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Minutes

Ordinary Council Meeting

21 June 2010, 7:01pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 21 June 2010

 

Minutes

 

 

 

PRESENT: Councillor W. Gaffney (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S. Forrest, Councillor I. Longbottom, Councillor K. MciIroy, 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, Director – Major Projects, and Office Manager – Corporate Services.

 

DECLARATIONS OF INTEREST: Nil

 

OPENING OF MEETING WITH PRAYER

 

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

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

Suspension of Standing Orders

172

RESOLVED on the motion of Councillors Palmer and Gaffney that Standing Order be suspended to allow members of the public to address 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).

 

 

PUBLIC FORUM

 

Michael McCormick – Architect for 109A Northwood Rd, Northwood – addressing some of the concerns raised during Inspection Committee Meeting on 19th June 2010.

 

Marc Gold – 88 Helen St, Lane Cove North – proposing first home buyer assistance program for the Lane Cove Municipality.

 

Alice Beauchamp – Little St, Lane Cove – expressing her concern that  a financial assistance program funded by Council would come at ratepayers expense.

 

Russ Webber – Ronald Ave, Greenwich – speaking in favour of increased funding for the Lane Cove Bicycle Plan.

 

David Lloyd – 15 Hinkler St, Greenwich – expressing support for the Lane Cove Bicycle Plan and request funding for the project be increased.

 

Ros Noone- Campbell Ave, Lane Cove – opposing the development application for 109A Northwood Rd, supporting Councils management of the Lane Cove Market Square Car Park , and commenting on Councils Sustainability Levy projects urging a greater focus on ecological sustainability.

 

James McDonnell – 67 Tambourine Bay Rd, Riverview – requesting an increase in funds for the Lane Cove Bicycle Plan in the 2010-11 Budget.

 

Maria Williams – 67 Tambourine Bay Rd, Riverview – requesting an increase in funds for the development of cycling infrastructure as outlined in the Lane Cove Bicycle Plan.

 

Clr Smith exited the Council Chambers at 7:28pm

 

Rosanne Haugh – Finlayson St, Lane Cove – expressing concern that Council subsidises local tennis clubs which are not necessarily open to all members of the community and urging that the money could be used to increase expenditure on bicycle facilities in the area or some other feature that will benefit all community members.

 

Ian Meller – 2 Albert St, Greenwich – encouraging an increase in funding for projects associated with the Lane Cove Bicycle Plan in the 2010-11 budget.

 

Clr Smith returned to the Council Chambers at 7:30pm

 

Liz Gill – Albert St, Greenwich – addressing the sustainability action plan specifically her concern that sustainable transport is not being adequately addressed in Councils 2010-11 Management Plan.

 

David Morling – William Edward St, Longueville – supporting the need for improved cycling infrastructure in Lane Cove and the greater Sydney area and urging Council to increase funding towards this in the 2010-11, and subsequent bugets.

 

Jeanette Lloyd – 15 Hinkler St, Greenwich – supporting an increase in funding towards cycling infrastructure in line with the Lane Cove Bicycle Plan.

 

 

Resumption of Standing Orders

173

RESOLVED on the motion of Councillors Gaffney and Palmer 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).

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 7 JUNE 2010

174

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

 

175

 

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

 


 

Report Of Committees No. 20

SUBJECT: Report of Inspection Committee Meeting Held 19th June 2010

176

RESOLVED on the motion of Councillors Gaffney and Bennison that the report be received and noted with it being noted that Councillor Brooks-Horn was in attendance at both properties.

 

 

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 19 June 2010

 

Environmental Services Division Report No. 197

SUBJECT: 30 Myee Crescent, Lane Cove West

177

RESOLVED on the motion of Councillors Gaffney and Bennison that pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D302/09 for demolition of existing dwelling house and construction of a two storey dwelling house at 30 Myee Crescent, Lane Cove West subject to the following conditions;-

 

1.         (20) That the development be strictly in accordance with drawing number 1 to 11, D1 & M1 issue 4  dated 24.02.10 by Krslovic Homes except as amended by the following conditions.

