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Minutes

Ordinary Council Meeting

1 March 2010 6.39pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 1 March 2010

 

Minutes

 

 

 

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

 

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

 

DECLARATIONS OF INTEREST: Nil

 

OPENING OF MEETING WITH PRAYER

 

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

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

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:

 

Corporate Services Division Report No. 8

SUBJECT: Acquisition of Property - Lane Cove West Business Park

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and the report contains valuation information as to the potential purchase prices for the property.

 

 

No members of the public made representations.

 

PROCEDURAL MOTION

24

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

                         

1.       Council 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, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9).

Against the motion was Nil (Total 0).

Council moved into Closed Committee at 6:43pm.  The public and media left the chamber.

 

Closed Committee commenced.

 

CONFIDENTIAL ITEMS

 

Corporate Services Division Report No. 8

SUBJECT: Acquisition of Property - Lane Cove West Business Park

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and the report contains valuation information as to the potential purchase prices for the property.

 

 

RECOMMENDATION OF CLOSED COMMITTEE

 

That Council purchase property in the Lane Cove West Business Park as discussed in Closed Committee and delegated authority be granted to the General Manager to complete the purchase.

 

  

PROCEDURAL MOTION

25

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 Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9).

Against the motion was Nil (Total 0).

 

The meeting moved into Open Council at 7pm.

 

CONFIDENTIAL ITEMS

 

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

 

Corporate Services Division Report No. 8

SUBJECT: Acquisition of Property - Lane Cove West Business Park

26

RESOLVED on the motion of Councillors Longbottom and Smith that Council purchase property in the Lane Cove West Business Park as discussed in closed committee and delegated authority be granted to the General Manager to complete the purchase.

 

 

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

Against the motion was Nil (Total 0).

 

 

 

 

 

 

SUSPENSION OF STANDING ORDERS

27

RESOLVED on the motion of Councillors Palmer and Longbottom 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, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9).

Against the motion was Nil (Total 0).

 

Public Forum

 

Janet King, Burradoo –Environmental Services Division Report No. 5 representing the estate of the late owner,  requesting consent not conditional on construction of driveway access and support of Option C.

 

Margaret Campbell, Town Planner for the applicants –Environmental Services Division Report No. 5, supporting the granting of consent.

 

Warren Welsh, Longueville Rd Lane Cove – expressing concern about Council’s treatment of the  Lane Cove Tennis Club.

 

Bill Russo, 9 William Edward St – in relation to Dogs at Kingsford Smith Oval Longueville, advocating the continued sharing of the Oval.

 

Gerard Boyle, Lane Cove Cricket Club, in relation to Dogs at Kingsford Smith Oval Longueville, requesting the status quo remain.

 

Paul Johnson, 60 Kenneth St Longueville, in relation to Dogs at Kingsford Smith Oval Longueville, requesting the status quo remain.

 

Tim Ryan, Wharf Rd,  Lane Cove Cricket Club, in relation to Dogs at Kingsford Smith Oval Longueville, identifying safety concerns associated with off leash dog walking.

 

Deborah Hill, Lane Cove Chamber of Commerce – General Managers Report No. 4, Lane Cove Market Square Carpark, in relation to the operation of the ticketless system, the proposed time limits, and the option of 4hr+ paid parking within Lane Cove.

 

Richard Mole, 23 Stuart St Longueville in relation to Dogs at Kingsford Smith Oval Longueville, suggesting there be an equal sharing of the space.

 

Paul Mirabelle, 74 Kenneth St Lane Cove – Longueville in relation to Dogs at Kingsford Smith Oval Longueville,  and the need for sharing of the space between organised sport and passive recreation.

 

Resumption of Standing Orders

28

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

 

 

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

Against the motion was Nil (Total 0).

 

 

 

 

NOTICE OF MOTION NO. 3

SUBJECT: KINGSFORD SMITH OVAL, LONGUEVILLE

 

Motion

 

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

 

1.   A report on the use of Kingsford Smith Oval be brought to Council, including the hours of hire and use by sporting clubs (and others) and numbers and nature of complaints received by Council in relation to the use of Kingsford Smith Oval; and

 

2.   Council liaise with sporting clubs to discuss the hours of use (bookings).

 

Foreshadowed Motion

 

A foreshadowed motion was moved by Councillors Longbottom and Smith that:-

 

1.   The status quo be retained at Kingsford Smith Oval; and

 

2.   The temporary signage be removed and a notice be placed on the notice board clarifying the times the oval has been booked for organised activity.

 

 

 

 

 

 

 

29

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

 

For the motion were Councillors Forrest and Mcilroy (Total 2).

Against the motion were Councillors Bennison, Brooks-Horn, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 7).

