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Minutes

Ordinary Council Meeting

21 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 21 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,  Executive Manager – Open Space & Urban Services, Acting Executive Manager - Human Services, Acting Manager – Development Assessment, Director Major Projects and Chief Executive Secretary.

 

DECLARATIONS OF INTEREST:

 

Councillor Tudge declared a pecuniary interest in Open Space & Urban Services Report No. 51 – Draft Changes to Green Fees at Lane Cove Golf Course as he is a member of the Golf Club.   He indicated he would take no part in discussion or voting.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev Eric Percival.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an Acknowledgement of Country.

 

SUSPENSION OF STANDING ORDERS

292

RESOLVED on the motion of Councillors Palmer 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:-

 

Audrey Horn Johnston Crescent Lane Cove regarding proposed rezoning to allow high rise north of Stringy Bark Creek.    She urged Council to lobby the NSW State Government to fund improvements in the Stringy Bark Creek area.

 

Rob Whitewood 330 Pacific Highway Lane Cove in support of a two car garage and removal of the Grevillia shrub at 330 Pacific Highway.

 

Shaun Bailey 7 Bonnefin Rd Hunters Hill informed Council of the questions he had asked Sydney University regarding their proposal for a boatshed at Cunninghams Reach.   He also asked the Mayor to respond to his questions regarding the proposal.

 

Greg Dwyer 17 Glenview Street Greenwich requested details regarding the legalities of receiving the Rescission Motion regarding 19 Glenview Street, Greenwich.

 

Rob West 19 Glenview Street Greenwich regarding Council’s decision to refuse consent for the Development Application.

 

Paul Gibbs 20 Lane Cove Plaza praising the Mayor for his commitment and service to the community as Mayor over the past 5 ½ years.    He also spoke in support of the proposal for a Piazza at the rear of his and adjoining properties.

 

Kay Freedman Arabella Street Longueville regarding issues in proposal for a Piazza in Lane Cove being the levels, cost justification and possible Conflict of Interest regarding a proponent’s membership of Lane Cove ALIVE.

 

Resumption of Standing Orders

293

RESOLVED on the motion of Councillors Smith and Bennison 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).

 

Procedural Motion

294

RESOLVED on the motion of Councillors Palmer and Tudge that Item 10 – Corporate Services Division Report No. 45 – Procedures for Election of Mayor and Deputy Mayor and Councillor Representation on Council’s Committees 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).

 

The Mayor, Councillor Longbottom, stated that he would not be seeking re-election as Mayor.   He thanked Council staff for their support during his terms as Mayor and cited some of the achievements of Council during that period.   He expressed his appreciation for the support he had received from some Councillors present and past, residents and business owners in the municipality.

 

The Deputy Mayor Councillor Ann Smith expressed her thanks to her family and Council staff for their support during the past year.

 

Corporate Services Division Report No. 45

SUBJECT: Procedures for Election of Mayor and Deputy Mayor and Councillor Representation on Council's Committees

295

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

 

1.         Council conduct the Election for Mayor and Deputy Mayor for the next 12 months.

 

2.         If more than two nominations are received for Mayor or Deputy Mayor, the election is to proceed by open voting.

 

3.         Consideration of Councillor Representation on Council Committees for the next 12 months be deferred until later in the meeting.

 

 

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).

 

 

ELECTION OF MAYOR FOR 2009/10

 

Council’s Executive Manager – Corporate Services advised that two nominations were received for the position of Mayor for the next twelve months being Councillors Gaffney and Smith.

 

Council’s Executive Manager – Corporate Services asked those in favour of Councillor Gaffney to raise their hand, those in favour were Councillors Gaffney, Forrest, Mcilroy, Palmer and Tudge.

 

Council’s Executive Manager – Corporate Services asked those in favour of Councillor Smith to raise their hand, those in favour were Councillors Bennison, Brooks-Horn Longbottom and Smith.

 

Council’s Executive Manager – Corporate Services declared Councillor Gaffney elected as Mayor for the next 12 months.

 

ELECTION OF DEPUTY MAYOR FOR 2009/10.

 

Council’s Executive Manager – Corporate Services advised that two nominations were received for the position of Deputy Mayor for the next twelve months being Councillors Palmer and Smith.

 

Council’s Executive Manager – Corporate Services asked those in favour of Councillor Palmer to raise their hand, those in favour were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge.

 

Council’s Executive Manager – Corporate Services asked those in favour of Councillor Smith to raise their hand, those in favour were Councillors Bennison, Brooks-Horn Longbottom and Smith.

 

Council’s Executive Manager – Corporate Services declared Councillor Palmer elected as Deputy Mayor for the next 12 months.

 

Councillor Representation on Council Committees was considered later in the meeting.

 

 

ADJOURNMENT:

 

The meeting was adjourned at 7:50pm.

 

RESUMPTION:

 

The meeting resumed at 7:56pm.

 

The General Manager welcomed Councillor Gaffney as Mayor and thanked the outgoing Mayor Councillor Longbottom for his support, drive and energy during his terms as Mayor.

 

Councillor Gaffney took the chair.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 7 SEPTEMBER 2009

296

RESOLVED on the motion of Councillors Tudge and Smith that the minutes of the Ordinary Council meeting held on the 7 September 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).

 

297

RESOLVED on the motion of Councillors Tudge and Smith that the minutes of the Ordinary Council meeting held on the 7 September 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. 4

SUBJECT: 19 Glenview St, Greenwich

 

MOTION

 

A motion was moved by Councillors Bennison and Smith that the resolution of 7 September 2009 in relation to Environmental Services Report No. 60 - 19 Glenview Street, Greenwich be rescinded.

 

 

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).

