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Minutes

Ordinary Council Meeting

4 February 2008, 7:00PM

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 4 February 2008

 

Minutes

 

 

 

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

 

 

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

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 17 DECEMBER 2007

1

RESOLVED on the motion of Councillors Gaffney and Smith that the minutes of the Ordinary Council meeting held on the 17 December 2007 be received.

 

The Mayor declared the motion carried unanimously.

 

2

RESOLVED on the motion of Councillors Gaffney and Smith  that the minutes of the Ordinary Council meeting held on the 17 December 2007 be confirmed, subject to it being noted Councillor Tudge voted against the Extension of Time Motion in Minute No. 380.

 

The Mayor declared the motion carried unanimously.

 

DECLARATIONS OF INTEREST:

 

Nil

 

APOLOGIES                                                     

Apologies were received on behalf of Councillor R Tudge.

3

RESOLVED on the motion of Councillors Smith and Gaffney 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 the General Manager, Mr Peter Brown.

 

 

SUSPENSION OF STANDING ORDERS

4

RESOLVED on the motion of Councillors D'Amico and Gaffney 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 people addressed Council:-

 

Maureen Martin Parklands Ave requesting extension of time to comment on the Draft LEP.

Di Shaw 80 Northwood Road Northwood regarding 16 Private Road, Northwood.

Brian Larking 74A Northwood Road, Northwood regarding 16 Private Road Northwood.

Jim Berry 80A Northwood Road, Northwood regarding 16 Private Road Northwood.

Pam Palmer for Greenwich Community Association requesting extension of time to comment on the Draft LEP.

Doug Stuart, for RASAD requesting extension of time to comment on the Draft LEP.

Graham Holland for Bushland Society requesting extension of time to comment on the Draft LEP.

Carol Webber owner 16 Private Road Northwood regarding 16 Private Road Northwood.

David Cant Architect for 16 Private Road Northwood regarding 16 Private Road Northwood.

Kerry Nash Town Planner for 16 Private Road Northwood regarding 16 Private Road Northwood.

Stephen Klinger, solicitor for applicants of16 Private Road Northwood.

Rob Loneragan 12 Private Road Northwood regarding 16 Private Road Northwood.

Brian Hall, 10 Second Avenue Lane Cove regarding Development Application for a pool.

Richard Shaw 80 Northwood Road Northwood regarding 16 Private Road Northwood.

Henry Mooser 12 Birdwood Avenue Lane Cove requesting extension of time to comment on the Draft LEP

 

Resumption of Standing Orders

5

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

 

The Mayor declared the motion carried unanimously.

 

ADJOURNMENT:

 

The Mayor adjourned the Council meeting at 8:00pm and opened the Planning & Building Committee and the Services & Resources Committee meetings and adjourned them.

 

RESUMPTION:

 

The Council meeting resumed at 8:01pm.

 

Referred Reports

 

Environmental Services Division Report No. 523

SUBJECT: 52B Cliff Road, Northwood

6

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

 

1..        Consideration of the matter be deferred for an internal mediation to be conducted with the applicant and objectors on Thursday 7th February 2008 at 9.30am;

 

2.                  Council indicates it supports the removal of the eastern deck and bay window; and for the lowering of the pool deck.

 

 

The Mayor declared the carried unanimously.

 

Environmental Services Division Report No. 48

SUBJECT: 10 Second Avenue Lane Cove

7

RESOLVED on the  of Councillors Lawson and D'Amico that pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act 1979, the Council as the consent authority grants development consent to Development Application No D293/07 for the construction of a swimming pool on lot 68 Do 19003 at 10 Second Avenue Lane Cove, subject to the following conditions:-

 

1.       That the development be strictly in accordance with the details set out in the following table and on the application form and on any supporting information received with the application except as amended by the conditions specified hereunder.