 

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

 

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

Against the motion were Councillors Forrest (Total 1)

 

Environmental Services Division Report No. 5

SUBJECT: 16 Kingslangley Road Greenwich

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

30

Motion

 

A motion was moved by Councillors Palmer 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 obtain approval from Council for the construction of a  vehicular crossing for each parcel of land. The access to 14 Kingslangley Road (Lot 6 DP9794) is to be via a driveway along the south eastern boundary. The access to 16 Kingslangley Road (Lot 2 DP310610) is required to be via a driveway along the northern boundary. Both access points need to be designed in accordance with AS 2890 Series.

 

The driveway applications are to be submitted to Council for approval 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 satisfied, 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 Commencement of Works

 

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 Commencement of Work.

 

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 Commencement of Work.

 

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.

 

Suspension of Standing Orders

RESOLVED on the motion of Councillors Longbottom and Tudge to allow the applicant’s town planner to address Council.

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

Against the motion was Nil (Total 0).

 

Standing orders resumed at 8pm.

 

 

 

FORESHADOWED MOTION

 

A foreshadowed motion was moved by Councillor Longbottom and Brooks-Horn that pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a 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:-

 

1.         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.         Prior to release of the subdivision certificate, the applicant shall submit and have approved, driveway and vehicular crossing plans for both proposed lots, to be designed to the specifications and levels required by Council.

 

3.         Prior to the commencement of works on either lot, it will be necessary to construct a vehicular crossing.  A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council for each lot.  All works associated with the construction of the crossing shall be borne by the applicant.

 

4.         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.

 

5.         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.

 

6.         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:-

 

(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.

 

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 Commencement of Works

 

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 Commencement of Work.

 

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 Commencement of Work.

 

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.

 

 

31

The foreshadowed motion became the motion was put to the vote and was declared carried.

 

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

Against the motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 15 FEBRUARY 2010

32

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 15 February 2010 be received.

 

 

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

Against the motion was Nil (Total 0).

 

33

RESOLVED on the motion of Councillors Smith and Tudge that minutes of the Ordinary Council meeting held on the 15 February 2010 be confirmed.

 

 

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

Against the motion was Nil (Total 0).

 

 

Orders Of The Day

 

Order Of The Day No. 2

SUBJECT: Citizenship Ceremony - 17th March 2010

34

RESOLVED on the motion of Councillors Gaffney and Bennison that Councillor Palmer be nominated to attend the Citizenship ceremony on 17th March 2010 and speak to the new citizens about local government.

 

 

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

Against the motion was Nil (Total 0).

 

 

Order Of The Day No. 3

SUBJECT: Council and Committee Meeting Schedule - March and April 2010

35

RESOLVED on the motion of Councillors Smith and Tudge that the Council and Committee Meeting Schedule for the remainder of March 2010 and April 2010 be adopted.

 

 

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

Against the motion was Nil (Total 0).

 

 

Order Of The Day No. 4

SUBJECT: Condolences on the Passing of Pat Weston

36

RESOLVED on the motion of Councillors Tudge and Gaffney that the Mayor send a letter of condolence to Joe Weston on behalf of Council, following the passing of Pat Weston.

 

 

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

Against the motion was Nil (Total 0).

Notices of Motion

 

Notice of Motion No. 2

SUBJECT: Lane Cove Occasional Care Centre

37

RESOLVED on the motion of Councillors Brooks-Horn and Smith that Council contribute matching funds of up to $45,000 for renovations to the Lane Cove Occasional Care Centre and the General Manager identify a suitable source of funding in the next Budget Review.

 

 

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

Against the motion was Nil (Total 0).

 

Matter Arising

38

RESOLVED on the motion of Councillors Palmer and Tudge that if there are no unallocated funds available to the General Manager in the budget, unallocated 2009-2010 Ward Funds be allocated to the project.

 

 

For the motion were Councillors Brooks-Horn, Forrest, Palmer, Tudge, Longbottom and Gaffney (Total 6).

Against the motion were Councillors Bennison, Mcilroy and Smith (Total 3).

 

ADJOURNMENT

 

The Mayor adjourned the Council Meeting at 8.22pm and opened the Services and Resources Committee

 

RESUMPTION

 

The Council Meeting resumed at 8.23pm.

 

Notice of Motion No. 4

SUBJECT: Consultation Strategy for Lane Cove Plaza

 

 

 

 

 

 

 

 

39

MOTION

 

A motion was moved by Councillors Forrest and Tudge that the Dickson Rothschild Heritage Report also go out on exhibition with the Plaza and Bandstand concepts as background information.

 

Extension of Time

RESOLVED on the motion of Councillors Palmer and Gaffney that an extension of 3 minutes be granted to Councillor Forrest.

