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Minutes

Ordinary Council Meeting

18 August 2008 6:37pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 18 August 2008

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom, (Chair), R. D’Amico, Councillor K. Freedman, Councillor W. Gaffney,  Councillor J. Hassarati, Councillor T. Lawson, Councillor A. Smith, 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 – Development Assessment, Director Major Projects and Chief Executive’s Secretary.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Fr Martin Maunsell, St Michael’s Catholic Church.

 

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:

 

Mayoral Minute No. 4

SUBJECT: Performance Review of the General Manager

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 and report contains personal information concerning the performance of staff.

 

 

Human Services Division Report No. 13

SUBJECT: Lane Cove Aquatic Leisure Centre

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

 

 

All members of the public and media in the chamber.   

 

PROCEDURAL MOTION

275

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

                         

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

                

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

                

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

 

The Mayor declared the motion carried unanimously.

 

Closed Committee of the Whole commenced.   All staff with the exception of the General Manager left the chamber.   

 

Mayoral Minute No. 4

SUBJECT: Performance Review of the General Manager

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council:-

 

1.                  Endorse the very satisfactory Performance Review of the General Manager, Mr Brown.

2.                  Endorse the General Manager’s 2008/2009 Performance Agreement.

 

 

All staff returned to the chamber.

 

Human Services Division Report No. 13

SUBJECT: Lane Cove Aquatic Leisure Centre

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That:

 

1.                  The Information be received and noted.

2.                  The General Manager progress the matter as recommended by Council’s legal advisors.

 

PROCEDURAL MOTION

276

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

 

The Mayor declared the motion carried unanimously.

 

Open Council resumed

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an Acknowledgement of Country.

 

CONFIDENTIAL ITEMS

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

 

Mayoral Minute No. 4

SUBJECT: Performance Review of the General Manager

277

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

 

1.                  Endorse the very satisfactory Performance Review of the
General Manager, Mr Brown.

2.                  Endorse the General Manager’s 2008/2009 Performance Agreement

 

 

The Mayor declared the motion carried unanimously.

 

Human Services Division Report No. 13

SUBJECT: Lane Cove Aquatic Leisure Centre

278

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

 

1.                  The Information be received and noted.

2.                  The General Manager progress the matter as recommended by Council’s legal advisors

 

 

The Mayor declared the motion carried unanimously.

 

DECLARATIONS OF INTEREST:

 

Nil.

 

Councillor D’Amico vacated the chamber at 7:02pm.

 

SUSPENSION OF STANDING ORDERS

279

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

 

The Mayor declared the motion carried unanimously.

 

The following people addressed Council:-

 

Heather Oswald on behalf of her mother, June Oswald of 13/200 Pacific Highway opposing the Development Application for 196 Pacific Highway

 

Councillor D’Amico rejoined the meeting at 7:06pm.

 

David Harley 10 Bellevue Avenue Greenwich opposing the Development Application for 196 Pacific Highway.

 

Axel Blom 3/198 Pacific Highway opposing the Development Application for 196 Pacific Highway.

 

Councillor Teirney left the chamber at 7:15pm and rejoined the meeting at 7:16pm.

 

Stephen McJohn owner of Greenwich Inn, 196 Pacific Highway, in favour of the Development Application for 196 Pacific Highway.

 

Pam Palmer on behalf of the Greenwich Community Association regarding the DLEP, development of accommodation buildings along Pacific Highway and opposing the Development Application for 196 Pacific Highway.

 

Meridith Southwood 17 Mitchell Street Greenwich on behalf of Greenwich Community Association opposing the Development Application for 196 Pacific Highway.

 

Doug Stuart 21A William Edward Street Longueville opposing the Development Application for 196 Pacific Highway and urging Council to delay the Little Lane Carpark Development Stage 2 until the Woolworths development has been completed.

 

Michelle Beddows 2/198 Pacific Highway opposing the Development Application for 196 Pacific Highway.

 

Pam Wyatt-Spratt 4/198 Pacific Highway opposing the Development Application for 196 Pacific Highway and requesting security outside Council buildings after meetings.

 

Alan Winney 15 Innes Road, Greenwich opposing the Development Application for 196 Pacific Highway.

 

Amanda Cottome representing the Urban Hotel, 194 Pacific Highway opposing the Development Application for 196 Pacific Highway.

 

Helen Jones 7 Bellevue Avenue opposing the Development Application for 196 Pacific Highway.

 

Terry Jones 7 Bellevue Avenue opposing the Development Application for 196 Pacific Highway.

