m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

Ordinary Council Meeting

17 August 2009 6:37pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 17 August 2009

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S.Forrest, Councillor W. Gaffney, Councillor K. Mcilroy, Councillor P.Palmer, Councillor A. Smith 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 and Chief Executive Secretary.

 

 

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:

 

CONFIDENTIAL ITEMS

 

Environmental Services Division Report No. 20

SUBJECT: Request by Owner for Council to purchase land at 34 Ronald Avenue

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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 Council will give consideration to the purchase price to be offered for the land to be acquired and such if disclosed could prejudice negotiations.

 

 

Environmental Services Division Report No. 22

SUBJECT: Request by Owner for Council to purchase land at 349 Burns Bay Road, Lane Cove

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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 Council will give consideration to the purchase price to be offered for the land to be acquired and such if disclosed could prejudice negotiations.

 

 

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.

 

 

Human Services Division Report No. 12

SUBJECT: Tender for Library Fit-Out

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; 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  Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.  It is not in the public interest to reveal all details of these tenders or the assessment process.  Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council.  The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council's decision.

 

No member of the public made representations.

 

PROCEDURAL MOTION

243

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

                         

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

                

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

                

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

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Council moved into Closed Committee of Council. There were no members of the public present and the media left the chamber.

 

Closed Committee of Council commenced.

 

Environmental Services Division Report No. 20

SUBJECT: Request by Owner for Council to purchase land at 34 Ronald Avenue

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council proceed as discussed in Closed Committee of Council.

 

Environmental Services Division Report No. 22

SUBJECT: Request by Owner for Council to purchase land at 349 Burns Bay Road, Lane Cove

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council proceed as discussed in Closed Committee of Council.

 

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 Performance Agreement 2009/2010.

 

Human Services Division Report No. 12

SUBJECT: Tender for Library Fit-Out

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That:

 

  1. The tender from Buildcorp Interiors Pty Ltd for the fitout of the Lane Cove Library be accepted.

 

  1. The General Manager be authorised to enter into a contact with Buildcorp Interiors Pty Ltd.

 

Procedural Motion

244

RESOLVED on the motion of Councillors Smith and Brooks-Horn that Open Council Resume.

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

DECLARATIONS OF INTEREST:

 

Nil.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Mr Peter Brown, General Manager.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

Suspension of Standing Orders

245

RESOLVED on the motion of Councillors Smith and Mcilroy that Standing Orders be Suspended to allow any members of the public wishing to address Council to do so for a maximum of three minutes.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

The following persons addressed Council:-

 

Linda Reiss 2 Church Street Greenwich regarding the Development Application for 4 Church Street Greenwich.   She requested the building height be reduced to retain the existing views from 2 Church Street.

 

Mark Reiss 2 Church Street Greenwich regarding the non compliance of Development Application for 4 Church Street Greenwich and the potential impact on the surrounding properties.

 

Patricia Quealey 9 Robert Street Greenwich on behalf of Pat & Colin Ayres of 11 Robert Street Greenwich who oppose the Development Application for 4 Church Street Greenwich  because of the building height and a balcony which exceeds Council regulations.

 

Patricia Quealey 9 Robert Street Greenwich then spoke on her own behalf regarding height restrictions on foreshore properties  Regarding the Development Application for 4 Church Street Greenwich she opposed the building height, bulk, overdevelopment of site, loss of view from surrounding properties and the unsuitability for such a development in a heritage area. 

 

Jon Johannsen 29 Karilla Ave Lane Cove and spokesperson for Lane Cove ALIVE Leadership Group (LCALG gave praise to  the market which was held in the Plaza on Sunday 16 August.   He  gave comment on the Lloyd Rees Bandstand and requested that a representative of LCALG be on the Lloyd  Rees Bandstand Working Party.

 

Maria Linders 69 Burns Bay Road Lane Cove speaking as resident, requested membership of a LCALG representative on the Lloyd Rees Bandstand Working Party.

 

Tom Lawson Victoria Street Greenwich gave comment on the Closed Committee Council Agenda for 17 August and requested additional information be made available to the public as follows:-

land proposed for purchase – should include  the nature of land and approximate valuation;

the General Manager’s Performance - should include  targets and benchmarks; and

the Library Fitout  - should include  approximate value of the contract and Council’s budget for the project.