 

Deferred Reports

 

General Managers Report No. 14

SUBJECT: Piazza Proposal adjacent to Library Walk, Lane Cove Market square

298

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

 

1.   Request the Proponents to:-

 

a.   demonstrate how all affected properties are likely to access the proposed piazza;

b.   demonstrate how on site carparking would be achieved for any additional floor space or outdoor seating;

c.   modify the design to minimise spatial disruption to levels 2 and 3 and to address other design related matters referred to in the report;

d.   prepare a business case for any contribution being sought from Council; and

e.   examine possible staging of the piazza as outlined in the report.

 

2.   Request the General Manager to:-

a.   consult with all property owners affected by the proposal outlined in this report;

b.   examine options for the partial closure of Library Place; and

c.   report back to Council at an appropriate time following receipt of information requested of the Proponents.

d.   review access with Lane Cove Access Committee

 

 

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. 35

SUBJECT: Operational Review of Village Express Shuttle Service

 

MOTION

 

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

 

1.      Council promote existing community transport services through extensive advertising, such as brochures (to be provided with Rates notices), Council’s web page and local/regional media advertisements.

 

2.      The existing operator and users of the Village Express be notified about the termination of the Village Express bus service.

 

3.      Council thank the North Sydney Bus Charters (Village Express) Operator for the service provided to the community.

 

4.   Council continue the preliminary discussions that have been held between Council Officers and Sydney Buses to explore the proposed new Metro Bus Service to operate through to the Lane Cove West Business Area. Future discussions to also involve representatives from the Lane Cove West Business Park, Lane Cove Chamber of Commerce and North Sydney Bus Charters.

 

 

FORESHADOWED MOTION

 

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

 

1.     The existing Village Express bus service be replaced with a Lane Cove Community Aid operated scheme to specifically cater for the transport needs of the elderly, seniors, disabled and other vulnerable users in Lane Cove.

 

2.     Council provide a vehicle for use by Lane Cove Community Aid. The vehicle will be transferred to Community Aid’s ownership and parked at the Community Aid premises. The insurance will be under Community Aid with Council contributing towards the Insurance premium.

 

3.     Council promote this additional community transport service through extensive advertising, such as brochures (to be provided with Rates notices), Council’s web page and local/regional media advertisements.

 

4.      The existing operator and users of the Village Express be notified about the termination of the Village Express bus service.

 

5.      Council thank the North Sydney Bus Charters (Village Express) Operator for the service provided to the community.

 

6.     Council continue the preliminary discussions that have been held between Council Officers and Sydney Buses to explore the proposed new Metro Bus Service to operate through to the Lane Cove West Business Area. Future discussions to also involve representatives from the Lane Cove West Business Park, Lane Cove Chamber of Commerce and North Sydney Bus Charters

 

299

The Motion was put to the Meeting and 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.

 

ADJOURNMENT:

 

The meeting was adjourned at 8:26pm.

 

The Mayor opened the Services and Resources Committee at 8:26pm and adjourned it.

 

RESUMPTION:

 

The Council meeting resumed at 8:27pm.

 

Orders Of The Day

 

Order Of The Day No. 14

SUBJECT: Council and Committee Meeting Schedule - October 2009

300

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

 

1.                  The Council and Committee Meeting Schedule for October 2009 be adopted.

 

2.                   It be noted that an addition of Inspection Committee Meeting will be held on 26 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).

 

Order Of The Day No. 15

SUBJECT: Citizenship Ceremony - 14 October 2009

301

RESOLVED on the motion of Councillors Longbottom and Smith that Councillor Longbottom attend the Citizenship Ceremony of 14 October 2009 and speak to the new citizens about local government.

 

 

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 Motion

 

 Notice of Motion No. 9 lapsed.

 

General Managers Reports

 

General Managers Report No. 22

SUBJECT: Aboriginal Heritage Program

302

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

 

1.         Council confirm that the Aboriginal Heritage Program be again renewed for a further 5 years from March 2010.

 

2.         The General Manager be delegated authority to finalise the Memorandum of Understanding to ensure same.

 

 

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. 42

SUBJECT: Legislative Changes to Freedom of Information Act 1987

303

RESOLVED on the motion of Councillors Smith and Brooks-Horn 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).

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 50

SUBJECT: Draft Bush Fire Risk Management Plan

304

RESOLVED on the motion of Councillors Smith and Tudge 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).

 

Open Space and Urban Services Division Report No. 51

SUBJECT: Draft changes to Green Fees at Lane Cove Golf Course

Councillor Tudge vacated the chamber and took no part in discussion or voting.

 

305

RESOLVED on the motion of Councillors Longbottom and Smith that the 2009/10 Fees and Charges be amended to include new categories of Green Fees for guests of Lane Cove Country Club. The new fees are as:-

 

·  Members Guests/ Visiting Pennant Players playing in Block Booking times at $15.00 (inc. GST);

·  Visiting Pennant Players playing in Friday’s Lady’s Pennant golf matches at $13  (inc. GST);

·   Members Guests playing in Country Club Invitation Days (max of 3 per calendar year) at $13 (inc. GST).

 

 

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

Against the Motion was Nil (Total 0).

Absent: Councillor Tudge.

 

 

Councillor Tudge rejoined the meeting.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 278

SUBJECT: 34 Chisholm Street, Greenwich

306

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn 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 front fence on 34 Chisholm Street Greenwich be amended in the following manner:-

 

A.         By amending condition 1 to read:

 

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

 

·     DA 04, Revision A dated 18.3.09

·     DA 05, 06 and 08, Revision B dated 30.4.09

·     DA 07, Revision C dated 11.6.09

·     DA 09 and 10, Revision C dated 17.6.09

·     DA 11, Revision D dated 30.4.09

·     DA 12 and 13, Revision E dated 17.6.09

 

by Tonkin Zulaikha Greer Architects, and

 

·     LP-DA-01, dated November 2008 and as amended up to 5.12.08 prepared by 360º except as amended by the following conditions:

 

B.         By amending condition 6 to read:

 

6.   The maximum ridge and balustrade height is not to exceed RL49.60.  All relevant plans submitted with the Construction Certificate are to confirm the maximum RL as 49.60.

