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Minutes

Ordinary Council Meeting

2 June 2008, 7:00pm.

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


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

 

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

 

DECLARATIONS OF INTEREST:

 

Nil.

 

APOLOGIES                                                     

Apologies be received on behalf of Councillor A. Smith.

157

RESOLVED on the motion of Councillors Longbottom 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 Rev. Jean Winter from St Aiden’s Church, Longueville.

 

The Mayor advised Council of the recent death of Ruth Sefton, the former Secretary to the Town Clerk and the Mayor of Lane Cove.   He also advised of the death of the father of Councillor Joe Hassarati.    The Council stood and observed a minute’s silence.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

SUSPENSION OF STANDING ORDERS

158

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

 

The Mayor declared the motion carried unanimously.

 

The following persons addressed Council:-

 

Laraine Toms, 22 Parklands Avenue Lane Cove regarding the DLEP.  

 

Maureen Martin, 45 Parklands Avenue Lane Cove presented Council with a petition from the Parklands Avenue area.

 

The Mayor advised the gallery of the Extra Ordinary meeting scheduled to be held on Tuesday 10 June 2008 to give consideration to Council’s DLEP.

 

Steve McKenna 42 Parklands Avenue Lane Cove regarding the DLEP.  

 

Mr Benjamin Austin on behalf of his parents who own property in Ulonga Avenue Greenwich, regarding parking restrictions in Ulonga Avenue and access to Waterbrook for Fire trucks.

 

Acting Commander Johnston from NSW Fire Brigades regarding vehicles parked in Ulonga Avenue impeding access for Fire trucks.

 

Mr Alan Whinney 15 Innes Road Greenwich regarding a submission from Waterbrook to have the official address changed from Pacific Highway to 6 Ulonga Avenue, Greenwich.

 

Councillor Teirney left the chamber at 7:34pm and rejoined the meeting at 7:37pm.

 

Mr David Cant, Architect representing owners of 44 & 46 Mary Street Longueville regarding DA for 6 Wharf Road Longueville and suggesting a compromise.

 

The Mayor asked the parties concerned with the DA for 6 Wharf Road Longueville to mediate in an adjourning room.   He advised that Council would consider this matter later in the meeting.

 

Lorraine Waldron 38 King William Street Greenwich regarding the DA for 40 King William Street.

 

Resumption of Standing Orders

159

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

 

The Mayor declared the motion carried unanimously.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 19 MAY 2008

160

RESOLVED on the motion of Councillors Tudge and D'Amico that the minutes of the Ordinary Council meeting held on the 19 May 2008 be received and confirmed.

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

161

RESOLVED on the motion of Councillors Longbottom and Hassarati that the Report of Inspection Committee No 3 and the Referred Reports be deferred to later in the meeting to allow time for mediation between the applicants and objectors.

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 13

SUBJECT: Meeting in the Plaza - Saturday 28th June 2008

162

RESOLVED on the motion of Councillors Tudge and Teirney that Councillors Teirney and Lawson attend the Meeting in the Plaza on 28 June 2008.

 

 

The Mayor declared the motion carried unanimously.

 

Order Of The Day No. 14

SUBJECT: Citizenship Ceremony - Wednesday 11 June 2008

163

RESOLVED on the motion of Councillors D'Amico and Gaffney that Councillor D’Amico attend the Citizenship Ceremony on Wednesday 11th June 2008 and speak to the new citizens about local government.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 35

SUBJECT: Draft Guidelines for Capital Expenditure Projects

164

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

 

1.   The Report be received and noted.

 

2.   Council advise the Department of Local Government that it supports the proposed guidelines. 

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 36

SUBJECT: Determination of Local Government Remuneration Tribunal for Councillors Fees

165

RESOLVED on the motion of Councillors Teirney and Gaffney that the fee to be paid to the Mayor and Councillors for 2008/2009 be the maximum allowed for the range.

 

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 13

SUBJECT: Street Lighting Status Report

166

RESOLVED on the motion of Councillors D'Amico and Tudge that Council again write to Energy Australia strongly objecting to the proposed increased charges associated with adopting more energy efficient lighting for residential roads.

 

 

The Mayor declared the motion carried unanimously.

 

Matter Arising

167

RESOLVED on the motion of Councillors Tudge and D'Amico that Council request NSROC to make representations considering joint actions.

