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Minutes

Ordinary Council Meeting

1 September 2008 6:43PM

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 1 September 2008

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom, (Chair), Councillor 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 of Major Projects and Chief Executive Secretary.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by  Rev. Steven Pym from Greenwich Presbyterian 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:

 

Notice of Motion No. 1

SUBJECT: General Manager's Performance Review - Remuneration

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 involves discussion of an individual's personal remuneration.

 

No members of the public made representations.

 

PROCEDURAL MOTION

 

291

RESOLVED on the motion of Councillors Longbottom and Smith 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.

 

                                                             

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

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

 

Closed Committee of the Whole commenced.

 

Confidential Items

 

Notice of Motion No. 1

SUBJECT: General Manager's Performance Review - Remuneration

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That the General Manager’s Remuneration be reviewed as agreed in Closed Committee of Council.

 

All staff returned to the chamber.

 

PROCEDURAL MOTION

292

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

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

CONFIDENTIAL ITEMS

The following resolutions of Council while the meeting was closed to the public were read to the meeting by the Mayor, prior to being adopted:

 

Notice of Motion No. 1

SUBJECT: General Manager's Performance Review - Remuneration

293

RESOLVED on the motion of Councillors Smith and Gaffney that the General Manager’s remuneration be reviewed as agreed in Closed Committee of Council.

 

 

For the Motion were Councillors Freedman, Gaffney, Hassarati, Lawson, Smith, Teirney and Tudge (Total 7).

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

 

DECLARATIONS OF INTEREST:

 

Nil.

 

SUSPENSION OF STANDING ORDERS

294

RESOLVED on the motion of Councillors Tudge and D'Amico 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.

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

The following persons addressed Council:-

 

John May, Glenview Street Greenwich congratulating Council on receiving the Dougherty Award, commenting on the DLEP and supporting the Rescission Motion for 196 Pacific Highway.

 

Pam Palmer, Greenwich Community Association regarding the availability of accommodation for patients and their families undertaking treatment at Royal North Shore Hospital and supporting the Rescission Motion for 196 Pacific Highway.

 

Councillor Teirney vacated the chamber at 7:25pm and rejoined the meeting at 7:26pm.

 

Brian McDonald, Gordon Crescent Lane Cove thanking Council for supporting the residents of Gordon Crescent in the DLEP.

 

Meredith Southwood, Greenwich Community Association, regarding the DLEP and supporting the Rescission Motion for 196 Pacific Highway.

 

Doug Stuart, William Edward Street Longueville opposing signage on Heritage buildings.

 

Hedda Oswald on behalf of the owner of 13/200 Pacific Highway Greenwich supporting the Rescission Motion for 196 Pacific Highway.

 

Councillor Teirney vacated the chamber at 7:36pm and rejoined the meeting at 7:37pm.

 

Axel Blom, 3/198 Pacific Highway supporting the rezoning of Pacific Highway Greenwich and supporting the Rescission Motion for 196 Pacific Highway.

 

Peter Rigg representing the owner of 196 Pacific Highway regarding a Councillor’s failure to declare a non-pecuniary interest, clarifying that the owner has no outstanding political donations to a councillor, and opposing the Rescission Motion for 196 Pacific Highway.

 

Helen Jones, 7 Bellevue Ave Greenwich supporting the  Rescission Motion and for 196 Pacific Highway.

 

Ann Stephens, 25 Wisdom Road Greenwich supporting Rescission Motion for 196 Pacific Highway.

 

June Heffernan, Parklands Avenue Lane Cove North, supporting the Rescission Motion for 196 Pacific Highway.

 

David Isaac, 25 Glenview Street Greenwich, opposing the Development Applications for 23 & 23A Glenview Street in their current form.

 

Councillor D’ Amico vacated the chamber at 8:05pm and rejoined the meeting at 8:10pm.

 

Clark Walton, Architect for 23 & 23A Glenview Street supporting the Development Application for the properties.

 

Stephanie McInnes, 25 Glenview Street Greenwich, opposing the Development Applications for 23 & 23A Glenview Street.

 

Ben Liu, 17 Lucretia Avenue Longueville, opposing the Development Application for 18 Lucretia Avenue.

 

Terry Jones, 7 Bellevue Avenue, supporting the Rescission Motion for 196 Pacific Highway.

 

James McDonald, 68 Gordon Crescent, thanking Council for their support in the DLEP and supporting the Rescission Motion for 196 Pacific Highway.

 

Pam Wyatt-Spratt, 198 Pacific Highway, supporting the Rescission Motion for 196 Pacific Highway.