 

C.        By imposing additional conditions:

 

6a.       No shade or other structures are to be built or located on the roof terrace.

 

 

6b.       No amplified music or similar entertainment is permitted on the roof terrace at any time.

 

 

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).

 

Environmental Services Division Report No. 281

SUBJECT: 330 Pacific Highway, Lane Cove

 

MOTION

 

A motion was moved by Councillors Longbottom and Brooks-Horn that pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, 1979, as amended the determination of development consent D12/2009 granted on 5 May 2009 for the additions to the existing semi-detached dwelling and associated double vehicle garage on lot 70 in Deposited Plan 11416 and known as 330 Pacific Highway Lane Cove is submitted to Council for review and determination, subject to the following conditions:

 

1.         (20) That the development be carried out strictly in accordance with the following drawings and supporting information, except as amended by the conditions hereunder.

 

Document

Prepared by

Number

Issue

Dated

Site plan

The Site Foreman

2048 DA02

A

15.12.2008

Lower ground floor and carpark plan

The Site Foreman

2048 DA04

A

27.11.2008

Ground floor plan

The Site Foreman

2048 DA05

A

27.11.2008

Roof plan

The Site Foreman

2048 DA06

A

27.11.2008

Building elevation

The Site Foreman

2048 DA07

A

27.11.2008

Building elevations

The Site Foreman

2048 DA08

A

27.11.2008

Building section

The Site Foreman

2048 DA09

A

27.11.2008

 

2.         Amended Plans are to be submitted incorporating the following amendments:

 

a)    (Deleted)

b)    (Deleted).

c)    (Deleted) 

d)    The lower ground floor level planter box above the garage structure shall have minimum internal soil area dimensions of 600mm depth x 800mm width extending across the entire structure.

e)    The screen planting within the planter box shall be maintained at a minimum height of 1.5m

f)     Privacy screening to a height of 1.7m shall be provided to the north-western side of the lower ground floor deck

g)    A double garage shall be provided to the rear of the site

 

The amendments are to be provided to the Certifier and endorsed as correct prior to the issue of a Construction Certificate.

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

8.         (deleted)

 

9.         All works are shall be located wholly within the site, with all footings located within 900mm of the northwestern property boundary to be set out by a Registered Surveyor.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a minimum height of 1 metre.  Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

 

14.       (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

 

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

 

15.       (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.

 

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

 

17.       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.

 

18.       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;

 

19.       (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.

 

20.       (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.

 

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

 

22.       (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.

 

23.       (66) 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.

 

24.       (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:-

 

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

 

(6)        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.

 

(7)        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.

 

(8)        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.

 

25.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a Buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

 

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

 

27.       (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.

 

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

 

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

 

32.       (122) All rooms being provided with light and ventilation in accordance with the requirements of the Building Code of Australia.

 

33.       (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

34.       (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.

 

35.       (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.

 

36.       (140) 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 lodgement of a new Development Application.

 

37.       (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.

 

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

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

 

39.       (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.

 

40.       (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. 

 

41.       (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.

 

42.       (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.

 

43.       (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.

 

44.       (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.

 

45.       (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’.

 

46.       (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

 

47.       Car parking. All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series. The plans shall contain the following details:

 

-     Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.1.

 

47A      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.

 

 

Engineering Conditions to be Complied With Prior to Construction Certificate

 

48.       (S2) Stormwater requirement The stormwater runoff from the new and or altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater management.

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP-Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

 

Where the existing system does not comply with Councils DCP-Stormwater management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principle Certifying Authority prior to the issue of the construction certificate. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management

 

48A      Drainage plans amendments: The stormwater drainage plan 2048DA12A prepared by The Site Foreman dated 27/11/08 is to be amended to show the following:

-    the proposed grated drain along the Haldane Lane boundary needs to match the full width of the proposed driveway opening

-    the proposed rainwater tank adjacent the Pacific Highway boundary needs to drain the overflow by gravity to the receiving system

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

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

The Principle Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate 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.

 

48B     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.

 

48C     Proposed Vehicular Crossing. The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The driveway needs to be off set a minimum 0.500mm clear from the existing power pole.

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 Occupation Certificate

 

48D     Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

§ seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

§ detail what measures are to be taken to protect those properties from undermining  during construction

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

The above matters are to be completed and documentation submitted to principle certifying authority prior to the issue of the Construction Certificate

Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

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

49.       (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.

 

50.       (V2) Construction of Vehicular  Crossing: The vehicular crossing servicing the property shall be constructed prior to the issue of the Occupation Certificate. The 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 Occupation Certificate. Note: Finished floor levels for garages and carports are to be determined by council.

 

51.       (C1) Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate 

 

Engineering Conditions to be Complied With Prior to Commencement of Construction

 

52.       (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

 

53.       (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. 

 

TREE PRESERVATION CONDITIONS

 

54.       (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.

 

55.       (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.

 

56.       (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.

 

57.       (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.

 

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

 

STREET TREES

 

59.       (316)  The applicant must obtain a Tree Preservation Order Work Authority before trimming any overhanging tree growing in the adjacent reserve/park/nature strip. The work must be done by a suitably qualified and experienced Arboriculturalist, and must be supervised by Councils Tree Assessment Officer, who is to be given at least 2 business days notice.

 

 

FORESHADOWED MOTION

 

A Foreshadowed motion was moved by Councillors Forrest and Palmer that pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, 1979, as amended the determination of development consent D12/2009 granted on 5 May 2009 for the additions to the existing semi-detached dwelling and associated single vehicle garage on lot 70 in Deposited Plan 11416 and known as 330 Pacific Highway Lane Cove is submitted to Council for review and determination, subject to the following conditions:

 

1.         (20) That the development be carried out strictly in accordance with the following drawings and supporting information, except as amended by the conditions hereunder.