 

Resumption of Standing Orders

280

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

 

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

281

RESOLVED on the motion of Councillors Longbottom and Gaffney that Environmental Services Division Report No. 342 – 196 Pacific Highway and Orders of the Day be brought forward and considered at this time.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 342

SUBJECT: 196 Pacific Highway

 

MOTION

 

A motion was moved by Councillors Longbottom and Smith that the application for demolition of the existing building and construction of accommodation, restaurant, conference room and entertainment areas at 196 Pacific Highway, Greenwich be approved subject to the following conditions:

 

Deferred Commencement Condition:

 

1.                  To ensure that there would be minimal impact to the traffic flows along the Pacific Highway, a suitable management plan shall be prepared which details how the vehicles entering the site will be managed should the car lift become in-operable or the car parking area is full. This plan is approved by the RTA prior to this consent taking affect.

 

2.                  A Landscape Plan be submitted, which includes large tubs with advanced trees at the rear of the property, to the satisfaction of the General Manager, prior to the issue of a Construction Certificate.

 

Conditions:

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

           

            Architectural plans: 

            SK101- 1a issue (a) dated 4/8/08,

            SK102- 1a issue (a) dated 4/8/08,

            SK103- 1 dated 6/3/08,

            SK201- 1a issue (a) dated 4/8/08,

            SK102- 1a issue (a) dated 4/8/08,

            SK103- 1a issue (a) dated 4/8/08,

            SK105- 1a issue (a) dated 4/8/08 by Andrew Crawford Architect Pty Ltd.

           

            Stormwater drainage plans:

            08s040 SKH01 to SKH04 Rev A dated 21/2/08 prepared by HughesTrueman.

 

2.         Level eight (8) and level (9) (ie 2 floors of accommodation), 0.5 level of basement parking (1.5 levels of basement parking from the original proposal) and the open air spa are to be deleted and not approved. Amended plans shall be submitted to the Principal Certifying Authority prior to the issue of Construction Certificate.

 

3.         A management plan for the functioning of a Valet Parking Scheme shall be provided to the Principal Certifying Authority prior to issue of Construction Certificate.

 

4.         The development shall comply with Disability Discrimination Act, 1992 and Council Access and Mobility Development Control Plan.

 

5.         A report, prepared by an independent access consultant, agreed to by Council, assessing the development both internal and external with regards to Disability Discrimination Act, 1992 and Council Access and Mobility Development Control Plan, along with recommendations regarding optimum access and mobility, be provided to the Principal Certifying Authority prior to issue of Construction Certificate. All recommendations of the report shall be adopted and certified prior to issue of Occupation Certificate.

 

6.         (15) THE PAYMENT OF A CONTRIBUTION OF $237541.00 TOWARDS TRAFFIC MANAGEMENT AND STREETSCAPE IMPROVEMENTS, OPEN SPACE AND RECREATION FACILITIES, DRAINAGE AND COMMUNITY FACILITIES.  THE  CONTRIBUTION TO BE MADE PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE AND TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS AT THE CURRENT RATE OF 2007/2008.  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

7.         (38) All advertising signs/ structures being the subject of a separate development application.

 

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

 

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

 

10.       (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.

 

11.       (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

12.       (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.

 

13.       A Fire Safety report from a suitably qualified Fire Safety Consulting Engineer or BCA Complying report from a person with appropriate level of competence detailing all non compliances with the current requirements of Section C (Fire resistance) , section D (Access and Egress), Section E (Services and Equipment), Section F (Health and Amenity), Section G (ancillary provisions), Section I (maintenance ) and Section J (Energy efficiency) of the building Code of Australia shall be provided. The report will provide a schedule of proposed essential fire safety measures prior to issue of Constriction Certificate. Alternate solution Complying with BCA would be considered.

 

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

 

15.       (31) All car parking spaces on site shall comply with requirements of the Australian Standard AS 2890.1-1993 ("Parking facilities, Part 1: Off-street car parking").

 

16.       (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.

 

17.       (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.

 

18.       (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.

 

19.       (40) No retailing of goods to the public to be made from the subject premises.

 

20.       (43) Access and parking spaces for disabled persons being provided in accordance with Part D.3 of the Building Code of Australia.

 

21.       (45) A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

22.       (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.

 

23.       (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.

 

24.       (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.

 

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

 

26.       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)         Retaining walls prior to filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level,

d)         Framework.

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          any framing;

 

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

 

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

 

30.       (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.

 

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

 

a          Basement level;

b          The establishment of each floor level;

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.

 

32.       (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.

 

33.       (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.

 

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

 

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

 

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

 

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

 

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

 

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

 

40.       (86) An approved type of hoarding being erected along the street frontage.

 

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

 

42.       (98)  Separate approval being obtained for the mechanical ventilation system with fully detailed plans and specifications being submitted.  The system shall comply with the relevant provisions of A.S. 1668 and A.S. 3666.

