Minutes
Ordinary Council Meeting
4 August 2008
7:04pm
All
minutes are subject to confirmation at a subsequent
meeting
and may be amended by resolution at that meeting.
Minutes
Ordinary Council Meeting
4 August 2008
7:04pm
All
minutes are subject to confirmation at a subsequent
meeting
and may be amended by resolution at that meeting.
|
|
|
|
Minutes |
|
|
|
|
PRESENT: Councillor I. Longbottom, (Chair), R.
D’Amico, Councillor K. Freedman, Councillor W. Gaffney, Councillor J. Hassarati, 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, Manager - Strategic Planning, Town Planner – Strategic,
Property Information Officer, Director Major Projects and Chief Executive Secretary.
DECLARATIONS OF INTEREST:
Councillor Lawson declared a non-pecuniary interest in
Environmental Services Division Report No. 297 –
Councillor Teirney declared a pecuniary interest in
the section of Environmental Services Division Report 48 – Draft Comprehensive Local Environmental
Plan concerning
Councillor Freedman declared a non-pecuniary interest
in relation to Environmental Services Division Report No. 47 – Draft Amendment
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by Rev Eric
Percival.
The following persons addressed Council:-
June Morgan,
Jill Henry,
James McDonnell,
Abraham Farajian,
Brian McDonald,
Rowena Lau,
Liana Manescu,
Ian Biner, 1A
Natalie Clark, tenant in the Department of Housing property
Louise May,
Ian Cady –
Axel Blom,
Meridith Southwood,
Neil Forbes,
John Cosgrove, regarding the DLEP in respect to
Tim Ingham,
Councillor Teirney vacated the chamber at 7:53pm and rejoined the meeting
at 7:55pm.
Glenda Whiteman, 70 Gordon Crescent, Lane Cove regarding the DLEP in
opposition to the rezoning of
Bob Chambers, - Consultant Planners for Waterbrook, and calling for an
FSR of 1.5:1 for
Noel Liebke,
Stephen Blueth,
Doug Cox,
Violeta Phillips,
Ron Gornall, 2
Maria Williams of Gordon Crescent, Lane Cove regarding the DLEP in
opposition to the rezoning of
Dennis Karp,
Monique
Patricia John,
Pam Palmer,
Councillor D’Amico vacated the chamber at 8:55pm and rejoined the meeting
at 8:59pm.
June Oswald,
Trevor Carapiet,
Councillor Smith vacated the chamber at 9:11pm and rejoined the meeting
at 9:14pm.
Kerry Nash, consultant planner representing owners of
Councillor Tudge vacated the chamber at 9:17pm and rejoined the meeting
at 9:19pm.
Pam Wyatt-Spratt,
David Bowers, 1 &
David Jackson,
Qingsheng Zhou,
Stephen Bowers,
|
251 |
RESOLVED on the motion of
Councillors Smith and Teirney that Standing Orders be resumed. The Mayor declared the
motion carried unanimously. |
ACKNOWLEDGEMENT
OF COUNTRY
The Mayor gave an Acknowledgement of Country.
|
|
A motion was moved by Councillors
Longbottom and Smith that the following reports be brought forward and dealt
with at this time:- Environmental Services
Division Report No. 48 – Draft Comprehensive Local Environmental Plan (DLEP); Environmental Services
Division Report Environmental Services
Division Report No.297 – Environmental Services
Division Report No.280 – |
The
Foreshadowed Motion lapsed.
|
253 |
RESOLVED on the motion of
Councillors Longbottom and Freedman that the points be dealt with ad
seriatum. The Mayor declared the motion carried unanimously. |
ADJOURNED:
The meeting was
adjourned at 10:39pm.
RESUMPTION:
The meeting resumed at
10:51pm.
Councillor
Teirney returned to the chamber.