 

Document

Prepared by

Number

Issue

Dated

Site plan

The Site Foreman

2048 DA02

A

15.12.2008

Lower ground floor and carpark plan

The Site Foreman

2048 DA04

A

27.11.2008

Ground floor plan

The Site Foreman

2048 DA05

A

27.11.2008

Roof plan

The Site Foreman

2048 DA06

A

27.11.2008

Building elevation

The Site Foreman

2048 DA07

A

27.11.2008

Building elevations

The Site Foreman

2048 DA08

A

27.11.2008

Building section

The Site Foreman

2048 DA09

A

27.11.2008

 

2.         Amended Plans are to be submitted incorporating the following amendments:

 

a)     The rear wall of the dwelling house shall be set back a minimum of 5m from the rear property boundary and as shown on the plans marked in red. This distance is measured perpendicularly to the property boundary.

b)      The width of the ground floor and lower ground floor southwestern (rear) elevation decks shall not exceed 1500mm

c)   Parking for one vehicle only shall be provided on the site with the remainder of the rear yard to be appropriately landscaped.

d)   The lower ground floor level planter box above the garage structure shall have minimum internal soil area dimensions of 600mm depth x 800mm width extending across the entire structure.

e)   The screen planting within the planter box shall be maintained at a minimum height of 1.5m

f)    Privacy screening to a height of 1.7m shall be provided to the north-western side of the lower ground floor deck

g)   A single garage shall be provided to the rear of the site

 

h)   Deep soil planting shall be provided within the rear setback, adjacent to the approved garage. This deep soil planting area shall have a minimum dimension of 2m x 2m.

i)    Deep soil planting adjacent to the garage shall be installed at a level of no higher than RL 93.43.

 

The amendments are to be provided to the Certifier and endorsed as correct prior to the issue of a Construction Certificate.

 

Certification from a Registered Surveyor must be submitted to the Certifier confirming compliance with the maximum level of deep soil planting required by Condition 2 i) prior to the issue of the Occupation Certificate.

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

8.         A suitable replacement plant shall be provided in the southwestern corner of the site following the removal of the Grevillea, with the 5000L rainwater tank to be relocated as required. Planting must be undertaken prior to the issue of the Occupation Certificate.

 

9.         All works are shall be located wholly within the site, with all footings located within 900mm of the northwestern property boundary to be set out by a Registered Surveyor.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a minimum height of 1 metre.  Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

 

14.       (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

 

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

 

15.       (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.

 

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

 

17.       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.

 

 

18.       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;

 

19.       (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.

 

20.       (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.

 

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

 

22.       (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.

 

23.       (66) 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.

 

24.       (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.

 

25.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a Buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

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

 

27.       (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.

 

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

 

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

 

32.       (122) All rooms being provided with light and ventilation in accordance with the requirements of the Building Code of Australia.

 

33.       (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

34.       (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.

 

35.       (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.

 

36.       (140) 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 lodgement of a new Development Application.

 

37.       (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.

 

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

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

 

39.       (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.

 

40.       (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. 

 

41.       (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.

 

42.       (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.

 

43.       (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.

 

44.       (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.

 

45.       (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’.

 

46.       (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.

 

47.       Car parking. All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series. The plans shall contain the following details:

 

-     Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.1.

 

47A      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.

 

Engineering Conditions to be Complied With Prior to Construction Certificate

 

48.       (S2) Stormwater requirement The stormwater runoff from the new and or altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater management.

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP-Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

 

Where the existing system does not comply with Councils DCP-Stormwater management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principle Certifying Authority prior to the issue of the construction certificate. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management

 

48A      Drainage plans amendments: The stormwater drainage plan 2048DA12A prepared by The Site Foreman dated 27/11/08 is to be amended to show the following:

-    the proposed grated drain along the Haldane Lane boundary needs to match the full width of the proposed driveway opening

-    the proposed rainwater tank adjacent the Pacific Highway boundary needs to drain the overflow by gravity to the receiving system

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

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

The Principle Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate 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.

 

48B     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.

 

48C     Proposed Vehicular Crossing. The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The driveway needs to be off set a minimum 0.500mm clear from the existing power pole.

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 Occupation Certificate

 

48D     Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

§ seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

§ detail what measures are to be taken to protect those properties from undermining  during construction

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

The above matters are to be completed and documentation submitted to principle certifying authority prior to the issue of the Construction Certificate

Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

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

49.       (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.

 

50.       (V2) Construction of Vehicular  Crossing: The vehicular crossing servicing the property shall be constructed prior to the issue of the Occupation Certificate. The 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 Occupation Certificate. Note: Finished floor levels for garages and carports are to be determined by council.

 

51.       (C1) Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate 

 

Engineering Conditions to be Complied With Prior to Commencement of Construction

 

52.       (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

 

53.       (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. 

 

 

 

TREE PRESERVATION CONDITIONS

 

54.       (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.

 

55.       (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.

 

56.       (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.

 

57.       (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.

 

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

 

STREET TREES

 

59.       (316)  The applicant must obtain a Tree Preservation Order Work Authority before trimming any overhanging tree growing in the adjacent reserve/park/nature strip. The work must be done by a suitably qualified and experienced Arboriculturalist, and must be supervised by Councils Tree Assessment Officer, who is to be given at least 2 business days notice.

 

 

SECOND FORESHADOWED MOTION

 

A Second Foreshadowed Motion was moved by Councillor Tudge that pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, 1979, as amended the determination of development consent D12/2009 granted on 5 May 2009 for the additions to the existing semi-detached dwelling and associated double vehicle garage on lot 70 in Deposited Plan 11416 and known as 330 Pacific Highway Lane Cove is submitted to Council for review and determination, subject to the following conditions:

 

1.         (20) That the development be carried out strictly in accordance with the following drawings and supporting information, except as amended by the conditions hereunder.