 

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

 

44.       (125)  Submission of a Waste Management Plan for the disposal of all waste material, spoil and excavated material.  The Waste Management Plan shall be submitted PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Environmental Health Conditions:

 

Food Premises

 

45.       Construction and Fit out of Food Premises

            To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:

a)      Food Act 2003 & Food Regulations 2004

b)      Food Safety Standards 3.1.1, 3.2.2, 3.2.3

c)      Sydney Water Corporation – Trade Waste Section

d)      The Protection of the Environment Operations Act 1997

e)      Australian Standard AS 1668 Part 1 & 2

f)        The Building Code of Australia.

 

The design and construction of food premises must comply with the following requirements, as applicable:

 

  • The floors of kitchen, food preparation and storage areas are to be constructed of materials which are impervious, non slip and able to be easily and effectively cleaned. The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  Coving should be installed at floor/wall joins to allow for cleaning.

 

  • Walls and ceilings are to be solidly constructed to prevent harbourage of pests.  They are to be finished with impervious sealed materials which are able to be easily and effectively cleaned. 

 

  • All fixtures and fittings, such as food preparation benches and cooking equipment, are to be moveable, or built in to walls and floors to prevent harbourage of pests and allow for cleaning.

 

  • Cupboards, cabinets, benches and shelving are to be smooth and impervious and may be glass, metal plastic, timber sheeting (sealed) or other approved material. The use of particle board or similar material is not permitted unless laminated on all surfaces.

 

  • To ensure that adequate provision is made for ventilation of the premises, mechanical and/or natural ventilation systems shall be designed, constructed and installed in accordance with the provision of:

a)      The Building Code of Australia

b)      AS 1668 Part 1 and 2 – 1991

c)      Protection of the Environment Operations Act 1997

 

A certificate shall be submitted from a practicing mechanical engineer certifying that the design and operation of the mechanical ventilation system meets the requirements of AS 1668 Parts 1 and 2.

 

  • A designated hand wash basin is required in the kitchen, with hot and cold water through a single outlet and provided with liquid soap and paper towels.

 

  • A portable digital thermometer accurate to +/- 1 degree Celsius is required for use in the premises in addition to temperature measuring devices attached to equipment.

 

a.         Odour Control

To ensure that adequate provision is made for the treatment of odours, the mechanical exhaust system shall be fitted with sufficient control equipment to prevent the emission of all offensive odours from the premises, as defined by the Protection of the Environment Operations Act, 1997

 

b.         Service Pipes

Where possible all service pipes must be concealed in the floors, plinths, walls or ceilings.  Alternatively, service pipes must be fixed on brackets so as to provide at least 25mm clearance between the pipe and any adjacent vertical surface and at least 100mm between the pipe and any adjacent horizontal surface.

  

 

c.                     Surface Pipe Openings

All service pipe openings in walls, floors and ceilings must be made proof against the access of pests.

 

d.         Grease Trap

Trade waste water must be disposed of in accordance with the permit requirements of Sydney Water. The proprietor shall contact the Trade Waste Office of Sydney Water so as to ensure that the sewerage pre – treatment system installed is appropriate for the proposed use of the premises.

 

e.         Food Shop Notification Requirement

Occupation of the premises shall not occur until:

 

 

a)                  Notification to the NSW Food Authority under Standard 3.2.2 Division 2 Section 4 Notification.  This requirement is to be met by notifying through the following website: http://www.foodnotify.nsw.gov.au

 

f.          Final Inspection (Food premises)

A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before the issuing of the occupation certificate.

 

Waste

 

46.       Garbage storage area – Commercial/Industrial

All garbage shall be stored in a designated garbage area, which includes provision for the storage of all putrescible waste and recyclable material emanating from the premises. The area is to be constructed with a smooth impervious floor graded to a floor waste and connected to the sewer. Detailed plans and specifications for the construction of the designated garbage area are to be submitted with the Construction Certificate.

 

47.       Garbage collection – Commercial/Industrial

Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental Operations Act 1997.  Records shall be kept of all waste disposal from the site. 

 


Noise

 

48.       Proposed use and Operation of Plant and Equipment

The proposed use of the premises and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units) shall not give rise to an 'intrusive or offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations, and the New South Wales EPA’s Industrial Noise Policy (January 2000).

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

 

 

49.       Acoustic Assessment

            Following construction and prior to the issuing of the occupation certificate, an acoustic assessment must be carried out and submitted to Council to ensure that the resulting noise emissions complies with the noise limits contained within the Industrial Noise Policy.  

 

Traffic Conditions:

 

50.       Provision shall be 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). Vehicle access for delivery/service vehicles should be provided and should be able to perform a 3-point turn internally to exit the property in a forward direction.

 

51.       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. To potentially address this concern the 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.

 

The provision of a vacant space for a turn around area would facilitate vehicles entering/ existing the site in a forward direction (particularly if a situation arises that vehicles are entering the site and the car lift is inoperable).