REFERRED REPORTS
|
SUBJECT: |
|
|
|
A motion was moved by Councillors
Smith and Tudge that pursuant to Section
80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended,
the Council grant consent to Development Application D304/07 for alterations
and additions to existing dwelling house and erection of a carport at 1. (20) That the
development be strictly in accordance with drawing number DA01 to DA06 Issue
B dated Feb08 by Vienna Designs. 2. The first floor balcony towards the rear of the dwelling house is to
be reduced to a depth of 1.8M. Amended plans shall be submitted prior to
issue of Construction Certificate. 3. The proposed external staircase towards the rear of the dwelling
house is to be deleted. Amended plans shall be submitted prior to issue of
Construction Certificate. 4. The proposed first floor shall not project beyond the line of the
existing south facing external wall towards the rear of the dwelling house.
Amended plans shall be submitted prior to issue of Construction Certificate. 5. (1)
The submission of a Construction Certificate and its issue by Council or
Private Certifier PRIOR TO CONSTRUCTION WORK commencing. 6. (2) All building works
are required to be carried out in accordance with the provisions of the
Building Code of Australia. 7. (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. 8. (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. 9. (17) An Occupation Certificate being obtained
from the Principal Certifying Authority before the occupation of the
building. 10. (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. 11. (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. 12. (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. 13. (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. 14. (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. 15. (50) The cleaning out of
ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is
PROHIBITED. 16. (51) A Tree Preservation
Order applies in the 17. Standard Condition (56)
Where Lane Cove Council is appointed as the Principal Certifying Authority,
it will be necessary to book an inspection for each of the following stages
during the construction process. Forty
eight (48) hours notice must be given prior to the inspection being
required:- a) The pier holes/pads
before filling with concrete. b) All reinforcement
prior to filling with concrete. c) The
dampcourse level, ant capping, anchorage and floor framing before the floor
material is laid. d) Framework
including roof and floor members when completed and prior to covering. e) Installation of steel
beams and columns prior to covering f) Waterproofing of wet
areas g) Stormwater drainage
lines prior to backfilling h) Completion. 18. Standard Condition (57) Structural
Engineer's details being submitted to Council and approved PRIOR TO ISSUE OF
CONSTRUCTION CERTIFICATE for the following:- a) underpinning; b) retaining
walls; c) footings; d) reinforced
concrete work; e) structural
steelwork; f) upper
level floor framing; 19. (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. 20. Standard Condition (64) A
check survey certificate is to be submitted at the completion of:- a Dampcourse level; b The establishment of
floor levels; 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. 21. (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. 22. (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. 23. (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. 24. (70) Protection of the
dwelling against subterranean termites must be carried out in accordance with
AS.3660. 25. (78) The site being
properly fenced to prevent access of unauthorised persons outside of working
hours. 26. All waste generated on
site shall be disposed off in accordance with the submitted the Waste
Management Plan. 27. (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. 28. (142) BASIX - Compliance with
all the conditions of the BASIX Certificate lodged with Council as part of
this application. General
Engineering Conditions 29 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. 30 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’. 31 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. 32 Environmental
Pollution Control Pit. A
stormwater pit is to be installed on the existing system, 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 33 Control
of Stormwater Runoff. The
stormwater runoff from the new impervious areas within the development shall
be connected to the existing drainage system in accordance with the
requirements of Lane Cove Council’s DCP Stormwater management. The
existing stormwater system is to be certified that it is in good working
order and meets the requirements set out in Council’s DCP Stormwater
management. The certification is to be carried out by a fully licensed and
insured plumber or a suitably qualified engineer. Where an existing element
does not comply with current standards the subject element is to be replaced.