 

Document

Prepared by

Number

Issue

Dated

Site plan

The Site Foreman

2048 DA02

A

15.12.2008

Lower ground floor and carpark plan

The Site Foreman

2048 DA04

A

27.11.2008

Ground floor plan

The Site Foreman

2048 DA05

A

27.11.2008

Roof plan

The Site Foreman

2048 DA06

A

27.11.2008

Building elevation

The Site Foreman

2048 DA07

A

27.11.2008

Building elevations

The Site Foreman

2048 DA08

A

27.11.2008

Building section

The Site Foreman

2048 DA09

A

27.11.2008

 

2.         Amended Plans are to be submitted incorporating the following amendments:

 

a)   The rear wall of the dwelling house shall be set back a minimum of 5m from the rear property boundary and as shown on the plans marked in red. This distance is measured perpendicularly to the property boundary.

b)   The width of the ground floor and lower ground floor southwestern (rear) elevation decks shall not exceed 1500mm

c)   deleted

d)    The lower ground floor level planter box above the garage structure shall have minimum internal soil area dimensions of 600mm depth x 800mm width extending across the entire structure.

e)    The screen planting within the planter box shall be maintained at a minimum height of 1.5m

f)     Privacy screening to a height of 1.7m shall be provided to the north-western side of the lower ground floor deck

g)    A double garage shall be provided to the rear of the site

 

The amendments are to be provided to the Certifier and endorsed as correct prior to the issue of a Construction Certificate.

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

8.         (deleted)

 

9.         All works are shall be located wholly within the site, with all footings located within 900mm of the northwestern property boundary to be set out by a Registered Surveyor.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a minimum height of 1 metre.  Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

 

14.       (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

 

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

 

 

15.       (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.

 

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

 

17.       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.

 

18.       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;

 

19.       (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.

 

20.       (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.

 

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

 

22.       (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.

 

23.       (66) 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.

 

24.       (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:-

 

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

 

(6)        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.

 

(7)        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.

 

(8)        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.

 

25.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a Buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

 

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

 

27.       (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.

 

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

 

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

 

32.       (122) All rooms being provided with light and ventilation in accordance with the requirements of the Building Code of Australia.

 

33.       (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

34.       (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.

 

35.       (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.

 

36.       (140) 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 lodgement of a new Development Application.

 

37.       (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.

 

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

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

 

39.       (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.

 

40.       (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. 

 

41.       (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.

 

42.       (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.

 

43.       (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.

 

44.       (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.

 

45.       (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’.

 

46.       (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

 

47.       Car parking. All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series. The plans shall contain the following details:

 

-     Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.1.

 

47A      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.

 

 

Engineering Conditions to be Complied With Prior to Construction Certificate

 

48.       (S2) Stormwater requirement The stormwater runoff from the new and or altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater management.

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP-Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

 

Where the existing system does not comply with Councils DCP-Stormwater management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principle Certifying Authority prior to the issue of the construction certificate. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management

 

48A      Drainage plans amendments: The stormwater drainage plan 2048DA12A prepared by The Site Foreman dated 27/11/08 is to be amended to show the following:

-    the proposed grated drain along the Haldane Lane boundary needs to match the full width of the proposed driveway opening

-    the proposed rainwater tank adjacent the Pacific Highway boundary needs to drain the overflow by gravity to the receiving system

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

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

The Principle Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate 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.

 

48B     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.

 

48C     Proposed Vehicular Crossing. The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The driveway needs to be off set a minimum 0.500mm clear from the existing power pole.

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 Occupation Certificate

 

48D     Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

§ seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

§ detail what measures are to be taken to protect those properties from undermining  during construction

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

The above matters are to be completed and documentation submitted to principle certifying authority prior to the issue of the Construction Certificate

Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

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

49.       (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.

 

50.       (V2) Construction of Vehicular  Crossing: The vehicular crossing servicing the property shall be constructed prior to the issue of the Occupation Certificate. The 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 Occupation Certificate. Note: Finished floor levels for garages and carports are to be determined by council.

 

51.       (C1) Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate 

 

Engineering Conditions to be Complied With Prior to Commencement of Construction

 

52.       (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

 

53.       (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. 

 

TREE PRESERVATION CONDITIONS

 

54.       (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.

 

55.       (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.

 

56.       (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.

 

57.       (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.

 

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

 

STREET TREES

 

59.       (316)  The applicant must obtain a Tree Preservation Order Work Authority before trimming any overhanging tree growing in the adjacent reserve/park/nature strip. The work must be done by a suitably qualified and experienced Arboriculturalist, and must be supervised by Councils Tree Assessment Officer, who is to be given at least 2 business days notice.

 

307

The motion was put to the Meeting and 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.

 

The Second Foreshadowed Motion lapsed.

 

Environmental Services Division Report No. 38

SUBJECT: Delegated Authority Report - August 2009

308

RESOLVED on the motion of Councillors Smith and Longbottom 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).

 

Human Services Division Reports

 

Human Services Division Report No. 13

SUBJECT: SWITCH: Public Libraries in a Changing Environment Conference

309

RESOLVED on the motion of Councillors Smith and Tudge that Councillor Win Gaffney be endorsed to attend the Public Libraries NSW Conference, SWITCH: Public Libraries in a Changing Environment to be held at SMC, Sydney 22 November – 24 November 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).

 

Human Services Division Report No. 16

SUBJECT: Tender for Conversion of 47 Burns Bay Road, Lane Cove into Community Centre and Childcare Facility

310

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).

 

Corporate Services Division Report No. 45

SUBJECT: Procedures for Election of Mayor and Deputy Mayor and Councillor Representation on Council's Committees

 

 

 

311

PLEASE NOTE THAT THIS RESOLUTION WAS RESCINDED AT THE MEETING ON 19 OCTOBER 2009.

