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Minutes

Ordinary Council Meeting

7 June 2010, 6:45pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 7 June 2010

 

Minutes

 

 

 

PRESENT: 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, Acting Executive Manager- Human Services, Manager – Development Assessment, Director – Major Projects, and Office Manager – Corporate Services.

 

 

DECLARATIONS OF INTEREST:

Councillor Tudge declared a pecuniary interest later in the meeting in relation to a Matter Arising to  Open Space and Urban Services Division Report No. 24.

 

 

OPENING OF MEETING WITH PRAYER

 

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

 

 

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. 35

SUBJECT: Tender for Brokerage and Claims Management Services -  Metro Pool Public Liability and Professional Indemnity Pool

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

149

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

                         

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

Against the Motion was Nil (Total 0).

 

Council moved into Closed Committee at 6:46pm. The public and media left the chamber.

 

Closed Committee commenced.

 

CONFIDENTIAL ITEMS

 

Corporate Services Division Report No. 35

SUBJECT: Tender for Brokerage and Claims Management Services -  Metro Pool Public Liability and Professional Indemnity Pool

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 CLOSED COMMITTEE

That:-

1.    Willis Group be appointed as brokers to United Independent Pools, Metro Pool and Westpool for five years as outlined in the tender specifications.

2.    Claims Management Australasia be appointed as claims manager for United Independent Pools, Metro Pool and Westpool Pool for five years as outlined in the tender specifications.

 

 

 

PROCEDURAL MOTION

150

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

 

 

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

Against the Motion was Nil (Total 0).

 

The meeting moved into Open Council at 6:47pm.

 

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

 

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. 35

SUBJECT: Tender for Brokerage and Claims Management Services -  Metro Pool Public Liability and Professional Indemnity Pool

151

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

1.    Willis Group be appointed as brokers to United Independent Pools, Metro Pool and Westpool for five years as outlined in the tender specifications.

2.      Claims Management Australasia be appointed as claims manager for United Independent Pools, Metro Pool and Westpool Pool for five years as outlined in the tender specifications

 

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

152

RESOLVED on the motion of Councillors Gaffney and Palmer that Human Services Report No. 18 be brought forward and dealt with at this time.

 

 

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

Against the Motion was Nil (Total 0).

 


 

Human Services Division Report No. 18

SUBJECT: Donation of Painting to Council for Addition to the Lane Cove Municipal Art Collection

153

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

1.  Accept the donation of the painting “Up Kosciusko Way” for addition to the Lane Cove Municipal Art Collection; and

2.  Write to Ms Joyce Mills and thank her for the donation.

 

 

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

Against the Motion was Nil (Total 0).



SUSPENSION OF STANDING ORDERS

154

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

Against the Motion was Nil (Total 0).

 

 

PUBLIC FORUM

 

Charles Anderson - Architect for 71 Northwood Rd, Northwood – commenting on neighbour concerns regarding the proposed development namely view loss, overshadowing, and privacy screens.

 

Michael Murphy – Co-owner 71 Northwood Rd, Northwood – raised his concerns with proposed privacy screen requirements and the fencing off of boundary gardens.

 

John Curtin – 75 Northwood Rd, Northwood – speaking on behalf of the resident of 75a Northwood Rd expressing concern with proposed development for 71 Northwood Rd, Northwood, specifically height, scale, and proximity to 75a.

 

Sally Wooding – 69 Northwood Rd, Northwood – objecting to proposed development of 71 Northwood Rd, Northwood specifically in terms of effects on views and amenities such as gardens and recreational decks.

 

Marc Gold – Speaking on behalf of Lane Cove Chamber of Commerce regarding parking in Lane Cove Market Square.

 

Richard Lamb – Consultant for neighbours of 11 Kellys Esplanade - detailing the evaluation he completed with regards to the proposed development, concerns expressed include loss of views and height and scale.

 

Max Coltheart – 5 James St – advising of his attempts to consult with the developer of 11 Kellys Esplanade regarding compromises in the development.

 

Lachlan Davis – 69 Northwood Rd, Northwood – spoke regarding the concept of view sharing as applicable to the proposed development of 11 Kellys Esplanade, suggesting height of development be lowered.

