Lane Cove Council

 

 

 

Ordinary Council

 

MINUTES

 

DATE OF MEETING:
3 September 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 I. Longbottom, (Chair), R. D’Amico, Councillor K. Freedman, Councillor W. Gaffney,  Councillor J. Hassarati, Councillor A. Smith and Councillor R. Tudge.

 

ALSO PRESENT:

 

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

 

DECLARATIONS OF INTEREST:

 

Councillor Freedman declared a non pecuniary interest in Environmental Services Division Report No. 25, 30 George Street, Greenwich having regard to section 6 of the Code of Conduct on the basis that she is a friend of the applicant’s immediate neighbour who lives at no.11 Mitchell Street Greenwich.   Clr Freedman indicated she would not speak or vote on the matter.

 

APOLOGIES                                                    

Apologies were received on behalf of Councillor T. Lawson.

218

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

 

The Mayor declared the motion carried unanimously.

 

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev. Geoff Leader from St Aidens Church.

 

 

SUSPENSION OF STANDING ORDERS

219

RESOLVED on the motion of Councillors Gaffney and D'Amico that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

The Mayor declared the motion carried unanimously.

 

The following persons addressed Council:-

 

Mr Boyer concerning Development Application for 10 Poole Street, Longueville.

Mr John Keefe 36 Kenneth Street regarding Development Application for 16 Talliban Road,

Ms Susan McDonald local resident and Heritage Advisor concerning heritage issues of 10 Poole Street Longueville

Mr Cole concerning technical compliance for Development Application for 10 Poole Street, Longueville.

James Grose architect for Development Application for 10 Poole Street, Longueville.

Owner 10-12 Poole Street, Longueville.

Mr Harry Bartter requesting a dirt bike track for Lane Cove.

Mr Dennis Smith President Lane Cove Historical Society regarding Derwent House site at 10 Pool Street, Longueville.

Ms Alex Burke regarding Development Application for 10 Poole Street, Longueville.

Richard Mole Longueville, regarding Development Application for 10 Poole Street, Longueville and views from the river.

 

Resumption of Standing Orders

220

RESOLVED on the motion of Councillors Teirney and D’Amico that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

221

RESOLVED on the motion of Councillors Longbottom and Smith that  Orders of the Day No.17, Environmental Services Division Report No. 27 – 10,12,12A Poole Street Longueville, Environmental Services Division Report No. 24 – 16 Taleeban Road Riverview and Environmental Services Division Report No. 25 – 30 George Street Greenwich be brought forward and dealt with at this time.

 

The Mayor declared the motion carried unanimously.

 

Order Of The Day No. 17

SUBJECT: Meeting in the Plaza - Saturday 29 September 2007

222

RESOLVED on the motion of Councillors Longbottom and Smith that there be no meeting in the Plaza for the month of September 2007.

 

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

223

RESOLVED on the motion of Councillors D'Amico and Tudge that the Petition requesting a Dirt Track in Lane Cove be received and tabled.

 

The Mayor declared the motion carried unanimously.

 

Motion

224

RESOLVED on the motion of Councillors Smith and Teirney that:

 

  1. The General Manager investigate the feasibility of constructing a dirt track in Lane Cove.

 

  1. The Head Petitioner be notified of Council’s decision.

 

The Mayor declared the motion carried unanimously.

 

Matter of Urgency

225

RESOLVED on the motion of Councillors Smith and Tudge that a Motion on the inappropriate chopping of trees by Sydney Electricity be considered as a Matter of Urgency.

 

The Mayor declared the motion carried unanimously.

 

Motion

226

RESOLVED on the motion of Councillors D'Amico and Tudge that Council move a Late Item to the 2007 NSW Local Government Association Conference regarding the inappropriate pruning of trees by Sydney Electricity and requesting that the option of necessary pruning of street trees be contracted to Councils.

 

The Mayor declared the motion carried unanimously.