 

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

  

a.         the following representation on Council Committees be adopted:-

 

1.         Services and Resources Committee

 

This Committee deals with the "service" activities and day to day management of resources of the Council, such as finance, traffic and legal services. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets in the Committee Room in the Civic Centre on the first and third Mondays of each month at 8.00pm. The Committee requires a quorum of three (3) Councillors, one (1) from each ward.

 

Members: The Mayor — Councillor Gaffney, Ex Officio, Councillors Smith, Bennison, Mcilroy and Tudge.

 

2.                  Planning and Building Committee

 

This Committee has authority to determine development applications as lodged with Council not dealt with under delegated authority by the General Manager. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets in the Council Chambers on the first and third Mondays of each month at 8.00pm. The Committee requires a quorum of three (3) Councillors, one (1) from each ward.

Members: The Mayor — Councillor Gaffney, Ex Officio, Councillors Palmer, Forrest, Brooks-Horn and Longbottom.

 

3.                  Inspection Committee

 

This Committee of the whole of Council carries out site inspections where it is considered Council should do so, with the majority of inspections being of development application proposals. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets, unless otherwise determined, at 8.30am on the first Saturday of each month, in the Civic Centre carpark and then proceeds to inspection of the matters listed on the agenda. The Committee requires a quorum of five (5), with at least one (1) Councillor from each ward.

 

Members: All Councillors and appropriate staff as determined by the General Manager.

 

4.                  Citizenship Awards Selection Committee

 

This Committee considers nominations for Council's Citizenship Awards and meets in February and March each year prior to the ceremony which is currently held in May. The Meetings are held in the Civic Centre at 6pm.

 

Members: The Mayor – Councillor Gaffney, Ex Officio, Councillors Smith,  Palmer, Longbottom, Forrest, Brooks-Horn, and appropriate staff as determined by the General Manager and any available Councillors may also attend.

 

5.                  Publications Editorial Task Force

 

This Committee provides input from a Councillor's perspective on the draft Quarterly Newsletter to the community, which is prepared by Council staff. The Committee meets on an as required basis in the Committee Room in the Civic Centre at 5pm prior to Council Meetings.

 

Members: The Mayor - Councillor Gaffney Ex Officio, Councillors Longbottom, Mcilroy, Bennison and Smith and appropriate staff as determined by the General Manager.

 

Other Committees Involving Council Representation

 

6.                  Awards Nomination Committee

 

This Committee meets as required to make decisions on nominations for Awards such as Australia Day and rotary award ceremonies.

 

Members:        All Councillors and the General Manager or the General Manager’s nominee.

 

7.                  Lane Cove Bicycle Advisory Committee

 

This Committee meets to consider the provision of bicycle facilities in Lane Cove. The Committee meets in the Committee Room in the Civic Centre at 6pm as required.

 

Members: Councillors Brooks-Horn, Forrest, Mcilroy and Bennison, and any available Councillors may also attend.

 

8.                  Bushland Management Advisory Committee

 

This Committee provides advice to the General Manager on bushland management within Lane Cove. The Committee comprises three (3) Councillors, one from each Ward the Manager - Bushland, members of the Community and Representatives of the Lane Cove Bushland and Conservation Society. The Committee meets on the 4th Wednesday of each month at 6:00pm in the Committee Room in the Civic Centre.

 

Members: Councillors Bennison, Councillor Forrest, Councillor Palmer with Councillor Smith as alternate.

 

9.                  Cameraygal Festival Committee

 

This Committee is the organising committee for the Cameraygal Festival. The Committee generally meets from February to August and also in November on the 3rd Thursday of the month at 6pm.

 

Members: The Mayor - Councillor Gaffney, Ex Officio and Councillor Tudge and any available Councillors may also attend.

 

10.              Carisbrook Advisory Committee

 

This committee assists in the administration of Carisbrook House and meets every 6 weeks on Wednesdays at 9am in the Civic Centre.

 

Member:  Councillor Gaffney.

 

11.              Central Ward Traffic Consultative Forum

 

This Working Party meets quarterly to consider traffic issues in Central Ward and to provide advice to Council on those matters. Representation is made up of residents from Central Ward. Central Ward Councillors attend the forum.

 

Members: The three (3) Central Ward Councillors - Councillors Bennison, Forrest and Smith and the Manager - Traffic.

 

12.              Centrehouse Management Committee

 

Centrehouse is a not-for-profit community art and leisure centre offering leisure learning for the community, including various courses for children to adults and facilities for hire. The Management Committee meets the 1st Wednesday of each month at Centrehouse at 5.30pm.

 

Members: Councillors Bennison and Forrest.

 

13.              Chatswood South Cemetery Committee

 

This Committee meets twice a year on a Wednesday at 4.30pm to inspect the cemetery grounds and organise for any maintenance work to be undertaken. The Committee comprises of the Minister and two (2) parish members Church representatives, three (3) West Ward Councillors, Manager – Open Space and the Manager - Local History and Archives as Council's Archivist.

 

Members: The three (3) West Ward Councillors Councillors Gaffney, Longbottom and Mcilroy.

 

14.              Consultation Committee — Metropolitan Local Aboriginal Land Council (Metro) and Lane Cove Council

 

The purpose of the Committee is to co-ordinate any issues arising from the Agreement concerning Aboriginal land, working together to apply for funding and on joint ventures that foster reconciliation.

 

Members: The Mayor – Councillor Gaffney Ex Officio and Councillor Longbottom with Councillor  Bennison as an alternate and the General Manager.

 

15.              Councillor Peer Review Group

 

Council adopted as part of its Code of Conduct a Peer Review Group to assist in promoting the Code’s behavioural ideals and monitor council’s overall progress in achieving these ideals and provide feedback if necessary.

 

Members:  Councillors Smith and Palmer.