 

 

Document

Prepared by

Number

Dated

Site Plan

Premier Pools

KA 5022-1

Sept 2007

Plan and sectional elevation

Premier Pools

KA 5022-2

Sept 2007

Sectional elevations

Premier Pools

KA 5022-3

Sept 2007

Landscape Plan

Premier Pools

MLS 5022-4A

Sept 2007

 

2.         Amended Plans are to be submitted incorporating the following amendments:

 

a)         The side setback from the swimming pool to the common side boundary between the subject site and 8 Second Avenue shall be increased to at least 900mm.

b)         The pool shell between ground level and the pool concourse shall be appropriately finished and screened to harmonise with the natural landscape.  Any exposed undercroft is to be painted a dark recessive colour.

 

The amendments are to be provided prior to the issue of a Construction Certificate.

 

3.         Access to the site for all vehicles and machinery associated with the development must be gained via the Second Avenue frontage. Access through Lane Cove Bushland Park is prohibited.

 

4.         A Comprehensive Work Plan must be approved prior to the issue of the Construction Certificate. The Work Plan must outline how all vehicles and machinery will access the site in light of condition 3 above, including entry and exit points, and details of the site management during excavation and construction works, including Stormwater and Sediment Control Plans in accordance with DCP1.

 

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

 

6.         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.         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.         An Occupation Certificate being obtained from the Principal Certifying Authority before the swimming pool is filled.

 

9.         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.

 

10.       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.

 

11.       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.

 

12.       In accordance with the requirements of the Swimming Pools Act 1992 and Regulations there under 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".

 

13.       Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

 

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)         Pool reinforcement prior to placement of concrete.

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

c)         Stormwater drainage lines prior to backfilling

d)         Completion.

 

15.       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;

 

16.       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.

 

 

17.       (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.

 

18.       All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

19.       The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

20.       An approved type of hoarding being erected along the street frontage.

 

21.       Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

22.       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.

23.       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.

 

24.       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.

 

25.       BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

Engineering Conditions

 

General Engineering Conditions

26.       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.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

27.       Pool Construction

Connect to existing system Stormwater

            The stormwater runoff from the any new impervious areas surrounding the pool shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater management.

 

Overland Flow around pools:

The pool design shall ensure that either during construction or upon completion, surface water is not directed or diverted so as to have an adverse impact upon adjoining properties.

 

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.

 

28.       Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

29.       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.

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 and documentation submitted to Council 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.

 

30.       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.

 

31.       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.       Restoration.  Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

33.       Materials on Roads and Footpaths. Where the applicant requires           the use of council land for placement of building waste skips or storage of materials an application for “Building waste containers or materials in a public place” is to be made. Council land is not to be occupied or used for storage until such application is approved. 

 

34.       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, any 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 submitted prior to the start of any works on Council property.

 

35.       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.

 

36.       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’.

 

37.       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

 

38.       Certificate of Satisfactory Completion. Certificates from a registered and licensed Plumber, Builder, or a suitably qualified Engineer must be obtained for the following matters.  The plumber, builder 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.

 

1)         Confirming that any new element of the drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP Stormwater management. 

 

2)         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.

 

 

The Mayor declared the  motion carried unanimously.

 

Procedural Motion

8

RESOLVED on the motion of Councillors Longbottom and Gaffney that Environmental Services Division Report No.13  - 16 Private Road Northwood be brought forward and dealt with at this time.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 13

SUBJECT: 16 Private Road, Northwood

Suspension of Standing Orders

9

RESOLVED on the motion of Councillors Longbottom and Gaffney that Standing Orders be suspended to permit Rob Loneragan to address Council.

 

The Mayor declared the motion carried unanimously.

 

Mr Loneragan addressed Council.

 

RESUMPTion of Standing Orders

 

 

10

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

 

The Mayor declared the motion carried unanimously.

 

11

MOTION

 

A  motion was moved by Councillors D’Amico and Smith that Council as the consent authority grant development consent to Development Application NO. D357/05 for the erection of a two storey dwelling house, separate garage for the parking of two vehicles and the construction of a swimming pool at 16 Private Road Northwood, subject to the following conditions:

 

Plans

 

1.         (20) That the development be strictly in accordance with drawing numbers 0456/DA1, DA2 & DA3, Issue X, dated 2.11.07, by Cant Dibden Pty Ltd Architects.