 

 

Environmental Services Division Report No. 28

SUBJECT: Minutes of Inspection Committee - 1 September 2007

227

RESOLVED on the motion of Councillors Longbottom and Tudge that the report be received, noted and the development proposal be determined.

 

 

The Mayor declared the motion carried unanimously.

 

Referred Reports

 

Environmental Services Division Report No. 27

SUBJECT: 10, 12, 12A Poole Street, Longueville

Inspection Committee at its meeting on 01 September 2007 resolved that the  matter be referred to the Ordinary Council meeting to be held on 03 September 2007

228

RESOLVED on the motion of Councillors Freedman and Smith that Council as the consent authority pursuant to sec 80(1) (b) of the Environmental Planning & Assessment Act 1979 refuse consent to Development Application No. 388/2006 for demolition of three existing dwelling houses, consolidation of No. 10 and 12A with a boundary adjustment for 12 Poole Street, and the construction of two new dwelling houses at 10, 12 and 12A Poole St, Longueville for the following reasons:

 

  1. The proposal contemplated by DA No. 388/206 has an unacceptable impact on the heritage item B153 located at 10 Poole Street, Longueville ( “the “Heritage Item”) as:

    (a) it fails to preserve the Heritage Item and recognise its significant and unique architectural features;
    (b) it fails to take account of the significant social and cultural contribution and context of the Heritage Item to the community;
    (c) it fails to recognise the heritage significance of the Heritage Item when viewed from the Lane Cove River and its importance in contributing to the character and amenity of this part of the foreshore area of the municipality; and
    (c) it fails to address the significant community concern and desire for the preservation of historic and significant properties such as the Heritage Item which have contributed to the character of the locality.

  2. The proposed demolition of the Heritage Item is unreasonable and is rejected.

 

  1. The proposed development has an adverse environmental impact particularly in terms of demolition of existing buildings, does not comply with the aims and objectives of the Environmental Planning & Assessment Act 1979 and would not promote an ecologically sustainable development for Lane Cove.

  2. The proposed development does not comply with the aims and objectives of the Lane Cove Local Environmental Plan 1987 and in terms of size and scale would not contribute to and enhance the amenity of the surrounding area;

  3. The proposed development involves the removal of a number of substantial trees and the proposed building footprint could adversely impact a number of other trees.

  4. The proposed development does not meet the Council’s codes in terms of cut and fill and FSR.

  5. The proposed development has an unacceptable impact in terms of bulk and scale and loss of amenity for the neighbours at no.3 Stuart St, Longueville, including potential loss of existing views.

  6. The proposed development does not comply with the aims and the provisions of Lane Cove Code for Dwelling Houses, Fences, Private  Swimming Pools and Outbuildings.

  7. The amenity for the future occupants at 12 Poole St is considered unsatisfactory.

  8. The proposed development and the demolition of the Heritage Item are not in the public interest.



 

Upon being put to the Meeting, the  motion was declared carried.

 

For the motion were Councillors Freedman, Gaffney, Hassarati, Smith, Teirney and Tudge (Total 6).

Against the motion were Councillors D'Amico and Longbottom (Total 2).

 

 

Environmental Services Division Report No. 24

SUBJECT: 16 Taleeban Road Riverview

229

RESOLVED on the motion of Councillors D'Amico and Smith that due to the compliance with objectives of the Dwelling House Code of the site the application to demolish the existing dwelling and erect a two storey dwelling house and swimming pool be approved subject to:

 

1.         (20) That the development be strictly in accordance with drawing numbers 35856-1, 2, 3, 4, 5, 6 Issue 2, dated 28.08.07, Stormwater Plan 1, Site Analysis 1, Shadow Diagram 1, Elevational Shadows 1 dated 16.2.07, Soil and Water Management Plan undated by Masterton Homes, SRP0702-1, 2 dated March 2007 by Right Angle Drafting, L35856-01 dated 14.3.07 by Scapewise and 577/102913 dated 15.1.2007 by Donovan Associates. 