 

16.       Duntroon Avenue Community Liaison Committee

 

Council as part of its development consent resolved that the developer establish a community liaison committee, to facilitate information flow to the community regarding the development progress, issues and complaint that arise and solutions and remedies initiated. The Committee meets as required.

 

Members:  The three (3) East Ward Councillors - Councillors Brooks-Horn, Palmer and Tudge.

 

16.              East Ward Traffic Consultative Forum

 

This Working Party meets quarterly to consider traffic issues in East Ward and to provide advice to Council on those matters. Representation is made up of residents from East Ward. East Ward Councillors attend the forum.

 

Members: The three (3) East Ward Councillors —Councillors Brooks-Horn, Palmer and Tudge, and the Manager - Traffic.

 

17.              Golf Course Advisory Committee

 

Council as part of its draft Charter for the Golf Course resolved to establish a Golf Course Advisory Committee to include two members of the Lane Cove Country Club, (a Board
member and a Club Captain) nominated by the Club, Council Users being a senior representative of the organisation that holds the management rights for the pro shop, the golf professional for the Course as employed by the organisation that holds the Management Rights, three Councillors, one from each Ward plus Alternates appointed by a formal resolution of Council each year.  The Committee meets bi-monthly on a Tuesday at 8am in the Country Club.

 

Members: The Mayor Councillor Gaffney ex officio, Councillors Bennison, Longbottom, Mcilroy and Brooks-Horn.

 

18.              Gore Hill Memorial Cemetery Trust

 

The Trust is appointed by the Minister for Lands and is responsible for the care, control and management of Gore Hill Cemetery at St Leonards.  Meets bi-monthly at 6pm on a Thursday.

 

Member: Councillor Gaffney.

 

19.              Kindy Cove Management Advisory Committee

 

This Committee provides advice to the Management of the Long Day Care Centre, from a parent and community perspective. The Committee meets on the 3rd Wednesday of every month at 7.00pm, usually at Kindy Cove.

 

Member: Councillor Smith with Councillor Palmer as alternate.

 

20.              Lane Cove Access Committee

 

The Committee's objectives are to increase and promote general awareness of access, mobility and safety issues in the community and more specifically for people with disabilities and to provide advice on access to public amenities.  The Committee meets on the last Monday of every 2nd month at 10am.

 

Members: Councillor Mcilroy, with Councillor Palmer as alternate appropriate Council Officers as determined by the General Manager, five (5) representatives of organisations and five (5) community representatives.

 

 

 

21.              Lane Cove Community Aid Board of Directors

 

Community Aid is an incorporated association which provides direct services to the elderly, disabled and their carers in Lane Cove. The Board meets on the 2nd Thursday of each month at 7:30am at the Community Aid Centre.

 

Members: Councillors Longbottom and Smith.

 

22.              Lane Cove Cultural Advisory Committee

 

This Committee assists in the formulation of cultural planning strategies and initiatives.  The Committee meets in the Training Room in the Civic Centre at 6.15pm, 4th Wednesday of the month. The meeting dates are set by the Committee. 3 Councillors

 

Members: Councillors Tudge, Mcilroy, Smith with Councillor Bennison as alternate, Council staff as designated by the General Manager and up to eight (8) members drawn from the community.

 

23.              Lane Cove Historical Society

 

The Society meets on the fourth Tuesday of each month at 7pm excepting December and January in the Cove Room at Council and provides a forum for the promotion and discussion of history in Lane Cove.

 

Members:  Councillors Gaffney and Palmer.

 

24.              Lane Cove Occasional Child Care Centre

 

This Committee considers management issues of the Child Care Centre. The Committee meets on the 2nd Tuesday of each month at 7.30pm in the Centre.

 

Member: Councillor Palmer

 

25.              Lane Cove Retirement Units Association Ltd Board

 

The Association seeks to provide suitable accommodation for aged persons capable of independent living, and manages the land and buildings at Pottery Gardens to this end. Two (2) Councillors are required to be on the Board which meets bi-monthly on a Thursday at 7.30pm.

 

Members: Councillors Gaffney and Smith.

 

26.              Lane Cove Social Development Group

 

This Group assists in the development and ongoing monitoring of the Social Plan.  It provides a venue for community input into assessing strategies, actions and projects to meet community needs.   The Group meets quarterly – February, May, August, November on the second Wednesday of the month in the Committee Room of the Civic Centre at 6.00pm.

 

Members: Councillors Forrest, Smith and Tudge, three (3) community representatives and staff as determined by the General Manager.

 

27.              Lane Cove Sports Committee

 

This Committee was formed in 1978 to investigate and make recommendations to Council on matters relating to sport and sporting facilities within Lane Cove. The Committee comprises the Mayor as an ex-officio member of the Committee, Councillors and delegates of sporting clubs within Lane Cove. The Committee meets twice a year, at 7:00pm in the Staff Amenities room at the Civic Centre.

 

Members: The Mayor – Councillor Gaffney, Ex Officio, Councillors Brooks-Horn, Longbottom and Tudge and appropriate staff as determined by the General Manager.

 

28.              Lane Cove West Traffic Consultative Forum

 

This Working Party meets quarterly to consider traffic issues in West Ward and to provide advice to Council on those matters. Representation is made up of residents from West Ward. West Ward Councillors attend the forum.

 

Members: The three (3) West Ward Councillors — The Mayor — Councillor Gaffney, Ex Officio, Councillors Longbottom and Mcilroy, and the Manager - Traffic.

 

29.              Local History Publications Committee

 

The Committee members consist of the Manager - Library Services, the Manager - Local History and Archives, at least one (1) Councillor and appropriate experts selected according to subject matter. The Committee helps to plan the publication of papers relevant to the history and development of areas as defined by the Local History Collection. The Committee meets on an as required basis at the Lane Cove Library, meets after hours as required.