 

Therefore, the ground floor parking area shall be redesigned to address the abovementioned concerns prior to issue of Construction Certificate.

 

52.       The design and construction of the proposed driveway and gutter crossing off the Pacific Highway shall be in accordance with AS2890.1 – 2004 and the RTA requirements (ie 6m plus 0.5m splays to the kerb line and extended back to a width of 5.5m at the property boundary to facilitate simultaneous entry/exit manoeuvres). Details of these requirements could be obtained from the RTA’s Project Services Manager, Traffic Projects Section, Parramatta (ph: 02 8849 2144)

 

A certified copy of the design plans should be submitted to the RTA for consideration and approval prior to the release of any Construction Certificate and commencement of road works.

 

The RTA fees for administration, plan checking, civil works inspection and project management shall be paid by the developer prior to the commencement of works.

 

53.       The layout of the proposed car parking areas associated with the development (including: driveways, grades, turn paths, sight distance requirements, aisle widths, and parking bay dimensions) should be in accordance with AS2890.1 2004.

 

54.       Suitable drainage retardation should be implemented on –site to ensure that there is no increase in the current stormwater discharge from the site to the Pacific Highway.

 

Detail design plans and hydraulic calculations of any changes to the RTA’s stormwater drainage system are to be submitted to the RTA for approval, prior to commencement of any works.

 

Details should be forwards to:-

 

The Sydney Asset Management

PO Box 973

Parramatta CBD NSW 2124

 

A plan checking fee may be applicable and a performance bond may be required before the RTA’s approval is issued. With regards to the Civil Works requirement please contact the RTA’s Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

 

55.       The proposed development should be designed such that the road traffic noise from the Pacific Highway is mitigated by durable materials and complies with the requirements of Clause 102 – (Impact of road noise or vibration on non road development) of State Planning Policy (Infrastructure) 2007.

 

56.       All vehicles must enter and exit the property in a forward direction.

 

57.       A ‘Left Turn Only’ sign shall be provided at the exit point within the property.

 

58.       The sight distances for northbound vehicles along Pacific Highway to the access driveway is restricted by large trees, thus requiring the installation of ‘Caution Driveways’ (W2-207 IL) signage. In order to carry out the installation of the proposed signage the applicant must contact the RTA Ph: 02 8849 2591 to organise a works inspection.

 

59.       Vegetation and proposed landscaping along the Pacific Highway frontage must not hinder sight lines to/ from the proposed access driveway to motorists, pedestrians and/or cyclists.

 

60.       Suitable provision is to be made on site for all construction vehicles. No construction works zones (s) would be approved by RTA for the Pacific Highway.

 

61.       All works and regulatory signage associated with the proposed development will be at no cost to the RTA.

 

62.       Bicycle parking area should be designed and provided.

 

Tree Conditions

63.       (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.

 

64.       (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.

 

65.       (306) All materials brought onto the site must be weed free.

 

66.       (308)  Rubbish must be stored in a sealed 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.

 

67.       (315)  The proposed driveway crossing must be at least 2.5 m clear of the trunk of the street trees.

 

 

68.       (350) The trunks of the three (3) Paperbark street trees must be protected during the construction period by trunk guards. The trunk guards must be made of underfelt under a layer of battens spaced 50 mm apart and up to 2 m from the ground. The trunk guards shall be free standing with no nails or screws attached to the trees. All trunk guards must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation.

 

69.       (347) All tree protection measures must be in place PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation. The tree protection measures shall be to the satisfaction of Council’s Tree Assessment Officer and must be maintained for the duration of works on the site. No further site works may take place until this certification has been obtained and a copy forwarded to the accredited certifier and Council.

 

Bond on Street & Council Trees

 

70.       (327)  A bond of $ 9000 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect the three (3) Paperbark trees to be retained.  This bond shall be forfeited in the event of damages to any of these trees as a result of the development works within a period of 12 months after completion. In the event of damages to the tree, as determined by Council’s Tree Preservation Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

 

            Breach of any condition - 25% of bond for each offence.   Trunk or root damage of any protected tree - 50% of bond for each offence.

            Death or severe decline of any protected tree - 100% of bond and possible legal action by Council.

 

71.       (355)  An arboriculturalist must supervise all digging / excavation that is within 2.5m of any tree greater than 4m in height including neighbouring trees and street trees. A report must be submitted within 60 days of inspection to the Council ’s Tree Assessment Officer, outlining the extent of the excavation and the impact upon the trees and if there was any damage to the root system along with remediation works carried out.

 

72.       (360)  The Supervising Arboriculturist must be on site and provide certification for their site attendance and supervision of the following works located within 2.5m of any tree to be retained.