 

Neil Cooper 18 Haughton Street Linley Point opposed to a boatshed at Cunninghams Reach and expressed disappointment that Linley Point residents were not consulted regarding the proposal by Sydney University.

 

Greg Irving 19 Bent Street Greenwich, owners of 4 Church Street Greenwich explained the design of the proposed building at 4 Church Street.   He claimed the building would cause minimal view loss to neighbouring houses in Robert Street.

 

Pamela Irving 19 Bent Street Greenwich and owner of 4 Church Street Greenwich in support of the Development Application for 4 Church Street Greenwich.

 

Judy Mitchell 20 Coonah Pde Riverview in support of a cooperative approach be given to the future of the Lloyd Rees Bandstand.

 

Resumption of Standing Orders

246

RESOLVED on the motion of Councillors Smith and Brooks-Horn that Standing Orders be resumed.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

CONFIDENTIAL ITEMS

 

The following recommendations of Council  in Closed Committee were read to the meeting by the General Manager, prior to being adopted:

 

Environmental Services Division Report No. 20

SUBJECT: Request by Owner for Council to purchase land at 34 Ronald Avenue

247

RESOLVED on the motion of Councillors Smith and Forrest that Council proceed as discussed in Closed Committee of Council.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy and Tudge (Total 8).

Against the Motion was Councillor Palmer (Total 1).

 

Environmental Services Division Report No. 22

SUBJECT: Request by Owner for Council to purchase land at 349 Burns Bay Road, Lane Cove

248

RESOLVED on the motion of Councillors Smith and Bennison that Council proceed as discussed in Closed Committee of Council.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Mayoral Minute No. 4

SUBJECT: Performance Review of the General Manager

249

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

 

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

 

2.         Endorse the General Manager’s Performance Agreement 2009/2010.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Human Services Division Report No. 12

SUBJECT: Tender for Library Fit-Out

250

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

 

  1. The tender from Buildcorp Interiors Pty Ltd for the fitout of the Lane Cove Library be accepted.

 

  1. The General Manager be authorised to enter into a contact with Buildcorp Interiors Pty Ltd.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

251

RESOLVED on the motion of Councillors Longbottom and Smith that Environmental Services Division Report No. 242 – 4 Church Street Greenwich be brought forward and dealt with at this time.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 242

SUBJECT: 4 Church Street, Greenwich

 

MOTION

 

A motion was moved by 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 249/2008 for the demolition of the existing dwelling house and garage and the erection of a dwelling house with basement garage on Lot 2, DP 84165 and known as 4 Church Street, Greenwich subject to the following conditions:-

 

1.         (20) That the development be strictly in accordance with the following approved drawings prepared by Haviland Architects except as amended by the following conditions:

 

-           Proposed site Plan, A02, Revision G, dated 15.06.09;

-           Proposed Lower Ground Floor Plan, A05, Revision G, dated 15.06.09;

-           Proposed Ground Floor Plan, A06, Revision G, dated, 15.06.09;

-           Proposed First Floor, A07, Revision G, dated 15.06.09;

-           Roof Plan, A08, Revision G, dated 15.06.09;

-           Proposed Northern & Eastern Elevations, A09, Revision G, dated 15.06.09;

-           Proposed Southern & Western Elevations, A10, Revision G, dated             15.06.09;

-           Sections AA & Boundary Elevation-South, Revision G, dated 15.06.09;

-           Section BB, Revision G, dated 15.06.09; and

-           Landscape Plan, LA-01, Revision B, prepared by Isenegger Landscape Architect, dated 20.06.09.

 

1A.       Amended Plans to be Submitted

Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate.

 

(i)         The floor space of the dwelling house shall not exceed 270m2 and the proposed development must not exceed the FSR of 0.61:1.

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

 

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

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

11.       (39) The building not to be used for separate occupation or commercial purposes.

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

17.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

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

 

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

 

a          Dampcourse level;

b          The establishment of the first floor level;

c          The roof framing; and

d          The completion of works.