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Report No. 14

SUBJECT: Sydney Airport Runway Safety Enhancement Project

168

RESOLVED on the motion of Councillors Freedman and Tudge that Council

 

1.         Make a submission to the Sydney Airport Corporation Limited on the Runway End Safety Enhancement Draft Major Development Plan that highlights the following issues: -

 

-                      Greater use should be made of Flight Track I during the project.

-                      Shared use of north-south runways 16R and 34R be programmed during the closure of the East-West runway to ensure the optimum sharing of traffic movements occurs across all Flight Tracks, thus maximising the available respite periods and minimising increased aircraft noise for those affected during the project.

-                      Monitoring of air pollution be undertaken as a result of the additional flights, particularly on Flight Track C, and that appropriate counter measures be investigated and utilised to minimise these impacts.

-                      Those responsible for the project ensure that the construction period, particularly for the full closure, of the East-West Runway End Safety Enhancement project be minimised as much as possible.

 

2.         Provide a copy of its submission to the Honourable Joe Hockey MP, as Lane Cove’s Federal Representative on SACF.

 

 

The Mayor declared the motion carried unanimously.

 

Matter ARISING

169

RESOLVED on the motion of Councillors Longbottom and Tudge that Council write to SACF expressing concern regarding the Northern Representative on SACF is not from the north.

 

The Mayor declared the motion carried unanimously.

 

Reports Of Committees

 

Report Of Committees No. 3

SUBJECT: Inspection Committee

It was noted that Councillor Freedman’s apology was acknowledged at the Inspection Committee

 

170

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

 

 

The Mayor declared the motion carried unanimously.

 

Referred Reports

 

Environmental Services Division Report No. 211

SUBJECT: 6 Wharf Road, Longueville

Suspension of Standing Orders

171

RESOLVED on the motion of Councillors Teirney and D'Amico that Standing Orders be suspended to allow members of the gallery to address Council.

 

The Mayor declared the motion carried unanimously.

 

Councillor Hassarati vacated the chamber at 8:12pm and rejoined the meeting at 8:15pm.

 

The following persons addressed Council regarding the DA for 6 Wharf Road, Longueville:-

 

David Cant, Architect

Geoff Aldrich of 46 Mary Street Longueville.

Chris Simkin of 44 Mary Street Longueville

Kerry Nash, Planner for owners of 44 & 46 Mary Street, Longueville

Mr Sarrich, Planner for owners of 6 Wharf Road Longueville

 

RESUMPTION OF STANDING ORDERS

172

RESOLVED on the motion of Councillors Gaffney and D'Amico that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

 

ADJOURNMENT

 

The Council meeting was adjourned at 8:24pm.

 

The Mayor opened the Services and Resources Committee Meeting at 8:25pm and adjourned it.

 

RESUMPTION

 

The Council meeting was resumed at 8:26pm.

 

173

RESOLVED on the motion of Councillors Longbottom and D’Amico that pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D240/07 for construction of a two storey dwelling house and an in ground swimming pool with associated landscaping on lot 501 DP 1110586 and known as 6 Wharf Road, Longueville subject to the following conditions.

 

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

-          2E, dated 25.3.08

-          3D dated 25.3.08

-          4E dated 31.5.08

-          5E dated 31.5.08

-          6F dated 31.5.08

By SMC Design.

 

-          TFA3148/01 Sheet 1 of 2 dated 31/07/2007 by Toby Fiander & Associates (Drainage Plans)

 

2.         Upon completion of the roof structure the applicant is to submit a surveyor’s certificate to Council, and the owners of 44 and 46 Mary Street, verifying compliance with the overall ridge height over bedroom 1 being no greater than RL30.12.

 

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

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

15.       (49) 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.

 

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

 

17.       (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.

 

18.       (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.

 

19.       (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".

 

20.       (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".

 

21.       (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.

 

22.       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.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

g).        pool structure

 

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

 

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

 

26.       (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.

 

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

 

a          Dampcourse level;

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.

 

28.       (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.

 

29.       (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.

 

30.       (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.

 

31.       (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.

 

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

 

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

 

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

 

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

 

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

 

38.       (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.

 

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

 

40.       (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.

 

41.       (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.

 

42.       (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.

 

43.       (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.

 

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

 

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

 

46.       (317) A 1.8 m high chain mesh fence shall be erected around the Brushbox street tree located in front on 8 wharf Road. This Tree Protection Zone shall be a minimum radial distance of 4 m from the trunk of the Brushbox tree. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

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

 

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

 

General Engineering Conditions

 

48.       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.

 

49.       Control of Stormwater Runoff.  Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to the registered easement. 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.