 

73.       (369)  There must not be any stockpiling of building materials or other materials or dumping of refuse to occur within 3m of the dripline of the tree(s) shown on the approved plan to be retained which do not have tree protection fencing.

 

74.       (374)  Ruts, breakage of turf and/or soil surface, by delivery trucks or machinery must be repaired to the satisfaction of the Lane Cove Council

 

General Engineering Conditions

 

75.       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.

 

76.       Control of Stormwater Runoff.  Stormwater runoff from all impervious areas shall be collected and piped to a council stormwater pit. The design shall include.

 

·         On site detention, detention is to be connected to the council system by gravity

·         Pump out system for the sub-soil drainage is to drain via the detention system

·         The connection to the council network from the OSD system containing the pump out outlet is to be made directly to a council pit or pipe (stormwater runoff from OSD system is not to be conveyed through the 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. Outflow from the basin shall be piped to the street gutter system.

 

77.       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.

 

78.       Accelerated Depreciation to Council’s Road Infrastructure

            In order to cover the accelerated depreciation to Council’s Road Infrastructure the developer is to pay a fee based upon a calculation of the damage caused by trucking operations.

During construction the developer shall pay a monthly fee to Council, to cover accelerated depreciation to Council’s road infrastructure. This fee shall be determined from the number of truck movements using the site in association with the rehabilitation and construction works. The fee shall be computed based on the following table:

3 axle single unit $5.93

4 axle single unit $7.38

4 axle or less double unit, 1 unit is truck $8.82

5 axle double unit, 1 unit is truck $10.33

6 or more axle double, 1 unit is truck $11.85

5 axle or less multi unit $18.61

6 axle multi unit $14.75

 

            These rates (base date 2008-2009) are to be indexed in accordance with CPI. Payment shall be forwarded to Council without the issuing of an invoice, within seven (7) days of completion of each month. This monthly payment shall be based on the above table and details of all calculations shall be forwarded with payment.

 

79.       Recording of Trucking Movements

            Prior to commencement of site works, the developer shall provide Council with the company details of the contractor/s responsible for the transport of material to and from the site. The developer is required to nominate a contact person who will be responsible for all heavy vehicle operations. Relevant telephone numbers, facsimile numbers and e-mail address shall be submitted to Council prior to commencement of works. A weekly reconciliation of trucking movements shall be provided to Council during the period of transporting material. This shall include but not be limited to the number of trucks that have travelled to and from the site each day, and the registration numbers (both truck and dog-trailer registration plates) of these vehicles.

 

80.       Covering Heavy Vehicle Loads

            All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. The preferred method of covering loads is with an automated “enviro-tarp”. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s Ordinance Inspectors. Any breach of this legislation is subject to a $500 “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

 

81.       Truck Shaker.  A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass them. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

82.       Street Cleanliness

            All streets along the designated heavy vehicle route shall be kept free from sediment during the course of the work. The developer shall monitor the state of the roadways leading to and from the site on a daily basis, and take all necessary steps to clean up any adversely impacted road pavements. In this regard, the developer shall make arrangements for the regular dry mechanical suction sweeping of streets in the vicinity of the site for the duration of the works. It should be noted that the flushing of roadways using a water cart or similar means constitutes a breach of the Protection of the Environment Operations Act carrying a $1500 “Penalty Infringement Notice”.

 

83.       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.

 

84.       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’.

 

85.       Temporary Footpath Crossing.  A temporary footpath crossing must be provided at the Vehicular access points. It is to be 4 meters wide, made out of sections of hardwood with chamfered ends and strapped with hoop iron, and a temporary gutter crossing must be provided.

 

86.       Permit to Stand Plant

            Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: please allow 2 working days for approval.  

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

87.       Council construction requirements.

The applicant shall

1.      Reconstruct full kerb and gutter across the full frontage of the site

2.      Reconstruct footpath across  the full frontage of the site

3.      Construct a minimum 375mm diameter RCP from the subject site to the nearest council pit / pipe (pipe lines are not to cross roadways). Where the pipe line is to travel along a road reserve the pipe location must be under the Kerb and gutter, In this case the kerb and gutter is to be replaced.

                                                                                               Note, closest council pit is located in Bellevue Ave

4.      Use cast in situ construction techniques for connection to the council’s stormwater system.

The applicant shall lodge with Council a $100,000 cash bond or bank guarantee to cover the satisfactory construction of the above requirements. Lodgement of this bond is required prior to the issue of the construction certificate Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the occupation certificate all expenses are to be borne by the applicant.

