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Minutes

Ordinary Council Meeting

21 April 2008 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 21 April 2008

 

Minutes

 

 

 

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

 

 

ALSO PRESENT: General Manager,  Executive Manager - Corporate Services, Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager - Human Services, Director Major Projects, Manager Special Projects and Chief Executive Secretary.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by the General Manager.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

APOLOGIES                                                     

Apologies were received on behalf of Councillor J Hassarati.

100

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

 

The Mayor declared the motion carried unanimously.

 

DECLARATIONS OF INTEREST:

 

Councillor Tom Lawson  declared a non-pecuniary interest and would not speak or vote in relation to Environmental Services Division Report No.151 - 12 Chisholm Street Greenwich as the applicant had prepared some of his electoral material for the last Council election.  

 

Note:   Councillor Teirney declared an interest in Environmental Services Division Report No.151 - 12 Chisholm Street Greenwich later in the meeting.

 

SUSPENSION OF STANDING ORDERS

101

RESOLVED on the motion of Councillors Smith 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:-

 

Erica Wallace of Kara Street Lane Cove regarding the DLEP in relation to Kara Street.

 

Libby Wells 50 Parklands Ave Lane Cove regarding the DLEP in relation to Parklands Avenue.

 

Mr Austin, Ulonga Avenue Greenwich regarding parking restrictions and access for fire trucks in Ulonga Avenue Greenwich.

 

Jane Brookes 3 Ulonga Avenue Greenwich regarding  parking restrictions in Ulonga Avenue Greenwich.

 

Simon Brookes 3 Ulonga Avenue Greenwich regarding parking restrictions in Ulonga Avenue Greenwich and fire trucks accessing the Waterbrook development.

 

Ron Gornall Mafeking Avenue Lane Cove regarding the DLEP and highrise buildings on Pacific Highway.

 

Alan Winney Innes Road Greenwich regarding fire trucks using Ulonga Avenue to access the Waterbrook development and the Waterbrook development’s  newspaper advertisements stating 6 Ulonga Avenue as its address.

 

Paul Gibbs 20 Burns Bay Road Lane Cove regarding lack of parking in the Lane Cove Village.

 

Jim Mitchell of Mitchell Partners Architects regarding to Environmental Services Division Report No.151 - 12 Chisholm Street Greenwich

 

Shane Martyns, husband of applicant, for 12 Chisholm Street Greenwich, regarding Environmental Services Division Report No.151 - 12 Chisholm Street Greenwich.

 

Resumption of Standing Orders

102

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

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

103

RESOLVED on the motion of Councillors Longbottom and Smith that Environmental Services Division Report No.151 - 12 Chisholm Street Greenwich be brought forward and dealt with at this time.

 

The Mayor declared the motion carried unanimously.

 

DECLARATION OF INTEREST:

 

Councillor Teirney declared a non-pecuniary interest in Environmental Services Division Report No.151 - 12 Chisholm Street Greenwich as she previously has an association with a party involved with the application.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 151

SUBJECT: 12 Chisholm Street, Greenwich

Councillors Teirney and Lawson vacated the chamber and took no part in discussion or voting on the matter.

 

 

MOTION

 

A motion was moved by Councillors Freedman and Smith that pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D302/07 for demolition of existing first floor, swimming pool and front fence and alterations and addition to existing dwelling house including first floor addition, new swimming pool, carport and front fence at 12 Chisholm Street, Greenwich subject to the following conditions: -

 

1.         (20) That the development be strictly in accordance with drawing number

o    A1 Rev (A) dated January’ 08 by Mitchell Partners, Architects.

o    A2 dated September’ 06 by Mitchell Partners, Architects.

 

2.         The gaps within the horizontal members of the front fence and the gates shall not be less than the width of the horizontal members.

 

3.         The portion of stair from the first floor leading up to the roof terrace is to be deleted. Amended plans are to be submitted prior to issue of the Construction Certificate.

 

4.         The proposed roof terrace is to be deleted. Amended plans shall be submitted prior to the issue of the Construction Certificate. 

 

5.         The roof of the dwelling house is to be amended to a continuation of the roof profile, excluding the roof terrace.

 

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

 

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

 

8.         (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.

 

9.         (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.

 

10.       (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.

 

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

 

12.       (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.

 

13.       (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.

