Lane Cove Council

 

 

 

Ordinary Council

 

MINUTES

 

DATE OF MEETING:
4 June 2007
LOCATION:
Council Chambers
TIME:
7:00PM

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 www.lanecove.nsw.gov.au

 


PRESENT:

 

Councillor R. D’Amico, (Chair), Councillor K. Freedman, Councillor W. Gaffney, Councillor J. Hassarati, Councillor T. Lawson, Councillor A. Smith, and Councillor F. Teirney.

 

ALSO PRESENT:

 

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

 

DECLARATIONS OF INTEREST:

 

Nil.

 

APOLOGIES                                                    

It was noted that apologies had been received and accepted at the previous Council meeting on behalf of Councillor I. Longbottom and Councillor R. Tudge.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Fr Martin Maunsell from St Michaels Church.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 MAY 2007

111

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 21 May 2007 be received.

 

The Deputy Mayor declared the motion carried unanimously.

 

112

RESOLVED on the  of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 21 May 2007 be confirmed.

 

The Deputy Mayor declared the motion carried unanimously.

 

NOTE:            This item was recommitted later in the meeting.

 

Procedural Motion

113

RESOLVED on the motion of Councillors Freedman and Teirney that Corporate Services Report No 26 - Results Of Consultation on 2007 Management Plan and Budget including the Proposed Sustainability Levy be brought forward and dealt with at this time.

 

The Deputy Mayor declared the motion carried unanimously.

 

 

Suspension of Standing Orders

114

RESOLVED on the motion of Councillors Freedman and Smith that Standing Orders be suspended to permit Simon Pomfret from IRIS Research to address Council and receive and answer any questions from the gallery.

 

The Deputy Mayor declared the motion carried unanimously.

 

Mr Simon Pomfret from IRIS Research presented the results of the deliberative poll to Council.

 

Resumption of Standing Orders

115

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

 

The Deputy Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 26

SUBJECT: Results of Consultation on 2007 Management Plan and Budget including the proposed Sustainability Levy

116

RESOLVED on the motion of Councillors Freedman and Teirney that:-

 

1.   The Management Plan (including the Fees and Charges) without and with a 6% Sustainability Levy, as amended by the report, for the period July 2007 to June 2010 be adopted, the latter to apply if the Minister for Local Government grants Council’s application for a 6% Sustainability Levy;

 

2.   The 2007/2008 Budget, without and with a 6% Sustainability Levy, as amended by the report, for the period July 2007 to June 2010 be adopted, the latter to apply if the Minister for Local Government grants Council’s application for a 6% Sustainability Levy;

 

3.   Subject to the Minister for Local Government granting Council’s application for a 6% Sustainability Levy, Council :-

 

a.   conduct a deliberative poll of the community every five years and conduct such other community consultation as may be considered reasonable so as  to provide a formal opportunity for the community to review the projects that Council has funded, and Council’s commitments in relation to spending all of the money on new Sustainability initiatives;

b.   discontinue the administration and collection of the Voluntary Bush Care Donation, and provide equivalent funding from the Sustainability Levy in lieu to be increased at the same rate as the annual Rate increase; and

c.   The responses from the surveys and suggestion raised in the submissions be utilised to assist in the prioritisation of the issues facing Lane Cove in achieving a sustainable future, and be utilised in future prioritisation of projects to be funded through the levy.

d.   Report at least annually and separately to the community on projects undertaken using funds from the Sustainability Levy.

4.   A further report be submitted in relation to the proposed funding of a solar blanket for the 50m outdoor pool, “to extend the swimming season in the outdoor pool, ideally for year round swimming”; and

 

5.   Council fix the Ordinary Rates and Charges for 2007/2008 as follows (the amounts in brackets are to apply if the Minister for Local Government approves the 6% Sustainability Levy):-

 

            (a) Ordinary Rates

i.   an Ordinary Residential Rate, of 0.170595 cents (.180467 cents) in the dollar be made for the year 2007/2008 on the Land Value of all rateable land in the Local Government Area categorised as Residential in accordance with S.516 of the Local Government Act 1993, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $392.00 ($415).