 

Resumption of Standing Orders

295

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

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

ADJOURNMENT

 

The Council meeting was adjourned at 8:19pm.

 

The Mayor opened the Planning & Building and the Policy & Resources Committees at 8:20pm and adjourned them.

 

RESUMPTION

 

The meeting resumed at 8:21pm.

 

Procedural Motion

296

RESOLVED on the motion of Councillors Longbottom and D'Amico that Notice of Recession No. 1 – 196 Pacific Highway Greenwich be brought forward and dealt with at this time.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Notices of Rescission

 

Notice of Rescission No. 1

SUBJECT: 196 Pacific Highway, Greenwich

 

MOTION

 

A motion was moved by Councillors Lawson and Tudge that Council’s resolution of 18 August 2008 (Minute Number 282) shown attached as AT1 in relation to Environmental Services Division Report No. 342, 196 Pacific Highway, be rescinded.

 

 

PROCEDURAL Motion

297

RESOLVED on the motion of Councillors Longbottom and Smith that Councillor Tudge be granted an extension of time to speak for the Rescission Motion.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

 

Procedural Motion

298

RESOLVED on the motion of Councillors Smith and Longbottom that Councillor Freedman be granted an extension of time to speak for the Rescission Motion.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

 

 

Councillor Freedman tabled advice Council received from former Mayor, Bill Henningham.

 

299

 

The Rescission Motion was put to the vote and was declared carried.

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Smith, Teirney and Tudge (Total 8).

Against the Motion was Councillor Longbottom (Total 1).

 

 

MOTION

 

A 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, Council refuses development consent to Development Application DA 65/08 for demolition of the existing building and construction of a ten (10) storey, one hundred (100) bedroom motel with three (3) levels of basement parking, restaurant, conference rooms, roof top Spa and an entertainment area at 196 Pacific Highway, Greenwich for the reasons set out in the recommendation to Council in Environmental Services Division Report No 280 with the addition of the following reasons:-

 

28.      That the proposal is not supported by an independent access consultant report assessing the development both internal and external with regards to the Disability Discrimination Act, 1992 and Council’s Access and Mobility Development Control Plan.

 

29.      Having regard to the foregoing reasons, the proposal is not in the public interest.

 

 

FORESHADOWED MOTION

 

A Foreshadowed Motion was moved by Councillors D’ Amico and Longbottom that Council defer consideration of this matter and further consultation take place with affected residents regarding a suitable development and the matter be further considered by the newly elected Council, after the 2008 Local Government Elections.

 

300

Upon being put to the meeting, the Motion was declared carried.

 

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

Against the Motion were Councillors D'Amico, Hassarati and Longbottom (Total 3).

 

The Foreshadowed Motion lapsed.

 

ADJOURNMENT

 

The meeting was adjourned at 8:49pm.

 

RESUMPTION:

 

The meeting resumed at 8:59pm.

 

Reports Of Committees

 

Report Of Committees No. 5

SUBJECT: Inspection Committee

301

RESOLVED on the motion of Councillors Longbottom and Smith that the information be received and noted.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 318

SUBJECT: 23 GLENVIEW STREET, GREENWICH

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 328

SUBJECT: 23A GLENVIEW STREET, GREENWICH

 

Suspension of Standing Orders

302

RESOLVED on the motion of Councillors Smith and Teirney that Standing Orders be suspended to permit the applicant to address Council.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Resumption of Standing Orders

303

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

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

304

RESOLVED on the motion of Councillors Longbottom and Tudge that Environmental Services Division Report No 318 – 23 Glenview Street Greenwich and Environmental Services Division Report No. 328 – 23A Glenview Street Greenwich be deferred to later in the meeting to allow the applicants and the objectors time to conduct mediation.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 18 AUGUST 2008

305

RESOLVED on the motion of Councillors Smith and Gaffney  that the minutes of the Ordinary Council meeting held on the 18 August 2008 be received.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

306

RESOLVED on the motion of Councillors Smith and Gaffney  that the minutes of the Ordinary Council meeting held on the 18 August 2008 be confirmed.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

Order Of The Day No. 20

SUBJECT: Meeting in the Plaza - Saturday, 27th September 2008

307

RESOLVED on the motion of Councillors Gaffney and Lawson that no Meeting in the Plaza be held in September due to the Local Government Elections being held on 13 September.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

 

Order Of The Day No. 21

SUBJECT: Council and Committee Meeting Schedule - September 2008

308

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

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

 

ORDERS OF THE DAY

 

The Mayor presented the retiring Councillors Hassarati, Freedman and Lawson with Lane Cove Council plaques and thanked them for their contribution during their terms as Councillors.