 

14.       (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.

 

15.       (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.

 

16.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

a)         the name, address and telephone number of the Principal Certifying             Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

The signs shall be maintained for the duration of construction works.

 

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

 

18.       (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.

 

19.       (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.

 

20.       (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".

 

21.       (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".

 

22.       (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.

 

23.       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

j)          Completion.

 

24.       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).        pool structure.

 

25.       (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

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

 

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

 

28.       (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.

 

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

 

a          foundation stages of front fence, pool and carport;

b          The establishment of the first floor level;

c          The roof framing; and

d          The completion of works.

 

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

 

30.       (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.

 

31.       (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.

 

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

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

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

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

(b)        Smoke alarms complying with AS 3786.

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

 

Location – Class 1a buildings (dwellings)

 

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

 

(a)        any storey containing bedrooms—

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

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

(b)        any other storey not containing bedrooms.

 

Location – Class 1b buildings

 

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

 

(a)        in every bedrooms; and

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

(c)        on each other storey.

 

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

 

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

 

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

 

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

 

37.       (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.

 

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

 

39.       (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.

 

40.       (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.

 

41.       (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.

 

42.       (317) A 1.8 m high fence of chain mesh shall be erected around the Brushbox street tree encompassing all the grass nature strip and ending at the driveway crossing. 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.

 

43.       A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION ZONE– 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.

 

44.       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. 

 

45.       (315)  The proposed driveway crossing must be at least 2.5 m clear of the centre of the trunk of the street tree.

 

General Engineering Conditions

 

46.       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.

 

47.       Control of Stormwater Runoff.  Stormwater runoff from all impervious roof areas are to drain via a charged line system to the street, all areas that are unable to drain to the street are to drain to a absorption system. 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.

 

48.       Environmental Pollution Control Pit. A stormwater pit is to be installed on the new system, just prior to the stormwater connecting to the absorption 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.

 

49.       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.

 

50.       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’.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

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

 

Stormwater details shall be prepared and certified by a suitably qualified engineer. The design is fully comply with, AS3500 and Council's DCP Stormwater Management. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

52.       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.

53.       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.

 

54.       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.

55.       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.

 

56.       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.

 

57.       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 an $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.

 

58.       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

59.       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. 

 

60.       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.

 

61.       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.

 

62.       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’.

 

63.       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

64.       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.

 

65.       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.

 

 

Councillor Freedman tabled a letter of submission from the Greenwich Community Association related to the matter.

 

104

RESOLVED on the motion of Councillors Tudge and Freedman that the submission be received and noted.

 

The Mayor declared the motion carried unanimously.

 

105

The motion was put to the Meeting and declared carried.

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Smith and Tudge (Total 5).

Against the Motion were Councillor Longbottom (Total 1).

Absent: Councillors Lawson and Teirney.

 

Councillors Lawson and Teirney rejoined the meeting.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 7 APRIL 2008

106

RESOLVED on the motion of Councillors Smith and Gaffney  that the minutes of the Ordinary Council meeting held on the 7 April 2008 be received.

 

The Mayor declared the motion carried unanimously.

 

107

RESOLVED on the motion of Councillors Smith and Gaffney  that the minutes of the Ordinary Council meeting held on the 7 April 2008 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 11

SUBJECT: Council and Committee Meeting Schedule - May 2008

108

RESOLVED on the motion of Councillors Smith and Teirney that the Council and Committee Schedule for May 2008 be adopted.

 

 

The Mayor declared the motion carried unanimously.

 

General Managers Report No. 15

SUBJECT: Lane Cove Library Extension as part of Lane Cove Market Square Redevelopment

109

RESOLVED on the motion of Councillors Smith and Lawson that the General Manager be delegated authority to negotiate with Woolworths to progress the concrete roof slab design option in lieu of a metal roof and if the costs are of the order indicated, without implicating the functionality of the Library, to obtain the necessary approvals if and when appropriate.

 

 

The Mayor declared the motion carried unanimously.