 

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

 

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

 

21.       (67) 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

29.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

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

 

31.       (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

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

 

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

 

33.       Construction and Site Management Plan

 

Prior to the issue of a Construction Certificate the applicant shall submit to the accredited certifier a construction and site management plan that clearly sets out the following:

 

(a)       what actions and works are proposed to ensure safe access to and from the site and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like,

 

 

(b)       the proposed method of loading and unloading excavation machines, building materials, formwork and the erection of any part of the structure within the site,

 

(c)       the proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period,

 

(d)       how it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways,

 

(e)       the proposed method of support to any excavation adjacent to adjoining properties, or the road reserve.  The proposed method of support is to be designed by a chartered Civil Engineer or an accredited certifier.

 

Where it is proposed to:

·     pump concrete from within a public road reserve or laneway, or

·     stand a mobile crane within the public road reserve or laneway, or

·     use part of Council’s road/footpath area,

·     pump stormwater from the site to Council’s stormwater drains, or

·     store waste and recycling containers, skip, bins, and/or building materials on part of Council’s footpath or roadway,

 

An Activity Application for a construction zone, a pumping permit, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee shall be submitted to Council and approval obtained before a Construction Certificate is issued.

            Note: A separate application to Council must be made for the enclosure of a public place (hoarding).

(f)         No vehicles are permitted to park on Church Street, Greenwich.

 

34.       Support for Neighbouring Buildings and Notice to Adjoining Owners

 

(1)        If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:


 

(a)       must preserve and protect the building from damage, and

 

(b)       if necessary, must underpin and support the building in an approved manner, and

 

(c)       must at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

 

(2)        The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

 

Notes: 

 

(i)         Details of underpinning works, prepared and certified by a practicing structural engineer shall be submitted to and approved by the Principal Certifying Authority prior to the commencement of any works.

 

(ii)        Allotment of land includes a public road and any other public place.

 

Landscaping Conditions

 

35.       (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.

 

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

 

37.       (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.

 

38.       (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.

 

39.       (304)  All street trees to be retained must be protected during the construction process and to be addressed in the Tree Protection Plan.

 

40.       (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.

 

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

 

42.       (307a)  Any weeds lists under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

 

43.       (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.

 

44.       (317) A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 1.2m from the trunk of the Eucalypt tree standing on the opposite side of Church Street in front of the site. 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 each tree protection zone stating ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

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

 

45.       (new) A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 3m from the trunk of the Pittosporum undulatum standing in the northeast corner of the site.  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.

 

46.       (333)  In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Bushland Manager must be notified immediately.  Any clean up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Bushland Manager. 

 

47.       (335)  All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

 

48.       (new) The landscape plans compiled by Philipp Iseneggger (24/08/2008), submitted with the proposal are to the satisfaction of Council and must be adopted as part of this consent.

 

49.       (383)  The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

General Engineering Conditions

50.       (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.

 

51.       (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. 

 

52.       (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.

 

53.       (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.

 

54.       (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.

 

55.       (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.

 

56.       (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’.

 

57.       (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

 

58.       (A9) 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.

 

59.       (V3) Car parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

60.       (R1) Rainwater Reuse Tanks: The proposed rainwater tank is 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.

 

61.       (S1) Stormwater requirement Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism

·           All impervious areas are to drain to the street

·           Environmental pollution control pit is to be installed just prior to the connection to the street system

The design and construction of the drainage system is to fully comply with, AS-3500 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.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

62.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 08123/c1 prepared by Docker Smith dated August 2008

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principle Certifying Authority stating that the design fully complies with, AS-3500 and Council's DCP-Stormwater management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

 

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

 

63.       (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.

 

64.       (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 

 

65.       (V1) Proposed Vehicular Crossing: The proposed Vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of residential Vehicular Footpath Crossing’ application shall be submitted 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. 

 

66.       (D2) Geotechnical report: A geotechnical report is to be completed for the excavations and retaining structures proposed for the development. The Geotechnical Report 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.

 

67.       (D3) Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate.. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction.

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.

 

68.       (D4) 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 details must include a geotechnical report to determine the design parameters appropriate to the specific development and site.

 

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.

 

69.       (D5) Dilapidation report The applicant is to provide a dilapidation report of all adjoining properties and any of Council's 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.

 

70.       (T1) Design of retaining structures: All retaining structures grater than 1m in height are to be designed and certified for construction 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

 

71.       (D6) Certification of retaining structures and excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out;

·           In accordance with Construction Methodology Report, Geotechnical Monitoring Program

·           Approved and certified retaining structures design

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

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.