 

Councillor Lawson responded, thanking the Mayor.   Councillor Freedman also thanked the Council, staff and the community.   Councillor Hassarati thanked the Council, and the Mayor and wished the Councillors standing for the new Council success.

 

The General Manager responded on behalf of staff thanking this Council for their service.

 

Referred Reports

 

Environmental Services Division Report No. 318

SUBJECT: 23 Glenview Street, Greenwich

309

RESOLVED on the motion of Councillors Longbottom and Smith that pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D101/08 for alterations and additions to an existing semi-detached dwelling including a first floor addition at 23 Glenview Street, Greenwich subject to the following conditions:-

 

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

            DA01A, DA04A, DA05A, DA06A, DA08A, DA09A dated 12/6/08

            DA07, DA10 dated 1/4/08 by CN Walton and Associates.

 

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

 

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

 

4.         (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.

 

5.         (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.

 

6.         (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.

 

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

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

11.       (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.

 

12.       (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.

 

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

 

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

 

a)         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.

 

15.       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)          upper level floor framing;

 

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

 

17.       (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.

 

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

 

a          Dampcourse level;

b          The roof framing; and

c          The completion of works.

 

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

 

19.       (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.

 

20.       (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.

 

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

 

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

 

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

 

24.       (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.

 

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

 

26.       Asset Protection Zone

 

            The intend of measures is to minimize the risk of bush fire attack and provide protection for emergency services personnel, residents and other assisting fire fighting activities.

           

            At the commencement of the building works and in perpetuity the entire property shall be managed as an ‘Inner Protection Area’ as outlined within Planning for Bushfire Protection 2006 and the Service’s document Standards for asset protection zones.

 

27.       Design and Construction.

 

            New construction is to comply with Appendix 3 – Site Bushfire Attack Assessment of Planning for Bushfire Protection 2006. In this regard the following design standards for construction are to be incorporated into the development.

 

a)   New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire prone areas’ Level 3.

b)   Roofing of the entire dwelling shall be gutterless or have leafless guttering and valleys to prevent the build up of flammable material. Any materials used shall have a Flammability Index no greater than 5.

c)   The existing dwelling is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen. This includes any sub floor areas where applicable and eaves.

 

28        (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.

 

29        (302)  The protection on site, without damage, of all existing trees. Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

 

30        (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.

 

General Engineering Conditions

 

31        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.

 

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

 

33        Pedestrian Access Maintained. Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS 1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

34        Control of Stormwater Runoff. The stormwater runoff from new and or altered 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 Charted Practising 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.

 

35        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.

 

36        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

 

37        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. 

 

38        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.

 

39        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.

           

40        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

 

41        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 any new element of the 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.

 

42.    The submission of a supplementary landscape plan which shows a vegetative screen between the 23 and 21 Glenview Street that is of a suitable species, location and height to provide privacy to 21 Glenview Street.  The existing vegetative screen is to be planted and maintained at a height where it provides privacy to 21 Glenview from the northern side deck of 23 Glenview.

 

43.    The louvre bathroom windows are to be of a frosted type.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Report No. 328

SUBJECT: 23A Glenview Street, Greenwich

310

RESOLVED on the motion of Councillors Smith and D'Amico that pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants consent to Development Application D102/08 for alterations and additions to an existing semi detached dwelling including a first floor addition and pool at 23A Glenview Street, Greenwich subject to the following conditions:-

 

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

            DA01A, DA04A, DA05A, DA06A, DA08A, DA09A dated 12/6/08

            DA07, DA10 dated 1/4/08 by CN Walton and Associates.

 

2.         The wider portion of the proposed southern side deck shall be a minimum of 900mm away from the side boundary.

 

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

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

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

 

18.       (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

 

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

 

a          Dampcourse level;

b          The roof framing; and

c          The completion of works.

 

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

 

20.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Construction Safety Act and the Regulations details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

21.       (67) 

(a)        The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

(b)        Notwithstanding the prohibition under condition (a), consideration will be given to the use of rock pick machines and may be approved by Council subject to:-

 

(1)        A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

 

(2)        The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

(3)        With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

 

(4)        The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

            COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION             CERTIFICATE.

 

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

 

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

 

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

 

25.       (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.

 

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

 

27.       Asset Protection Zone

 

            The intend of measures is to minimize the risk of bush fire attack and provide protection for emergency services personnel, residents and other assisting fire fighting activities.