Where the existing system does not comply with Councils DCP Stormwater
management an application is to be made to Council for approval of an
alternate system. 34 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. 35 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. 36 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. 37 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 38 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. 39 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. 40 Public
Utility Relocation. If any
public services are to be adjusted, as a result of the development, the
applicant is to arrange with the relevant public utility authority the
alteration or removal of those affected services. Any such work being carried
out at the applicant’s cost and prior to the commencement of works. 41 Sediment
and Erosion Control. The
applicant shall install appropriate sediment control devices prior to
any disturbance of the existing site. The devices are to be installed in
accordance with an approved plan. These devices shall be maintained during
the construction period and replaced where considered necessary. Suitable
erosion control management procedures shall be practiced. This condition is
imposed in order to protect downstream properties, Council's drainage system
and natural watercourses from sediment build-up transferred by stormwater
runoff from the site. Engineering
Conditions to be complied with Prior to Occupation Certificate 42 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. 43 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. Foreshadowed Motion A Foreshadowed Motion was
moved by Councillors Freedman and Teirney that pursuant to Section 80(1)(a) of the Environmental Planning and
Assessment Act, 1979, as amended, the Council grant consent to Development
Application D304/07 for alterations and additions to existing dwelling house
and erection of a carport at 1 (20) That the development be strictly in accordance with
drawing number DA01 to DA06 Issue B dated Feb08 by Vienna Designs. 5. (1) The submission of a Construction Certificate and its
issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing. 6 (2) All building works are required to be carried out in
accordance with the provisions of the Building Code of Australia. 7 (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. 8. (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. 9 (17) An Occupation
Certificate being obtained from the Principal Certifying Authority before the
occupation of the building. 10 (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. 11 (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. 12 (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. 13 (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. 14. (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. 15 (50) The cleaning out of ready-mix concrete trucks,
wheelbarrows and the like into Council's gutter is PROHIBITED. 16 (51) A Tree Preservation Order applies in the 17 Standard Condition (56) Where Lane Cove Council is
appointed as the Principal Certifying Authority, it will be necessary to book
an inspection for each of the following stages during the construction
process. Forty eight (48) hours notice
must be given prior to the inspection being required:- a) The pier holes/pads
before filling with concrete. b) All reinforcement
prior to filling with concrete. c) The
dampcourse level, ant capping, anchorage and floor framing before the floor
material is laid. d) Framework
including roof and floor members when completed and prior to covering. e) Installation of steel
beams and columns prior to covering f) Waterproofing of wet
areas g) Stormwater drainage
lines prior to backfilling h) Completion. 18 Standard Condition (57) Structural Engineer's details being
submitted to Council and approved PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
for the following:- a) underpinning; b) retaining
walls; c) footings; d) reinforced
concrete work; e) structural
steelwork; f) upper
level floor framing; 19 (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. 20. Standard Condition (64) A check survey certificate is to be
submitted at the completion of:- a Dampcourse level; b The establishment of
floor levels; 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. 21 (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. 22 (67) (a) The use of mechanical rock pick
machines on building sites is prohibited due to the potential for damage to
adjoining properties. (b) Notwithstanding the prohibition under
condition (a), consideration will be given to the use of rock pick machines
and may be approved by Council subject to:- (5) A Geotechnical Engineer's Report that
indicates that the rock pick machine can be used without causing damage to
the adjoining properties. (6) The report details the procedure to be
followed in the use of the rock pick machine and all precautions to be taken
to ensure damage does not occur to adjoining properties. (7) With the permission of the adjoining
owners and occupiers comprehensive internal and external photographs are to
be taken of the adjoining premises for evidence of any cracking and the
general state of the premises PRIOR TO ANY WORK COMMENCING. Where approval of the owners/occupiers is
refused they be advised of their possible diminished ability to seek damages
(if any) from the developers and where such permission is still refused
Council may exercise its discretion to grant approval. (8) The Geotechnical Engineer supervises
the work and the work has been carried out in terms of the procedure laid
down. COMPLIANCE
WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE
OF THE CONSTRUCTION CERTIFICATE. 23 (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. 24. (70) Protection of the dwelling against subterranean
termites must be carried out in accordance with AS.3660. 25 (78) The site being properly fenced to prevent access of
unauthorised persons outside of working hours. 26. All waste generated on site shall be disposed off in
accordance with the submitted the Waste Management Plan. 27. (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. 28 (142) BASIX - Compliance
with all the conditions of the BASIX Certificate lodged with Council as part
of this application. General
Engineering Conditions 29 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. 30 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’. 31 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. 32 Environmental
Pollution Control Pit. A
stormwater pit is to be installed on the existing system, 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 33 Control
of Stormwater Runoff. The
stormwater runoff from the new impervious areas within the development shall
be connected to the existing drainage system in accordance with the
requirements of Lane Cove Council’s DCP Stormwater management. The
existing stormwater system is to be certified that it is in good working
order and meets the requirements set out in Council’s DCP Stormwater
management. The certification is to be carried out by a fully licensed and
insured plumber or a suitably qualified engineer. Where an existing element
does not comply with current standards the subject element is to be replaced.