 

Specific

 

2.         In order to reduce overlooking into the adjoining rear yards of 76 and 78 Northwood Road, the applicant shall provide a privacy screen in toughened obscure glass and to a height of 1.7m above the finished floor level along the western side of the rear first floor balcony. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

3.         In order to reduce the overlooking potential into the dwelling-house located to the north of the site at 12 Private Road, the applicant is to erect a fixed louvered privacy screen 1.7m above the finished floor level and along both of the northern sides of the roof terrace. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

This screen may be deleted prior to the occupation of the development subject to the written agreement of the respective owners of both 12 and 16 Private Road. A copy of this agreement is to be provided to Council.

 

4.         In order to improve the privacy of the occupants of 80A Northwood Road the applicant is to ensure that all 3 of the windows of the master bedroom on the southern elevation are constructed in glass bricks. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

5.         In order to reduce the overlooking potential of the adjoining rear yards of 76 and 78 Northwood Road, the applicant is to ensure that the kitchen windows on the western elevation are to be in obscure glass up to a height of 1.7m    above the finished floor level. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

6.         In order to reduce the overlooking potential of the western courtyard of 14 Private Road, the applicant is to construct a timber privacy screen 1.8m high above, and attached to, the concourse level of the swimming pool where the height of the existing boundary fence does not achieve this same height. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

7.         In order to reduce the visual impact and to improve views from 12 Private Road, the applicant shall limit the maximum height of the garage to RL 44.12.

 

8.         In order to ensure any potential adverse effect on the root system of the Brushbox tree required to be retained is kept to a minimum, any reduction of the garage floor level below RL 41.72 is to be subject to the agreement of Council’s Manager, Open Space.

 

9.         A revised BASIX Certificate is to be submitted PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE to address those changes made to the development since the original BASIX Certificate was issued. Plans submitted with the Construction Certificate must incorporate all of the revised BASIX commitments.

 

10.       The door to the ground floor w.c. adjacent to the front entry is to comply with clause 3.8.3.3 of the Building Code of Australia. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

11.       A Construction Management Traffic Report (CMTR) must be submitted to the Manger, Traffic for the approval of the Open Space & Urban Services Division PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE. It must detail the traffic impact of the construction works on the local area and the means proposed to manage construction works to minimise such impacts. In particular, the Report must consider the impact on the on-street parking during construction, the movement of trucks to and from the site, the location of any site sheds and the use of any cranes and concrete pumps. The applicant is to note that the use of cranes and concrete pumps on the public reserve  requires a ‘Permit to Stand Plant’ from Council. All materials and plant are to be stored on-site unless prior permission is received from Council to use the footpath.   The CMTR must also detail a proposed method for neighbour communication and the requirements for the relocation of the Canary Island Date Palm.

 

12.       In order to prevent any new work encroaching on a neighbouring property, all new work is to be located wholly within the subject site. If any doubt is raised Council may request the submission of a survey report.

 

13.       In order to maintain privacy between the subject site and the occupants of 74A Northwood Road, the applicant shall ensure that the Canary Island Date Palm is relocated 2.5m in a north-westerly direction.  If this does not occur the development shall be revised at the north-western corner so that this tree can be retained.  The setback of the development is to be to the satisfaction of Council’s Manager, Open Space.  PLANS ARE TO BE AMENDED PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

General

 

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

 

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

 

16.       (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.

17.       (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.

 

18.       (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.

 

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

 

20.       (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.

 

21.       (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.

 

22.       (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.

 

23.       (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.

 

24.       (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.

25.       (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.

 

26.       (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.

 

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

 

28.       (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 1926-1986.

 

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

 

29.       (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.

 

30.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations there under 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".

 

31.       (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

 

32.       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.

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.

 

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

 

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

34.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

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

 

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

 

37.       (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.

 

38.       (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.

 

39.       (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.

 

40.       (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.