 

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.         (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.

 

6.         (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.

 

7.         (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.

 

8.         (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.

 

9.         (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.

 

10.       (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.

 

11.       (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.

 

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

 

13.       (52) The swimming pool being surrounded by a fence:-

 

a) That forms a barrier between the swimming pool; and

 

i)   any residential building or movable dwelling situated on the premises; and

ii)   any place (whether public or private) adjacent to or adjoining the premises; and

 

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard 1926-1976, "Fences and Gates for Private Swimming Pools".

 

SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

 

14.       (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

15.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

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)    Pool reinforcement prior to placement of concrete.

h)    The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

i)     Stormwater drainage lines prior to backfilling

k)    Completion.

 

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

 

c)    footings;

d)    reinforced concrete work;

e)    structural steelwork;

f)     upper level floor framing;

g).   roof trusses.

 

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.

 

19.       (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.

 

20.       (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.

 

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

 

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

 

23.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

24.       (74) All demolition works being completed within a period of three (3) months from the date of commencement.

 

25.       (75) Use of explosives is not permitted.

 

26.       (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.

 

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

 

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

 

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

 

30.       (122) All rooms being provided with light and ventilation in accordance with the requirements of the Building Code of Australia.

 

31.       (130)  Compliance with the Waste Management Plan approved under this application.

 

32.       (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

 

33.       (139) A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

34.       (141) 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.

 

35.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

36.       (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 dollars ($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.

 

37.       (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.

 

38.       (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.

 

39.       (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.

 

40.       The Frangipani tree must be retained for screening between properties.

 

41.       (349b) A 1.8 m high fence of chain mesh must be erected at least to the drip line of the Frangipani tree.  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 the tree protection fencing 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.

 

General Engineering Conditions

 

42.       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.

 

43.       Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan Stormwater Plan 35856 16/02/07 prepared by Masterton homes Pty Ltd.

 

            The above drainage plan must be amended to incorporate all of the following points:   

 

a.                   An Environmental Pollution Control Pit is to be provided on the boundary just prior to system discharging to the street system. 

 

b.                  All roof water is to drain to the street.

 

c.                   The run-off from the “on ground” paved areas is to drain to an absorption system

 

d.                  Along the extremity of the pool paving, a kerb and catch drain system, is to be provided, to direct “splash water” to a piped system which will, (in turn) be directed to the new absorption system.

 

The stormwater plan is to be certified by a Charted Practising Engineer stating that the design fully complies with AS3600 and Council’s DCP storm water management.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

44.       On-site Stormwater Absorption.  Stormwater runoff from all paved and on ground impervious areas in the development are to drain to an absorption trench system.  A geotechnical test must be undertaken to determine the soil absorption rate. This rate is to be used in the determination of the required volume. The system is to be designed in accordance with Council’s DCP Stormwater management. 

 

45.       Control of Stormwater Runoff.  Stormwater runoff from all roof areas  shall be collected and piped by gravity flow to the street gutter in a manner acceptable to Council. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from the 1 in 20 year average recurrence interval storm event. Runoff that enters the site from upstream properties must not be redirected in a manner, which adversely affects adjoining properties. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties. All work shall be carried out in accordance with Council’s standards and specifications for stormwater drainage.

 

46.       Overland Flow around Buildings:

To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

The entire outside perimeter of the building must have overland flow escape routes which will protect all finished floor levels from flooding, in the event of the full blockage of the subsurface drainage system.

 

47.       Rainwater Reuse Tanks

            Rainwater reuse tanks are to be provided as per the following. A detailed plan showing the proposed stormwater reuse system including the tank(s), the supply and the reticulation system shall be submitted to and approved by Council or an Accredited Certifier prior to release of the Construction Certificate. The reuse tank is to incorporate the following matters:-

 

a)    Rainwater draining to the Reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank. “On - ground” surfaces are to drain via a separate system.

b)   Mosquito protection & first flush device shall be fitted to the reuse tank.

c)    The overflow from the rainwater reuse tank is to drain by gravity to the boundary pit, before draining to the street system.