 

ii.  an Ordinary Business Rate of  0.717348 cents (.758956 cents) in the dollar be made for 2007/2008, on the Land Value of all rateable land in the Local Government Area categorised as Business, in accordance with S.518 and S.529 of the Local Government Act 1993, with a Minimum Rate of $584.00 ($618).

 

iii.  Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to that part of the Local Government Area as defined by the metes and bounds description as advertised in the North Shore Times on 13 June, 1979, that a Parking Special Rate, of 0.201184 cents (0.201184 cents) in the dollar be made for 2007/2008 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00.

 

(b) Domestic Waste Management Charges

 

i.   in accordance with S.496 of the Local Government Act 1993, that an annual charge of $325.00 per annum be made for the year 2007/2008, for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

 

ii.  in accordance with S.496 of the Local Government Act 1993, that an annual charge of $104.00 per annum be made for the year 2007/2008, for Domestic Waste Management Services for all properties categorised residential vacant land;

 

iii.  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $4.75 per service  ($247.00 per annum) be  made for the year 2007/2008, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

 

iv. in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.25 per service ($325.00 per annum) be made for the year 2007/2008, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to other single occupancy residential properties;

 

v.  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.25 per service ($325.00 per annum) be made for the year 2007/2008, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties;

 

vi. in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.25 per service ($325.00 per annum) be made for the year 2007/2008, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

 

 vii. in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.00 per fortnightly service ($104.00 per annum) be made for the year 2007/2008 for each extra recycling service to single residential dwellings.

 

            (c) Interest on Overdue Rates and Charges

 

i.   In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2007 to 30 June 2008 to all outstanding rates and charges be calculated at the maximum interest rate of  10.0% as specified by the Minister for Local Government.

 

(d) Stormwater Management Service Charge

 

i.   In accordance with the Local Government (General) Amendment (Stormwater) Regulation 2006 under the L.G Act 1993 annual charges for the year 2007/2008 for Stormwater Management Services be made and levied as follows:

 

- All parcels of vacant land                            - Nil $ charge

- All Residential Strata Units                         - $12.50 per unit

- All Residential Non Strata Properties         - $25.00 per property

- All Business Strata Units and Properties    - $25.00 per unit or property

 

 

The Deputy Mayor declared the motion carried unanimously.

 

Procedural Motion

117

RESOLVED on the motion of Councillors D'Amico and Smith that the that the minutes of the Ordinary Council meeting held on the 21 May 2007 be recommitted.

 

The Deputy Mayor declared the motion carried unanimously.

 

118

RESOLVED on the motion of Councillors Teirney and D'Amico that the minutes of the Ordinary Council meeting held on 21 May 2007 be confirmed with a correction to Orders of the Day Subject: Aircraft Noise to read:

 

“That Council  request NSROC to write to the Leader of the Federal Opposition asking him to provide his policies on aircraft noise, aircraft movements over Northern Sydney and of development at Kingsford Smith Airport”.

 

The Deputy Mayor declared the motion carried unanimously.

 

Reports Of Committees

 

Report Of Committees No. 3

SUBJECT: Minutes of Inspection Committee 2 June 2007

119

RESOLVED on the motion of Councillors Smith and Teirney that the minutes of the Inspection Committee held on 2 June 2007 be received and noted.

 

 

The Deputy Mayor declared the motion carried unanimously.

 

Referred Reports

 

Environmental Services Division Report No. 159

SUBJECT: 6 Arding Street, Lane Cove

120

RESOLVED on the motion of Councillors Smith and Freedman that Council as the consent authority pursuant to section 80 (1) (a) of the Environmental Planning & Assessment Act 1979 grant consent to Development Application No. 320/2006 for the alterations to the ground floor and first floor additions to the existing dwelling house at No.6 Arding Street, Lane Cove, subject to the following conditions:

 

General Conditions

 

1.         (20) That the development be strictly in accordance with drawing number J933/2006 issue A dated 29 January 2007 prepared by EBRA Constructions Pty Ltd.

