Minutes
Ordinary Council Meeting
16 February 2009
– 7:00PM
All
minutes are subject to confirmation at a subsequent
meeting
and may be amended by resolution at that meeting.
Minutes
Ordinary Council Meeting
16 February 2009
– 7:00PM
All
minutes are subject to confirmation at a subsequent
meeting
and may be amended by resolution at that meeting.
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Minutes |
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PRESENT: Councillor I. Longbottom (Chair), Councillor
S. Bennison, Councillor D. Brooks-Horn, Councillor S.Forrest, Councillor W.
Gaffney, Councillor K. Mcilroy, Councillor P.Palmer and Councillor A. Smith.
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 Unit and Chief Executive’s
Secretary.
DECLARATIONS OF INTEREST:
Nil.
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by the General
Manager.
ACKNOWLEDGEMENT OF
COUNTRY
The Mayor gave an Acknowledgement of Country.
The following people addressed Council:-
Sharron Scott – Riverview expressing concern regarding the use of
Fran Teirney
Fred Schutes on behalf of the owner of
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CONFIRMATION OF MINUTES OF
ORDINARY COUNCIL MEETING - 2 FEBRUARY 2009 |
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RESOLVED on the motion of
Councillors Smith and Mcilroy that the minutes of the Ordinary Council
meeting held on the 2 February 2009 be received. |
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For the Motion were Councillors Smith, Bennison,
Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy and Palmer (Total 8). Against the Motion was Nil (Total 0). |
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RESOLVED on the
motion of Councillors Smith and Mcilroy that the minutes of the Ordinary
Council meeting held on the 2 February 2009 be confirmed. |
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For the Motion were Councillors Smith, Bennison,
Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy and Palmer (Total 8). Against the Motion was Nil (Total 0). |
ORDERS OF THE DAY
Councillor
Forrest tabled documentation regarding background to the construction of the
Lloyd Rees Bandstand and requested it be circulated to Councillors and the Uban
Planning revewing the Plaza.
Corporate Services
Division Reports
Open Space and Urban Services Division
Reports
Environmental Services
Division Reports
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SUBJECT: |
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RESOLVED on the motion of Councillors Smith and Bennison that
pursuant to Section 80(1)(a) of the Environmental Planning and Assessment
Act, 1979, as amended the Council grants development consent to Development
Application 08/315 for the change of use of the police station to an 18 place
child care centre, with a community facilities component on lot 51 DP 10155
and known as 47 Burns Bay Road, Lane Cove subject to the following
conditions: 1. (20) That the development be strictly in accordance
with drawing number 122 081 Sheets DA01 to DA03, Issue A, dated October 2008
and DA04 issue A dated September 2008 by Dillon & Savage Architects.,
except as amended by the following conditions: 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. The Centre to be designed in accordance with the
Children’s Services Regulation 2004, and to be licensed the NSW Department of
Community Services prior to occupation. 5. In accordance with the
noise impact report dated 26 September 2008 by Acoustic Logic Consultancy,
the following measures are to be implemented to minimise environmental noise
impacts:- a) A 1.8m
high solid fence must be installed along the western boundary (except the
section screened by the existing shed) and a minimum 1.5m high fence must be
installed along the northern boundary, with all gaps and junctions being
acoustically sealed. The acoustic
fence it to be erected independent of the dividing fence. Details of the construction and finishes of
the fence being submitted to and approved by the principal certifying
authority prior to the issue of a construction certificate. b) A 6m wide
solid roof canopy must be installed along the western boundary of the outdoor
play area as shown in Figure 2 on Page 10 of the report. The external finish of the canopy shall be
of a low reflectivity and be of a dark, subdued tone to minimise the
likelihood of nuisance being caused to the adjoining residential units. The roof materials may be colourbond or FC
sheet. Alternatively a flexible cover
may be used provided the cover is impervious and has a minimum mass of not
less then 1.7kg/ sqm. Details of the
external roof finishes being submitted to and approved by the principal
certifying authority prior to the issue of a construction certificate. c) Signs
reminding staff and visitors to minimise noise at all times shall be
installed at entry and exit points from the centre. d) A maximum
of 18 children are permitted to use the outdoor play area at any one time. e) Windows/doors
on the western facade of play rooms must be installed with acoustic seals and
consist of minimum 4mm thick glass which shall remain closed. f) A
noise management plan must be developed and approved prior to the occupation
certificate being issued. The noise
management plan must include supervision of children to minimise noise, a
visible contact phone number displayed at the front of the centre for
complaints and a complaints handling procedure. 6. The entry to the carpark is to
