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Minutes

Ordinary Council Meeting

7 September 2009 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 7 September 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,  Manager Traffic and Manager Open Space, Acting Executive Manager - Human Services, Acting Manager – Development Assessment and Chief Executive Secretary.

 

DECLARATIONS OF INTEREST:

 

Nil.

 

OPENING OF MEETING WITH PRAYER

 

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

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

Suspension of Standing Orders

261

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

 

 

For the Motion were Councillors 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:-

 

Sue Leitch 32 Vista St Greenwich regarding Environmental Services Division Report No. 38 – Request for Boundary Adjustment – 32 Vista Street, in support of a proposed land swap.

 

Tony Coote 31 Brompton Road, Hunters Hill opposed building of a Sydney University Boatshed at Cunningham’s Reach.

 

Peter Marosszeky 106 Riverview Street Riverview opposed building of a Sydney University Boatshed at Cunningham’s Reach.

 

Helen Prentice 68 Tambourine Bay Road, Riverview, representing Lane Cove Country Club supported improvements to the Golf Course and urged Council to follow the consultants recommendations regarding the 17th Green.

 

Ian Butters 51A Cliff Road, Northwood, on behalf of Lane Cove Country Club urging Council to take the advice of expert consultants regarding restoration of the 17th Green.

 

Peter Weston 12 Mary Street Longueville on behalf of the Bushland Management Advisory Committee opposed to clearing of bushland surrounding the 17th Green on the golf course.

 

Bob O’Hay, 3 Haldane Crescent Lane Cove opposed the Development Application for 330 Pacific Highway.

 

Rob Whitewood 330 Pacific Highway Lane Cove in support of the Development Application for 330 Pacific Highway.

 

John May 3 Glenview Street Greenwich opposed the Development Application for 19 Glenview Street Greenwich.

 

Merri Southwood Greenwich Community Association opposed the Development Application for 19 Glenview Street Greenwich.

 

Greg Dwyer 17 Glenview Street Greenwich opposed the Development Application for 19 Glenview Street Greenwich.

 

Ron Gornall 2 Mafeking Avenue Lane Cove opposed the thinning of bushland to restore the 17th Green of the golf course.   He claimed fungi which exist in area would be destroyed.

 

Kevin Philips 375 Burns Bay Road, Lane Cove opposed a Sydney University Boatshed at Cunninghams Reach.

 

Mira Renko 16 The Avenue Linley Point opposed a Sydney University Boatshed at Cunninghams Reach.

 

Lindal Ford 14 Richardson Street Lane Cove urging preservation of the surrounding bushland at the 17th Green of the golf course.

 

Frances Teirney 302 Burns Bay Road Lane Cove regarding issues at Burns Bay Reserve:-

a safety issue regarding a Sydney Water enclosure which has been constructed near the aquaduct, lack of fuel for BBQ’s and the need for attention to the Flying Fox which she claims is rarely useable.    She requested that an Access Map for Lane Cove indicate where drinking water is available.   She also restated that signage for 300 & 302 Burns Bay Road is inadequate for some essential services.

 

Frances Vissel Fraser Street Lane Cove opposed a Sydney University Boatshed at Cunninghams Reach.    On behalf of Stringy Bark Creek Residents Association she opposed high rise/ high density zoning by the Department of Planning for Gordon Crescent, Mowbray Road, Kullah Pde, Johnson Crescent, Tantallon and Fraser Streets.

 

Deborah Hill 89 Johnston Crescent Lane Cove opposed to high rise/ high density zoning by the Department of Planning for Stringy Bark Creek area.

 

Duncan Reed 19 Mindarie Street, Lane Cove North opposed to high density zoning for Lane Cove North area requesting support from Council in the DCP.

 

Jack Winning 12 Willandra Street Lane Cove North opposed to high density zoning for Lane Cove North.

 

Shaun Bailey 7 Bonnefin Road Hunters Hill opposed to a Sydney University Boatshed at Cunninghams Reach and informed Council of various legal issues regarding the application.  

 

Kerry Nash Consultant Town Planner on behalf of the applicant /owner of 19 Glenview Street Greenwich in support of the Development Application.

 

Robyn Stutchbury 1 Carrisbrook Street, Linley Point regarding the use of Cunninghams Reach for recreation purposes and opposed a Sydney University Boatshed in that location.

