Moved: Councillors Malicki/Pettett)

That the above Notice of Motion as printed be adopted.

For the Resolution:                Councillors Berlioz, Pettett, Szatow, Malicki and Armstrong

Against the Resolution:         The Mayor, Councillor J Anderson, Councillors Citer, McDonald and Fornari-Orsmond

347

Audit and Risk Committee - Selection of Independent Members

File: S07428

Vide: C.1

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

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

Report by Director Corporate dated 15 October 2014

Resolved:

(Moved: Councillors Malicki/McDonald)

That Mr John Gordon be appointed as an Independent Member and Chair of the Audit and Risk Committee and Mr John Bartrop be appointed as an Independent Member of the Audit and Risk Committee, for a period of two years commencing 1 November 2014.

CARRIED UNANIMOUSLY by those present

348

Marian Street Theatre for Young People - Request for Financial Assistance

File: S10095

Vide: GB.1

The following members of the public addressed Council:

A Poehlmann

To advise Councillors of a request from the Marian Street Theatre for Young People (MSTYP) for financial assistance to support their operations throughout 2015.

Resolved:

(Moved: Councillors Fornari-Orsmond/McDonald)

A.    That Council provide the MSTYP financial assistance of $60,000 to support its operations throughout 2015 and that the $60,000 be paid in two equal instalments of $30,000 in March and July.

B.    That should Council provide financial assistance to the MSTYP, the MSTYP provide Council with a Business Model for 2015 that incorporates Council funding staged  throughout 2015.

C.    That should Council provide financial assistance to the MSTYP, Council prepare a funding agreement between Council and the MSTYP following the receipt of the Business Model from MSTYP, and prior to funding being issued to the MSTYP and that a copy of the funding agreement, once completed, be forwarded to all Councillors.

D     That should Council provide financial assistance to MSTYP for 2015, the MSTYP prepare a comprehensive long term business model that addresses all options to ensure its ongoing financial viability, to assist it to become financially independent in future years.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Berlioz, Citer, McDonald, Pettett, Szatow, Fornari-Orsmond and Armstrong

Against the Resolution:         Councillor Malicki

349

Marian Street Theatre - Theatre Consultant's Management Report

File: S10095

Vide: GB.2

The following members of the public addressed Council:

M Inglis

D Castle

W Blaxland

D Newman

M McCrae

To provide Council with a specialist theatre consultant’s report for the management of the Marian Street Theatre (MST) in Killara.

Resolved:

(Moved: Councillors Citer/Szatow)

A.    That Council receive and note the specialist Management Report on the Marian Street Theatre undertaken by Les Currie Productions.

B     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.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Berlioz, Citer, McDonald, Szatow, Fornari-Orsmond and Armstrong

Against the Resolution:         Councillors Pettett and Malicki

The above Resolution was subject to an Amendment which was LOST.  The Lost Amendment was:

(Moved:  Councillors Malicki/Pettett

A.    That Council receive and note the specialist Management Report on the Marian Street Theatre undertaken by Les Currie Productions.

B.    That Council engage an independent consultant to determine community priorities for a theatre in Ku-ring-gai, and the results of the community consultation reported to Council.

PERSONAL EXPLANATION

A personal explanation was provided by Councillor Szatow advising the meeting that it wasn’t Council that I was talking about that has always supported Marian Street Theatre for Young People.  My question to the Director Community was in documents put up by Council Staff.  I believe I have read that the Staff have always said that they would support Marian Street Theatre.  It hasn’t been a Council resolution.  It was simply in reports by Council.  Director Bevan is going to have a look at that.

350

Friar's Field, Pymble - Results of Community Consultation into Potential Dog Off-leash Area

File: S05304

Vide: GB.12

The following members of the public addressed Council:

L Peason

H Morgan

S Falster

For Council to consider the results of community consultation into a potential dog off-leash area at Friar’s Field, Pymble.