 

2.         The middle southern extended portion of the ground floor rear deck is deleted. Amended plans shall be submitted prior to the issue of construction certificate showing the balcony not exceeding 3m in width.

 

3.         The entire eastern section of the balcony and vergola outside the kitchen being deleted level with the support columns shown in drawing No 4. 

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

 

 

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

 

15.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

d)         Framework including roof and floor members when completed and prior to covering.

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

i)          Stormwater drainage lines prior to backfilling

j)          Completion.

 

 

16.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

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

 

18.       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; and

d          The completion of works.

 

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

 

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

 

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

 

20.       (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.

 

21.       (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.

 

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

 

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

 

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

 

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

 

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

 

27.       (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.

 

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

 

Tree Conditions

 

29.       (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.

 

30.       Remove the three (3) fruit trees from the rear of the allotment. Any other tree removal shall be undertaken in accordance with Council’s Tree Preservation Order.

 

31.       (302)  Irrespective of this consent, permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter that are not designated for removal on the approved Plans.

 

32.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.  Any rubbish that is blown into these areas must be immediately cleaned up.

 

33.       (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.

 

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

 

35.       (307a)  Any environmental weeds and weeds listed under the Noxious Weeds Act must be continually eradicated from the bushland buffer zone at the rear of the allotment ensuring there is no re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

 

36.       (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.

 

37.       (315)  The existing Gordonia street tree must be retained. The proposed driveway crossing must be at least 2.5m clear of the centre of the trunk of the street tree.

 

38.       (317)  A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 3m from the trunk of the Gordonia street tree. 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.

 

39.       A waterproof sign must be placed on the 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.

 

40.       All tree protection measures and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR THE COMMENCEMENT OF WORKS, WHICHEVER OCCURS FIRST. 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.

 

41.       (321)  There shall be no access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

42.       (332)  During construction/landscaping the designated environmental area within the property and adjacent public bushland area must be kept clean of all building materials and rubbish.  Any rubbish that is blown into these areas must be immediately cleaned up.

 

 

43.       (333)  In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Bushland Manager must be notified immediately.  Any clean up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Bushland Manager. 

 

44.       The location of the stormwater outlet from the stormwater detention facility must be positioned outside the bushland buffer zone and as close as practicable to the rock outcrop.

 

45.       (370)  There must not be any filling or stockpiling of soil or building materials or dumping of building rubbish in the designated buffer area within the property.

 

46.       The landscape plans submitted with the proposal are to the satisfaction of Council and must be adopted as part of this consent. Any additional landscaping at the rear of the allotment must be sympathetic to the bushland area and planted trees and understorey plant material must be indigenous to the Lane Cove area.

 

47.       (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.

 

48.       The NSW Rural Fire Service has specified that the entire property shall be managed as an inner protection area (IPA).     Therefore any landscaping works must comply with section 4.1.3 and Appendix 5 of “Planning for bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.  

 

Rural Fire Service Conditions

 

49.       Asset Protection Zone

 

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. 

           

            At the commencement of the building works and in perpetuity the entire property shall be managed as an ‘Inner Protection Area’ (IPA) as outlined within section 4.1.3 and appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

 

50.       Water and Utilities

 

            The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bushfire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

 

            Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

 

51.       Access

 

            The intent of the measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area.       

 

 

            To aid in fire fighting activities, unobstructed pedestrian access to the rear of the property shall be provided and is to be maintained at all times.

 

52.       Design and Construction.

 

            The intent of the measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack.  

 

a)      New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire prone areas’ Level 3.

b)      There is to be no exposed timber on the eastern, southern and western elevation(s) of the proposed building.

c)      External glazed elements and assemblies and external doors on the eastern, southern and western elevations shall:

·         Window frames and hardware shall be metal;

·         Glazing shall be toughened glass, minimum 5mm;

·         Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5;

General Engineering Conditions

 

53.       (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.

 

54.       (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. 

 

55.       (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.

 

56.       (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.

 

57.       (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.

 

58.       (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.

 

59.       (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’.

 

60.       (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.

 

61.       (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.