 

             (a)       The two windows in the rear wall facing  9 Canberra Street, Lane Cove of                                Bedroom No. 1 on the first floor of the proposed building shall have obscure                 glazing and in    awning style designs. 

 

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

 

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

 

4.         (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

 

            The consent authority or a private accredited certifier must:-

 

·          Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

5.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

6.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building and the soft landscaping area must be completed prior to the issue of the Occupation Certificate.

 

7.         (25) The retention on site, without damage, of all existing trees, excepting those shown in the approved plan, to be removed.  The consent of Council to be obtained for the removal of any trees.

 

8.         (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                      7.00am to 5.30pm

Saturday                                                    7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

9.         (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

10.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

11.       (39) The building not to be used for separate occupation or commercial purposes.

 

12.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

13.       (49) Under the Home Building Regulation 1997, a signboard must be erected on the site in a prominent position indicating in clear and legible characters the following information:-

 

·    The name of the Licensee shown on the licence;

·    The words "Licensed Contractor” or words to that effect;

·    The number of the Licence held by the Licensee;

·    Such signboard not to exceed 900 mm x 600 mm.

 

14.       (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

15.       (51) A Tree Preservation Order applies in the Municipality of Lane Cove.  The Order prohibits the cutting or removal of any tree except with the consent of Council and the penalty for contravention of this Order is up to Twenty Thousand Dollars ($20,000.00).  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.

 

16.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d)         Framework including roof and floor members when completed and prior to covering.

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

17.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

 

a           The establishment of the first floor level;

b          The roof framing; and

c           The completion of works.

 

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

18.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Construction Safety Act and the Regulations details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

19.       (72) The proposed works must be confined within the boundaries of the site.

 

20.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

 

21.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

22.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

23.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

 

24.       (130)  Compliance with the Waste Management Plan approved under application D*.

 

25.       (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.

 

26.       Standard Condition (57) Structural Engineer's details being submitted to Council and approved PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

27.       Long service levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy). - All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35% X $270,000.00 = $ 945.00.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

 

General Engineering Conditions

28.       (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

 

29.       (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.

 

30.       (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.

 

31.       (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

32.       (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.

 

33.       (202a)  Materials on Roads and Footpaths. Where the applicant / development requires the use of the public footway for placement of building waste containers, skips and or storage of material on the roadway or footpath a formal application is to be made. A separate application shall be made to Council’s Urban Services Division for approval, including payment of relevant fees, for the placement of building waste containers, skips and or storage of material on the roadway or footpath. The        roadway or footpath is not to be occupied or used for storage until such application is approved. 

 

34.       (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’.

 

35.       (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

36.       (254a)  Certificate of Satisfactory Completion.  Certificates from a registered and licensed 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.

 

 

1)         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

 

2)         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’.

 

3)         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.

 

 

The Deputy Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 164

SUBJECT: 8 Kimberley Avenue, Lane Cove

121

RESOLVED on the motion of Councillors D'Amico and Gaffney that Council as the consent authority pursuant to section 80 (1) (a) of the Environmental Planning & Assessment Act 1979 refuse  consent to Development Application No. 335/2006 for the construction of a rain water tank/landscaping water pond at the front of the property at No. 8 Kimberley Street, Lane Cove for the following reasons:-

 

1.                  The proposal fails to adequately provide or address child safety issues to the dwelling, adjoining site or to Kimberley Avenue posed by the pond.

 

2.                  It is Council’s view that a pond between the front of the dwelling and the boundary, while not prohibited, is excessive and has the potential to adversely impact on neighbours having regard to a possibility of mosquito infestation and noise aspects and would lessen opportunities to screen and/or soften the building bulk to the street.  The original application proposed a grassed area between the dwelling and the planter box fronting Kimberley Avenue and adjoining 6 Kimberley Avenue, which should remain as originally proposed.

