m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

Ordinary Council Meeting

15 February 2010, 6:34pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 15 February 2010

 

Minutes

 

 

 

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

 

ALSO PRESENT: General Manager,  Executive Manager – Corporate Services, Executive Manager – Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Manager – Development Assessment, and Office Manger – Corporate Services.

 

DECLARATIONS OF INTEREST: Nil

 

 

APOLOGIES                                                     

Apologies were received on behalf of Councillor K. Mcilroy.

6

RESOLVED on the motion of Councillors Tudge and Smith that the apology be accepted and a leave of absence be granted.

 

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

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Father Martin Maunsell, St Michael’s Catholic Church, Lane Cove.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

 

CONFIDENTIAL ITEMS

 

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

 

 

Open Space and Urban Services Division Report No. 7

SUBJECT: Proposed Primary Regulating Station Easement

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 the report includes details of the commercial value of the land and disclosure would impact on negotiations on compensation for this land.

 

 


 

Human Services Division Report No. 5

SUBJECT: Lane Cove Aquatic Leisure Centre

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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 the report contains advice from Council’s Solicitors in regards to litigation.

 

 

No members of the public made representations.

 

PROCEDURAL MOTION

7

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

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

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

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

 

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

Against the Motion was Nil (Total 0).

 

Council moved into Closed Committee at 6:36pm. The public and media left the chamber.

 

Closed Committee commenced.

 

Confidential Items

 

Human Services Division Report No. 5

SUBJECT: Lane Cove Aquatic Leisure Centre

 

RECOMMENDATION OF CLOSED COMMITTEE

That Council authorise the Mayor and General Manager to settle the proceedings at a figure of no lower than that agreed upon in Closed Committee.

 

Councillor Scott Bennison left the meeting at 7:19pm.

 

Councillor Scott Bennison returned to the meeting at 7:20pm.


 

Open Space and Urban Services Division Report No. 7

SUBJECT: Proposed Primary Regulating Station Easement

 

RECOMMENDATION OF CLOSED COMMITTEE

That:-

1.      The matter be deferred until the next Council meeting and the General Manager continue negotiations; and

2.      Jemena Asset Management Pty Ltd be invited to present the proposal and the site options considered at the next Council meeting.

 

PROCEDURAL MOTION

8

RESOLVED on the motion of Councillors Brooks-Horn and Smith that Council move out of Closed Committee and into Open Council.

 

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

Against the Motion was Nil (Total 0).

 

The meeting moved into Open Council at 7:39pm.

 

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. 5

SUBJECT: Lane Cove Aquatic Leisure Centre

9

RESOLVED on the motion of Councillors Longbottom and Smith that Council authorise the Mayor and General Manager to settle the proceedings at a figure of no lower than that agreed upon in Closed Committee.

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 7

SUBJECT: Proposed Primary Regulating Station Easement

10

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

1.   The matter be deferred until the next Council meeting and the General Manager   continue negotiations; and

2.   Jemena Asset Management Pty Ltd be invited to present the proposal and the site   options considered at the next Council meeting.

 

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

Against the Motion was Nil (Total 0).

 

SUSPENSION OF STANDING ORDERS

11

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 Bennison, Brooks-Horn, Forrest, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Graham Holland, 7 Johnston Cres Lane Cove, speaking on behalf of the Lane Cove Bushland Conservation Society in opposition of the recommendations put forward in regards to Open Space and Urban Services Report No. 7.  He suggested the facility be built in the industrial area. 

Doug Stuart, 21a William Edward St Longueville, speaking on behalf of RASAD with regards to Open Space and Urban Services Report No. 1 and the proposed consultation strategy for Lloyd Rees Bandstand.

Corinne Fagueret, 2/4 Austin Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 1 suggesting areas where the community consultation strategy should be clarified and expanded. 

Paul Hopmeyer, 45 Finlayson St Lane Cove, speaking with regards to Open Space and Urban Services Report No. 1 in relation to the consultation strategy.

Margaret Campbell, Kingslangley Rd Greenwich, speaking with regards to Environmental Services Report No. 405 expressing concerns with deferred commencement and possible future developments on the site specifically the construction of driveway access to both lots.

Frances Vissel, 14 Fraser St Lane Cove, speaking on behalf of Stringybark Creek Residents Association in regards to Open Space and Urban Services Report No. 7 opposing the development of the facility in the residential areas and suggesting other possible sites including the industrial area.