be signposted with signs indicating “Staff Only Parking” to deter other vehicles from entering the
site. 7. All vehicles are to enter and
exit the site in a forward direction. 8. All vehicles are to be wholly
contained on site before being required to stop. 9. The
proposed turning areas within the carpark are to be kept clear of any
obstacles, including parked cars at all times. 10. The required sight lines to
pedestrians or other vehicles in or around the entrance and car park are not
to be compromised by landscaping or signage. 11. The access ramp at the front of the property is to be designed for
ease of use, this may include a “rounding” of the corners of the ramp. 12. The erection of 600mm high lattice privacy screens on the rear and
western fence where they abut the play area, provided agreement is reached
with the adjoining owners. 13. The masonry fencing across the frontage of the property to be
compatible with the existing building in terms of colour. 14. The hours of operation being
restricted to the following hours:- · Childcare Centre: Monday to
Friday from 8am to 4pm during school terms and 9am to 3pm for vacation care
during school holidays. · Community Centre: Generally 9am and 5pm Monday to Friday with
any out of hours use restricted to 10pm. 15. As there is a change of building use, the
provisions of Clause 78B of the Environmental Planning and Assessment
Regulation 1998 must be complied with. 16. 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. 17. An Occupation Certificate being obtained from
the Principal Certifying Authority before the occupation of the building. 18. (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. 19. (302) The protection on site,
without damage, of all existing trees, excepting those shown in the approved
plan to be removed or pruned.
Irrespective of this consent permission from Council must be obtained
for the removal or pruning of any
trees, including the cutting of any tree roots greater than 40 mm in
diameter. 20. (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. 21. (308) Rubbish must be stored in
a locked container / cage. Any
building rubbish that is not contained must be cleaned up immediately,
including the immediate worksite, surrounding area and/or public open space. 22. A 1.8 m high fence of chain mesh shall be erected a radial distance of
not less than 2.4m from the trunk of the Eucalyptus Nicholii to be protected,
or if this is not possible at a distance, to be determined, on site, by
Council’s Tree Preservation Officer at the time of erection of the tree
protection fence. The fenced area
shall not be used for the storage of building materials, machinery, site
sheds, or for advertising and the soil levels within the fenced area shall
remain undisturbed. A
waterproof sign must be placed on the tree protection zone stating ‘NO
ENTRY 23. (350) The trunk of the 24. (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. 25. The construction of the retaining wall, sign and
access ramp must be carried out using a pier and beam type footing within 5m of
the trunk of the Eucalyptus Nicholii save the east side of the tree adjacent
to the existing driveway where the distance may be reduced to 3.5m. Excavation works for the pier locations
shall be individually hand dug with roots greater than 40mm diameter to be
retained and pier holes positioned to accommodate the larger roots. Any variation to the footing detail to be
discussed and agreed to by the Tree Preservation Officer. 26. The planting to be retained and the
planting proposed in the development to be in accordance with DOCS
requirements. 27. 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"). 28. 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. 29. 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. 30. The provision of four (4) on-site car parking
spaces for the use of the child care centre (2 spaces) and the community
centre (2 spaces) at all times. 31. The disabled parking space is to be
accessible at all times during operating hours and is to be compliant with
Part D.3 of the Building Code of Australia. 32. 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. 33. 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. 34. 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. 35. The cleaning out of ready-mix concrete
trucks, wheelbarrows and the like into Council's gutter is PROHIBITED. 36. 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) Any
stormwater drainage lines prior to backfilling k) Completion. 37. All timbers complying with
Timber Framing Code AS 1684-79. 38. All glazing is to comply with
the requirements of AS 1288. 39. 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. 40. All spillage deposited on the footpaths or
roadways to be removed at the completion of each days work. 41. The site being properly fenced to prevent
access of unauthorised persons outside of working hours. 42. All required exits and paths of travel to an
exit having, except for doorways, a minimum unobstructed width throughout of
1 metre and a minimum unobstructed vertical clearance throughout of 2 metres. 43. Illuminated exit and direction signs
complying with the requirements of Part E4 of the Building Code of Australia
are to be provided. 44. Floor wastes connected to an approved
sanitary fitting are to be provided to all bathrooms, laundries and w.c's. 45. Details of the location of the waste storage
and recycling container storage area are to be submitted PRIOR TO THE ISSUE
OF THE CONSTRUCTION CERTIFICATE. 46. It should be understood that this consent in