 

62.       (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.

 

63.       (R1) Rainwater Reuse Tanks:  The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

            Note:

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

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

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

 

64.       (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 dispersal trench system.

            All other areas to drain to the dispersal  system.

            Environmental pollution control pit is to be installed just prior to the connection to the dispersal 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

 

65.       (D2) Drainage plans amendments: The stormwater drainage plan 021209 prepared by Aztec Engineers dated December 2009 is to be amended to reflect the above condition titled ‘Stormwater requirement’. The amended design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.

            The Principle Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

66.       (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.

 

 

 

67.       (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage or carport shall be determined by council.

 

68.       (V8) Car parking. All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series. The plans shall contain the following details:

·         Longitudinal section along the extreme wheel paths of the driveway/access ramp at a scale of 1:20 demonstrating compliance with the scaping provisions of AS2890.1. It shall include all levels and grades, including those levels stipulated at boundary levels, both existing and proposed. It shall extend from the centre line of the roadway through to the parking area.

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

The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

69.       (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

 

70.       (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 ‘construction management plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be complied with prior to Occupation Certificate

 

71.       (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 confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management, prior to issue of any Occupation Certificate.

            . 

 

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. 221

SUBJECT: 109A Northwood Road, Northwood

178

RESOLVED on the motion of Councillors Smith and Bennison that pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D30/10 for the construction of a swimming pool at 109A Northwood Road, Northwood subject to the following conditions:-

 

1.         (20) That the development be strictly in accordance with drawing number (job no. 0912) DA00, DA01 to DA04 Revision C dated 22.3.10 by MacCormick Simonian Architects except as amended by the following conditions.

 

2.         The western wall of the proposed pool is to be clad with rough sawn sandstone and have screen planting.

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

8.         (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.

 

9.         (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.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

16.       (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".

 

17.       (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".

 

18.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         Pool reinforcement prior to placement of concrete.

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

c)         Stormwater drainage lines prior to backfilling

d)         Completion.

 

19.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         pool structure.

 

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

 

a          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.

 

21.       (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.

 

22.       (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.

 

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

 

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

 

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

 

26.       (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.

 

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

 

28.       (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.

 

29.       (302)  Irrespective of this consent, permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter that are not designated for removal on the approved Plans.

 

 

30.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

31.       (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.

 

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

 

33.       (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.

 

34.       (317) A 1.8 m high chain mesh fence shall be erected across the allotment and located 2m west of the proposed pool arena.  The tree protection area shall not be used for the storage of building materials, machinery, site sheds, and soil levels within the tree protection area shall remain undisturbed.

 

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

 

36.       A waterproof sign must be placed on the tree protection zone 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.

 

37.       All tree protection measures and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR THE COMMENCEMENT OF WORKS, WHICHEVER OCCURS FIRST. 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.

 

38.       (354)  Footing, trench or excavation that is within 3m 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.

 

General Engineering Conditions

 

39.       (A1) Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

40.       (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 

 

41.       (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

42.       (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

 

43.       (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

44.       (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

45.       (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

46.       (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.

 

47.       (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.

 

Engineering conditions to be complied with prior to Construction Certificate

 

48.       (W1) Pool construction The pool design shall ensure that either during construction or upon completion, surface water is not 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

 

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

            The applicant shall:-

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

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

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

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

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

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

           

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

            Sydney Water Approval: The approved plans must be submitted to Sydney Water to determine whether the development will affect Sydney’s Waters sewer main which affects this property. If the development complies with Sydney Water’s requirements, the approved plans will be appropriately stamped and submitted to the principal certifying authority prior to the issue of the Construction Certificate.

 

50.       (T1) Design of retaining structures: All retaining structures grater 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

 

51.       (T2) Design of pool structure: The proposed concrete pool is 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

 

52.       (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.

 

53.       (C1) 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 needs to include sediment fencing erected along the top of the overhang to prevent incidental spillage or any erosion sediment impacting on the rock shelter below. This plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

54.       (C2) Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

55.       (D7) Temporary Fencing: Temporary fencing needs to be erected around the opening of the rock shelter site in line with the existing retaining wall and path, such that no adverse impacts occur to the site prior to the start of any works on the site.