 

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

 

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

 

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

 

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

 

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

 

46.       (103)  Floor wastes connected to an approved sanitary fitting are to be provided to all bathrooms, laundries and w.c's.

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

 

48.       (130)  Compliance with the Waste Management Plan submitted under this application.

 

49.       (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.

 

50.       (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.

 

51.       (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.

 

Landscape conditions

 

52.       (300)  A Tree Preservation Order applies in the Lane Cove local government area. The order prohibits the cutting, removal or damage 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.

 

53.       (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.

 

54.       (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.

 

(i)         Tree protection for the Lophostemon confertus (Brush Box) located within the proposed driveway (ie conditions 55-64 inclusive).

 

55.       An AQF Level 5 Arboriculturalist must be engaged by the builder to supervise and certify    all tree management on the site. The Supervising Arboriculturalist must be on site and provide certification for their site attendance and supervision of the following works located within 8m of the Brush Box. In particular, the Arboriculturalist must supervise the following works:

- Tree Protection including Trunk Battons and Root Protection Padding

- Demolition

- Excavation for the pool

- Preparation for garage floor formwork

- Laying of garage floor

- Driveway Construction

 

56.       A report must be submitted by the Supervising Arboriculturalist within 7 days of inspection to Council’s Tree Preservation Officer, outlining the extent of the work and if there was any damage to the tree root system.

 

57.       The trunk of the Brush Box must be protected during the construction period by a trunk barrier.  The trunk barrier must be made of underfelt under a layer of hardwood battens (minimum size 50x50mm) spaced 50 mm apart joined together with galvanised strapping. The battens are to cover the trunk from ground level to 4m above ground level. The battons must NOT be fixed to the tree with nails or screws.

 

58.       Root protection padding is to be placed over all the ground area within 10m of the tree trunk. This padding shall comprise a layer of shadecloth, covered with 150mm layer of woodchip, and topped with a layer of 100mm x 100mm hardwood planks. All planks are to be bolted together with chain.

 

59.       The supervising Arboriculturalist must supervise any digging / excavation that is within 8m of the Brush Box. 

 

60.       Any services (sewer, water, gas, electricity) that are located within 8m of the Brush Box are to be located within 1m of the western boundary.

 

61.       (347) All tree protective measures (Trunk Protection and Root Protection Padding) 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.

 

62.       There must be no soil excavation for the driveway. The driveway must be laid directly onto the existing soil level.

 

63.       There must be no soil excavation for the garage other than that required to achieve a floor level of RL 41.72.

 

64.       The driveway must be constructed using Eco Pavers on a base of no fines road base as per specification in Ian English report titled Arboricultural Report – Development Assessment: Site: 16 Private Rd Northwood DA No357/05.

 

65.       Machinery on the site must be no greater than 8 tonne GVM.

 

66.       The Supervising Arboriculturalist must supervise any excavation within 3m of any tree on the site.

 

(ii)        Landscape Conditions to be satisfied prior to issue of Construction Certificate

 

67.       (381)  So as to reduce the visual impact of the development viewed from the adjoining sites to the west of the subject site, screen planting is required along the western boundary commencing at the southern boundary and to extend in a northerly direction for 18 linear metres.  These plants must be healthy, good quality nursery stock, grown to at least 25 L pot size, being free of girdling roots and other defects and to have a height of not less than 3m and will reach 6m tall at maturity .Plants must be spaced 1.5 m apart at planting.  Residents are strongly encouraged to use local native plant species in their gardens.  A species list of local native plants suitable for gardens is available from Council.

 

68.       (383)  The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

69.       (393) Submission of  detailed landscape working drawings consistent with Councils Landscape Checklist, and complies in all respects with the conditions of the development consent are to be submitted for approval by Councils Landscape Architect  PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. The plan shall include the screen planting featured on Dwg: 0456/DA1, Issue X,  dated 02.11.07 by Cant Dibden Pty Ltd Architects.

 

70.       (394b) All landscape works are to be inspected by Councils Landscape Architect upon practical completion in order to certify that all landscape works have been completed in accordance with the DA conditions and in conjunction with the approved landscape working drawing. The inspection is to be carried out PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE.