 

3.                  The proposal fails to meet Council’s 35% soft landscaping provisions.

 

4.                  The proposal is not considered to be in the public interest and would detract from the overall streetscape.

 

 

The Deputy Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 11

SUBJECT: Meeting in the Plaza - Saturday 30 June 2007

122

RESOLVED on the motion of Councillors Teirney and Smith that Councillors Lawson and D’Amico and any other Councillors who are available attend the “Meeting in the Plaza” on Saturday 30th June 2007.

 

 

The Deputy Mayor declared the motion carried unanimously.

 

Order Of The Day

 

123

RESOLVED on the motion of Councillors Freedman and Teirney that Council request NSROC to write to the Federal Government seeking confirmation of the government’s policies on aircraft noise, aircraft movements over Northern Sydney and of development at Kingsford Smith Airport.

 

The Deputy Mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 27

SUBJECT: National Financial Sustainability Study of Local Government

124

RESOLVED on the motion of Councillors Smith and Gaffney that Council receive and note the report on “National Financial Sustainability of Local Government.

 

 

The Deputy Mayor declared the motion carried unanimously.

 

Matter Arising

125

RESOLVED on the motion of Councillors Freedman and Teirney that Council:-

 

1.                  prepare a submission to the Productivity Commission of Inquiry into Councils Revenue Raising Capacity

 

2.                  request NSROC to prepare a submission to the Productivity Commission of Inquiry into the revenue raising capacity of Councils.

 

The Deputy Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 21

SUBJECT: Provision of Fuel Tanks for Biodiesel and Ethanol Fuel Blends for Lane Cove Council

126

RESOLVED on the motion of Councillors Smith and Teirney that Council receive and note the report on the Provision of Fuel Tanks for Biodiesel and Ethanol Fuel Blends for Council’s vehicle fleet.

 

 

The Deputy Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Report No. 22

SUBJECT: Transfer of Commuter Ferry Wharves to NSW Maritime

127

RESOLVED on the motion of Councillors Smith and Lawson that Council:-

 

1.         Support the transfer of ownership to NSW Maritime of the following wharves:-

 

a.   Bay Street, Greenwich

b.   Greenwich Ferry Wharf

c.   Northwood Ferry Wharf, and

d.   Longueville Ferry Wharf

 

2.         Concur with the NSW Maritime request to continue to provide services such as garbage collection, cleaning, graffiti removal and the provision of lighting (excluding the provision of the lighting infrastructure).

 

 

The Deputy Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Report No. 23

SUBJECT: Termination of RTA Lease for Carpark, Corner of Longueville Road and Epping Road

128

RESOLVED on the motion of Councillors Hassarati and Smith that Council receive and note the report for the RTA Termination of Lease for the Carpark on the corner of Longueville Road and Epping Road, Lane Cove.

 

 

The Deputy Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 13

SUBJECT: Delegated Authority Report - April 2007

129

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

 

 

The Deputy Mayor declared the  carried unanimously.

 

Environmental Services Division Report No. 187

SUBJECT: 8 Cobden Avenue, Lane Cove

130

RESOLVED on the  of Councillors Hassarati and Lawson that Council grant consent to Development Application D367/06 for Alterations and additions to the rear of an existing single storey dwelling at 8 Cobden Avenue, Lane Cove subject to the following conditions:-

                

1.         (20) That the development be strictly in accordance with drawing number WD01A dated 9/05/07 by Archiworks Architects P/L.

 

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

 

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

 

4.         (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.

 

5.         A 1.6m high privacy screen shall be provided along the east side of the rear balcony. The screen shall be solid timber and completely obscure with no holes or gaps. The privacy screen shall not be removed at any time.

 

6.         (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

 

            The consent authority or a private accredited certifier must:-

 

·          Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

7.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. 