 

Nina Ardill Lihon Street Lane Cove West opposed a Sydney University Boatshed at Cunninghams Reach.

 

Brian Palfrey 2 Bonnefin Road Hunters Hill opposed a Sydney University Boatshed at Cunninghams Reach.

 

Councillor Palmer vacated the chamber at 8:19pm and rejoined the meeting at 8:20pm.

 

Lancelot Hill 316 Burns Bay Road opposed a Sydney University Boatshed at Cunninghams Reach.

 

Matthew Fisher 2/4 Austin Crescent Lane Cove regarding public use of Crown Land with respect to the proposal for a Boatshed at Cunninghams Reach.

 

Dion Weston 34 Chisholm Street Greenwich in support of his Development Application.

 

Councillor Scott Bennison vacated the chamber at 8:27pm.

 

Graham Holland Lane Cove Bushland & Conservation Society opposed a Sydney University Boatshed at Cunninghams Reach.

 

Councillor David Brooks-Horn vacated the chamber at 8:28pm.

 

Resumption of Standing Orders

262

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

 

 

For the Motion were Councillors Smith, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent:  Councillor Bennison and Brooks-Horn.

 

ADJOURNMENT

 

The meeting was adjourned at 8:29pm.

 

The Mayor opened the Planning & Building and Policy & Resources Committees at 8:29pm and adjourned them.

 

RESUMPTION

 

The meeting was resumed at 8:30pm.

 

Suspension of Standing Orders

263

RESOLVED on the motion of Councillors Smith and Palmer that Standing Orders be suspended to allow members of the public who wish to address Council to do so for a maximum of 3 minutes.

 

 

For the Motion were Councillors Smith, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent: Councillors Bennison and Brooks-Horn.

 

Councillors David Brooks-Horn & Scott Bennison rejoined the meeting at 8:31pm.

 

The following persons addressed Council:-

 

Chris Noel, Sydney University Rowing Club requested Council defer consideration of the Sydney University Boatshed Application to allow the Application to be reviewed by Sydney University.

 

Susan O’Neil Lane Cove opposed a Sydney University Boatshed at Cunninghams Reach.

 

David Page 299 Burns Bay Road opposed a Sydney University Boatshed at Cunninghams Reach.

 

Rod Gutierrez, Linley Point  opposed a Sydney University Boatshed at Cunninghams Reach.

 

Brian Zulaikha architect for 34 Chisholm St reet Greenwich supported approval for a roof terrace on the building.

 

Turi Condon 34 Chisholm Street urging Council approval for a roof terrace at 34 Chisholm Street Greenwich.

 

Resumption of Standing Orders

264

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).

 

ADJOURNMENT

 

The meeting was adjourned at 9:06pm.

 

RESUMPTION

 

The meeting resumed at 9:12pm.

 

Referred Reports FROM Inspection Committee 05 September 2009

 

Environmental Services Division Report No. 60

SUBJECT: 19 Glenview Street, Greenwich

 

MOTION

 

A motion was moved by Councillors Palmer and Tudge that pursuant to the Environmental Planning & Assessment Act (1987) that development approval for alterations and additions to an existing residential flat building to convert 3 flats into 2 and the construction of a detached third dwelling house over a basement carpark and alterations to the existing pool [DA 278/2008] be refused on the following grounds:

 

1.         The Existing Use Rights do not apply because:-

 

(a)     Lane Cove’s LEP defines a residential flat building as a building containing 3 dwellings and the proposal involves the conversion of the existing residential flat building to a building containing 2 dwellings.  This is therefore not a residential flat building.  Therefore existing use rights would be extinguished; and

 

(b)     the proposal involves the construction of a second building containing one dwelling.  The resulting development is a prohibited development in the residential zone according to Lane Cove’s LEP and therefore Council cannot lawfully give consent to the development.

 

2.         If Existing Use Rights do apply:-

 

(a)     the development is not a suitable one for the locality because is not in harmony with the surrounding single dwelling houses;

 

(b)     the development is not a suitable one for the site because the site is listed as a heritage item in Lane Cove’s LEP because of the age and grandeur of the building, its setback and streetscape and the proposal has a negative impact on that heritage status;

 

(c)     there were numerous submissions received which noted the unsuitability of the development in terms of its impacts; and

 

(d)     that the site is significantly smaller than would otherwise be approved under Lane Cove’s LEP and the resulting setback does not meet a merit assessment under SEPP 65 and therefore the development does not meet the requirements of a merit assessment under s79(c) of the EPA Act and should not be approved.