 

Michael Murphy – Co-owner 71 Northwood Rd, Northwood – requesting the height limit of 11 Kellys Esplanade be reduced and requesting trees planted on this land be limited to a specified height.

 

Min Van Huong – Designer of 11 Kellys Esplanade - addressing objections of neighbours to proposed development, specifically height and view concerns.

 

John Curtin – 75 Northwood Rd, Northwood – speaking on behalf of the resident of 75a Northwood Rd expressing concern with proposed development for 11 Kellys Esplanade specifically in terms of impact on views.

 

Sally Wooding – 69 Northwood Rd, Northwood – expressing concern with proposed development at 11 Kellys Esplanade, specifically the impact on views and garden area.

 

Resumption of Standing Orders

155

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

 

 

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

Against the Motion was Nil (Total 0).

 

 

Reports Of Committees

 

Report Of Committees No. 271

SUBJECT: Report on Inspection Committee Held on 5th June 2010

156

RESOLVED on the motion of Councillors Mcilroy and Bennison that the minutes of the Inspection Committee held on 5th June 2010 be received and noted with an amendment that Councillor Longbottom was in attendance at the site inspection of 11 Kellys Esplanade however left prior to the conclusion of the meeting.

 

 

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

Against the Motion was Nil (Total 0).

 

 

Referred Reports FROM Inspection Committee 05 June 2010

 

Suspension of Standing Orders

157

RESOLVED on the motion of Councillors Forrest and Tudge that Standing orders be suspended.

 

 

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

Against the Motion was Nil (Total 0).

 

The applicant for the proposed development of 71 Northwood Rd, Northwood were asked if they were willing to enter into mediation regarding the development.


 

Resumption of Standing Orders

158

RESOLVED on the motion of Councillors Tudge and Gaffney that standing orders be resumed

 

 

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

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Report No. 171

SUBJECT: 71 Northwood Road, Northwood

159

RESOLVED on the motion of Councillors Forrest and Brooks-Horn that the matter be deferred for the purpose of mediation with a further report to be submitted to Council on the first Council meeting in July 2010.

 

 

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

Against the Motion was Nil (Total 0).

 

 

Matter Arising

160

RESOLVED on the motion of Councillors Longbottom and Tudge that a report be submitted to the next Council meeting detailing the reason for the delay in the above matter being brought to Council.

 

 

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

Against the Motion was Councillor Palmer (Total 1).

 

 

Environmental Services Division Report No. 189

SUBJECT: 11 Kellys Esplanade

161

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

A.         Pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application D235/09 for the demolition of the existing dwelling house, the erection of a dwelling house on 3 levels, a swimming pool,  and earthworks and associated retaining walls on Lot 1 DP 1045331 and known as 11 Kellys Esplanade, Northwood subject to the following:-

 

Plans

 

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

·          D1a, dated September 2009 as amended up to 11.2.10;

·          D2a, dated September 2009 as amended up to 11.2.10 and including references to pool fencing and the conversion of part of a terrace to lawn area;

·          D3a, dated September 2009 as amended up to 11.2.10;

·          D4a,dated September 2009 as amended up to 11.2.10 and including references to grated drains;

·          D5a and D6a,dated September 2009 as amended up to 11.2.10;

·          D7a, undated but as amended up to 11.2.10;

·          D8, dated March 2010, by Archiworks Architects Pty. Ltd;

·          D2SK, dated February 2010; and

·          LA-01, Revision C, dated 20.2.10, by Caldesign, as amended by drawing D2a listed above, except as amended by the following conditions.


 

Specific

 

2.                     a.         The total height of the development be reduced by 1 metre             having regard to the recommendations 3.1 and 3.2 from the             report prepared by Dr. Richard Lamb dated 2 June 2010 on             page 24.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO       THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

                        b.         The ensuite bathroom at the southeast corner be deleted.              PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE             ISSUE OF A CONSTRUCTION CERTIFICATE.

 

3.                     a.         The building being restricted to a maximum floor space ratio of             0.5:1.  Proof to be submitted with the Construction Certificate.

 

                         b.        The highest section of roof (ie. over the main foyer entrance             and adjoining rooms) is to be deleted.  PLANS ARE TO BE             AMENDED TO COMPLY PRIOR TO THE ISSUE OF A             CONSTRUCTION CERTIFICATE.