 

88.       Council inspection requirements

The following items are to inspected 

1.      Connection to the existing Council stormwater pipeline

2.      Laying of the RCP and restoration of disturbed area 

3.      Construction of kerb and gutter

4.      Construction of footpath

Each item is to be inspected prior to the pouring of any concrete (formwork), the RCP is to be inspected prior to backfilling and all items are to be inspected at the time of completion. An initial site meeting is to be conducted with council and the contractor prior to the commencement of any of the above works to allow for discussion of council construction / setout requirements.

An Inspection fee of $1075 is to be paid prior to the issue of the construction certificate.

 

89.       Design of retaining structures: All retaining structures grater than 1m in height are to be designed and certified by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate. 

 

90.       Geotechnical Monitoring Program

   Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program must be produced to ensure that all geotechnical matters are regularly assessed during the construction to prevent adverse effects resulting from the excavation.

The Geotechnical Monitoring Program for the construction works must be in accordance  with the recommendations of the Geotechnical Report and is to include

·               Recommended hold points to allow for inspection by a suitably qualified           engineer during the following construction procedures;

·               Excavation of the site (face of excavation, base, etc)

·               Installation and construction of temporary and permanent shoring/ retaining          walls.

·               Foundation bearing conditions and footing construction.

·               Installation of sub-soil drainage.

·               Location, type and regularity of further geotechnical investigations and testing.

·               Excavation and construction works must be undertaken in accordance with          the Geotechnical and Monitoring Program.

 

91.       Construction Methodology Report

            There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principle Certifying Authority prior to issue of a Construction Certificate

            The report must include an investigation to determine the design parameters appropriate to the specific development and site. This would typically include:

·         Location and level of nearby foundations/footings (site and neighbouring)

·         Proposed method of excavation

·         Permanent and temporary support measures for excavation

·         Potential settlements affecting footings/foundations

·         Ground-water levels (if any)

·         Batter slopes

·         Potential vibration caused by method of excavation

·         De-watering including seepage and off site disposal rate (if any)

            The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

            The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

 

92.       Geotechnical reports

            All excavations and retaining structures greater than 1m in height will require preparation of a Geotechnical Report. Geotechnical Reports and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate. The development works are to be undertaken in accordance with the recommendations of the Geotechnical report.

 

93.       Dilapidation report

The applicant is to provide a dilapidation report of all adjoining properties and any of Councils infrastructure located within the zone of influence of the proposed excavation.

Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principle Certifying Authority prior to issue of a Construction Certificate

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 and be submitted to Principle Certifying Authority prior to issue of an occupational Certificate

 

94.       Drainage Construction. The stormwater drainage plan 08s040 SKH01 to SKH04 Rev A  prepared by HughesTrueman is to be amended to reflect the condition Control of Stormwater Runoff  and is to be certified 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 be satisfied that the amendments have been made in accordance with the requirements set out in condition Control of Stormwater Runoff and is to be satisfied with the adequacy of the amended 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.

 

95.       Car Parking. The plans and supporting calculations of the internal driveway, turning areas, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall  be submitted to the principle certifying authority. 

 

The plans shall be prepared and certified by a suitably qualified engineer. The design is to fully comply with AS 2890 Series and Council's standards and specifications. The plans and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

96.       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, car parks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

97.       Proposed Vehicular Crossings. The proposed Vehicular crossings shall be constructed to the specifications and levels issued by Council. A ‘Construction of Vehicular Footpath Crossing to serve large Residential, Multi-Unit Dwelling, Commercial & industrial Site’ application shall be submitted for each crossing and the appropriate fees paid to Council prior to the issue of the construction certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the occupational certificate. 

 

98.       Traffic Management plan.  A traffic management plan is to be submitted to and approved by the following consent authorities,

·         Local traffic committee

prior to the submission to the principle certifying authority.

The traffic management plan shall be prepared and certified by a suitably qualified person. The plan is to fully comply with AS 1742.3 and the consent authority’s requirements.

The plans and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

99.       Footpath Damage Bond. The applicant shall lodge with Council a $10000 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.

 

100.     Positive Covenant Bond. The applicant shall lodge with Council a $1,000 cash bond to cover the registration of a Positive Covenant over the pump out drainage system. Lodgement of this bond is required prior to the issue of the construction certificate

 

101.     Positive Covenant Bond. The applicant shall lodge with Council a $1,000 cash bond to cover the registration of a Positive Covenant over the on-site stormwater detention system. Lodgement of this bond is required prior to the issue of the construction certificate.

 

102.    Soil and Water Management Plan. A Soil and Water Management Plan (SWMP) 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. SWMP is to be submitted to the principal certifying authority to prior to the issue of the construction certificate.