Where the existing system does not comply with Councils DCP Stormwater
management an application is to be made to Council for approval of an
alternate system. 34 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. 35 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. 36 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. 37 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 38 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. 39 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. 40 Public
Utility Relocation. If any
public services are to be adjusted, as a result of the development, the
applicant is to arrange with the relevant public utility authority the
alteration or removal of those affected services. Any such work being carried
out at the applicant’s cost and prior to the commencement of works. 41 Sediment
and Erosion Control. The
applicant shall install appropriate sediment control devices prior to
any disturbance of the existing site. The devices are to be installed in
accordance with an approved plan. These devices shall be maintained during
the construction period and replaced where considered necessary. Suitable
erosion control management procedures shall be practiced. This condition is
imposed in order to protect downstream properties, Council's drainage system
and natural watercourses from sediment build-up transferred by stormwater
runoff from the site. Engineering
Conditions to be complied with Prior to Occupation Certificate 42 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. 43 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. |
|
259 |
The Motion was put to the Meeting and declared
carried. For the Motion were Councillors D'Amico, Gaffney,
Hassarati, Lawson, Longbottom, Smith and Tudge (Total 7). Against the Motion were Councillors Freedman and
Teirney (Total 2). |
The Foreshadowed Motion lapsed.
|
SUBJECT: |
|
|
Councillor Lawson vacated
the chamber and took no part in discussion of voting. |
|
|
|
MOTION A motion was moved by Councillors
Longbottom and Hassarati that the General
Manager prepare conditions for approval of the Development Application and
the matter be returned to the next meeting of Council. Foreshadowed Motion A Foreshadowed Motion was moved by Councillors Tudge and Smith that Council
refuse the proposed section 96 modification sought to development consent
302/2007 granted on 29 April 2008 for demolition of existing first floor,
swimming pool and front fence and
alterations and addition to existing dwelling house including first
floor addition, swimming pool, carport and front fence on 12 Chisholm Street,
Greenwich for the following reasons: 1. To retain and
where appropriate improve the existing residential amenity of a detached
single family dwelling area. 2. The proposal does not comply with
Councils Code for Dwelling Houses. As per Clause 3.3 1(i) of the Code, the
ceiling height should not be more than 7.0m. The proposed ceiling height is 8.8M (stair roof) which
exceeds of the maximum permissible. 3. The proposal does not comply with Councils
Code for Dwelling Houses. As per Clause 3.3 (3) of the Code, no dwelling
house will be permitted to exceed two storeys in height above natural ground
level at any point. The portion of the stair leading up to the roof terrace
forms a third storey. 4. The proposal does not comply with
Councils Code for Dwelling Houses. As per Clause 3.6 (3) of the Code,
elevated decks more than 1.0m above the natural ground level are not to
exceed a width of 3.0m of usable area. The proposed width of the deck is 4.5m
which is much in excess of the maximum permissible. 5. The proposed terrace has a potential
to overlook the adjoining properties which would impact adversely upon their
residential amenity in terms of visual and acoustic privacy. 6. The proposal would set a precedent
for roof top terraces which would adversely impact upon the privacy adjoining
properties. |
|
|
Upon being put to the Meeting, the motion was
declared lost. For the Motion were Councillors D'Amico, Hassarati
and Longbottom (Total 3). Against the Motion were Councillors Freedman,
Gaffney, Smith, Teirney and Tudge (Total 5). Absent:
Councillor Lawson. |
|
260 |
The Foreshadowed Motion became the motion, was put
to the meeting and declared carried. For the Motion were Councillors Freedman, Gaffney,
Smith, Teirney and Tudge (Total 5). Against the Motion were Councillors D'Amico,
Hassarati and Longbottom (Total 3). Absent: Councillor Lawson. |
Councillor Lawson
rejoined the meeting.