 

4.         In order to reduce its potential impact on both the streetscape and the adjoining property to the south, at 14 Kellys Esplanade, and to ensure that it satisfies the minimum requirements under Council’s relevant code, the pool (including it’s concourse) is to be:-

·          set back a minimum of 5m from the front boundary, i.e. a position similar to the top of the existing stair access from this adjoining property and where the height of the pool would not exceed 1.8m, and the setback area landscaped to screen it’s adjoining façade;

·          set back a minimum of 3m from any point on the north facing wall of the adjoining dwelling house to the south, at 14 Kellys Esplanade; and

·          set back a minimum of 900mm from the south boundary of the site.

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

5.         In order to reduce the potential to overlook the adjoining property to the south, at 14 Kellys Esplanade, the following privacy measures are required unless the owner of this property confirms in writing to the principal certifying authority prior to the issue of a construction certificate to the contrary:-


 

·          both front first floor ensuite windows of the main bedroom are to be finished in obscure glass up to a height of 1.7m above the finished floor level, or alternatively, the sill height of each window is to be raised to this same level; and

·          the balcony off the main bedroom is to be deleted.

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

6.         In order to reduce the potential to overlook the front terrace of the adjoining property to the north, at 9 Kellys Esplanade, the following privacy measures are required unless the owner of this property confirms in writing to the principal certifying authority prior to the issue of a construction certificate to the contrary:-

·          a privacy screen 1.7m in height above the finished floor level of each step of the exterior boundary stairs is to be attached along all of it’s north side; and

·          either the existing fin wall is to be fully extended, or a privacy screen 1.7m in height above the finished floor level of the front first floor level balcony off bedroom 4, is to be attached along the open portion on its north side.

 

            PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

7.         All relevant plans submitted with a Construction Certificate are to include the following reduced levels:-

·          the finished floor level;

·          the uppermost ceiling height; and

·          the maximum ridge height of each portion of the roof.

 

8.         In order to prevent any new work encroaching on a neighbouring property, and/or the adjoining right-of-way access, all new work is to be located wholly within the subject site.  If any doubt is raised, Council may request the submission of a survey report.

 

9.         Engineering details of all retaining walls are to be submitted as part of a Construction Certificate.

 

General

 

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


 

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

 

12.       (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.

 

13.       (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.

 

14.       (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.

 

15.       (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house, swimming pool and retaining walls.

 

16.       (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.


 

17.       (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.

 

18.       (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.

 

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

 

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

 

20.       (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.

 

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

 

 

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

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

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

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

b) that is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pools Act, 1992, and the Australian Standard AS1926.1 – 2007 Swimming Pool Safety, Part 1: Safety barriers for swimming pools.


 

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

 

23.       (53) The filter and pump being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

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

 

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

 

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

 

26.       (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.

 

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

 

28.       (62) All glazing is to comply with the requirements of AS 1288.

 

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

 

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

 

a          Dampcourse level;

b          The establishment of the first floor level;

c          The roof framing;

            d.         All ridge levels; and

            e.         The completion of works.


 

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

 

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

 

32.       (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), 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.

 

33.       (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

            (ii)        in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(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.

 

34.       (70) Protection of the dwelling house and swimming pool against subterranean termites must be carried out in accordance with AS.3660.

 

35.       (72) The demolition works being confined within the boundaries of the site.

 

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

 

37.       (74) All demolition works being completed within a period of three (3) months from the date of commencement.

 

38.       (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.

 

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

 

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


 

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

 

42.       (130)  Compliance with the Waste Management Plan (as revised) submitted under this application.

 

43.       (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.

 

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

 

45.       (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.

 

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

 

47.       (143) Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services.

 

 

 

 

Landscape

 

48.       (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.


 

49.       Irrespective of this consent, permission from Council must be obtained for the pruning of any trees located in the adjacent easement on the east side of the allotment including the cutting of any tree roots greater than 40 mm in diameter.

 

50.       (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, reserve or easement.

 

51.       (305)  All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

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

 

53.       (308)  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.

 

54.       (322)  No access to the property is allowed via the adjoining easement, public open space or public bushland area.

 

55.       (354)  Footing, trench or excavation that is within 4m of any tree greater than  4m in height, including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged.