 

103.    Hoardings. The hoarding to be erected must comply with the Workcover "Code of Practice Overhead Protective Structures" and all work shall be carried out in accordance with AS2601:1991, The Demolition of Structures.  A Cash Bond/Bank Guarantee, which Council requires for all developments as well as the properly notated insurance, must be in place prior to erection of a hoarding. The hoarding shall be in place prior to the commencement of works on the site.  Other Council hoarding conditions are as follows:

 

(a)        Not more than 1800mm of the footway may be enclosed, however if the footway is less than 3.7 metres wide half of the footway may be enclosed.  The unoccupied area of the footpath shall be kept free at all times of all building materials and debris and maintained in a safe and trafficable condition.

(b)        Builders must provide adequate protection to concrete footpath and kerb and gutter. Footpath crossings are required to be 5.0 metres in width and constructed of 100mm x 50mm hardwood, properly secured with chamfered ends to provide a smooth transition to adjacent surfaces.  The whole of the temporary crossing is to be covered with suitable filling material and made safe to pedestrians.  A proper protective timber crossing is to be provided to the kerb and gutter before any building material is deposited on the site.

(c)        All hoardings must be lit between the hours of sunset and sunrise.  Lights are to be erected at intervals of not greater than 5.0 metres for the length of the hoarding. The builder shall keep the hoarding presentable to the public for the whole of the time it is erected.  There shall be no catch points or protrusions likely to cause injury or damage to the public from the hoarding.  The hoarding shall be constructed of demountable timber frame sections lined with a smooth face material, and painted with an approved white paint which shall not wash or rub off.

(d)        The builder shall secure a $10 million public risk insurance policy in favour of the  Council to indemnify Council in the event of any member of the public suffering injury to persons or property by reasons of the presence of the hoarding.

(e)        Trees which are affected by the hoarding and are located outside the boundaries of the allotment are not to be cut or removed without the prior approval of the council being obtained.

(f)         The hoarding shall be removed immediately at the builder's expense if any of these conditions are not fully complied with.

 

Engineering Conditions to be complied with Prior to Commencement of Construction

104.    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. 

 

105.    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.

 

106.    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.

 

107.    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

           

108.    Certification of recommended works

Certification is to be submitted by a suitably qualified engineer stating that all retaining structures and excavations have been constructed in accordance with the approved Geotechnical report and Construction Methodology report. Certification is to be submitted prior to the release of the occupational certificate.

 

109.    Earth works certification

            A suitably qualified engineer shall provide certification to the principal certifying authority that all earth works have been carried out;

·                     In accordance with the Geotechnical Monitoring Program.

·                     In accordance with the relevant Australian Standards and Codes of Practise.

·                     In a manner that does not compromise the structural integrity of all adjacent structures, property and infrastructure.

            The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the occupational certificate.

 

110.    Engineering certification

Prior to the issue of the occupational certificate a suitably qualified engineer shall certify that following have/has been constructed in accordance with the approved plans and is within acceptable construction tolerances.

·         Stormwater system*

·         Retaining Structures

 

            All Engineering Compliance certificates are to contain the following declarations:

 

a.      This certificate is supplied in relation to INCERT PROPERTY ADDRESS

b.       INCERT NAME OF ENGINEER AND COMPANY have been responsible for the supervision of all the work nominated in (a) above.

c.      I have carried out all tests and inspections necessary to declare that the work nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d.      I have kept a signed record of all inspections and tests undertaken during the works, and can supply the Principal Certifying Authority [PCA] with a copy of such records and test results if and when required.

 

*(The certification is to include a work as executed plan, and OSD volume)

    The Work as Executed plan:

(a)   Shall be signed by a Registered Surveyor, &

(b)   Shall clearly show the surveyor’s name and the date of signature.)

 

111.    On-Site Stormwater Detention System - Marker Plate.  Each on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s ‘standards and specifications for stormwater drainage’. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed Lane Cove OSD certification form.

 

112.    On-Site Stormwater Detention Tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

113.    Positive Covenant - (OSD).  Documents giving effect to the creation of a Positive Covenant over the on-site stormwater detention system shall be registered on the title of the property. The creation of a Positive Covenant under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The wording of the terms of the Positive Covenant shall be in accordance with Council’s standards and specifications for stormwater drainage and On-site Detention Systems. The documents prepared shall be submitted to Council prior to registration with the Land and Property Information and prior to the issue of the Occupation Certificate.

 

114.     Positive Covenant – (pump).  Documents giving effect to the creation of a Positive Covenant over the pump out system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The creation of a Positive Covenant under Section 88E of the Conveyancing Act 1919 is to burdening the property with the requirement to maintain the pump out system. The wording of the terms of the Positive Covenant shall be in accordance with Council’s DCP Stormwater management.

 

115.    Landscaping

            A Landscaping plan be provided for the satisfaction of Council’s Landscape             Architect prior to the issue of the Construction Certificate.

Do not delete this line

 

 

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Tudge and Freedman 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 Bellevue and ‘Urban’ hotel would not receive reasonable solar access.

 

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 Pacific Highway.