Margaret Clinch, 373 Burns Bay Rd Lane Cove, speaking in regards to Open Space and Urban Services Report No. 7 recommending the proposed structure be built on an industrial site and also speaking in relation to Open Space and Urban Services Report No. 1 identifying insufficient orientation points on Bandstand documents and suggesting open and interactive public consultation options.

Margaret Martin, 93 Johnston Cres Lane Cove, speaking in regards to Open Space and Urban Services Report No. 7 strongly opposing construction of the facility in residential area.

Wayne Rylands speaking on behalf of Mr Van Reyswoud of 97a Johnston Crescent in regards to Open Space and Urban Services Report No. 7 expressing issues of impact on natural environment and access to footpaths and bus stops surrounding the proposed site.

 

Resumption of Standing Orders

12

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

 

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

Against the Motion was Nil (Total 0).

 

 

Open Space and Urban Services Division Report No. 1

SUBJECT: Lloyd Rees Bandstand - Public Consultation Strategy

13

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

1.      Council proceed with consultation for the Lane Cove Village Public Domain Master Plan, modified Lloyd Rees Bandstand proposals and Lane Cove Plaza Concepts as outlined in the consultation strategy in the report subject to:-

a.            The consultation period being for 90 days;       

b.            A workshop for the general community be conducted; and

c.            The Key Message Givers group leader session be conducted by Council staff for all community group leaders.

2.      The modified Lloyd Rees Bandstand proposals to be exhibited include:-

a.            Richard Goodwin Bandstand Concept;

b.            Suprun and Buchanan Bandstand Concept; and

c.            Staff Bandstand Concept.

3.      The Lane Cove Plaza Concepts to be exhibited include:-

a.            Spackman Mossop Michaels Plaza Concepts Options 1 and 2; and

b.            Staff Plaza Concept.

4.      Mechanisms and strategies be provided to offer summary and feedback to community members.

 

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

Against the Motion was Nil (Total 0).

 

 

Open Space and Urban Services Division Report No. 3

SUBJECT: Proposed Gas Primary Regulating Station

14

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

1.      The matter be deferred until the next Council meeting and the General Manager continue negotiations; and

2.      Jemena Asset Management Pty Ltd be invited to present the proposal and the site options considered at the next Council meeting.

 

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

Against the Motion was Nil (Total 0).

 


 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 1 FEBRUARY 2010 AND OF EXTRAORDINARY COUNCIL MEETING - 10 FEBRUARY 2010

15

RESOLVED on the  of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on 1 February 2010 and the Extraordinary Council Meeting held on 10 February 2010 be received.

 

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

Against the Motion was Nil (Total 0).

16

RESOLVED on the  of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on 1 February 2010 and the Extraordinary Council Meeting held on 10 February 2010 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

Councillor Ann Smith left the meeting at 8:32pm.

 

Councillor Ann Smith returned to the meeting at 8:33pm.

 

Councillor Longbottom requested that a précis of the Sydney Morning Herald Transport Options Paper be included in a future edition of Council News.

 

 

Notices of Motion

 

Notice of Motion No. 1

SUBJECT: On-Street Parking

17

RESOLVED on the motion of Councillors Longbottom and Bennison that the General Manager prepare a report for Council that explains on-street parking requirements in residential zones.

 

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

Against the Motion was Nil (Total 0).

 

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 5

SUBJECT: 2nd Quarter Review of the 2009 - 2010 Budget

18

RESOLVED on the motion of Councillors Longbottom and Tudge that the 2009 - 2010 Budget be varied in terms of this report.

 

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

Against the Motion was Nil (Total 0).

 


 

Corporate Services Division Report No. 2

SUBJECT: 2nd Quarter Review of the 2009-2012 Management Plan

19

RESOLVED on the motion of Councillors Smith and Longbottom that the Second Quarter Review of the 2009-2012 Management Plan be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 4

SUBJECT: Lane Cove Town Centre - Proposed 40 km/hour HigH Pedestrian Activity Area

20

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

1.   The updated report on the proposed 40km/h High Pedestrian Activity Area for the Lane Cove Town Centre be received and noted;

2.   Council liaise with the RTA, in order to implement the 40 km/hour speed limit in the Town Centre; and

3.   A further report be tabled for Council’s consideration on the RTA’s response regarding the proposed implementation of the 40 km/hour speed limit in the Town Centre.