 

            It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

8.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

9.         (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                      7.00am to 5.30pm

Saturday                                                    7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

10.       (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

11.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

 

12.       (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a minimum height of 1 metre.  Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

 

13.       (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

 

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

 

14.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

15.       (49) Under the Home Building Regulation 1997, a signboard must be erected on the site in a prominent position indicating in clear and legible characters the following information:-

 

·    The name of the Licensee shown on the licence;

·    The words "Licensed Contractor” or words to that effect;

·    The number of the Licence held by the Licensee;

·    Such signboard not to exceed 900 mm x 600 mm.

 

16.       (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

17.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d)         Framework including roof and floor members when completed and prior to covering.

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

18.       Standard Condition (57) Structural Engineer's details being submitted to Council and approved PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

19.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

20.       (62) All glazing is to comply with the requirements of AS 1288.

 

21.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

 

a           Dampcourse level;

b          The establishment of the mezzanine level;

c           The roof framing; and

d          The completion of works.

 

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

22.       (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 

 

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

23.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Construction Safety Act and the Regulations details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

24.       (67) 

(a)        The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

(b)        Notwithstanding the prohibition under condition (a), consideration will be given to the use of rock pick machines and may be approved by Council subject to:-

 

(1)        A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

 

(2)        The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

(3)        With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

 

(4)        The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

            COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

25.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

            (ii)        in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

Location – Class 1b buildings

 

In a Class 1b building, smoke alarms must be installed on or near the ceiling—

 

(a)        in every bedrooms; and

(b)        in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building; and

(c)        on each other storey.

 

26.       (70) Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

 

27.       (72) The demolition works being confined within the boundaries of the site.

 

28.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

29.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

30.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

31.       All waste generated on the site shall be disposed off in accordance with the submitted Waste Management Plan.

 

32.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

General Engineering Conditions

33.       Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan WD01 prepared by Archiworks architects p/l, November 2006. 

 

34.       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.

 

35.       (special) Architectural / Building elements to be noted. The deck is to be of timber construction & be configured so that rainwater can drain through it and fall onto bare earth / grass below. This is so that the “built-upon” area is minimised, and consequently the rate of runoff is reduced.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

36.       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.

           

37.       Control of Stormwater Runoff. The down-pipes from the proposed additions shall be  connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s standards and specifications for stormwater  drainage. 

 

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.

 

If the inspection determines the existing elements are not in “good working order” then the subject element is to be replaced.

 

Engineering Conditions to be complied with Prior to Commencement of Construction

38.       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.

 

39.       Materials on Roads and Footpaths. Where the applicant / development requires             the use of the public footway for placement of building waste containers, skips and  or storage of material on the roadway or footpath a formal application is to be made. A separate application shall be made to Council’s Urban Services Division for approval, including payment of relevant fees, for the placement of building waste containers, skips and or storage of material on the roadway or footpath. The roadway or footpath is not to be occupied or used for storage until such application is approved. 

 

40.       Public Utility Relocation. If any public services are to be adjusted , as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. Any such work being carried out at the applicant’s cost and prior to the commencement of works.

 

41.       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

42.       Certificate of Satisfactory Completion.  Certificates from a registered and licensed 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.

 

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.

 

1)         Confirming that the site drainage servicing the development complies with the approved construction plan requirements and Lane Cove Council’s ‘standards and specification for stormwater drainage’.

 

2)         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.

 

3)         Confirming that all relevant sections of the existing drainage system, (which are to be utilised in the new development), are

            (a) in good working order, and

            (b) comply with Council’s requirement, relevant codes and standards, and (c) comply with current “engineering development work practice”.

 

STANDARD CONDITIONS

 

43.       (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.

 

44.       (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.

 

45.       (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.

 

46.       (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.

 

Tree Protection Measures – ABOVE GROUND

 

47.       (347) All tree protective measures must be in place PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE, to the satisfaction of Council’s Tree Preservation Officer and/or Landscape Architect, and must be maintained for the duration of works on the site. No further site works may take place until this certification has been obtained and a copy forwarded to the accredited certifier and Council.

 

48.       (349b) A 1.8 m high chain mesh fence must be erected at least 2m from the trunk of the Kaffir Plum Harpephylum caffrum to be protected.  The fenced area 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 must 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. 