 

 

FORESHADOWED MOTION

 

A Foreshadowed Motion was moved by Councillors Longbottom and Smith that pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D278/08 for alterations and additions to an existing residential flat building to convert 3 flats into 2 and construction of a detached third unit over a basement car park and alterations to the existing pool on 19 Glenview Street, Greenwich at 19 Glenview Street, Greenwich subject to the following conditions.

 

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

            0747/DA01 to DA05 issue K dated 12/5/09 by Cant Dibden Pty Ltd.

            2008-007 SW1 dated Aug 08 by Water Design Civil Engineers.

            except as amended by the following conditions.

 

2.         The masonry enclosure for the bins be reduced in height and the overhead pedestrian gate structure be deleted. Amended plans be submitted prior to the issue of construction certificate.

 

3.         The earthwork be moulded to the existing ground line along the south western boundary and an alternative be considered to the rigid high fence, a more transparent fence at a reduced height similar to that proposed for the vehicle gates and pedestrian gate. Amended plans be submitted prior to the issue of construction certificate.

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

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

 

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926.1 – 1993, “Swimming Pool Safety – Part 1: Fencing for Swimming Pools”.

 

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

 

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

 

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

 

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

 

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

 

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

 

20.       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)         new pool walls reinforcement prior to placement of concrete

h)         The pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water

i)          Stormwater drainage lines prior to backfilling

j)          Completion.

 

21.       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;

g)         shoring details;

h)         pool structure.

 

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

 

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

 

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

 

a          Dampcourse level;

b          The establishment of the basement roof 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.

 

25.       (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 

 

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

26.       (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.

 

27.       (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.

 

28.       (70) Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

 

 

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

 

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

 

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

 

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

 

Building Conditions

33.       Disabled access is to be provided in accordance with Clause D3.2 of the Building Code of Australia.

 

34.       Submit BCA fire safety report from a suitably qualified fire safety engineer (or other person with appropriate qualifications and experience) detailing all non-compliances with the current requirements of Section C, D, E, G and I of the Building Code of Australia. The report will need to rationalise the non-compliance and clearly recommend in the conclusion all works required to be completed. The report will also need to provide a schedule of existing and proposed essential fire safety measures PRIOR TO THE ISSUE OF CONSTRUCTION CERTIFICATE.

 

Traffic Conditions

35.       The parking spaces shall be linemarked.

 

36.       The parking spaces shall be 2.5m wide with the end spaces to be 3.1m wide where it is adjacent to a solid end wall.

 

Rural Fire Service Conditions

37.       Asset Protection Zone

 

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

           

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

 

38.       Design and Construction

 

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

 

a)   New construction for the third flat shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire prone areas’ Level 2.

 

b)   Roofing of the proposed third flat shall be gutter less or have leafless guttering and valleys to prevent the build up of flammable material. Any materials used shall have a Flammability Index no greater than 5.

 

 

c)   New construction for the proposed new decking shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in Bushfire prone area’ Level 1.

 

Tree Preservation Conditions

39.       (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.

 

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

 

41.       (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.

 

42.       (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.

 

43.       (344)  All tree protection measures as specified in the Predevelopment Tree Assessment Report prepared by Ian English on 6th September 2008 must be in place and approved by Council’s Tree Assessment Officer PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE, and must be maintained for the duration of works on the site.

 

44.       (366)  There must be no soil disturbance within the tree protection area, including any activities associated with the construction other than topdressing on completion of the landscaping works to a maximum of 50mm, within the approved tree protection zones of the trees shown on the approved plan to be retained.  All activity within the Tree Protection Area must be undertaken with hand tools.

 

45.       (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

46.       (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.

 

47.       (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. 

 

48.       (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.

 

49.       (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.

 

50.       (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.

 

51.       (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.

 

52.       (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’.

 

53.       (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

 

54.       (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.

 

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

 

56.       (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.

 

57.       (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 system.  