 

General Managers Report No. 16

SUBJECT: Energy Australia Easements associated with Lane Cove Market Square

110

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

 

1          Council agree to the creation of an easement for electricity purposes over Lot 2 DP 531921, Lot 167 DP658959, Lot 9 DP 525840 including the area required for a substation pad, Lot 7 DP 525839 and the area required for a substation pad on Lot 2 DP 575901, subject to:

 

a)   Woolworths meeting all associated costs;

 

b)   All work (including boring for conduits) in the vicinity of the tree over the proposed easement being undertaken in a manner that protects the tree;

 

2          The Mayor and General Manager be authorised to affix the seal, if required, and to sign the associated documentation to create the easement for electricity purposes over Lot 2 DP 531921, Lot 167 DP658959, Lot 9 DP 525840 including the area required for a substation pad, Lot 7 DP 525839 and the area required for a substation pad on Lot 2 DP 575901.

 

 

The Mayor declared the motion carried unanimously.

 

General Managers Report No. 17

SUBJECT: Asia Pacific Technology Exchange

111

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

 

  1. The matter be deferred to the next meeting of Council.

 

  1. The General Manager obtain additional  information regarding the proposal, including the position adopted by other North Shore Councils.

 

 

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

 

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

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

 

Environmental Services Division Report No. 26

SUBJECT: Enforcement Policy

112

RESOLVED on the motion of Councillors Smith and Teirney that Council adopt and implement the Enforcement Policy dated 29 January 2008 and include the Policy in Council’s Policy Manual.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 27

SUBJECT: Planning Reforms Submission

113

RESOLVED on the motion of Councillors Longbottom and Tudge that Council forward the submission attached at AT2 to the Department of Planning, subject to the additional matter raised in the LGSA submission being included and a comment regarding the lack of time provided to respond.

 

 

The Mayor declared the motion carried unanimously.

 

General Managers Reports

 

Procedural Motion

114

RESOLVED on the motion of Councillors Tudge and Smith that the late item General Managers Report No. 18 be considered at tis time.

 

The Mayor declared the motion carried unanimously.

 

General Managers Report No. 18

SUBJECT: Gunnedah Sister City Visit and Art Show

115

RESOLVED on the motion of Councillors Smith and D'Amico that Council confirm the 11 July 2008 as a suitable time for the opening of the Lane Cove Art exhibition in Gunnedah.

 

 

The Mayor declared the motion carried unanimously.

 

ADJOURNMENT:

 

The meeting was adjourned at 8:15pm.

 

RESUMPTION:

 

The meeting resumed at 10:34pm.

 

The Mayor informed Council that Councillor Tudge had given his apology and would not be returning to the meeting.

 

Matter of Urgency

116

RESOLVED on the motion of Councillors Longbottom and Smith that the recommendations of the Services Committee be considered as a Matter of Urgency.

 

The Mayor declared the motion carried unanimously.

 

The Executive Manager Corporate Services gave a report on the Recommendation of the Services Committee

 

OPEN SPACE AND URBAN SERVICES DIVISION REPORT NO.11

SUBJECT: THE LANE COVE TRAFFIC COMMITTEE MEETING – TUESDAY 8TH APRIL

117

RESOLVED on the motion of Councillors Longbottom and Teirney  that in relation to Item Y11, Ulonga Avenue Fire Brigade Access:-

 

1)   The Recommendation of the Traffic Committee be rejected.

2)   Council move to reinstate the previous Parking Scheme by informing the NSW Fire Brigade  that access is, and always has been available from 212-214 Pacific Highway.

3)   Council resubmit to the Traffic Committee a recommendation for the reinstatement of the previous parking arrangements, subject to the layout being amended to facilitate easy access to No. 3 Ulonga Avenue..

 

The Mayor declared the motion carried unanimously.

 

118

RESOLVED on the motion of Councillors Longbottom and Smith that in relation to Item Y3 Little Street at Longueville Road – Proposed Truck Zone that:-

1)      a Truck Zone 6am – 10am Mon Fri be introduced in Little Street in front of Longueville Hotel for a length of 12 Meters within the existing ½ Parking Zone and at a distance of 24 Metres south of the intersection of Longueville Road and Little Street.

2)      the proposed Truck Zone reverts to ½ Hour Parking Zone from 10am to 6pm Monday to Fri, & 8am – 12.30plm Sat.

 

 

The Mayor declared the motion carried unanimously.