 

50.       Rainwater Reuse Tanks

            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 registered easement via a boundary pit.

 

51.       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.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

52.       Existing Drainage Easement.   Documentation of the registration of the drainage easement is to be submitted with the Construction Certificate application.

 

53.       Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan TFA3148/01 Sheet 1 of 2            prepared by Toby Fiander & Associates dated 31/07/2007

 

            In this project the above engineering plans are satisfactory as Concept plans. The design engineer is to certify that the design fully complies 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

 

            The Principle Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to independently determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

54.       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.

            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.

 

55.       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:-

            Seek independent advice from an Engineer on the impact of the proposed             excavations on the      adjoining properties.

 

            Detail what measures are to be taken to protect those properties from             undermining    during construction.

            Provide Council with a certificate from the engineer on the necessity and             adequacy of  support for the adjoining properties.

            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 on 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.

56.       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.

 

57.       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.

 

58.       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.

 

59.       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

 

60.       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.

 

61.       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. 

 

62.       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.

 

63.       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.

 

64.       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’.

 

65.       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

 

66.       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.

 

67.       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.

 

            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.

 

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

 

            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.

 

 

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

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

 

Environmental Services Division Report No. 197

SUBJECT: 40 King William Street, Greenwich

SUSPENSION OF STANDING ORDERS

174

RESOLVED on the motion of Councillors Longbottom and D'Amico that Standing Orders be suspended to allow interested parties to speak on the Development Application.

 

The Mayor declared the motion carried unanimously.

 

The following persons addressed Council regarding the Development Application for 40 King William Street Greenwich.

 

Andrew Smith, owner of 40 King William Street, Greenwich.

Mr McGuiness Planner, for the owners of 40 King William Street, Greenwich

 

RESUMPTION OF STANDING ORDERS

175

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

 

The Mayor declared the motion carried unanimously.

176

RESOLVED on the motion of Councillors D’Amico and Freedman that Council as the consent authority pursuant to section 80 (1) (a) of the Environmental Planning & Assessment Act 1979 grant consent to Development Application No. 378/2007 for demolition of the existing dwelling house and construction of a two storey dwelling house and a single detached garage at the rear of the property on Lot 27, DP 3101 and known as 40 King William Street, Greenwich, subject to the following conditions:

 

1.         (20) That the development be strictly in accordance with following drawings dated 17/4/2008 prepared by Walter Barda Design Pty Ltd:

 

-           Proposed Site Plan, A1002-A; issue A

 

-           Waste Management & Sedimentation Control Plan, A1003-A

 

-           Landscape Plan, A1901, issue A;

 

-           Ground Floor Plan, A2101 issue B

 

-           First Floor Plan, A2102-B

 

-           Elevations, A3101-A

 

-           Sections, A3201-A

                        and dated 3 June 2008.

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

7.         (34) Fences adjoining the access strip not exceeding 900 mm in height between the existing dwelling-house (building line) and the street frontage.

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

11.       (39) The building and the bike garage shall not be used for separate occupation or commercial purposes.

 

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

 

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

 

13.       (49) 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.

 

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

 

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

 

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

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

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing.

 

17.       (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.

 

18.       (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.

 

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

 

a          The establishment of the first floor level;

b          The roof framing; and

c          The completion of works.

 

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

 

20.       (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.

 

21.       (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.

 

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

 

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

 

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

 

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

 

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

 

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

 

28.       (130)  Compliance with the Waste Management Plan submitted with the development application .

 

29.       (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.

 

30.       (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.

 

31.       (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.

 

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

 

Landscaping Conditions

 

33.       (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.

 

34.       (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.

 

35.       (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.

 

36.       (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.

 

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

 

38.       (new) The Jacaranda tree and Cypress tree at the rear of the site must be retained and protected. A 1.8 m high fence of chain mesh shall be erected around the two trees encompassing a radial distance of not less than four (4) metres from the base of the Jacaranda tree. This tree protection area is to also contain the Cypress tree. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

A waterproof sign must be placed on the tree protection fencing stating ‘NO ENTRY TREE PROTECTION 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.

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. 

39.       (new)  Footing, trench, or excavation that is within 4 metres of trees to be retained must be dug by hand. No roots greater than 40mm in diameter are to be severed or damaged and must remain intact.

40.       (new) Footings within 4 metres distance of the two trees to be retained must accommodate existing roots growing from the trees. If roots greater than 40 mm in diameter are encountered during hand excavation, pier and beam type footings must be utilized instead of strip footings.

