Lane Cove Council




Ordinary Council




5 March 2007
Council Chambers

All minutes are subject to confirmation at a subsequent meeting and may be amended by resolution at that meeting.


Lane Cove Council business papers and minutes are available on Council’s website




Councillor I Longbottom (Chair), Councillor A. Smith, Councillor K Freedman, Councillor F Teirney, Councillor W Gaffney and Councillor R Tudge.




The General Manager, Executive Manager – Corporate Services, Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager – Human Services and Manager Development Assessment and Chief Executive Secretary.








Apologies be received on behalf of Councillor T Lawson.


RESOLVED on the motion of Councillors Gaffney and Teirney that the apology be accepted and leave of absence be granted.


The Mayor declared the motion carried unanimously.





The meeting was opened with a prayer by  Mr Peter Brown, General Manager.





RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 19 February 2007 be received.


The Mayor declared the motion carried unanimously.



RESOLVED on the motion of Councillors Tudge and Smith  that the minutes of the Ordinary Council meeting held on the 19 February 2007 be confirmed.


The Mayor declared the motion carried unanimously.



Reports Of Committees


Report Of Committees No. 4

SUBJECT: Minutes of Inspection Committee 3 March 2007


A Motion was moved by Councillors Smith and Gaffney that the Minutes of the Inspection Committee held 3 March 2007 be received and noted and:-


1.         (20) That the development be strictly in accordance with drawing numbers 2891 DA041B, DA100, DA111B, DA112B, DA300B, DA050B, DA051B, DA052B dated 29/11/06 and DA110, DA200B, DA201B dated 4/12/06 and include alterations / amendments in this consent required by Figgis and Jefferson, A1 dated 22/9/06 by Warren F Cole – Registered Surveyor and AZM4858 dated 10/11/98 by M S Green and Associates Pty. Ltd, Registered Surveyors.


2.         To provide privacy for No.36 Lucretia Avenue the proposed two bedroom windows in the western elevation at first floor level being either highlights with a sill height of at least 1.7m above first floor level or alternatively being of fixed obscure glass to a height of 1.7m above first floor level.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.


3.         (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.


4.         (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.


5.         (137)  Lane Cove Council charges a fee of $30 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.


6.         (300)  A Tree Preservation Order applies in the Lane Cove local government area. The Order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this Order is up to one million, one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.


7.         (301)  Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune those trees identified on the approved plans to be removed or pruned for construction.


8.         (302)  The protection on site, without damage, of all existing trees, excepting those shown in the approved plan to be removed or pruned.  Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.


9.         (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.


10.       (305)  All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.


11.       (306) All materials brought onto the site must be weed free.


12.       (307a)  Any weeds listed under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to council’s website for further information.


13.       (308)  Rubbish must be stored in a locked container / cage.  Any  building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.


14.       (317) A 1.8 m high chain mesh fence shall be erected around the two (2) street tree encompassing the entire grass nature strip.  The area and shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.


            A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.


            Such fencing and signage shall be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work. 


General Engineering Conditions


15.       224   Drainage Plans. The plans and supporting calculations of the proposed drainage        system, are to be submitted with the Construction Certificate application.


·    On the stormwater system, an Environmental Pollution Control Pit is to be provided, just prior to system discharging to the receiving system.


            Where a Private Certifier issues the Construction Certificate a copy must be provided to Council, once the Construction Certificate is issued.


16.       200   Design and Construction Standards.  All engineering plans and work shall be carried out in accordance with the requirements as outlined within Council’s publication Requirements for Engineering Works and relevant Development Control Plans except as amended by other conditions.


Engineering Conditions to be complied with Prior To Construction Certificate


17.       207    Footpath Damage Bond. The applicant shall lodge with Council a $600 cash bond or bank guarantee to cover damage to Council's roads, footpaths, kerb and gutter, drainage or other assets. Lodgement of this bond is required prior to the issue of the construction certificate.


18.       228 Control of Stormwater Runoff. The stormwater runoff from the proposed development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s standards and specifications for stormwater        drainage.


            Details of the location of the new stormwater line/s and the point of connection to the existing system, are to be provided on the documentation, which is to be submitted and approved at the Construction Certificate stage.


            Any elements of the existing stormwater system, (which are to be utilised), are to be checked and documented by a suitably qualified, practicing, hydraulic engineer, and if found to be satisfactory, they can be certified, as being in good working order.


            Where an existing element does not comply with current standards, or not in “good working order” then the subject element is to be replaced.


19.       246 Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and        Construction“ prepared by LANDCOM  ‘Fourth Edition 2004, Volume 1’.These devices     shall be maintained during the construction works and replaced where considered          necessary.


          The following details are to be included in drawings accompanying the Erosion and 

          Sediment Control Plan:


·        Location and design criteria of erosion and sediment control structures,

·        Site access point/s and means of limiting material leaving the site

·        Means of diversion of uncontaminated upper catchment around disturbed areas

·        Procedures for maintenance of erosion and sediment controls

·        Details and procedures for dust control.