            Any access lid into the rainwater reuse tank is to have a lockable lid. If the access lid is designed to be accessed by a maintenance person, it must be at least 600mm x 900 mm in size.

 

48.       Environmental Pollution Control Pit. One (1) stormwater pit (shall be provided), on the private property, just prior to the stormwater system crossing the Council footway. Environmental pollution Control Pit (is to be) designed as a gross pollutant trap to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, (and a readily removable litter basket), and a sediment collection sump and must be designed to drain completely in dry weather. The pit is to be cleaned on a regular basis to the satisfaction of Lane Cove Council.

 

Pool Construction   

 

49.           To prevent overland flows from entering the pool the coping level must be a minimum of 150mm above the adjacent finished ground level. The entire outside perimeter of the pool surround must have overland flow escape routes which will protect the pool from flooding.

 

50.       Excavation greater the 1m

       Where there are structures on adjoining properties including all council infrastructures, located within five meters of the proposed excavation.

 

    The applicant shall:-

 

(a) seek independent advice from a Engineer on the impact of the proposed excavations on the adjoining properties

(b)               detail what measures are to be taken to protect those properties from undermining  during construction

(c)  provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties

(d)               Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to any site work. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a practicing engineer.

(e) A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works.  

 

The above matters are to be completed PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

All recommendations of the Geotechnical Engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

51.       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.

 

52.       208 Boundary Levels. The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

53.       212 Residential Crossing. The residential crossing shall be constructed to the specifications and levels issued by Council. An application shall be made to Council and relevant fees / bond, (being a $500 bond, plus inspection fee of $209 plus a design fee of $150, totalling $859, - 2005/06) is to be paid to Council prior to the issue of any Construction Certificate for the provision of street alignment levels and Council inspections.

 

54.       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

 

55.       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.

 

56.       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. 

 

57.       203a         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.

 

58.       286     Permit to Stand Plant

            Where the applicant requires the use of machinery on the public road reservation, an application shall be made to Council's Open Space & Urban Services Division for permit to stand plant (eg. Cranes, Cherry Picker, Concrete Pump etc). The permit is issued by Lane Cove Council in accordance with provisions of the Local Government Act. The application shall be obtained from Council’s Customer Service, and approval must be granted by Council prior to the commencement of related activity on the site. (Note that the relevant fee shall also be paid)

           

59.       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’.

 

60.       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

 

61.       260 Construction of Residential Driveway Crossing. A full width residential duty vehicular crossing shall be provided opposite each vehicular entrance to the site, with a maximum width of 5.0 metres and a minimum width of 3.5 metres at the boundary line. These works shall be carried out prior to the issue of the occupation certificate by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s issued drawings and level sheets.

 

62.       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.

 

1)                  Confirming that all vehicular footway and gutter (layback) crossings are constructed or reconstructed in accordance with (a) The construction plan requirements, and (b) Conditions of this consent and, (c) Lane Cove Council’s ‘specification for construction of residential vehicular footpath crossings’. (When the works are satisfactory, the applicant must request the Council Crossing inspector to provide written evidence of satisfactory completion of the works.

      

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

 

            Reference is to be made to the following:                             

(a) Absorption system,

         (b) An Environmental Pollution Control Pit on the lowest point if the                       existing line. 

 

3)                  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 Mayor declared the  motion carried unanimously.

 

Environmental Services Division Report No. 25

SUBJECT: 30 George Street, Greenwich

 

Councillor Freedman vacated the chamber and took no part in discussion or voting.

 

230

RESOLVED on the motion of Councillors D'Amico and Smith that the report be received and the development application be approved subject to the following conditions:-

 

1.         (20) That the development be strictly in accordance with drawing number 0614, DA01C to 0614, DA 06C inclusive, prepared by Simpson + Wilson and Date Stemped by Council 3 September 2007.