·     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

                         

58.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 2008-007 SW1 prepared by Water design civil engineers 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 Principal 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.

 

59.       (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.

 

60.       (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.

 

61.       (V1) Proposed Vehicular Crossing: The proposed Vehicular crossing shall be constructed to the specifications and levels issued by Council. An INSERT CROSSING APPLICATION TYPE ‘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. 

 

62.       (K4) Council inspection requirements: The following items are to be inspected 

 

·     Connection to council pit  

 

This item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An Inspection fee of $165 is to be paid prior to the issue of the construction certificate.        

 

Engineering Condition to Be Complied With Prior to Commencement of Construction

63.       (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

64.       (V3) Redundant Gutter Crossing:  All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the occupation certificate.

 

65.       (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 General Manager read a letter from Susan Hill and Associates (Solicitor for Greg Dwyer and Gail Robertson owners of 17 Glenview Street Greenwich) which had been handed to him, advising that if the Mayor had a Conflict of Interest in this matter it should be declared.

 

The Mayor responded that he had no Pecuniary or Non-Pecuniary Interest in this matter.

 

265

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).

 

 

The Foreshadowed Motion lapsed.

 

 

Environmental Services Division Report No. 86

SUBJECT: 34 Chisholm Street, Greenwich

 

MOTION

 

A motion was moved by Councillors Longbottom and Smith that notwithstanding the recommendation, Council is of the view that having regard to the site constraints and the ameliorating measures proposed by the applicant to reduce the impacts of privacy and overshadowing, the development as proposed is reasonable, accordingly the General Manager,  prepare relevant draft conditions for consideration at the Council meeting of 21 September 2009.

 

FORESHADOWED MOTION

 

A Foreshadowed Motion was moved by Councillors Palmer and Tudge that pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent D264/08 granted on 8 April 2009 for alterations and additions including the partial demolition of the dwelling house; additions on three levels; a swimming pool and a front fence on Lot 13 DP 3907 and known as 34 Chisholm Street, Greenwich not be amended for the following reasons:-

 

1.         The proposal would be contrary to an objective of the Residential 2(a2) Zone under the Lane Cove LEP 1987 because it would not retain the existing residential amenity of the detached single family dwelling area.

 

2.         The proposal would not comply with the objective of cl. 3.6 of Council’s Code for Dwelling Houses, August 2002 in relation to Privacy And Overlooking because it would have the potential to significantly affect the privacy of the occupants of each adjoining site.

 

3.         The proposal would not comply with the intent of the numerical standard under point 3 of cl.3.6 of Council’s Code for Dwelling Houses, August 2002 because the proposed roof terrace would have a maximum dimension of 10.8m.

 

4.         The proposal would be contrary to the public interest because it would be prohibited under Council’s Draft Comprehensive Development Control Plan.

              

266

The Motion was put to the Meeting and declared carried.

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Gaffney and Longbottom (Total 5).

Against the Motion were Councillors Forrest, Mcilroy, Palmer and Tudge (Total 4).

 

 

The Foreshadowed Motion lapsed.

 

Environmental Services Division Report No. 219

SUBJECT: 330 Pacific Highway Lane Cove

267

RESOLVED on the motion of Councillors Longbottom and Mcilroy that consideration of this with the Grevillia being maintained, be deferred and that a report be prepared for Council setting out appropriate conditions for approval of the application with the option of:-

(a)               a one car garage; and

(b)               a two car garage.

 

 

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

268

RESOLVED on the motion of Councillors Longbottom and Smith that the following reports be brought forward and dealt with at this time:-

 

Environmental Services Division Report No. 36 – Cunninghams Reach Boatshed – Linley Point.

Open Space & Urban Services Division Report No. 49 – Reconstruction of 17th Green.

Environmental Services Division Report No. 38 – Request for Boundary Adjustment – 32 Vista Street.

 

 

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. 36

SUBJECT: Cunninghams Reach Boatshed - Linley Point

269

RESOLVED on the motion of Councillors Longbottom and Mcilroy that consideration of this item be deferred.

 

 

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. 49

SUBJECT: Reconstruction of 17th Green

270

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

 

1.   Council receives and notes the Design and Recommendations for the 17th green prepared by Mark Parker Golf Pty Ltd for the purposes of public exhibition.