Engineering Conditions to be complied with Prior to Commencement of Construction


20.       201 Restoration.  Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees.  Repairs of damage to any public  stormwater drainage facility will be carried out by Council following receipt of payment.


21.       222 Pedestrian Access Maintained. Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS 1742.3, ’Part 3 - Traffic control devices for works on roads’.


22.       249 Sediment and Erosion Control. The applicant shall install appropriate sediment control devices prior to any disturbance of the existing site. The devices are to be        installed in accordance with an approved plan. These devices shall be maintained during the construction period and replaced where considered necessary.  Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.


Engineering Conditions to be complied with Prior to Occupation Certificate


23.       254a   Certificate of Satisfactory Completion.  Certificates from a registered and licenced Plumber, or a suitably qualified Engineer must be obtained for the following matters.  The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority, prior to (a) issue of any Occupation Certificate, or (b) Occupancy or use of the development.


            a)          Confirming that the site drainage system has been constructed in a satisfactory manner. Reference is to be made to the following:                             

                   (a) An Environmental Pollution Control Pit on the lowest point of the system. 


            b)         Confirming that all relevant sections of the existing drainage system are in good working order and complies with Council’s requirements and relevant codes and standards, and


            c)         Confirming that all new elements the site drainage servicing the development comply with the approved construction plan requirements and Lane Cove Council’s ‘standards and specification for stormwater drainage’.


            d)         Confirming all works have been completed in accordance with the issued Construction Certificate and other relevant approvals and in accordance with the Conditions of this determination.


            The Certificates are to state that the construction of the above items complies with the approved construction plan requirements and any relevant elements from Lane Cove Council’s ‘standards and specifications for stormwater drainage’.


            (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council with the subject documentation.)


24.       The applicant is to submit to and have approved by Council a schedule of the colour scheme and the proposed  matching finished materials PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.


25.       The applicant is to undertake a photographic record of the existing dwelling where the works are proposed and submit 2 copies to Council for placement in the Local Studies Collection at Lane Cove Library.   Upon completion of the works a description of what building alterations and additions were undertaken including finished photographs PRIOR TO OCCUPATION.


26.     To provide privacy to 36 Lucretia Avenue, the proposed kitchen window to the    western elevation shall be of fixed obscure glass.  Plans being altered to comply        PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.


         The Mayor declared the motion carried unanimously.






Suspension of Standing Orders


RESOLVED on the motion of Councillors Tudge and Smith that Standing Orders be suspended to permit the architect to address Council regarding a proposal to relocate the air conditioning unit.


The Mayor declared the motion carried unanimously.



Resumption of Standing Orders


RESOLVED on the motion of Councillors Smith and Teirney that Standing Orders be resumed.


The Motion was put to the vote and was declared carried.


The Mayor declared the motion carried unanimously.



Referred Reports


Environmental Services Division Report No. 17

SUBJECT: 38 Lucretia Avenue, Longueville


This report was considered in conjunction with Report of Committees No. 4.


Orders Of The Day


Order Of The Day No. 2

SUBJECT: Citizenship Ceremony 14 March 2007


RESOLVED on the motion of Councillors Teirney and Smith that Councillor  Joe Hassarati attend the Citizenship Ceremony on 14 March 2007 and speak to the new citizens about local government.



The Mayor declared the motion carried unanimously.


Order Of The Day No. 3

SUBJECT: Meeting in the Plaza - Saturday 31 March 2007


RESOLVED on the motion of Councillors Longbottom and Teirney that Councillor Tudge  attend the Meeting in the Plaza on Saturday 31 March 2007 and any other available Councillor will also attend.



The Mayor declared the  carried unanimously.



General Managers Reports


General Managers Report No. 3

SUBJECT: Gore Hill Memorial Cemetery Trust


RESOLVED on the motion of Councillors Longbottom and Smith that Councillor Gaffney be Council’s representative on the Gore Hill Memorial Cemetery Trust  for the coming term.



The Mayor declared the  carried unanimously.


General Managers Report No. 6

SUBJECT: Kindimindi Investments Pty Ltd Vs Lane Cove Council and Fabcot Pty Ltd - Court of Appeal outcome


RESOLVED on the motion of Councillors Smith and Gaffney that Council receive and note the report.



The Mayor declared the  carried unanimously.


Environmental Services Division Reports


Environmental Services Division Report No. 3

SUBJECT: Delegated Authority Report - January 2007


RESOLVED on the motion of Councillors Smith and Teirney that the report ‘Delegated Authority Report – January 2007’ be received and noted.



The Mayor declared the  carried unanimously.







The meeting closed at 7:32pm.


Confirmed at the Ordinary Council Meeting of 19th March 2007, at which meeting the signature herein is subscribed.






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