 

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.         (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.

 

7.         (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.

 

8.         (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.

 

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

 

10.       (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.

 

11.       (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.

 

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

 

13.       (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.

 

14.       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.

 

15.       (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

 

16.       (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.

 

17.       (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:-

 

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

 

(6)        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.

 

(7)        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.

 

(8)        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.

 

18.       (72) The proposed works being confined within the boundaries of the site.

 

19.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

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

 

22.       (130)  Compliance with the Waste Management Plan submitted with the Development Application 76/2007.

 

23.        (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.

 

24.       (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.

 

25.       (141) 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.

 

26.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

Engineering Conditions:

 

27.       Design and Construction Standards.  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant Development Control Plans except as amended by other conditions.

 

28.     Overland Flow around Buildings:

To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

The entire outside perimeter of the building must have overland flow escape routes which will protect all finished floor levels from flooding, in the event of the full blockage of the subsurface drainage system.

Engineering Conditions to be complied with Prior To Construction Certificate

 

29.       (207)        Footpath Damage Bond. The applicant shall lodge with Council a $1000 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.       Control of Stormwater Runoff. The stormwater runoff from the new impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater management. The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a Charted Practising Engineer. Where an existing element does not comply with current standards the subject element is to be replaced. Where the existing system does not comply with Councils DCP Stormwater management an application is to be made to Council for approval of an alternate system.

 

31.       (208)        Boundary Levels. The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

32.       DRIVEWAY PROFILE. A longitudinal profile, along both sides of the proposed vehicular access is to be submitted for the Council’s consideration, prior to issue of the Construction Certificate. The submitted details are also to be submitted to and approved by the Principle Certifying Authority, prior to issue of the Construction Certificate. The longitudinal section is to have regard for

·        It must demonstrate that the vehicular access and parking requirements shall conform to AS 2890.1 – 2004,

·        Ground Clearance requirements of AS/NZS2890.1 are observed, and

·        The scale is to be 1:25,

·        It is to extend from the centre of the road way to the furthest most carparking space.

·        The 85th percentile vehicle will not scrape on the profile.

·        The existing levels of Council’s footpath, gutter and road must be maintained unless prior approval to alter these levels has been obtained from Council.

·        The desirable maximum grade of internal driveways and vehicular ramps is 1 in 5. In rare cases, the absolute maximum grade of internal driveways and vehicular ramps can be 1 in 4.

·        The driveway design, must incorporate Council’s issued footpath and gutter crossing levels.

·        The proposed driveway profile is to extend from the centreline of the public road to the garage floor.

 

Plans shall be approved prior to the issue of the Construction Certificate

 

33.       (212)        Residential Crossing. The residential crossing shall be constructed to the specifications and levels issued by Council. An application shall be   made to Council and relevant fees / bond, (being a $800 bond, plus inspection fee of $259 plus a design fee of $150, totalling $1209, - 2007/08) is to be paid to Council prior to the issue of any Construction Certificate for the provision of street alignment levels and Council inspections.

 

34.       (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.

 

35.     Rainwater Reuse Tanks

The proposed Rainwater reuse tanks are to be constructed in accordance with the follow requirements.  

 

d)   A plan detailing the BASIX conditions relating to Rainwater and Stormwater are to be submitted to the Principle Certifying Authority prior to the issue of the construction certificate.

e)    Rainwater draining to the Reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank. “On - ground” surfaces are to drain via a separate system.

f)     Mosquito protection & first flush device shall be fitted to the reuse tank.

g)    The overflow from the rainwater reuse tank is to drain by gravity to the existing system.

h)    Any access lid into the rainwater reuse tank is to have a lockable lid. If the access lid is designed to be accessed by a maintenance person, it must be at least 600mm x 900 mm in size.

 

Engineering Conditions to be complied with Prior to Commencement of Construction

 

36.       (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.

 

37.       (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. 