 

Members: The Mayor – Councillor Gaffney, Ex Officio, Councillors Longbottom  and Mcilroy and appropriate staff as determined by the General Manager.

 

30.              Marjorie Propsting Memorial Library Working Party

 

This Committee reports to, and liaises with, Council on matters affecting Library services at the Marjorie Propsting Memorial Library. The Committee comprises of the Manager - Library Services, one (1) member from Greenwich Library staff, three (3) members of the Greenwich Community Association, one (1) Representative of the Greenwich Kindergarten, one (1) member of the Greenwich Public School P&C Association and one (1) East Ward Councillor. Meets six monthly in the Greenwich Library on a Tuesday at 4pm.

 

Member: Councillor Palmer.

 

31.              Metro Pool Board

 

Metro Pool is made up of seven (7) Councils which self insure against Public Liability claims and purchase excess layers of insurance. The Board comprises of the General Managers and elected members of each member Council and has the responsibility of ratifying decisions made by the Management Committee and ensuring the ongoing viability of Metro Pool. The Board meets annually for its Annual General Meeting, normally at 10am at a host council.

 

Member:  Councillor Longbottom with Councillor Bennison as an alternate.

 

32.              Northern Sydney Regional Organisation of Councils - (NSROC)

 

NSROC is a voluntary group of seven (7) Northern Sydney Councils which exist to further the interests of its members and the communities they represent. The NSROC office is currently located at Lane Cove Council. NSROC's long term vision is for sustainable and involved communities having access to services and facilities which fulfil their needs. The member Councils achieve this through optimising resource sharing opportunities, effective and focused lobbying and integrated regional planning. Council is entitled to two (2) voting Councillors and the organisation meets on the 1st Thursday of every 3rd month at 7:00pm at a rotating venue.

 

Members: The Mayor – Councillor Gaffney with Councillor Palmer as an alternate and Councillor Longbottom with Councillor Brooks-Horn as an alternate and Councillor Smith with Councillor Forrest as an alternate.  Any Councillor is welcome to attend this committee meeting.

 

33.              Public Libraries NSW - Metropolitan Association(Inc.)

 

This is an Association of Library Managers from the Greater Sydney Metropolitan Area. The Association was established to ensure resource sharing programs, and for exchanging ideas. The Committee meets on a quarterly on a Friday at 10am at alternate venues.

 

Member: The Mayor - Councillor Gaffney and the Manager – Library Services.

 

34.              Shell Consultative Committee

 

This Committee is convened by Shell Australia and Council's Representatives include the Mayor, East Ward Councillors and the Manager - Assets. The Committee meets quarterly on a Wednesday at 7.30pm.

 

Members: The Mayor – Councillor Gaffney, Ex Officio, Councillors Palmer, Brooks-Horn and Tudge.

 

35.              Shorelink Committee

 

This Committee manages the Shorelink Library Network and was established in 1983. The Committee comprises five (5) Councillors; one (1) from Lane Cove, Manly, Mosman, North Sydney and Willoughby Councils and the Chief Librarian from each of the Councils. This Committee meets five (5) times a year, at 6:00pm, and rotates its venues between Councils.

 

Members: The Mayor, Councillor Gaffney.

 

36.              Sustainability Advisory Committee

 

This Committee assists Council in the formulation, prioritisation and implementation of strategies and initiatives to achieve sustainability as primarily set out in the Sustainability Action Plan. The committee meets on the 3rd Wednesday of every 2nd month at 6pm in the Committee Room.

 

Members: Councillors Mcilroy, Forrest, Bennison and Tudge.

 

37.              Willoughby/Ryde/Hunters Hill/Lane Cove District Bushfire Committee

 

This Committee was established to meet the requirements of the Rural Fires Act in minimising the impact of bushfires on the community. Its functions include approving priorities and locations for hazard reduction works. Representatives are from the four (4) Councils, National Parks and Wildlife Service, NSW Police Service, TollAust and NSW Fire Brigades. The Committee meets approximately 6 times a year at the NSW Fire Brigades Regional Office in Artarmon during business hours usually on a Thursday morning.

 

Members:  The Mayor — Councillor Gaffney, Ex Officio with Councillor Forrest as an alternate and staff as determined by the General Manager.

 

 

b.               that the Library Fit-Out Committee no longer requires to meet and the members of the committee be sent a letter of thanks for their valuable time and input.

 

c.               The Charter for the Awards Nomination Committee shown attached as AT 1 be endorsed.

 

 

 

 

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

 

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:

 

Human Services Division Report No. 15

SUBJECT: Tender for Conversion of 47 Burns Bay Road, Lane Cove into Community Centre and Childcare Facility

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  Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.

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 members of the public made representations.

 

PROCEDURAL MOTION

311

RESOLVED on the motion of Councillors Smith and Tudge 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

 

Human Services Division Report No. 15

SUBJECT: Tender for Conversion of 47 Burns Bay Road, Lane Cove into Community Centre and Childcare Facility

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  Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.

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.

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That:- 

 

1.   The tender from Avant Constructions Pty Ltd for the conversion of 47 Burns Bay Road to a child care and community centre be accepted.

 

2.   The General Manager be authorised to enter into a contract with Avant Constructions Pty Ltd.

 

 

  

PROCEDURAL MOTION

312

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

 

CONFIDENTIAL ITEMS

 

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

 

Human Services Division Report No. 15

SUBJECT: Tender for Conversion of 47 Burns Bay Road, Lane Cove into Community Centre and Childcare Facility

313

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

 

1.   The tender from Avant Constructions Pty Ltd for the conversion of 47 Burns Bay Road to a child care and community centre be accepted.

 

2.   The General Manager be authorised to enter into a contract with Avant Constructions 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).

 

 

 

CLOSE

 

The meeting closed at 9:29pm.

 

 

Confirmed at the Ordinary Council Meeting of 6 October 2009, at which meeting the signature herein is subscribed.

 

 

 

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document3