 

Engineering Conditions to be Complied with Prior to Commencement of Construction

 

72.       (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

73.       (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. 

 

FORESHADOWED MOTION

 

 

A Foreshadowed Motion was moved by Councillors Palmer and Forrest 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 249/2008 for the demolition of the existing dwelling house and garage and the erection of a dwelling house with basement garage on Lot 2, DP 84165 and known as 4 Church Street, Greenwich subject to the following conditions:-

 

1.         (20) That the development be strictly in accordance with the following approved drawings prepared by Haviland Architects except as amended by the following conditions:

 

-           Proposed site Plan, A02, Revision G, dated 15.06.09;

-           Proposed Lower Ground Floor Plan, A05, Revision G, dated 15.06.09;

-           Proposed Ground Floor Plan, A06, Revision G, dated, 15.06.09;

-           Proposed First Floor, A07, Revision G, dated 15.06.09;

-           Roof Plan, A08, Revision G, dated 15.06.09;

-           Proposed Northern & Eastern Elevations, A09, Revision G, dated 15.06.09;

-           Proposed Southern & Western Elevations, A10, Revision G, dated             15.06.09;

-           Sections AA & Boundary Elevation-South, Revision G, dated 15.06.09;

-           Section BB, Revision G, dated 15.06.09; and

-           Landscape Plan, LA-01, Revision B, prepared by Isenegger Landscape Architect, dated 20.06.09.

 

1A.       Amended Plans to be Submitted

Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate.

 

(i)         The floor space of the dwelling house shall not exceed 270m2 and the proposed development must not exceed the FSR of 0.61:1.

 

 (ii)       The Building be lowered by .5 M to  RL 29.81

 

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

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

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

11.       (39) The building not to be used for separate occupation or commercial purposes.

 

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

 

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

 

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

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

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

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

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

 

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

 

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

 

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

17.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

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

 

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

 

a          Dampcourse level;

b          The establishment of the first floor level;

c          The roof framing; and

d          The completion of works.

 

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

 

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

 

21.       (67) 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

29.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

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

 

31.       (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

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

 

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

 

33.       Construction and Site Management Plan

 

Prior to the issue of a Construction Certificate the applicant shall submit to the accredited certifier a construction and site management plan that clearly sets out the following:

 

(a)       what actions and works are proposed to ensure safe access to and from the site and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like,

 

 

(b)       the proposed method of loading and unloading excavation machines, building materials, formwork and the erection of any part of the structure within the site,

 

(c)       the proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period,

 

(d)       how it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways,

 

(e)       the proposed method of support to any excavation adjacent to adjoining properties, or the road reserve.  The proposed method of support is to be designed by a chartered Civil Engineer or an accredited certifier.

 

Where it is proposed to:

·     pump concrete from within a public road reserve or laneway, or

·     stand a mobile crane within the public road reserve or laneway, or

·     use part of Council’s road/footpath area,

·     pump stormwater from the site to Council’s stormwater drains, or

·     store waste and recycling containers, skip, bins, and/or building materials on part of Council’s footpath or roadway,

 

An Activity Application for a construction zone, a pumping permit, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee shall be submitted to Council and approval obtained before a Construction Certificate is issued.

            Note: A separate application to Council must be made for the enclosure of a public place (hoarding).

(f)         No vehicles are permitted to park on Church Street, Greenwich.

 

34.       Support for Neighbouring Buildings and Notice to Adjoining Owners

 

(1)        If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:


 

(a)       must preserve and protect the building from damage, and

 

(b)       if necessary, must underpin and support the building in an approved manner, and

 

(c)       must at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

 

(2)        The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

 

Notes: 

 

(i)         Details of underpinning works, prepared and certified by a practicing structural engineer shall be submitted to and approved by the Principal Certifying Authority prior to the commencement of any works.

 

(ii)        Allotment of land includes a public road and any other public place.

 

Landscaping Conditions

 

35.       (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.

 

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

 

37.       (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.

 

38.       (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.

 

39.       (304)  All street trees to be retained must be protected during the construction process and to be addressed in the Tree Protection Plan.