 

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.

 

282

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

 

ADJOURNMENT:

 

The Council meeting was adjourned at 8:44pm

 

The Mayor opened the Planning & Building Committee and the Services & Resources Committee Meetings at 8:45pm and adjourned them.

 

RESUMPTION:

 

The Council meeting resumed at 8:50pm.

 

The Mayor informed Council  of the unfortunate accidental death of a staff member, John Korol, and acknowledged the commendable work John had performed for Lane Cove.

 

Orders Of The Day

 

Order Of The Day No. 18

SUBJECT: Citizenship Ceremony - Wednesday 20 August 2008

283

RESOLVED on the motion of Councillors Longbottom and Gaffney that Councillor Teirney attend the Citizenship Ceremony on 20 August 2008 and speak to the new citizens about local government.

 

 

The Mayor declared the motion carried unanimously.

 

Order Of The Day No. 19

SUBJECT: Council and Committee Meeting Schedule - September 2008

284

RESOLVED on the motion of Councillors Smith and Gaffney that the Council and Committee Meeting Schedule for August/ September 2008 be adopted.  

 

 

The Mayor declared the motion carried unanimously.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 4 AUGUST 2008

285

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 4 August 2008 be received.

 

The Mayor declared the motion carried unanimously.

 

286

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 4 August 2008 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

General Managers Reports

 

General Managers Report No. 28

SUBJECT: Little Lane Carpark Redevelopment - Stage 1 Concepts

 

MOTION

 

A motion was moved by Councillors Freedman and Tudge that Council:-

 

1.         Thank Davis Langdon (Aust) Pty Ltd for their report.

2.         Defer consideration of matter, and recommend to the incoming Council that they:

            a.   Advise Davis Langdon (Aust) P/L that it has endorsed Scenario 3 as set out in their “Feasibility Study and  Options Analysis Report” dated 30 July 2008 as its preferred outcome for the site, subject to further refinement during the next phase; and

 

            b.   Authorise the General Manager to engage Davis Langdon  (Aust) P/L to proceed with Stage 2 including the preparation of the documentation for a development application, when the Section 69 certificate in respect of LEP 2008 has been submitted to the Minister.

 

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Smith and Gaffney that Council:-

1          Advise Davis Langdon (Aust) P/L that it has endorsed Scenario 3 as set out in their “Feasibility Study and  Options Analysis Report” dated 30 July 2008 as its preferred outcome for the site, subject to further refinement during the next phase; and

 

2          Authorise the General Manager to engage Davis Langdon  (Aust) P/L to proceed with Stage 2 including the preparation of the documentation for a development application, when the Section 69 certificate in respect of LEP 2008 has been submitted to the Minister.

 

The Foreshadowed Motion was withdrawn.

 

287

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 51

SUBJECT: Lane Cove Council Sister City Visit to Gunnedah

288

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

 

1.   Send a letter to Gunnedah Council expressing its gratitude for the hospitality extended  during the recent Sister City Visit on 11-12 July.

 

2.   Continue to discuss with Gunnedah Council ways in which to strengthen the Sister City relationship between the councils which will include sporting, musical and cultural programs.

           

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 44

SUBJECT: Update Report on the NSW Planning Reforms

289

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

 

1.      The report be received and noted.

 

2.      Council provide a newsletter to residents written in layman’s terms, explaining how the Planning Reforms will effect residents.

 

3.      Council write to the Department of Planning, NSROC and the LGSA seeking support for the site area constraint of 2000 Sq.m. to  be deleted from the 3rd party review  process.

 

 

The Mayor declared the motion carried unanimously.

 

Councillor Teirney vacated the chamber at 9:15pm rejoined the meeting at 9:16pm.

 

Environmental Services Division Report No. 52

SUBJECT: Draft LEP Amendment No.60 - Rosenthal Avenue

 

MOTION

 

A motion was moved by Councillors Hassarati and Smith that:-

 

1.            Council adopt as final Draft Local Environmental Plan Amendment No.60 Rosenthal Avenue, as exhibited and dated 18/8/08, to reclassify the land known as the Rosenthal Avenue car park to operational under the Local Government Act 1993.

2.            Draft LEP Amendment No.60 be submitted to the Department of Planning with a request for it to proceed to gazettal, in accordance with sections 68 and 69 of the Environmental Planning Act 1979.

 

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Freedman and Tudge that the Rosenthal Avenue carpark site remain as community land and that Council proceed with community projects on that site that are consistent with the community land classification.

 

 

Councillor Teirney vacated the chamber at 9:23pm and rejoined the meeting at 9:24pm

 

290

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.

  

 

 

CLOSE

 

The meeting closed at 9:39pm.

 

Confirmed at the Ordinary Council Meeting of 1 September 2008, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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