 

38.       (203a)       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.

 

39.       (220)  Works on Council Property. Separate application shall be made to Council's Urban Services Division for approval to complete, to Council's standards and specifications,  for the associated works on Council property.  This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be approved PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE

 

40.       (286)  Permit to Stand Plant

Where the applicant requires the use of machinery on the public road reservation, an application shall be made to Council's Open Space & Urban Services Division for permit to stand plant (eg. Cranes, Cherry Picker, Concrete Pump etc). The permit is issued by Lane Cove Council in accordance with provisions of the Local Government Act. The application shall be obtained from Council’s Customer Service, and approval must be granted by Council prior to the commencement of related activity on the site. (Note that the relevant fee shall also be paid)

 

41.       (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’.

 

42.       (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

 

43.       (260)        Construction of Residential Driveway Crossing. A full width residential duty vehicular crossing shall be provided opposite each vehicular entrance to the site, with a maximum width of 5.0 metres and a minimum width of 3.5 metres at the boundary line. These works shall be carried out prior to the issue of the occupation certificate by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s issued drawings and level sheets.

 

44.       (267)        Redundant Gutter Crossing.  All redundant gutter and footpath crossings shall be removed and the kerb and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the occupation certificate by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standards.

 

45.       (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 issue of any Occupation Certificate.

 

4)                  Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP Stormwater management. 

 

5)                  All works have been completed in accordance with the issued Construction Certificate and Conditions of this determination.

 

If Council is appointed the Principal Certifying Authority then the appropriate inspection fee is to be paid to Council with the subject documentation.

 

 

Upon being put to the Meeting, the motion was declared carried.

 

For the motion were Councillors D'Amico, Gaffney, Hassarati, Longbottom, Smith and Teirney (Total 6).

Against the  motion was Councillor Tudge (Total 1).

Absent:  Councillor Freedman

 

Councillor Freedman rejoined the meeting.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 20 AUGUST 2007

231

RESOLVED on the motion of Councillors Smith and Hassarati that the minutes of the Ordinary Council meeting held on the 20 August 2007 be received.

 

The Mayor declared the motion carried unanimously.

 

232

RESOLVED on the  of Councillors Smith and Hassarati that the minutes of the Ordinary Council meeting held on the 20 August 2007 be confirmed.

 

The Mayor declared the motion  carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 44

SUBJECT: Annual Financial Reports for 2006/2007 - Referral for Audit

233

RESOLVED on the motion of Councillors Longbottom and Smith that:-

1.   In respect to Council's General Purpose Financial Reports the following statement be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

GENERAL PURPOSE FINANCIAL REPORTS FOR THE YEAR ENDED 30 JUNE 2007

Statement by Councillors and Management made pursuant to section 413 (2)(C) of the Local Government Act 1993 (as amended).

 

The attached General Purpose Financial Reports for the year ended 30 June 2007, have been drawn up in accordance with:-

 

·    the Local Government Act 1993 (as amended) and the Regulations made thereunder;

·    the Australian Accounting Standards and professional pronouncements;

·    the Local Government Code of Accounting Practice and Financial Reporting;       

 

To the best of our knowledge and belief, this Report:-

 

·    presents fairly the Council's operating result and financial position for the year; and

·    accords with Council’s accounting and other records.

 

We the Councillors and Management are not aware of matter that would render this Report false or misleading in any way.

 

2.         In respect to Council's Special Purpose Financial Reports, the following statement be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

 

SPECIAL PURPOSE FINANCIAL REPORTS  FOR THE YEAR ENDED 30 JUNE 2007

 

Statement by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

The attached Special Purpose Annual Financial Reports for the year ended 30 June 2007, have been drawn up in accordance with:-

 

·    NSW Government Policy Statement "Application of National Competition Policy to

      Local Government"; and

·    Department of Local Government guidelines "Pricing & Costing for Council Businesses:

           Guide to Competitive Neutrality".