71.       There must be no change in soil level within 5m of any tree, outside of the building footprint.

72.       There must be no excavation within 5m of the Canary Island Date palm, except for building footings.

73.       There must be no excavation for any services within the Critical Root Zone (5x diameter of the trunk at chest height) of any tree.

74.       The design of the deck on the northern side of the kitchen must be changed to accommodate the palm (which is to remain in its current position). The deck must not be located closer than 500mm to the trunk of the Canary Island Date palm.

75.       Pruning of the Canary Island Date palm must be limited to removing only those fronds hanging below horizontal level, except where clearance for the roof is required.

General Engineering Conditions

76.       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.

 

77.       Control of Stormwater Runoff.  Stormwater runoff from all impervious areas shall be  collected and piped by gravity flow to the street gutter. The design and construction of the drainage system is to fully comply with, AS3500 and Council's DCP-Stormwater management. 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.

 

78.       Environmental Pollution Control Pit. A stormwater pit is to be installed on the new system, on the private property, just prior to the stormwater connecting to the receiving system. Environmental pollution Control Pit is to be designed to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, sediment collection sump and must be designed to drain completely dry. The pit is to be maintained at all times.

 

79.       Rainwater Reuse Tanks

The applicant is to install a rainwater reuse system with a minimum effective capacity of 10000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards the plumbing requirements are as follows.

Note:

§         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.

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

§         The overflow from the rainwater reuse tank is to drain by gravity to the street kerb and gutter.

§         Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

80.       Drainage Plans. A drainage plan and supporting calculations are required. The plan must address or  include the following;

 

a.                  An Environmental Pollution Control Pit is to be provided, just prior to system discharging to the receiving system.

b.                  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.

c.                  Runoff that enters the site from upstream properties must not be redirected in a manner, which adversely affects adjoining properties.

d.                  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.

e.                  All work shall be carried out in accordance with Council’s standards and specifications for stormwater drainage.

f.                    A reuse tank with a minimum effective capacity of 10000L. An overflow from the reuse tank is to drain to the easement.

g.                  The run-off from the “on ground” paved areas are NOT to be directed to the rainwater tank, but is to be directed to the pollution control pit before discharging to the easement.

h.                  The reuse tank is to be “plumbed in” to all toilets in the development and one out door tap in proximity to the pool to allow for topping up. 

 

The design is to be certified by a Charted Practising Engineer. The certification is to note that the design fully complies with, AS3500 and Council's DCP Stormwater management. The design and certification shall be submitted to the satisfaction of Council or an Accredited Certifier prior to the issue of the Construction Certificate.  

 

81.       Certification of easement.  The existing easement 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. 

 

82.       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.

 

83.       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.

84.       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.

 

85.       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.

 

86.       Existing Drainage Easement.   Documentation is to be submitted with the Construction Certificate application demonstrating that the development site benefits from an appropriate downstream easement to drain water.

 

87.       Pool Construction

Overland Flow around pools:

The pool design shall ensure that either during construction or upon completion, surface water is not directed or diverted so as to have an adverse impact upon adjoining properties.

 

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.

 

88.       Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

89.       Excavation greater than 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.

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 and documentation submitted to Council 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.

Engineering Conditions to be complied with Prior to Commencement of Construction

 

90.       Restoration.  Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

91.       Materials on Roads and Footpaths. Where the applicant requires           the use of council land for placement of building waste, skips or storage of materials an application for “Building waste containers or materials in a public place” is to be made. Council land is not to be occupied or used for storage until such application is approved. 

 

92.       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, any 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 submitted prior to the start of any works on Council property.

 

93.       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.

 

94.       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’.

 

95.       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.

 

96.       Existing Drainage Systems.  Should the construction of the proposed development result in the disturbance of any existing on-site stormwater drainage systems, including pipelines, then these systems are to be relocated on-site in accordance with the requirements of Councils standards and specifications for stormwater drainage, at the applicant’s expense. This condition includes where the applicant causes disturbance to any existing public drainage system on private property.