 

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

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 405

SUBJECT: 16 Kingslangley Road, Greenwich

 

MOTION

A Motion was moved by Councillors Palmer and Tudge that pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred development consent to Development Application D241/09 for demolition of the existing dwelling house at 16 Kingslangley Road and boundary adjustment between 14 and 16 Kingslangley Road, Greenwich subject to the following conditions:-

 Part A:  Deferred Commencement Condition

The applicant is required to submit for approval by Council one vehicular crossing for each parcel of land. Both access points need to be designed in accordance with AS 2890 Series.

The proposed vehicular crossings shall be designed to the specifications and levels issued by Council. Two ‘Construction of Residential Vehicular Footpath Crossing’ applications shall be submitted to Council. All works associated with the construction of the crossings shall be borne by the applicant.

 

Both vehicular crossings shall be submitted for approval within 12 months of the granting of this deferred commencement consent. This approval cannot commence until written approval of the driveway consent has been given by Council.

Part B:

Subject to A above being approved, a development consent and plans be issued, subject to the following conditions:-

1.         That the development be strictly in accordance with drawing number 31893A02.DGW Rev A dated 17/09/09 by Degotardi, Smith & Partners except as amended by the following conditions.

2.         A photographic archival recording, in accordance with the Heritage Branch publication ‘How to prepare archival recordings of heritage items’ be made and submitted to the Council Library prior to demolition of the buildings.

3.         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.

4.         It has been identified that the building contains Asbestos.  Demolition works are to be carried out by a licensed contractor, in accordance with the Workcover requirements.  For more information see www.nsw.gov.au/fibro or www.workcover.nsw.gov.au.

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

6.         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.

7.         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.

8.         Depositing or storage of materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

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

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

10.       (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), the principal certifying authority may approve the use of rock pick machines providing that:-

(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.

11.       The demolition works being confined within the boundaries of the site.

12.       All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

13.       The site being properly fenced to prevent access of unauthorised persons outside of working hours.

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

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

Tree Conditions

16.       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.

17.       All existing trees, excepting those shown in the approved plan to be removed shall be protected for the duration of the proposed development.  Irrespective of this consent permission from Council must be obtained for the pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

18.       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.

 

19.       Rubbish must be stored in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

20.       A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 4m from the trunk of the Himalayan cedar tree located at the front of the property. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.

21.       A waterproof sign must be placed on all tree protection zones stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

22.       The trunk of the Spotted gum street tree must be protected during the construction period by a trunk guard.  The trunk guard must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2 m from the ground

23.       All tree protection measures and signage must be erected PRIOR TO THE COMMENCEMENT OF WORKS. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development including construction of the driveway crossing.

General Engineering Conditions

24.       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. 

25.       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.

26.       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.

27.       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.

28.       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.

29.       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’.

 

30.       88B Instrument: An instrument under 88B of the Conveyancing Act 1919 plus two copies is to be submitted to Council prior to the release of subdivision certificate. The 88B instrument shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.

            Where Council, inter-allotment drainage lines or services are located within the development, drainage easements and easements for services shall be created in accordance with Council’s minimum widths as set out in Council’s DCP-Stormwater Management.

            Part 2 of the 88B instrument shall contain a provision that any easements, rights of way, covenants shall not be extinguished or altered without the written consent of Council.

31.       Linen Plan of Subdivision: A Linen Plan of Subdivision plus 5 copies are to be submitted to Council prior to the release of subdivision certificate.

            The linen plan of subdivision shall be suitable for endorsement by the general manager pursuant to Section 327 of the local government act and shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies

Engineering Conditions to be Complied with Prior to the Issue of Construction Certificate

32.       Council Infrastructure Damage Bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation 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 14 days 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.

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

Engineering Conditions to be Complied with Prior to the Commencement of Any Site Works (Including Site Establishment) 

34.       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.

The Motion was withdrawn.

 

 

 

SECOND MOTION

A Motion was moved by Councillors Tudge and Smith that pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred development consent to Development Application D241/09 for demolition of the existing dwelling house at 16 Kingslangley Road and boundary adjustment between 14 and 16 Kingslangley Road, Greenwich subject to the following conditions:-

Part A:  Deferred Commencement Condition

The applicant is required to construct one vehicular crossing for each parcel of land. Lot 6 DP9794 is required to install the new driveway along the south eastern boundary. Lot 2 DP310610 is required to install a new driveway along the northern boundary. Both access points need to be designed in accordance with AS 2890 Series.