           

            At the commencement of the building works and in perpetuity the entire property shall be managed as an ‘Inner Protection Area’ as outlined within Planning for Bushfire Protection 2006 and the Service’s document Standards for asset protection zones.

 

28.       Design and Construction.

 

            New construction is to comply with Appendix 3 – Site Bushfire Attack Assessment of Planning for Bushfire Protection 2006. In this regard the following design standards for construction are to be incorporated into the development.

 

 

a)   New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire prone areas’ Level 3.

b)   Roofing of the entire dwelling shall be gutterless or have leafless guttering and valleys to prevent the build up of flammable material. Any materials used shall have a Flammability Index no greater than 5.

c)   The existing dwelling is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen. This includes any sub floor areas where applicable and eaves.

 

29.       (52) The swimming pool being surrounded by a fence:-

 

a) That forms a barrier between the swimming pool; and

 

i)   any residential building or movable dwelling situated on the premises; and

ii)   any place (whether public or private) adjacent to or adjoining the premises; and

 

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard 1926-1976, "Fences and Gates for Private Swimming Pools".

 

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

 

30.       (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

31.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

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

 

33.       (138) All overflow water and drainage including backwash from filter washing from the swimming pool must be directed to the sewer in accordance with Sydney Water's requirements.

 

34        (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.

 

35        (301)  Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune trees to be removed or pruned for construction.

 

36        (302) The protection on site, without damage, of all existing trees. Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

 

37        (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.

 

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

 

39        (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.

 

40        (350) The American Cotton Palm located on the south side of the dwelling must be protected during the construction period by a trunk guard. The trunk guard must be made of underfelt under a layer of battens spaced 50 mm apart and up to 2 m from the ground. No nails are to be driven into the tree. The trunk guard must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

General Engineering Conditions

41        Design and Construction Standards.  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant Development Control Plans except as amended by other conditions.

 

 

42        Rainwater Reuse Tanks

The proposed Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

§ Rainwater draining to the Reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

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

§ The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

 

43        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’.

 

44        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.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

45        Control of Stormwater Runoff. The stormwater runoff from the new and or altered 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.

 

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

 

47        Pool Construction

Overland Flow around pools:

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

 

To prevent overland flows from entering the pool the coping level must be a minimum of 150mm above the adjacent finished ground level. The entire outside perimeter of the pool surround must have overland flow escape routes which will protect the pool from flooding.

48        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.

49        Excavation greater the 1m

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

The applicant shall:-

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

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

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

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

            A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works.  

 

The above matters are to be completed and documentation submitted to Council PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

All recommendations of the Geotechnical Engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

50        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.

 

51        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

 

52        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. 

 

53        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.

 

54        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.

 

55        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

56        Certificate of Satisfactory Completion.  Certificates from a registered and licensed Plumber, Builder, or a suitably qualified Engineer must be obtained for the following matters.  The plumber, builder is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority, prior to issue of any Occupation Certificate.

 

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

 

2)         All works have been completed in accordance with the issued Construction Certificate and Conditions of this determination.

 

If Council is appointed the Principal Certifying Authority then the appropriate inspection fee is to be paid to Council with the subject documentation.

 

Landscaping

 

57.       The submission of a landscape plan which shows a vegetative screen between the 23A and 25 Glenview Street.  The vegetative screen is to be planted and maintained at a height where it provides privacy to 25 Glenview from the northern side deck of 23A Glenview.  The planting selected is to be endorsed by Council prior to the issue of the Construction Certificate.

Glazing

 

58.       The louvre bathroom windows are to be of a frosted type.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

 

 

 

General Managers Reports

 

General Managers Report No. 29

SUBJECT: Woolworths Lane Cove Market Square - Status Report

311

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

 

1.                  The Woolworths Lane Cove Market Square report be received and noted.

 

2.             Council be provided with regular updates on progress particularly outlining any non compliance with approved plans and progress on meeting sustainability objectives.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 29

SUBJECT: Graffiti Removal Policy

312

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

 

1.            Council adopt the Draft Village Graffiti Reduction Program Policy and draft Graffiti Management Plan, both dated 25 August 2008.

 

2.      The Lane Cove ALIVE Leadership Group be thanked for their contribution to the project.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 26

SUBJECT: Draft Recreation Action Plan

313

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

 

1.      Council adopts the Draft Recreation Action Plan dated 26 August 2008 for the purposes of public exhibition.

 

2.      The Draft Recreation Action Plan be placed on public exhibition for 60 days and community consultation take place in accordance with the Consultation Strategy outlined in the report.