 

56.       The proposed Plant Schedule on the approved landscape plan may be modified to suit site conditions.

 

57.       All proposed hedging plants and trees incorporated into the landscape shall not exceed 8m at maturity. The foliage of these hedge plants and trees shall be maintained at a height of 8m or less by ongoing and continuous pruning annually or more frequently as required.

 

58.       (382)  The Applicant must ensure that there are sufficient number of groundcovers and low shrubs, planted at appropriate distances and depths to eliminate bare mulched gardens areas as part of the landscape works.

 

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

 

 

General Engineering Conditions

60.       (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.

 

61.       (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. 

 

62.       (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.

 

63.       (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.

 

64.       (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.

 

65.       (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.

 

66.       (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’.


 

67.       (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.

 

68.       (A9) Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

69.       (R1) Rainwater Reuse Tanks: The proposed rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian Standards.

 

Note:

·         Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

·         Mosquito protection & first flush device shall be fitted to the reuse tank.

·         The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

 

70.       (V8) Car parking. All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

71.       (F1) Overland Flow around Buildings To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

 

72.       (W2) Pool construction stormwater: The stormwater runoff from the new impervious areas surrounding the pool shall be connected to the proposed drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater Management.

 

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

·        All roof areas are to drain to the reuse system with overflow to the street;

·        All other areas to drain to the street; and

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

The design and construction of the drainage system is to fully comply with, AS-3500 and Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

 

Engineering conditions to be complied with prior to Construction Certificate

 

74.       (D1) Drainage Plans new: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be submitted to the principal 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.

 

75.       (W1) Pool construction The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.

 

Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate.

 

76.       (T1) Design of retaining structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with all relevant design codes and Australian  Standards. The design and certification shall be submitted to the principal certifying authority prior to the issue of the Construction Certificate

 

77.       (V1) Proposed Vehicular Crossing. The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate

 

78.       (D1) Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5m of the proposed excavation.


 

The applicant shall:-

 

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

(b)   detail what measures are to be taken to protect those properties from undermining  during construction; and

(c)   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 the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

(d)   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 Principal 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.

 

79.       (B1) 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.


 

 

Engineering condition to be complied with prior to commencement of construction

 

80.       (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 sediment control plan. The devices shall be maintained during the construction period and replaced when necessary.

 

 

Engineering condition to be complied with prior to Occupation Certificate

81.       (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 any Occupation Certificate.

 

·         Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. 

 

B.         Dr Richard Lambs report and his curriculum vitae be tabled.          

 

 

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

Against the Motion was Nil (Total 0).

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 17 MAY 2010

162

RESOLVED on the motion of Councillors Smith and Tudge that  the minutes of the Ordinary Council meeting held on the 17 May 2010 be received.

 

 

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

Against the Motion was Nil (Total 0).

 

163

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 17 May 2010 be confirmed.

 

 

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

Against the Motion was Nil (Total 0).

 

 

Orders Of The Day

 

Order Of The Day No. 11

SUBJECT: Citizenship Ceremony - 30 June 2010

164

RESOLVED on the motion of Councillors Gaffney and Forrest that Councillor Forrest attend the Citizenship Ceremony of 30th June 2010 and speak to the new citizens about local government.

 

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith 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. 22

SUBJECT: Brooks Street, Linley Point - Acquisition and/or Lease of Road Reserve

165

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

1.    Receive and note the report.

2.    Staff’ commence initial investigations of what drainage and services exist in Brooks Street, and undertake the relevant title searches of the unmade road sections of Brooks Street to determine their status in accordance with the NSW Department of Lands Road Closing Checklist, SMO-2.

3.      Be provided with written advice as to the appropriate steps taken if the lands were to be sold or auctioned.

4.      Ascertain relevant zoning for the land.

5.      Contact the LGA and other councils and obtain copies of relevant policies, codes and guidelines for dealing with such land.

6.     Staff report back to Council on the status of the title of the unmade road sections of Brooks Street, and whether the subsequent road closures should be pursued.

7.     Receive a report on the ecological value afforded by the undeveloped land as habitat for flora and fauna by appropriate staff be provided.

 

 

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

Against the Motion was Nil (Total 0).