|
SUBJECT: |
|
|
|
A motion was moved by
Councillors Longbottom & Gaffney that the General Manager prepare
conditions of approval that include the deletion of 2 floors of accommodation,
1.5 levels of basement parking and the open air spa and return the matter to the next
Council Meeting for determination. Foreshadowed Motion A Foreshadowed Motion was moved by Councillors Lawson and Tudge that pursuant
to Section 80(1) (b) of the Environmental Planning and Assessment Act, 1979,
as amended, the Council refuses development consent to Development
Application D65/08 for Demolition of the existing building and construction
of a ten (10) storey, one hundred (100) bed room motel with three (3) levels
of basement parking, restaurant, conference rooms, roof top SPA & entertainment
area at 196 Pacific Highway, Greenwich for the following reasons: - 1. The proposal does not comply with the
provisions of Council’s Draft Lane
Cove Local Environmental Plan 2007 with regards to maximum permissible height limit. The maximum height requirement is 15m (approx 5 storeys above ground). The proposal is for
a maximum height of 30m (approx 10
storeys above ground) which is much in excess of the maximum permissible
height limit. 2. The proposal does not
comply with the provisions of Council’s Draft Lane Cove Local Environmental Plan 2007 with regards to maximum permissible floor space ratio. The maximum permissible floor space
ratio is 0.8:1. The proposed floor space ratio is 4.29:1 which is much in
excess of the maximum permissible. 3. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to the objective. The
proposal should enhance the existing high
standard of residential development in the 2(c) Zone. The proposal does not enhance the existing standard of residential development.
The proposal would dominate the adjoining developments. 4. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Minimum site area.
Minimum site area required for a motel development is 2000sq. m. The area of
the subject site is 696.18 m2
which is much less than the minimum requirement. 5. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Building Design and
Scale. The proposal should be sympathetic to
the adjoining and surrounding buildings in terms of height, the materials
used, roof pitch, and overall building character. The adjoining building, ‘Urban’ motel is 5
storey and the adjoining residential flat building is 2-3 storey. The
proposed building is 10 storeys, which is much in excess of the adjoining
buildings. Therefore the proposal is not considered sympathetic to the
adjoining buildings. 6. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Building Design and
Scale. The area of the site devoted to
driveways and vehicle turning areas should be minimised. A substantial portion of the front setback area
is devoted to driveway and vehicle turning areas. 7. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Building Design and
Scale. Designs which include an excessive paved
area are not acceptable. The
entire site is paved because the basement extends across the entire site. 8. The proposal does not comply with
Council’s Residential Zones Development
Control Plan Part VI – Motels with regards to the height of the building. The height of motel developments are to match, or be less
than, the heights of adjoining or nearby residential flat development. The height of the proposed building would be
nearly double the height of the adjoining building. 9. The proposal does not comply
with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Views and
Overshadowing. The proposal would impact adversely upon the city views of the
adjoining building towards the north. The proposal would significant impact
upon the adjoining buildings in terms of overshadowing. 1-15 10. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to building setbacks. Building setbacks from a public street are to match that
of neighbouring residential development. The adjoining RFB has a front setback of 9.0m. The proposed building
has a front setback of 7.325m measured from the edge of the balcony which is
less than that of the adjoining building. 11. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to side boundary
setbacks. Side boundary setbacks should not
be less than that of neighbouring or nearby flat development. The adjoining RFB has a side setback of 3.0m
and the ‘Urban’ hotel has a side setback of nearly 5.0m. The proposed
building has a side setback of 2.0m for external walls and only 1.5m measured
from the edge of the balcony towards the southern side which is less than
that of the adjoining building. 12. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to rear boundary
setback. Rear boundary setbacks should not
be less than that of neighbouring or nearby flat development. The adjoining RFB has a rear setback of nearly
8.0m and the ‘Urban’ hotel has a rear setback of nearly 13.0m. The proposed
building has a rear setback of 3.0m for external wall and only 1.2m measured
from the edge of the balcony which is less than that of the adjoining
building. 13. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Landscaping. Fifty percent (50%) of the site should be landscaped. The basement extends across the full area of
the site. Therefore, there is no landscape area on the site. 14. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to off street car
parking requirement. The car spaces required are 107. This does not take into
consideration the spaces required for restaurant/ convention/ conference. The
car spaces provided are only 46 which are much less than the minimum required. 15. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to off street car
parking requirement. The provision of car
parking spaces shall not be permitted within 10 metres of the road to which
the site has frontage. Two car
spaces have been provided within the front building line. 16. The following information
has not been submitted to Council for the assessment of the application. · An acoustic report
carried out in accordance with the NSW Industrial Noise Policy. · Detailed plans
showing the fitout of the kitchen and storage areas in relation to the Food
Safety Standards.” 17. The proposed excavation
works for the basement floor R.L will impact on the structural integrity of
mature screen trees on neighbouring properties to the north and south of the
site. The proposed development will necessitate the removal of 22 of the
aforementioned trees and the possible retention of five (5) trees which is
not supported. 18. No provision has been made for delivery/service vehicles as detailed
in the RTA Guide to Traffic Generating
Developments other than by using the guest waiting spaces (C1 and C2).