 

Stockpiling / Soil Disturbance

 

49.       (366)  There must be no soil disturbance within the tree protection area, including any activities associated with the construction other than topdressing on completion of the landscaping works to a maximum of 50mm, within the approved tree protection zones of the trees shown on the approved plan to be retained.  All activity within the Tree Protection Area must be undertaken with hand tools.

 

50.       (368)  There must not be any stockpiling of building materials or other materials or dumping of refuse within the approved tree protection zones of the trees shown on the approved plans to be retained.

 

51.       (369)  There must not be any stockpiling of building materials or other materials or dumping of refuse to occur within 3m of the drip line of the trees shown on the approved plans to be retained which do not have tree protection fencing.

 

52.       (371)  There is to be no excavation within 2.5m from the trunk of the Kaffir Plum Harpephylum caffrum to be protected and any other tree greater than 4 m tall, including trees on neighbouring properties.

 

53.       (317) A 1.8 m high chain mesh fence shall be erected around the street tree encompassing the entire grass nature strip from the trunk of the Brushbox Lophostemon confertus. The fenced area 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.

 

54.       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 must 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. 

 

Bond on Street & Council Trees

 

55.       (327)  A bond of $2500.00 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect the trees identified as Brushbox Lophostemon confertus to be retained.  This bond shall be forfeited in the event of damages to any of these trees as a result of the development works within a period of 18 months after completion. In the event of damages to the tree, as determined by Council’s Tree Preservation Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

 

            Breach of any condition - 25% of bond for each offence.

            Trunk or root damage of any protected tree - 50% of bond for each offence.

            Death or severe decline of any protected tree - 100% of bond and possible legal action by Council.

 

56.       Long Service levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy). - All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE BASIX

 

57.       Compliance with all the condition of the BASIX Certificate lodged with Council as part of this application. 

 

 

The Deputy Mayor declared the motion carried unanimously.

 

Human Services Division Reports

 

Human Services Division Report No. 9

SUBJECT: Northern Sydney Aboriginal Social Plan (NSASP)

131

RESOLVED on the motion of Councillors Teirney and Hassarati Council receive and note the Report on the Progress of the Social Plan and transfer of auspice.

 

 

The Deputy Mayor declared the motion carried unanimously.

  

QUESTION WITHOUT NOTICE

 

Councillor Freedman asked the following Question Without Notice:

 

Could the General Manager investigate and report on the clearing of the bush that occurred to the rear of No. 60 Arabella Street Longueville and advise on strategies that may be required to prevent this situation reoccurring including whether an education program is required?

 

Procedural Motion

132

RESOLVED on the motion of Councillors Gaffney and Hassarati that the items from the Services and Resources Committee Meeting be brought forward and dealt with in the Council meeting.

 

The Deputy Mayor declared the motion carried unanimously.

 

CONFIRMATION OF MINUTES OF Services and Resources Committee Meeting - 21 MAY 2007

133

RESOLVED on the motion of Councillors Freedman and Gaffney that the minutes of the Services and Resources Committee Meeting held on the 21 May 2007 be received.

 

The Deputy Mayor declared the motion carried unanimously.

 

134

RESOLVED on the motion of Councillors Hassarati and Gaffney that the minutes of the Services and Resources Committee Meeting held on the 21 May 2007 be confirmed.

 

The Deputy Mayor declared the motion carried unanimously.

 

General Managers Reports

 

General Managers Report No. 12

SUBJECT: Monthly Review April / May 2007

135

RESOLVED on the motion of Councillors Teirney and Hassarati that the information be received and noted.

 

 

The Deputy Mayor declared the motion carried unanimously.

 

 

 

 

 

CLOSE

 

The meeting closed at 8:23pm.

 

Confirmed at the Ordinary Council Meeting of 18 June 2006, at which meeting the signature herein is subscribed.

 

 

 

 

DEPUTY MAYOR

 

 

********* END OF MINUTES *********

 

MEETING FILE REF:  CNL_04062007_MIN