 

2.   The proposed plans from Mark Parker Golf and the Staff Proposed Work Plan be placed on public exhibition for 6 weeks and that community consultation takes place in accordance with the Consultation Strategy outlined in the report.

 

  1. A further report be submitted to Council following the exhibition period to consider the final plans for the 17th green.

 

  1. The estimated cost of this work, including staff time at full overhead recovery rate, be included in the report.

 

 

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. 38

SUBJECT: Request for Boundary Adjustment - 32 Vista Street

 

MOTION

 

A motion was moved by Councillors Forrest and Tudge that Council decline the proposal and advise the owners accordingly.

 

 

 

FORESHADOWED MOTION

 

A Foreshadowed Motion was moved by Councillors Longbottom and Brooks-Horn that Council seek to further investigate (obtain a survey and other information) and discuss the matter on a without prejudice basis and report back to Council.

 

271

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).

 

 

Foreshadowed Motion lapsed.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 17 AUGUST 2009

272

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 17 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).

 

273

RESOLVED on the motion of Councillors Smith and Tudge  that the minutes of the Ordinary Council meeting held on the 17 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).

 

NOTE:   A Letter from the Stringybark Creek Residents Association was tabled regarding the Council Minutes of 4th August requesting Council note that in an address to Council regarding the DLEP Frances Vissel had stated she was opposed to rezoning of Gordon Crescent, Mowbray Road, Kullah Parade, Pinaroo, Willandra and Hatfield Streets.

 

Notices of Motion

 

Notice of Motion No. 8

SUBJECT: Access Map for Lane Cove Town Centre

274

RESOLVED on the motion of Councillors Palmer and Smith that the matter be deferred and that the General Manager liaise with the Lane Cove Chamber of Commerce in relation to a Village Map incorporating the Access Map and Retail Directory  and a report be submitted to 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).

 

Reports Of Committees

 

Report Of Committees No. 6

SUBJECT: Report on Inspection Committee for 19 Glenview Street, Greenwich, 34 ChISHOM Street, Greenwich and 330 Pacific Highway, Lane Cove

275

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the information be received and noted.

 

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).

 

General Managers Reports

 

General Managers Report No. 21

SUBJECT: Lane Cove Market Square Status Report

276

RESOLVED on the motion of Councillors Smith and Mcilroy that Council receive and note the Lane Cove Market Square Status Report.

 

 

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. 46

SUBJECT: Annual Financial Reports for 2008/2009 - Referral for Audit

277

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

1.   In respect to Council's General Purpose Financial Reports the following statement be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

GENERAL PURPOSE FINANCIAL REPORTS FOR THE YEAR ENDED 30 JUNE 2009

Statement by Councillors and Management made pursuant to section 413 (2)(C) of the Local Government Act 1993 (as amended).

 

The attached General Purpose Financial Reports for the year ended 30 June 2009, have been drawn up in accordance with:-

 

·     the Local Government Act 1993 (as amended) and the Regulations made there under;

·     the Australian Accounting Standards and professional pronouncements;

·     the Local Government Code of Accounting Practice and Financial Reporting;       

 

To the best of our knowledge and belief, this Report:-

 

·     presents fairly the Council's operating result and financial position for the year; and

·     accords with Council’s accounting and other records.

 

We are not aware of matter that would render this Report false or misleading in any way.

 

2.         In respect to Council's Special Purpose Financial Reports, the following statement be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

 

SPECIAL PURPOSE FINANCIAL REPORTS  FOR THE YEAR ENDED 30 JUNE 2009

 

Statement by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

The attached Special Purpose Annual Financial Reports for the year ended 30 June 2009, have been drawn up in accordance with:-

 

·     NSW Government Policy Statement "Application of National Competition Policy to

      Local Government"; and

·     Department of Local Government guidelines "Pricing & Costing for Council Businesses:

           Guide to Competitive Neutrality".

·     The Local Government Code of Accounting Practice and Financial Reporting

 

To the best of our knowledge and belief, this report:-

 

·     Presents fairly the Council's operating result and financial position for each of Council’s

declared Business Activities for the year; and

·     accord with Council’s Accounting and other records.

 

We are not aware of any matter that is false or misleading in any way.

 

3.         Council's Annual Financial Reports for the year ended 30 June 2009 be referred for audit by Council’s Auditors.