no way relieves the owners or applicant from any obligation to obtain any
other approval which may be required under any covenant affecting the land or
otherwise nor relieve a person from the legal civil consequences of not
complying with any such covenant. The applicant is to have the covenant (A873166)
removed from the title of the property in due course. 47. 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. General Engineering
Conditions 48. (A1) Design and Construction Standards: All
engineering plans and work shall be carried out in accordance with Council’s
standards and relevant development control plans except as amended by other
conditions. 49. (A2) Materials on Roads and Footpaths: Where the applicant requires the use of
council land for placement of building
waste, skips or storing materials a “Building
waste containers or materials in a public place” application form is to
be lodged. Council land is not to be occupied or used for storage until such
application is approved. 50. (A3) Works on Council Property: Separate application shall be made to Council's Urban Services
Division for approval to complete, 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. 51. (A4) 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: allow 2 working days for approval. 52. (A5) 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. 53. (A6) 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. All costs
associated with the relocation or removal of services shall be borne by the
applicant. 54. (A7) 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’. 55. (A8) Council Drainage Infrastructure: The proposed
construction shall not encroach onto any existing Council stormwater line or
drainage easement. If a Council stormwater line is located on the property
during construction, Council is to be immediately notified. Where necessary
the stormwater line is to be relocated to be clear of the proposed building
works. All costs associated with the relocation of the stormwater line are to
be borne by the applicant 56. (V3) Car parking: All parking and associated facilities are to be designed and
constructed in accordance with AS 2890 Series. Engineering conditions to be complied with prior to construction
certificate 57. (S2) Stormwater requirement 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 prior to
the issue of the construction certificate. 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 a drainage design is required. The stormwater
drainage plan is to be prepared and certified by a suitably qualified
engineer and submitted to the Principle Certifying Authority prior to the
issue of the construction certificate.
The design is to be certified that it fully complies with, AS-3500 and
Council's DCP-Stormwater management 58. (B1) Council infrastructure damage bond: The applicant
shall lodge with Council a $1000 cash bond or bank guarantee. The bond
is to cover the repair of damage to Council's roads, footpaths, kerb and
gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of
the occupational certificate. If Council determines that damage has occurred
as a result of the development, the applicant will be required to repair the
damage. Repairs are to be carried out within 90days from the notice. All
repairs are to be carried in accordance with council’s requirements. The full
bond will be retained if council’s requirements are not satisfied. Lodgement
of this bond is required prior to the issue of the Construction
Certificate. 59. (C1) 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 Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the
principal certifying authority to prior to the issue of the construction
certificate Engineering
conditions to be complied with prior to commencement of construction 60. (C2) Erosion and sediment control: The applicant shall install
appropriate sediment control devices prior
to the start of any works on the site. The devices are to be installed in
accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’. The devices shall be maintained
during the construction period and replaced when necessary. Engineering
Conditions to be complied with Prior to Occupation Certificate 61. (M2) Certificate
of Satisfactory Completion: Certificates from a registered and licensed
Plumber or a suitably qualified Engineer must be obtained for the following
matters. The plumber 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 the occupation certificate. · Confirming that
the site drainage system has been constructed in accordance with the relevant
Australian Standards and Council’s DCP-Stormwater management. · Confirming that
all parking and associated facilities have been designed and constructed in
accordance with AS 2890 Series. |
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For the Motion were Councillors Smith, Bennison,
Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy and Palmer (Total 8). Against the Motion was Nil (Total 0). |
QUESTIONS WITHOUT NOTICE.
Councillor
Palmer asked the following Question Without Notice regarding parking in
Parking in
Weekend
visitors to the area have difficulty restricting their visit to comply with the
time limits for parking and there seems no reason for 2 hour parking restrictions
to extend into the weekend.
Could
Council look at changing the restriction?
CLOSE
The meeting closed at 7:42pm.
Confirmed at the Ordinary Council Meeting of 2 March
2009, at which meeting the signature herein is subscribed.
MAYOR
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