 

3.      A further report is submitted to Council following the exhibition period to consider the final Recreation Action Plan for adoption.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 


Environmental Services Division Reports

 

Environmental Services Division Report No. 53

SUBJECT: Draft Advertising & Signage DCP

314

RESOLVED on the motion of Councillors Longbottom and Smith that consideration of the matter be deferred and:-

 

  1. The wording in relation to above awning signs be reviewed to clarify the number permitted per building; and

 

  1. Mowbray Road Shops be included as a Neighbourhood Centre.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 356

SUBJECT: 80 Longueville Road, Lane Cove (The Longueville Hotel)

 

MOTION

 

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

 

A.         That pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act , 1979,as amended, the development consent D166/04 granted on 15 August 2005 (and as modified on 21 September 2005) for alterations and additions including minor demolition, extensions to the basement level for additional food and beverage storage, an outdoor bar, lounge and amenity block at the ground floor level, alterations to the two main facades and new signage on Lot 101  DP1092787, and known as 80 Longueville Road , Lane Cove, is amended in the following manner:

 

            By amending Condition 3 to read :

 

“3. The hours of operation of the outdoor area are not to exceed 12 midnight on Monday to Saturday nights and 11pm on Sunday evenings.   This extension of hours is for a 6 month trial period.   If at the end of the trial period the additional hour occupation of the rear deck has not resulted in a loss of amenity then the use of the area can continue within the amended time limits.   During the trial period, Council reserves the right to revert to the original approved hours in the event that a nuisance is caused by the extended trading.”

 

 

FORESHADOWED MOTION

 

A Foreshadowed Motion was moved by Councillors D’ Amico and Hassarati that:

 

A.         That pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act , 1979,as amended, the development consent D166/04 granted on 15 August 2005 (and as modified on 21 September 2005) for alterations and additions including minor demolition, extensions to the basement level for additional food and beverage storage, an outdoor bar, lounge and amenity block at the ground floor level, alterations to the two main facades and new signage on Lot 101  DP1092787, and known as 80 Longueville Road , Lane Cove, is amended in the following manner:

 

            By amending Condition 3 to read :

 

“3. The hours of operation of the outdoor area are not to exceed 12 midnight on Monday to Sunday evenings.   This extension of hours is for a 6 month trial period.   If at the end of the trial period the additional hour occupation of the rear deck has not resulted in a loss of amenity then the use of the area can continue within the amended time limits.   During the trial period, Council reserves the right to revert to the original approved hours in the event that a nuisance is caused by the extended trading.”

 

315

For the Motion were Councillors Freedman, Gaffney, Lawson, Longbottom, Smith, Teirney and Tudge (Total 7).

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

 

The Foreshadowed Motion lapsed.

 

Environmental Services Division Report No. 55

SUBJECT: Proposed Amendment to Subdivision Policy LO1005

316

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

 

1.         Subject to the following amendments, Council endorse the draft amended Subdivision Policy LO1005 dated 1st September 2008 for the purposes of public exhibition, shown attached as AT4 and proceed to public  exhibition as per the consultation strategy outlined in the report:-

 

“Objective

 

Protection of amenity while permitting the subdivision of lots, including lots smaller than usual (550m2), environmentally sensitive areas or where significant impacts on neighbours are likely and careful design is required to minimise those impacts.

 

            Where a development application for residential subdivision of an existing lot into two or more lots is proposed on land that is environmentally …”

 

2.      A report be brought to Council advising of the exhibition findings together with appropriate  recommendations.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 123

SUBJECT: 9 Park Road, Greenwich

317

RESOLVED on the motion of Councillors Longbottom and Smith that pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, development consent D93/119 granted on 10 October 1994 for the conversion of the existing building at 9 Park Road, St. Leonards into a boarding-house, is amended in the following manner:

 

A.         By amending Condition B 11 to read:

 

            “B 11.   Two (2) car parking spaces are to be provided at the rear of 9 Park Road and are to be accessed directly off Park Lane

 

 

B.        All of the other conditions of the original development consent, i.e. being conditions B1-10, and B12-15 inclusive, are retained.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith, Teirney and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

 

ADJOURNMENT

 

The meeting was adjourned at 9:55pm.

 

RESUMPTION

 

The meeting resumed at 10:45pm.

CLOSE

 

The meeting closed at 10:46pm.

 

Confirmed at the Ordinary Council Meeting of 7 October 2008, at which meeting the signature herein is subscribed.

 

 

 

 

MAYOR

 

 

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