 

 

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 Report No. 47

SUBJECT: Code of Conduct and Policy on Payment of Expenses and Provision of Facilities to Councillors

278

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

 

1.   The amended Code of Conduct and the Policy on Payment of Expenses and Provision of Facilities to Councillors both dated 7 September 2009 be endorsed; subject to “and dealing only with present and future issues” be deleted from part 6 – Key Principles - General Conduct Obligations of the Code of Conduct.

 

2.   A copy of the Policy on Payment of Expenses and Provision of Facilities to Councillors be sent to the Department of Local Government in accordance with legislative requirements; and

 

 

 

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 Report No. 48

SUBJECT: Meeting Practice Note

279

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

 

1.   Receive and note the report on Meetings Practice Note.

 

2.   Modify its order of business for Council Meetings to replace Questions Without Notice” with “Questions With Notice”.

 

3.   At the September election of committees appoint a new Awards Nomination Committee, and a suitable Charter be prepared.

 

4.   Receive future reports in relation to contractual conditions of senior staff in Open Council.

 

5.   Ensure future resolutions arising from closed committee include appropriate information to allow the community to understand the decision of council without revealing and confidential details.

 

6.   In relation to implementing resolutions where a rescission motion is lodged after a meeting include in its Code of Meeting Practice the General Manager shall have the discretion whether or not to implement the recommendation having regard to the circumstances of the matter.

 

7.   When departing from the officers recommendation, include in its Minutes the reasons for the change, such to be recorded in the form of a preamble to the substantive resolution.

 

8.   Include as a notation within the Code of Meeting Practice the following:-

 

“Council from time to time conducts workshops with Councillors on issues relevant to Council business.  The sessions provide an informal environment to allow Councillors to receive information and ask questions about issues outside of the formal Council meeting process.  At these workshops Council will not:

                        i.          give consideration to specific reports containing recommendations;                                     or

ii.          reach an agreement or decision in relation to any matters discussed during the workshop.”

 

 

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 Report No. 49

SUBJECT: Survey from the Local Government Association Concerning One Association to Represent Local Government in NSW

280

RESOLVED on the motion of Councillors Longbottom and Smith that Council respond in the following terms.   

 

  1. Council is in support of One Association.

.

  1. The Shires Association join the Local Government Association as one structure.

 

  1. A Divisional Structure be maintained.

 

  1. A formula be devolved by the Local Government and Shires Association to ensure that Rural Councils have adequate representation and that fees not be overbearing.

 

 

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. 40

SUBJECT: Street Environmental Capacity Study for Lane Cove Council

281

RESOLVED on the motion of Councillors Smith and Brooks-Horn that:-

 

1.     Council’s Street Environmental Capacity Study be communicated to various stakeholders, including, the RTA, Council’s Planning Department, Council’s Traffic Consultative Forums, Bicycle Advisory Committee and other stakeholders for the purpose of creating a guide for Council and the other stakeholders of what should be acceptable maximum traffic volumes and vehicle speeds for specific local streets in Lane Cove Area.

 

2.    Councils Street Environmental Capacity Study be placed on public exhibition for 6 weeks and community consultation take place in accordance with the consultation strategy outlined in the report.

 

3.      Following discussions with stakeholders, the completion of all Street Environmental Capacity indicators for all streets under Council’s jurisdiction, and the exhibition period, a report be referred back to Council that considers the results of the community consultation and priorities for treatments in specific streets.

 

4.      The estimated cost of this study, including staff time at full overhead recovery rate, be included.

 

 

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. 48

SUBJECT: NSROC Tender for Supply; Supply & Delivery and Supply, Delivery & Laying of Asphaltic Concrete

282

RESOLVED on the motion of Councillors Smith and Tudge that the report be received and noted.

 

 

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. 32

SUBJECT: Austin Street - Request for a Retail Directory

 

MOTION

 

A motion was moved by Councillors Forrest and Palmer that Council:-

 

1.         Reject Mr Rouse’s appeal for Council to fund the full costs of the proposed sign.

 

2.         Reaffirms its generous offer of 4 July to share payment of the costs with Mr Rouse equally.

 

3.         Inform Mr Rouse that this offer lapses on 4 October, 2009

 

 

FORESHADOWED MOTION

 

A Foreshadowed Motion was moved by Councillors Longbottom and Smith that Council pay the full cost having regard to the fact that it has previously paid the full cost of signs in Longueville Road pointing to private businesses in arcades.