 

Engineering Conditions to be complied with Prior to Occupation Certificate

97.       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.

 

98.       Certificate of Satisfactory Completion.  Certificates from a registered and licensed plumber, builder, or a suitably qualified engineer must be obtained for the following matters.  The plumber, builder 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.

 

1)                  Confirming that all vehicular footway and gutter (layback) crossings are constructed or reconstructed in accordance with 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 accordance with the relevant Australian Standards and Council’s DCP Stormwater management. 

 

3)                  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.

 

99.       The roof terrace being deleted. Detailed plans being submitted with the Construction Certificate.

 

100.     The building being lowered a minimum of 150mm.  Details being submitted with the Construction Certificate Plan.

 

FORESHADOWED MOTION

 

 

A Foreshadowed Motion was moved by Councillors Freedman and Lawson that having regard to the response and additional concessions by the applicant to the requests contained in Resolution 355 and considering all relevant information, Council refuses the development proposal as finally proposed for the following reasons:-

 

1.                  The unacceptable bulk and scale of the proposal; and

2.                  The adverse solar impacts on the neighbour at No. 80A Northwood Road.

 

Extension of Time

12

 

 

RESOLVED on the motion of Councillors Longbottom and Gaffney that Councillor Freedman be granted an extension of one minute to speak on the Foreshadowed Motion

The Mayor declared the motion carried unanimously.

 

 

13

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

 

For the  motion were Councillors D'Amico, Gaffney, Longbottom, Smith and Teirney (Total 5).

Against the  were Councillors Freedman, Hassarati and Lawson (Total 3).

 

The Foreshadowed Motion lapsed.

 

ADJOURNMENT:

 

The meeting was adjourned at 8:35pm.

 

RESUMPTION:

 

The meeting resumed at 8:42pm.

 

General Managers Reports

 

General Managers Report No. 2

SUBJECT: Submission to NSW Legislative Council Select Committee on Electoral and Political Party Funding

 

MOTION

 

A  motion was moved by Councillors Longbottom and Smith that Council support the Draft submission prepared for the NSW Legislative Council Select Committee on Electoral and Political Party Funding, the submission to include reference to Local,  State and Federal Government and that the word ‘Large’ be removed prior to ‘developers’.

 

Foreshadowed Motion

 

A Foreshadowed Motion was moved by Councillors Freedman and Teirney that Council’s submission:

 

1.                  should support the submission of Leichhardt Council on 12 December 2006 when it resolved to call on the NSW State Government to change the Local Government Act 1993, in order to ban property industry donations to political parties and individuals in the future and requesting all Councillors who have accepted donations from corporations, partnerships and individuals whose businesses involves property development declare the details, amounts and extent of those donations and to absence themselves from any debate and not vote on any motion or recommendation on where such donors may receive a benefit from that outcome or that vote;

 

2.                  remove the word ‘Large’ when used before ‘Developers’ should be deleted from the submission;

 

3.                  cap donations received;

 

4.                  Consider disclosure of amounts received be lowered to $100.

 

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

 

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

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

 

The Foreshadowed Motion lapsed.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 8

SUBJECT: 2nd Quarter Review of 2007-2010 Management Plan

15

RESOLVED on the motion of Councillors Smith and Gaffney that the Second Quarter Review of the 2007-2010 Management Plan be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 5

SUBJECT: Councillor Superannuation

16

RESOLVED on the motion of Councillors Hassarati and Smith that Council note the interpretative decision of the Australian Tax Office that allows Councillors to make superannuation contributions to a complying Superannuation Fund out of their Councillor fees.

 

 

The Mayor declared the motion  carried unanimously.

 

Corporate Services Division Report No. 6

SUBJECT: Policy RO4004 - Public Liability Insurance - Civic Centre

17

RESOLVED on the motion  of Councillors Smith and Hassarati that Policy No. R04002 – Public Liability Insurance – Civic Centre be abolished and the draft Insurance and Indemnity Requirements for Hirers of Council’s Facilities Guidelines be introduced together with the Facilities Hire Agreement form with Indemnity clause included.