 

40.       (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.

 

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

 

42.       (307a)  Any weeds lists under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

 

43.       (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.

 

44.       (317) A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 1.2m from the trunk of the Eucalypt tree standing on the opposite side of Church Street in front of the site. 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 each tree protection zone stating ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

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

 

45.       (new) A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 3m from the trunk of the Pittosporum undulatum standing in the northeast corner of the site.  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.

 

46.       (333)  In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Bushland Manager must be notified immediately.  Any clean up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Bushland Manager. 

 

47.       (335)  All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

 

48.       (new) The landscape plans compiled by Philipp Iseneggger (24/08/2008), submitted with the proposal are to the satisfaction of Council and must be adopted as part of this consent.

 

49.       (383)  The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

General Engineering Conditions

50.       (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.

 

51.       (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. 

 

52.       (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.

 

53.       (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.

 

54.       (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.

 

55.       (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.

 

56.       (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’.

 

57.       (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

 

58.       (A9) 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.

 

59.       (V3) Car parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

60.       (R1) Rainwater Reuse Tanks: The proposed rainwater tank is 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.

 

61.       (S1) Stormwater requirement Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism

·           All impervious areas are to drain to the street

·           Environmental pollution control pit is to be installed just prior to the connection to the street system

The design and construction of the drainage system is to fully comply with, AS-3500 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.

 

Engineering Conditions to be Complied with Prior to Construction Certificate

 

62.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 08123/c1 prepared by Docker Smith dated August 2008

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principle Certifying Authority stating that the design fully complies with, AS-3500 and Council's DCP-Stormwater management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

 

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

 

63.       (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.

 

64.       (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 

 

65.       (V1) Proposed Vehicular Crossing: The proposed Vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of residential Vehicular Footpath Crossing’ application shall be submitted 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. 

 

66.       (D2) Geotechnical report: A geotechnical report is to be completed for the excavations and retaining structures proposed for the development. The Geotechnical Report 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.

 

67.       (D3) Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate.. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction.

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.

 

68.       (D4) 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 details must include a geotechnical report to determine the design parameters appropriate to the specific development and site.

 

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.

 

69.       (D5) Dilapidation report The applicant is to provide a dilapidation report of all adjoining properties and any of Council's 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.

 

70.       (T1) Design of retaining structures: All retaining structures grater than 1m in height are to be designed and certified for construction 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

 

71.       (D6) Certification of retaining structures and excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out;

·           In accordance with Construction Methodology Report, Geotechnical Monitoring Program

·           Approved and certified retaining structures design

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

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.

 

Engineering Conditions to be Complied with Prior to Commencement of Construction

 

72.       (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

73.       (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

 

 

The Motion was put to the meeting and declared lost.

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn and Longbottom (Total 4).

Against the Motion were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 5).

 

252

The Foreshadowed Motion became the Motion was put to the meeting and declared carried.

 

For the Motion were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 5).

Against the Motion were Councillors Smith, Bennison, Brooks-Horn and Longbottom (Total 4).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 3 AUGUST 2009

253

RESOLVED on the motion of Councillors Tudge and Smith that the minutes of the Ordinary Council meeting held on the 3 August 2009 be received.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

254

RESOLVED on the motion of Councillors Tudge and Smith that the minutes of the Ordinary Council meeting held on the 3 August 2009 be confirmed.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Notices of Rescission

 

Notice of Rescission No. 3

SUBJECT: Lloyd Rees Bandstand Temporary Modifications

 

MOTION

 

A motion was moved by Councillors Bennison and Smith that the resolution in relation to Notice of Motion No. 6 of 3 August 2009 for temporary modifications to the Lloyd Rees Bandstand be rescinded.

 

 

Upon being put to the Meeting, the motion was declared lost.

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn and Longbottom (Total 4).

Against the Motion were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 5).

 

NOTICE OF MOTION NO. 7 Lapsed.

ADJOURNMENT

 

The Council Meeting was adjourned at 8.30pm.

 

The Mayor opened the Planning & Building and the Services & Resources Committee Meetings at 8.30pm and adjourned them.

 

RESUMPTION

 

The Council meeting resumed at 8.31pm.