Concerns are raised regarding vehicle access and the ability of
delivery/service vehicles to perform a 3-point turn internally to exist the
property in a forward direction. 19. The RTA raises concerns regarding the design of the ground floor
parking area as there is limited room for manoeuvring, particularly if
delivery/service vehicles and waiting cars are present simultaneously. The
proposed development would need to provide two waiting area parking spaces
plus a service vehicle space plus a vacant space to be used as a turn around
area. 20. A management plan, which would address how the vehicles entering the
site will be managed should the car lift become in-operable or the car
parking area is full has not been provided. The plan requires approval
by the RTA. 21. If provision of car parking spaces is made at an amount as per
Council’s parking code which requires 107 spaces, then RTA would raise
concerns with regards to the increased traffic generation and the impact on
the operational efficiency of the neighbouring traffic signals on the 22. The proposed driveway is
not in accordance with AS2890.1 – 2004 as the requirement is 6 metres. The
proposal provides a 5 metre wide two – way driveway. The driveway narrows to
4 metres on approach to the existing car park at the rear of the site. The
driveway can be narrowed up to 5.5 metres internally. In this aspect the
driveway does not comply. 23. The internal design of
the carpark and layout does comply in relation to the configuration and
position of some parking spaces. 24. Car Spaces No’s 19 &
20 are not acceptable in that location as they block other parking spaces. 25. There is no adequate
manoeuvring around car spaces No’s 18 and 15. 26. The car spaces between
the wall and the Car Lifts require an additional 600mm for door openings. 27. Bicycle
parking area has not been provided. |
|
261 |
The motion was put to the Meeting, and declared
carried. For the Motion were Councillors D'Amico, Gaffney,
Hassarati, Longbottom and Smith (Total 5). Against the Motion were Councillors Freedman,
Lawson, Teirney and Tudge (Total 4). The Foreshadowed Motion lapsed. |
|
CONFIRMATION OF MINUTES OF
ORDINARY COUNCIL MEETING - 21 JULY 2008 |
|
|
262 |
RESOLVED on the motion of
Councillors Smith and Tudge that the minutes
of the Ordinary Council meeting held on the 21 July 2008 be received &
adopted. The Mayor declared the motion carried unanimously. |
|
SUBJECT: Inspection Committee Minutes |
|
|
RESOLVED on the motion of Councillors Longbottom and Gaffney
that the report be received and noted. |
|
|
|
The Mayor
declared the motion carried unanimously. |
Councillor
Teirney rejoined the meeting.
Corporate Services
Division Reports
Environmental Services
Division Reports
|
CONFIRMATION
OF MINUTES OF Services
and Resources Committee Meeting - 21 JULY 2008 |
|
|
|
RESOLVED on the motion of
Councillors Teirney and Gaffney that the minutes of the Services and
Resources Committee Meeting held on the 21 July 2008 be received and
confirmed. The Mayor declared the motion carried unanimously. |
General Managers Reports
|
SUBJECT: Monthly Review June / July 2008 |
|
|
RESOLVED on the motion of Councillors Smith and Gaffney that the
information be received and noted. |
|
|
|
The Mayor
declared the motion carried unanimously. |
APOLOGY
Councillor
Longbottom apologised to the Council for having called the Council draconian at
the meeting of 21 July 2008.
CLOSE
The meeting closed at 11:59pm.
Confirmed at the Ordinary Council Meeting of 18 August 2008, at which meeting the signature herein
is subscribed.
MAYOR
********* END OF
MINUTES *********
MEETING FILE REF: Document2