 

283

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).

 

 

The Foreshadowed Motion lapsed.

 

Environmental Services Division Report No. 5

SUBJECT: State Environmental Planning Policy (Affordable Rental Housing) 2009

284

RESOLVED on the motion of Councillors Smith and Mcilroy that the report be received and noted.

 

 

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. 33

SUBJECT: State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial) 2009

285

RESOLVED on the motion of Councillors Smith and Mcilroy that the report be received and noted.

 

 

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. 34

SUBJECT: Amendments to State Environmental Planning Policy (Exempt and Complying) 2008 - The Housing Code

286

RESOLVED on the motion of Councillors Smith and Mcilroy that the report be received and noted.

 

 

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. 35

SUBJECT: Renaming of Howell Place

287

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

 

1.         Not proceed with the renaming of Howell Place.

 

2.         Install two sets of two-directional street signs at the boundary of Howell Avenue and Howell Place, including house numbers below the place names;

 

3.         Install an advisory sign (yellow background with black writing) on the eastern side of Ross Smith Parade, at the intersection with Howell Avenue, informing visitors that Howell Avenue becomes Howell Place at the cul-de-sac; and

 

3.         Notify relevant residents.

 

 

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).

 

ADJOURNMENT

 

The meeting was adjourned at 10:49 pm.

 

RESUMPTION

 

The meeting resumed at 11:15 pm.

 

CONFIDENTIAL ITEMS

 

Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed to consider:

 

Open Space and Urban Services Division Report No. 47

SUBJECT: NSROC Tender for Supply; Supply & Delivery and Supply, Delivery & Laying of Asphaltic Concrete

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.

 

 

General Managers Report No. 20

SUBJECT: Organisational Structure

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and  specifically the report contains details about the staffing of Council.

 

 

 

No members of the public made representations.

 

PROCEDURAL MOTION

288

RESOLVED on the motion of Councillors Smith and Brooks-Horn 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. The public and media left the chamber.

 

Closed Committee commenced.

 

CONFIDENTIAL ITEMS

Open Space and Urban Services Division Report No. 47

SUBJECT: NSROC Tender for Supply; Supply & Delivery and Supply, Delivery & Laying of Asphaltic Concrete

 

RECOMMENDATION  OF COUNCIL IN CLOSED COMMITTEE

 

1.                  The report be received and noted.

 

2.                  The tenders from AJ Paving, D&M Excavations & Asphalt Pty Ltd, Downer EDI Works Pty Ltd and J & M Schembri Pty Ltd for Supply; Supply & Delivery and Supply, Delivery & Laying of Asphaltic Concrete for 12 months be accepted.

 

 

General Managers Report No. 20

SUBJECT: Organisational Structure

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council:-

1.                  Determine the organisation structure remain uchanged as detailed in AT-1; and

 

2.                  Determine the positions of Executive Manager, Open Space & Urban Services, Human Services, Environmental Services and Corporate Services as Senior Staff positions within the organisation structure.

 

Procedural Motion

289

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).

 

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

 

Open Space and Urban Services Division Report No. 47

SUBJECT: NSROC Tender for Supply; Supply & Delivery and Supply, Delivery & Laying of Asphaltic Concrete

290

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

 

  1. The report be received and noted.

 

  1. The tenders from AJ Paving, D&M Excavations & Asphalt Pty Ltd, Downer EDI Works Pty Ltd and J & M Schembri Pty Ltd for Supply; Supply & Delivery and Supply, Delivery & Laying of Asphaltic Concrete for 12 months be accepted.

 

 

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).

 

General Managers Report No. 20

SUBJECT: Organisational Structure

291

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

 

  1. Determine the organisation structure remain uchanged as detailed in AT-1; and

 

2.   Determine the positions of Executive Manager, Open Space & Urban Services, Human Services, Environmental Services and Corporate Services as Senior Staff positions within the organisation structure.

 

 

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).

 

CLOSE

 

The meeting closed at 11:21pm.

 

Confirmed at the Ordinary Council Meeting of 21 September 2009, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document2