A Procedural Motion was moved by

Councillors Fornari-Orsmond and Councillor McDonald

requesting the Mayor to seek a vote on the matter

as there had been 2 speakers For and 2 Against

and was CARRIED UNANIMOUSLY

Resolved:

(Moved: Councillors Berlioz/Fornari-Orsmond)

That Friar’s Field be designated as a dog off-leash dog area between 5.00pm and 10.30am with the exception of times when it is being used by organised sport.

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Berlioz, Citer, McDonald, Szatow, Fornari-Orsmond, Armstrong

Against the Resolution:         Councillors Pettett and Malicki

351

Lindfield Village Green - Selection of Preferred Tenderers T17/2014

File: S10291

Vide: GB.10

To consider the tenders received for the Lindfield Village Green Request for Tender (RFT) no.T17/2014 for provision of design consultancy services, and appoint a short-list of three (3) preferred tenderers to develop concept designs for public exhibition.

Resolved:

(Moved: Councillors McDonald/Armstrong)

A.   That Council accept the submissions from Tenderer ‘A’, ‘E’ and ‘I’ to develop concept designs for the Lindfield Village Green for public exhibition.

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

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

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

CARRIED UNANIMOUSLY by those present

352

Turramurra - Ray Street Precinct - Draft Master Plan for Public Exhibition

File: S09969

Vide: GB.11

To present to Council an assessment of design options and a preferred option for the Turramurra Community Hub for public exhibition.

Resolved:

(Moved: Councillors Malicki/Szatow)

That the matter be deferred until Council is briefed on the Turramurra Community Facilities Study by Elton Consulting as soon as practical.

CARRIED UNANIMOUSLY

353

Ku-ring-gai Fitness Aquatic Centre Opening

File: S04066/10

Vide: QN.1

Question Without Notice from Councillor David Armstrong

With the Pool officially opening on 8 November 2014, what program is going to be happening on that day?

Answer by Director Community

We are still in the process of planning with the YMCA but I can tell you that we do have a quite a well-known Olympian swimmer coming along.  It is going to be a family fun day and there will be an official opening as well, but I could send you more information once we have it all finalised.

354

Bushfire Mapping - 10/50 Vegetation Code

File: S10321

Vide: QN.2

Question Without Notice from Councillor Elaine Malicki

Have we received the template and process for changing the bushfire mapping areas in order to reduce the 10/50 area available for additional lopping because Mr O’Farrell is writing to residents stating that Council has the authority to revise bushfire map areas and to ensure the State regulations apply only to areas genuinely ‘bushfire’ affected?

Answer by the General Manager

I’ll take that on notice but not to my knowledge.  I certainly had no feedback to that affect.

355

Setting of Meeting between Rural Fire Service Commissioner and Ku-ring-gai Council

File: S10321

Vide: QN.3

Question Without Notice from Councillor Elaine Malicki

Has a meeting been arranged with the Rural Fire Service (RFS) Commissioner and Council’s Staff yet?

Answer by Director Operations

I have discussed the matter with Mr Drago and I believe the letter has gone but I will get confirmation of that.

Ordinary Meeting of Council - 11 November 2014

GB.1 / 105

Item GB.1

S09638

3 November 2014

purpose of report:

To update Council on the release of the State Government Fit for the Future program.

background:

On 10 September 2014 the State Government released the Fit for the Future program.  On 31 October 2014 more detailed guidelines were released in relation to Fit for the Future, specifically on “Council Merger Proposals” and “Council Improvement Proposals”.

comments:

The Fit for the Future program requires submissions by 30 June 2015 on how councils plan to become “Fit for the Future”.  In order to be considered Fit for the Future, councils must be sustainable, efficient, have effective services and infrastructure, and have scale and capacity to effectively engage across community, industry and government.

Rather than amalgamate, Council has the option of preparing a “Council Improvement Proposal (Existing Structure)” in order to demonstrate that it is Fit for the Future. 

recommendation:

That Council, consistent with previous resolutions, commence preparation of a “Council Improvement Proposal (Existing Structure)” for submission to the NSW Government by 30 June 2014.