The proposed vehicular crossings shall be constructed to the specifications and levels issued by Council. Two ‘Construction of Residential Vehicular Footpath Crossing’ applications shall be submitted to Council. All works associated with the construction of the crossings shall be borne by the applicant.

Both vehicular crossings shall be designed and constructed within 12 months of the granting of this deferred commencement consent. This approval cannot commence until written approval of the driveway construction has been given by Council.

Part B:

Subject to A above being constructed satisfactorily, a development consent and plans be issued, subject to the following conditions:-

1.         That the development be strictly in accordance with drawing number 31893A02.DGW Rev A dated 17/09/09 by Degotardi, Smith & Partners except as amended by the following conditions.

2.         A photographic archival recording, in accordance with the Heritage Branch publication ‘How to prepare archival recordings of heritage items’ be made and submitted to the Council Library prior to demolition of the buildings.

3.         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.

4.         It has been identified that the building contains Asbestos.  Demolition works are to be carried out by a licensed contractor, in accordance with the Workcover requirements.  For more information see www.nsw.gov.au/fibro or www.workcover.nsw.gov.au.

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

6.         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.

 

7.         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.

8.         Depositing or storage of materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

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

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

10.       (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), the principal certifying authority may approve the use of rock pick machines providing that:-

(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.

11.       The demolition works being confined within the boundaries of the site.

12.       All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

13.       The site being properly fenced to prevent access of unauthorised persons outside of working hours.

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

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

 

 

 

Tree Conditions

16.       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.

17.       All existing trees, excepting those shown in the approved plan to be removed shall be protected for the duration of the proposed development.  Irrespective of this consent permission from Council must be obtained for the pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

18.       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.

19.       Rubbish must be stored in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

20.       A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 4m from the trunk of the Himalayan cedar tree located at the front of the property. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.

21.       A waterproof sign must be placed on all tree protection zones stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

22.       The trunk of the Spotted gum street tree must be protected during the construction period by a trunk guard.  The trunk guard must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2 m from the ground

23.       All tree protection measures and signage must be erected PRIOR TO THE COMMENCEMENT OF WORKS. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development including construction of the driveway crossing.

General Engineering Conditions

24.       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. 

25.       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.

 

 

26.       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.

27.       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.

28.       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.

29.       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’.

30.       88B instrument: An instrument under 88B of the Conveyancing Act 1919 plus two copies is to be submitted to Council prior to the release of subdivision certificate. The 88B instrument shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.

            Where Council, inter-allotment drainage lines or services are located within the development, drainage easements and easements for services shall be created in accordance with Council’s minimum widths as set out in Council’s DCP-Stormwater Management.

            Part 2 of the 88B instrument shall contain a provision that any easements, rights of way, covenants shall not be extinguished or altered without the written consent of Council.

31.       Linen Plan of Subdivision: A Linen Plan of Subdivision plus 5 copies are to be submitted to Council prior to the release of subdivision certificate.

            The linen plan of subdivision shall be suitable for endorsement by the general manager pursuant to Section 327 of the local government act and shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies

Engineering Conditions to be Complied with Prior to the Issue of Construction Certificate

32.       Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation 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 14 days 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.

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

Engineering Conditions to be Complied with Prior to the Commencement of Any Site Works (Including Site Establishment) 

34.       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.

The Motion was withdrawn

21

RESOLVED on the motion of Councillors Longbottom and Bennison that the matter be deferred to the next Council meeting to allow a review of the submitted engineering report to be undertaken and a further report be submitted to Council.

 

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

Against the Motion was Nil (Total 0).

 

ADJOURNMENT

 

The meeting was adjourned to allow the commencement of the Services and Resources Committee. 

 

The Mayor opened the Services and Resources Committees and adjourned it.

 

RESUMPTION

 

The meeting resumed.

 

Environmental Services Division Report No. 3

SUBJECT: Delegated Authority Report - January 2010

22

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

 

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

Against the Motion was Nil (Total 0).

 

Human Services Division Reports

 

Human Services Division Report No. 4

SUBJECT: Progress of the Fit-out of the Lane Cove Library

23

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

1.   Council receive and note this report; and

2.   A further report be presented to Council at the next Council meeting.

 

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

Against the Motion was Nil (Total 0).

 

 

CLOSE

 

The meeting closed at 8:55pm.

 

Confirmed at the Ordinary Council Meeting of 1st March 2010, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

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