 

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 21

SUBJECT: Policy Manual Review Stage 1

119

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

 

1.      Council amend the policies in the Policy Manual that are listed in attachment AT-1 – Policy Manual Recommended Amendments (From A-K) dated 16 April 2008 as shown in that Attachment subject to the following additional amendments:-

 

         a)        C04001 – Deletion of the word “written”.

         b)        D01011 – The policy not be deleted.

         c)        D02001 – Clause 1 to read:-

         “The authority delegated by Council in the past to the Mayor and to each new Mayor taking office.”

d)                  D02003 – Clause 1 to read:-

“The authority delegated by Council in the past to the Deputy Mayor and to each new Deputy Mayor taking office.”

e)                  F01003 – Paragraph 1 to read:-

“That Council make a contribution towards common boundary fences on a case by case basis  . . . . “

 

 

2.      A further report be submitted to Council in relation to  Policy No. D01006 regarding use of Council’s logo.

 

 

The Mayor declared the motion carried unanimously

 

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. 13

SUBJECT: Legal Advice - Acquisition of 47 Burns Bay Road Lane Cove, (Former Lane Cove Police Station) site

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 and that the legal advice provides commercial details concerning the acquisition of 47 Burns Bay Road, Lane Cove.

 

Human Services Division Report No. 6

SUBJECT: Architectural Services for Lane Cove Library

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; 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 and 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 and Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.  Some information provided to Council by Tenderers is provided on the basis that Council will treat it as commercial in confidence.  It is not in the public interest to reveal all details of these tenders or the assessment process.  Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council.  The practice of publication of sensitive information provided by Tenderers could result in the withholding of such information by Tenderers and reduction in the provision of information relevant to Council's decision.

 

Human Services Division Report No. 7

SUBJECT: Financial Assistance to Community Groups 2008/09

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 and Financial Assistance is used by some organisations for the employment of staff and therefore disclosure of the funding arrangements is not in the public interest.

 

General Managers Report No. 14

SUBJECT: Little Lane Carpark Redevelopment - Tenders to Prepare a Development Application

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 and Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.  Some information provided to Council by Tenderers is provided on the basis that Council will treat it as commercial in confidence.  It is not in the public interest to reveal all details of these tenders or the assessment process.  Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council.  The practice of publication of sensitive information provided by Tenderers could result in the withholding of such information by Tenderers and reduction in the provision of information relevant to Council's decision.

 

There were no members of the public present in the gallery.

 

PROCEDURAL MOTION

 

120

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

                         

1.       Council 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  carried unanimously.

 

Council moved into Closed Committee of the Whole.   Closed Committee of the Whole commenced.

 

Confidential Items

 

General Managers Report No. 13

SUBJECT: Legal Advice - Acquisition of 47 Burns Bay Road Lane Cove, (Former Lane Cove Police Station) site

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That:-

 

1.         Council note the legal advice from Mr John Boland of Matthews Folbigg.

 

2.         Council proceed with the acquisition.

 

3.         Council suspend the covenant relating to 47 Burns Bay Road under the Draft LEP.

 

 

 

Human Services Division Report No. 6

SUBJECT: Architectural Services for Lane Cove Library

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council: -

 

1.         Accept the revised fee proposal submitted by Stephenson and Turner International             Pty Ltd for the provision of architectural services in relation to the Library Fit-out.

 

2.         Accept the fee proposal submitted by Stephenson and Turner for the services of an             Access Consultant for the Lane Cove Library fit-out.

 

3.         Approve the engagement of a Sustainability consultant to work with the engaged             architects in relation to the Lane Cove Library fit-out.  Funding for this consultancy to be provided from the Sustainability Levy.

 

4.         Authorise the General Manager to enter into a contract with Stephenson and             Turner             International Pty Ltd for Architectural Services in relation to the Library Fit-       out.

 

 

 

Human Services Division Report No. 7

SUBJECT: Financial Assistance to Community Groups 2008/09

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council :-

 

1.         Gives Public Notice of the proposed Financial Assistance Grants to Community             Groups for 2008/2009, and subject to no objections being received, grant the funds             as outlined in Part 1 subject to the following changes:-

            a)         $2,500 to Lane Cove Historical Society;

            b)         $7,500 to Lane Cove Art Society;

            c)         $197,000 to Lane Cove Community Aid; and

d)         a discussion be held with the leasee of the Aquatic Centre regarding the provision of a suitable quality of pool entry passes for use by Lorna Hodgkinson Sunshine Home.