·    The Local Government Code of Accounting Practice and Financial Reporting

 

To the best of our knowledge and belief, this report:-

 

·    Presents fairly the Council's operating result and financial position for each of Council’s

declared Business Activities for the year; and

·    accord with Council’s Accounting and other records.

 

We are not aware of any matter that is false or misleading in any way.

 

3.         Council's Annual Financial Reports for the year ended 30 June 2007 be referred for audit by Council’s Auditors.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 21

SUBJECT: Draft Inner North Subregional Strategy

234

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

 

1.   Council note the Draft Inner North Subregional Strategy.

 

  1. Council make a submission on the Subregional Strategy’s exhibition in accordance with the draft at AT 1 to this Report No.21.

 

  1. The Executive Manager Environmental Services and his team be complimented on the work that has been pun in on this matter.

 

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

235

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

 

The Mayor declared the  motion carried unanimously.

 

General Managers Reports

 

General Managers Report No. 25

SUBJECT: Monthly Review July / August 2007

236

RESOLVED on the motion of Councillors Gaffney and Smith that the information be received and noted.

 

 

The Mayor declared the  motion carried unanimously.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 29

SUBJECT: Lane Cove Traffic Committee on Tuesday 14th August 2007

237

RESOLVED on the motion of Councillors Longbottom and Hassarati that Council receive and note the minutes of the Lane Cove Traffic Committee Meeting of Tuesday 14th August 2007.

 

 

The Mayor declared the  motion carried unanimously.

 

Councillor Hassarati vacated the chamber at 8:30pm and rejoined the meeting at 8:33pm.

 

 

 

 

Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed to consider:

 

Confidential Items

 

General Managers Report No. 24

SUBJECT: Lane Cove Market Square

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

 

Human Services Division Report No. 20

SUBJECT: Lane Cove Aquatic Leisure Centre

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

 

 

No members of the public were present.

 

Procedural MOTION 

238

RESOLVED on the motion of Councillors Smith and D'Amico that Council:-

                    

1.       Resolve into Closed Council to consider business identified, together with any late reports tabled at the meeting.

           

2.       Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above.

           

3.       The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

 

The Mayor declared the motion carried unanimously.

 

Council moved into Closed Committee of the Whole at 8:36 pm.

 

Closed Committee of the Whole commenced.

 

Confidential Items

 

General Managers Report No. 24

SUBJECT: Lane Cove Market Square

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council:-

 

1.         Receive and note the report; and

 

2.         Proceed as discussed in Closed Committee of Council.

 

 

 

Human Services Division Report No. 20

SUBJECT: Lane Cove Aquatic Leisure Centre

 

 

Councillor Tudge vacated the chamber at 9:11pm and rejoined the meeting at 9:12pm.

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That the report be received and noted.

 

 

 

Procedural Motion

239

RESOLVED on the motion of Councillors Tudge and Smith that Open Council be resumed.

 

The Mayor declared the motion carried unanimously

 

Open Council resumed.  

 

Confidential Items

 

The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager, prior to being adopted:

 

General Managers Report No. 24

SUBJECT: Lane Cove Market Square

240

RESOLVED on the motion of Councillors Longbottom and Hassarati that Council:-

 

1.         Receive and note the report; and

 

2.         Proceed as discussed in Closed Committee of Council.

 

 

Upon being put to the Meeting, the motion was declared carried.

 

For the Motion were Councillors D'Amico, Gaffney, Hassarati, Longbottom, Smith and Teirney (Total 6).

Against the Motion were Councillors Freedman and Tudge (Total 2).

 

Human Services Division Report No. 20

SUBJECT: Lane Cove Aquatic Leisure Centre

241

RESOLVED on the motion of Councillors Teirney and D'Amico that the report be received and noted.

 

The Mayor declared the motion carried unanimously.

 

 

 

CLOSE

 

The meeting closed at 9:18pm

 

Confirmed at the Ordinary Council Meeting of 17 September 2007, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document5