 

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

Against the motion was Nil (Total 0).

 

 

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

 

For the motion were Councillors Forrest, Palmer and Tudge (Total 3).

Against the motion were Councillors Bennison, Brooks-Horn, Mcilroy, Smith, Longbottom and Gaffney (Total 6).

 

 

 

General Managers Reports

 

General Managers Report No. 4

SUBJECT: Lane Cove Market Square Carpark - Further Report on Paid Parking

 

MOTION

 

A motion was moved by Councillor Tudge and Palmer that Council:-

1.   Adopt the advertised changes to the fees and charges for paid parking within the Lane Cove Market Square as set out in the report;

 

2.   Authorise the General Manager to implement paid parking with the first 2 hours free as outlined in the report, noting that provided a vehicle has not accumulated time earlier in the day, entries made between 6 pm and 11pm will not be charged on exit.

3.   Request the General Manager work with the Chamber of Commerce in devising an advertising strategy to advertise paid parking changes to the LCMS carpark including in the media and Council’s quarterly newsletter;

4.   Provide a 14 day moratorium on collection of fees once the system is operational, with each patron staying in excess of 2 hours being provided with an educational pamphlet;

5.   Write to those who made a submission advising them of Council’s decision; and

6.   Review the parking arrangements for the Lane Cove Market Square carpark in 12 months time.

 

FORESHADOW MOTION

 

A Foreshadow motion was moved by Councillors Brooks-Horn and Longbottom that:-

 

1.   Consideration of the matter be deferred to the next Council meeting as there is not enough information to make an informed decision; and

 

2.   Council requests the General Manager to prepare a report with the following, but not limited to the following, in relationship to the car parking at Lane Cove Market Square:-

 

·     Cost of boom gate system implementation and running cost,

·     Cost of auto payment system,

·     Layout of car park entry and exit to accommodate new system,

·     How the ticketless system would work,

·     Where else is this ticketless system in use,

·     Why can’t we have a ticket system?

·     How disputes are to be handled and who by (e.g. time at car park),

·     Expected revenue vs costs analyses,

·     Why we have to have this parking lot as paid parking,

·     Legal advice as to the legality of photographing car numberplates and storing of the information,

·     Fail safe systems:-

·      What happens when the computer system is down?

·      What happens when the vehicle gets to the exit gate and the gate doesn’t lift?

·      What happens when someone doesn't follow the sign to pull over and pay?

·      What happens when the camera is vandalised?

·      Who will be on call to deal with faults and disputes and where will they be located?

·     Advertising of proposed costs:

·      This was advertised where? (before the car park was open)

·      Should the proposed rates be readvertised in the car park of market square?  Maybe also advertised at other park lots

·      Analysis of what affect the library will impact on parking

·     If the two free hour model is selected then what alternative 3 free hour parking can or will be provided to compensate?

·     What will the financial cost be to change the free parking from 2 to 3 hours?

Extension of Time

40

RESOLVED on the motion of Councillors Bennison and Gaffney that an extension of time be granted to Councillor Palmer.

 

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

Against the motion was Nil (Total 0).

 

Extension of Time

41

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that an extension of time be granted to Councillor Longbottom.

 

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

Against the motion was Nil (Total 0).

 

Extension of Time

42

RESOLVED on the motion of Councillors Gaffney and Palmer that an extension of time be granted to Councillor Tudge.

 

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

Against the motion was Nil (Total 0).

 

43

The motion was put to the vote and was declared carried.

 

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

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

 

The Foreshadow Motion lapsed.

 

Matter Arising

 

Motion

 

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

 

1.   It be noted the fees in Part 1 of the resolution are;-

·         $4.50 – 2-3hrs

·         $6.00 – 3-4hrs

·         $15.00 – 4-5hrs

·         $20.00 – up to 5 hrs

·         $40.00 – over 6 hrs

 

2.   The surplus fee revenue, after carpark operating costs, be allocated to car parking and a financial report be submitted to Council.

 

 

44

 

Procedural Motion

RESOLVED on the motion of Councillors Longbottom and Tudge that the parts of the motion be dealt with ad seriatim.

 

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

Against the motion was Nil (Total 0).

 

45

Part 1 of the motion was put to the vote and was declared carried.

 

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

Against the motion was Nil (Total 0).

 

46

Part 2 of the motion was put to the vote and was declared carried.

 

For the motion were Councillors Bennison, Brooks-Horn, Forrest, Tudge, Smith, Longbottom and Gaffney (Total 7).

Against the motion were Councillors Mcilroy and Palmer (Total 2).

CLOSE

 

The meeting closed at 10.47pm.

 

Confirmed at the Ordinary Council Meeting of 15 March 2010, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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