 

 

The Mayor declared the  motion carried unanimously.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 1

SUBJECT: Graffiti Removal

18

RESOLVED on the  of Councillors Hassarati and Smith that:

 

1.   Council adopt the Draft Graffiti Reduction Program Policy and draft Graffiti Management Plan dated 29 January 2008 for the purposes of public exhibition;

 

2.   At the conclusion of the public exhibition period, a further report be submitted to Council advising of the results of the public exhibition; and

 

3.      Council implement the Graffiti Reduction Program as outlined in the report.

 

4.      Removal costs be separated between private and public properties and reported to Council on an annual basis.

 

 

The Mayor declared the motion carried unanimously.

 

 

 

 

 

 

Open Space and Urban Services Division Report No. 2

SUBJECT: Lane Cove Parking Permit Policy

19

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

 

1.         Council adopt the Draft Lane Cove Permit Parking Policy dated 29 January 2008 for the purposes of public exhibition;

 

2.         At the conclusion of the public exhibition period, a further report be submitted to Council advising of the results of the public exhibition; and

 

3.                  Subject to the proposal being advertised and no objections being received, Council introduce a 3-monthly Residents Visitors ‘Parking Permits at a fee of $50 for the 2007-2008 financial year.   If any objections are received a report be submitted to Council.

 

 

For the motion were Councillors D'Amico, Gaffney, Hassarati, Lawson, Longbottom, Smith and Teirney (Total 7).

Against the  were Councillors Freedman (Total 1).

 

ORDER OF THE DAY

 

20

RESOLVED on the motion of Councillors Freedman and Longbottom that Council consider a motion in relation to an Extension to the LEP exhibition time as a matter of urgency

 

The Mayor declared the motion carried unanimously.

 

Matter of Urgency

The Mayor ruled the following to be a Matter Of Urgency.

21

RESOLVED on the motion of Councillors Freedman and Longbottom that the period for receipt of submissions on the Draft Local Environmental Plan be extended two weeks into March.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 14

SUBJECT: Minutes of Inspection Committee 2 February 2008

22

RESOLVED on the motion  of Councillors Teirney and Gaffney that Council note issues raised, representations and observations made by attending Councillors at the Inspection Committee.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 10

SUBJECT: Lane Cove Rainwater Tank Rebate Scheme

23

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

 

1.   Receive and note the report and

 

2.   Endorse the proposed Lane Cove Rainwater Tank Rebate Scheme as detailed in this report.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 11

SUBJECT: Draft Enforcement Policy

24

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

 

1.   Receive and note the report;

 

2.   Adopt the Draft Lane Cove Council Enforcement Policy dated 29 January 2008 for the purposes of public exhibition; and

 

      3.   At the conclusion of the public exhibition period, a further report be submitted to Council advising of the results of the public exhibition.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 7

SUBJECT: Earth Hour 2008

25

RESOLVED on the  of Councillors Smith and Lawson that Council support Earth Hour 2008.

 

 

The Mayor declared the motion  carried unanimously.

 

Matter of Urgency

26

RESOLVED on the motion of Councillors Longbottom and Smith that the Late Item in relation to Planning Reforms Submission be dealt with as a Matter of Urgency.

 

The Mayor declared the motion carried unanimously.  

 

The Mayor ruled the item to be a Matter of Urgency.

 

Environmental Services Division Report No. 15

SUBJECT: Planning Reforms Submission

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RESOLVED on the  of Councillors Smith and Gaffney that Council endorse the principles in the LGSA’s letter to the Minister on December 2007, on which a submission is proposed to be based in response to the Planning Reforms Discussion Paper issued by the Minister for Planning in November 2007.

 

 

The Mayor declared the motion carried unanimously.

 

 

 

CLOSE

 

The meeting closed at 9:30pm.

 

Confirmed at the Ordinary Council Meeting of 18 February 2008, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

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