 

Orders Of The Day

 

Order Of The Day No. 13

SUBJECT: Council and Committee Meeting Schedule - September 2009

255

RESOLVED on the motion of Councillors Smith and Brooks-Horn the Council and Committee Meeting Schedule for September 2009 be adopted.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 40

SUBJECT: 4th Quarter Review of the 2008 - 2011 Management Plan

256

RESOLVED on the motion of Councillors Smith and Tudge that the Fourth Quarter Review of the 2008-2011 Management Plan be received with a correction  that the Bicycle Plan has been adopted.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer 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. 35

SUBJECT: Operational Review of Village Express Shuttle Service

257

RESOLVED on the motion of Councillors Longbottom and Tudge that matter be deferred for consideration at the Council meeting to be held on 21 September 2009.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 44

SUBJECT: Fishing from Wharves

258

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

 

1.   The proposal to investigate restrictions on night time fishing activity from a number of public areas be placed on public exhibition for 12 weeks and community consultation takes place in accordance with the Consultation Strategy outlined in the report and that appropriate signage be installed during the consultation period.

 

  1. A further report be submitted to Council following the exhibition period to determine what future action is to be taken.

 

3.   A report be submitted to Council regarding improvements to lighting on the four wharves.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 235

SUBJECT: Lane Cove Occasional Childcare Centre - Phoenix Street Lane Cove

259

RESOLVED on the motion of Councillors Smith and Tudge 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 DA09/123 for internal alterations to the existing child care centre, construction of a retractable awning and disabled access ramp on lots 93,94 & 95 in DP 5922 and known as Lane Cove Occasional Childcare Centre subject to the following conditions:-

 

1.         That the development be strictly in accordance with drawing number FL02, F03 and FL04 dated June 09 by Nadia D’Amico except as amended by the following conditions.

 

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

 

3.         Prior to the issue of a Construction Certificate, a Statement of DDA Consistency Regarding Access and Mobility must be submitted to the Certifying Authority. This Statement must be completed by an access accredited professional. Alternatively, an independent access audit of the design must be undertaken to ensure that the designs adhere to the Australian Standard 1428.1-4:2001 and compliance with the provisions of the Disability Discrimination Act 1992.

 

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

 

5.         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.         An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

7.         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.

 

8.         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.

 

9.         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.

 

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

b)         Waterproofing of wet areas

c)         Completion.

 

11.       The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations, and the WorkCover Authority. Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

12.       Compliance with Australian Standard 2601 - The Demolition of Structures.

 

13.       Submission of a Waste Management Plan for the disposal of all waste material, spoil and excavated material, and documentation detailing the destination of materials in accordance with this Plan.  The Waste Management Plan and accompanying details shall be submitted PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

14.       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.

 

15.       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.

 

16.       If at the commencement of, or during the demolition stage of the development, it becomes apparent that all or any of the existing structures that were to be retained may require demolition, works are to cease immediately. The Principal Certifying Authority is to advise Council of the status of the works and the proposed method of rectification. It should be noted that any variations to the approved consent will require the lodging of a new Development Application.

 

17.       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.

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

 

18.       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.

 

19.       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. 

 

20.       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.

 

21.       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.

 

22.       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.

 

23.       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.

 

24.       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’.

 

25.       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

 

Engineering Conditions to be Complied with Prior To Construction Certificate

 

26.       Design of retaining structures: All retaining structures grater than 1m in height are to be designed and certified for construction 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

 

27.       Stormwater requirement The stormwater runoff from all 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

 

28.       Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 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.

 

29.       Erosion and Sediment Control Plan: 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

 

30.       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

 

31.       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 any Occupation Certificate confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater management. 

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Human Services Division Reports

 

Human Services Division Report No. 11

SUBJECT: Tender for Library Fit-Out

260

RESOLVED on the motion of Councillors Tudge and Brooks-Horn that Council receive and note that the successful tenderer is Buildcorp Interiors Pty Ltd.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

QUESTIONS WITHOUT NOTICE

 

Councillor Bennison asked the following Question Without Notice:-

 

Could a Councillors Workshop be held to decide what can be disclosed to the public in Closed Committee of Council?

 

 

 

 

CLOSE

 

The meeting closed at 8:56pm.

 

Confirmed at the Ordinary Council Meeting of 7 September 2009, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document2