 

2.         Allocates funds to continue the Village Xpress Bus Service for up to $80,000 until             any s of a review of community transport services can be considered.

 

3.         Hosts the Community Grants Presentation Ceremony on 6 August 2008 as part of             the Financial Assistance Grants process.

 

 

 

General Managers Report No. 14

SUBJECT: Little Lane Carpark Redevelopment - Tenders to Prepare a Development Application

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council:-

 

1.   Receive and note the report ‘Little Lane Carpark Redevelopment – Tenders to Prepare a Development Application’ .

 

2.   Accept the tender submitted by Davis Landgon Australia Pty Ltd.   

3.   Request the General Manager, when reporting back at the end of Stage 1, advise on progress to incorporate an at grade link between the public carpark within this project and Longueville Road.

4.   Request the General Manager write to all unsuccessful Tenderers thanking them for the quality of their respective submissions.

 

 

 

PROCEDURAL MOTION

121

RESOLVED on the motion of Councillors Smith and Teirney that Council move out of Closed Committee and into open Council.

 

The Mayor declared the  motion carried unanimously.

 

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. 13

SUBJECT: Legal Advice - Acquisition of 47 Burns Bay Road Lane Cove, (Former Lane Cove Police Station) site

122

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

 

1.         Council note the legal advice from Mr John Boland of Matthews Folbigg.

 

2.         Council proceed with the acquisition.

 

3.         Council suspend the covenant relating to 47 Burns Bay Road under the Draft LEP.

 

The Mayor declared the  motion carried unanimously.

 

Human Services Division Report No. 6

SUBJECT: Architectural Services for Lane Cove Library

123

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

 

1.         Accept the revised fee proposal submitted by Stephenson and Turner International             Pty Ltd for the provision of architectural services in relation to the Library Fit-out.

 

2.         Accept the fee proposal submitted by Stephenson and Turner for the services of an             Access Consultant for the Lane Cove Library fit-out.

 

3.         Approve the engagement of a Sustainability Consultant to work with the engaged             architects in relation to the Lane Cove Library fit-out.  Funding for this consultancy to be provided from the Sustainability Levy.

 

4.         Authorise the General Manager to enter into a contract with Stephenson and             Turner             International Pty Ltd for Architectural Services in relation to the Library Fit-       out.

 

The Mayor declared the motion carried unanimously.

 

Human Services Division Report No. 7

SUBJECT: Financial Assistance to Community Groups 2008/09

124

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

 

That Council :-

 

1.         Gives Public Notice of the proposed Financial Assistance Grants to Community             Groups for 2008/2009, and subject to no objections being received, grant the funds             as outlined in Part 1 subject to the following changes:-

            a)         $2,500 to Lane Cove Historical Society;

            b)         $7,500 to Lane Cove Art Society;

            c)         $197,000 to Lane Cove Community Aid; and

d)         a discussion be held with the leasee of the Aquatic Centre regarding the provision of a suitable quality of pool entry passes for use by Lorna Hodgkinson Sunshine Home.

 

2.         Allocates funds to continue the Village Xpress Bus Service for up to $80,000 until             any s of a review of community transport services can be considered.

 

3.         Hosts the Community Grants Presentation Ceremony on 6 August 2008 as part of             the Financial Assistance Grants process..

 

The Mayor declared the motion carried unanimously.

 

General Managers Report No. 14

SUBJECT: Little Lane Carpark Redevelopment - Tenders to Prepare a Development Application

 

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

 

1.   Receive and note the report ‘Little Lane Carpark Redevelopment – Tenders to Prepare a Development Application’ .

 

2.   Accept the tender submitted by Davis Landgon Australia Pty Ltd.   

3.   Request the General Manager, when reporting back at the end of Stage 1, advise on progress to incorporate an at grade link between the public carpark within this project and Longueville Road.

4.   Request the General Manager write to all unsuccessful Tenderers thanking them for the quality of their respective submissions.

 

125

The motion was put to the Meeting and declared carried.

 

For the Motion were Councillors D'Amico, Freedman, Lawson, Smith and Teirney (Total 5).

Against the Motion were Councillors Gaffney and Longbottom (Total 2).

 

CLOSE

 

The meeting closed at 11:39pm.

 

Confirmed at the Ordinary Council Meeting of 5th May 2008, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document3