 

 

Open Space and Urban Services Division Report No. 23

SUBJECT: Proposed 40km/hr Speed Limit - Lane Cove Town Centre

166

RESOLVED on the motion of Councillors Tudge and Forrest 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 approve the following traffic safety improvements in the Lane Cove Town Centre:- 

a)  A half raised threshold – Longueville Road (north of Birdwood Ave for southbound traffic only), subject to pedestrians been discouraged to cross at the above location by physical means (kerb / planter boxes);

b)  The existing at-grade pedestrian crossings on Longueville Road (at either ends of the mall) be raised in accordance with RTA’s Technical Directions; and

c)  Birdwood Ave / Rosenthal Ave- linemarking requires to be undertaken aiming to reduce traffic speeds.

3.   Council liaise with the RTA, in order to finalise the implementation of the proposed 40 km/hour High Pedestrian Activity Scheme in the Town Centre.

4.         Council liaise further with the RTA regarding the improvement of pedestrian safety at the intersection of Longueville Road and Birdwood Ave.

 

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 24

SUBJECT: Lane Cove Town Centre - Parking

167

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

1.     Forty-one (41), 1P parking spaces be altered to 3P time restrictions in the Rosenthal Avenue Car Park.

2.     The twelve (12), 2P parking spaces in Sera Street, adjacent to the Market Square Car Park be changed to 3P time restrictions.

3.     Council staff notify the Lane Cove Chamber of Commerce, CPOWA, Lane Cove Alive, local residents associations, RASAD, and other businesses in the Lane Cove Town Centre of the parking changes.

4.     Council staff prepare and distribute an updated Lane Cove Town Centre - Parking brochure to assist in promoting awareness of the changes for the community.

5.     A further report be tabled for Council’s consideration on the Lane Cove Town Centre - Parking in late 2010.

 

 

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

Against the Motion was Nil (Total 0).

 

Councillor Tudge declared a pecuniary interest in the following item as he is a holder of a seniors card.  He exited the chamber at 8:00pm and took no part in the discussion or voting for this item.

 

Matter Arising

168

RESOLVED on the motion of Councillors Smith and Longbottom that Council staff provide a report to the next Council meeting on the possibility of providing more Seniors Parking in the Lane Cove Market Square Car Park, on P2 to the left & just prior to the boom gate, as offering to lease these prime parking spaces to the local business owners is not fair to residents of Lane Cove.

 

 

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

Against the Motion was nil (Total 0).

 

Councillor Tudge returned to the chamber at 8:03pm.

 

ADJOURNMENT

 

The Mayor adjourned the Council Meeting at 8:03pm to allow the commencement of the Services and Resources Committee and the Planning and Building Committee. 

 

The Mayor opened the Committee Meetings and adjourned them for 10 minutes.

 

RESUMPTION

 

The Council Meeting resumed at 8.04pm.

 

 

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 17

SUBJECT: Joint Regional Planning Panels

169

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

1.    Council write to the Minister confirming that the current powers of delegation provided to the General Manager are sufficient to allow the determination of those applications referred to in the Minister’s letter of 18 May 2010; and

2.    All delegated Regionally Significant Planning determinations be reported in the monthly report to Council.

 

 

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

Against the Motion was Councillor Tudge (Total 1).

 

 

Human Services Division Reports

 

Human Services Division Report No. 23

SUBJECT: Library Fitout Progress Report No 10

170

RESOLVED on the motion of Councillors Longbottom and Palmer that Council receive and note the Report.

 

 

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

Against the Motion was Nil (Total 0).

 

Human Services Division Report No. 24

SUBJECT: Introduction of the Companion Card to Lane Cove Council

171

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

1.    Council receive and note the Report;

2.    Council become an affiliate member of the Companion Card Program and develop a policy of active embracement of the scheme that applies to Council’s facilities;

3.    Council undertake an educative role to facilitate the introduction of the Companion Card Program to funded Council Services, Council Facilities, and groups using Council venues;

4.    The Access Committee and Lane Cove ALIVE be enlisted to promote the Companion Card in Lane Cove;

5.    Council amend the Terms and Conditions of hire for meeting rooms and ovals to incorporate a requirement to accept the Companion Card; and

6.    Council request funded organisations to accept the Companion Card during 2010/11 and make it a condition of the financial assistance grant in future years.

 

 

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

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 8:13pm.

 

Confirmed at the Ordinary Council Meeting of 21st June 2010, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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