General Engineering Conditions

41.       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.

 

42.       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.

 

43.       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.

 

44.       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.

 

45.       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.

 

46.       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’.

 

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

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

48.       Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan 807/113.H SWD-A001 Rev 1prepared by Armstrong Consulting Engineers

 

In this project the above engineering plans are satisfactory as Concept plans. The Principle Certifying Authority is to satisfy themselves of the adequacy of the above plans for the purposes of construction. They are to independently determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

49.       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.

50.       Excavation greater the 1m

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

The applicant shall:-

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

 

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

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

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

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.

51.       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.

 

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

 

53.       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.

 

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

 

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

Sediment Control Plan:

 

   Location and design criteria of erosion and sediment control structures,

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

   Means of diversion of uncontaminated upper catchment around disturbed areas

   Procedures for maintenance of erosion and sediment controls

   Details and procedures for dust control.

 

Engineering Conditions to be complied with Prior to Commencement of Construction

55.       Materials on Roads and Footpaths. Where the applicant requires the use of council land for placement of building waste, skips or storage of materials a 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. 

 

56.       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.

 

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

 

58.       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’.

 

59.       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

60.       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.

 

61.       Redundant Gutter Crossing.  All redundant gutter and footpath crossings adjacent to the proposed bike garage shall be removed and the kerb and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the occupation certificate.

 

62.       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.

 

63.       Preparation of Geotechnical Report

 

To ensure that the structural integrity of the proposal and neighbouring buildings at 38 and 42 King William Street will be maintained, a full geotechnical report must be submitted to the Council or the PCA and a copy to the respective property owners prior to the issue of a construction certificate and prior to the commencement of excavation works.  The report must include an investigation of site and soil conditions as well as the proposed means of construction and must contain, where required, recommendations to ensure that excavation, backfilling and construction, including temporary works during construction, will not affect the structural integrity of neighbouring buildings or the structural stability of neighbouring public land, property or services.  The report is to be prepared and certified by an appropriately qualified practicing geotechnical engineer.

 

All demolition, excavation, backfilling and construction must be undertaken in accordance with the recommendations of the geotechnical report.

 

 

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

Against the Motion was Councillor Tudge (Total 1).

 

CONFIDENTIAL ITEMS

 

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:

 

Human Services Division Report No. 9

SUBJECT: Financial Assistance Grants - Variations to Funds Granted for Lane Cove Choristers

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.

 

No members of the public made representations.

 

PROCEDURAL MOTION

177

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

                         

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

                

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

                

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

 

The Mayor declared the motion  carried unanimously.

 

Council moved into Closed Committee of the Whole. The public and media left the chamber.

 

Closed Committee of the Whole commenced.

 

Confidential Items

 

Human Services Division Report No. 9

SUBJECT: Financial Assistance Grants - Variations to Funds Granted for Lane Cove Choristers

 

 RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That:-

1.         The information be received and noted.

 

2.         The Lane Cove Choristers be granted an amount of $1,960.

 

3.         The grant be on the proviso that the Lane Cove Choristers liaise with the Manager Community Services to assist the organisation to become properly constituted and that the Choristers show proof of opening a bank account and obtaining public liability insurance.

 

4.         Council gives Public Notice of the proposed Financial Assistance Grant to the Lane Cove Choristers, and subject to no objections being raised, grant an amount of $1,960 as outlined.

 

 

 

PROCEDURAL MOTION

178

RESOLVED on the motion of Councillors Gaffney and Hassarati that Council move out of Closed Council and into open Council.

 

The Mayor declared the  carried unanimously.

 

CONFIDENTIAL ITEMS

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

 

Human Services Division Report No. 9

SUBJECT: Financial Assistance Grants - Variations to Funds Granted for Lane Cove Choristers

179

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

 

1.         The information be received and noted.

 

2.         The Lane Cove Choristers be granted an amount of $1,960.

 

3.         The grant be on the proviso that the Lane Cove Choristers liaise with the Manager Community Services to assist the organisation to become properly constituted and that the Choristers show proof of opening a bank account and obtaining public liability insurance.

 

4.         Council gives Public Notice of the proposed Financial Assistance Grant to the Lane Cove Choristers, and subject to no objections being raised, grant an amount of $1,960 as outlined.

 

 

The Mayor declared the motion carried unanimously.

 

 

CLOSE

 

The meeting closed at 9:02pm.

 

Confirmed at the Ordinary Council Meeting of 16th June 2008, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document2