 

Engineering Condition to be complied with prior to Occupation Certificate

 

56.       (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 confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management, prior to issue of any Occupation Certificate.  

 

 

For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Palmer and Smith (Total 6).

Against the Motion were Councillors Forrest, Mcilroy and Tudge (Total 3).

 

 

Matter Arising

179

RESOLVED on the motion of Councillors Palmer and Tudge that as part of its 12 month review of the LEP and DCP, Council ensure its policy and procedures with respect to development within the Foreshore Building Line area is properly supported by both these environmental planning instruments.

 

 

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).

 

 

ADJOURNMENT

 

The Mayor adjourned the Council Meeting at 8:25pm to allow the commencement of the Services and Resources Committee meeting. 

 

The Mayor opened the Services and Resources Committee Meeting and adjourned it until 9:00pm.

 

RESUMPTION

 

The Council Meeting resumed at 8.25pm.

 

 

Orders Of The Day

 

Order Of The Day No. 8

SUBJECT: Council and Committee Meeting Schedule - July 2010

180

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the Council and Committee Meeting Schedule for July 2010 be adopted.

 

 

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).

 


 

Order Of The Day No. 12

SUBJECT: 2010 Gunnedah Womens Forum

181

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

1.      Council send Councillors Gaffney and Palmer as delegates to Gunnedah Shire Council’s Womens Forum to be held in Gunnedah on 27-28 July 2010, and

2.      A report come back to Council regarding the Forum.

 

 

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

182

RESOLVED on the motion of Councillors Longbottom and Tudge that up to $3,000 from each Ward Budget be allocated for the provision of a toolshed at the Chatswood South Uniting Church PermaPatch.

 

 

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

Abstaining was Councillor Palmer (Total 1).

 

 

General Managers Reports

 

General Managers Report No. 9

SUBJECT: Lane Cove Market Square Parking

 

MOTION

 

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

 

1.      Receive and note the report on Lane Cove Market Square Parking;

2.      Relocate the 4 Woolworths staff parking spaces currently on P1 to the pan handle on P2 and the remaining 9 spaces become seniors parking where parking permits will be required to be displayed.

3.      Note that:-

a.      The Council owned car park known as “Lane Cove Market Square Car Park” is a Council owned asset for and on behalf of the residents of Lane Cove, including seniors, people with access issues, including disabilities, walking frames, prams, shopping trolleys and the like;

b.      The majority of the shopping centre car parks on the North Shore provide for free parking for the first 3 hours; and

c.      The introduction of paid car parking for more than two hours at the Albert Street car park in the Willoughby Council area was an unmitigated disaster which was reversed within a month after the community expressed their extreme anger.

4.      Recognise the car park is a community owned asset and hence resolves;-

a.      to charge for parking for periods longer than three hours in the car park known as the “Lane Cove Market Square Car park”;

b.      undertake extensive community notification by letter to residents,  on notice boards, Council’s newsletter and the like and advertising in newspapers circulated in the local government area to advise residents’ of the proposed arrangements;

c.      arrange to hold and facilitate public meetings in each ward at different times, dates and places to explain the proposal, answer residents’ questions and note community concerns; and

d.      that the General Manager report back to Council following the public meetings.

 

 

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Palmer and Mcilroy that Council receive and note General Managers Report No. 9.

 

183

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

 

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

Against the Motion were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 5).

 

 

The foreshadowed motion became the motion.

 

Upon being put to the Meeting, the motion was declared carried.

 

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

Against the Motion Councillors Bennison, Brooks-Horn, Longbottom and Smith (Total 4)

 

 

ADJOURNMENT

 

The Mayor adjourned the Council Meeting at 8:52pm to extend the adjournment of the Services and Resources Committee meeting until 9:30pm.

 

RESUMPTION

 

The Council Meeting resumed at 8:52pm.

 

 

Procedural Motion

184

RESOLVED on the motion of Councillors Tudge and Palmer that voting on the following matter be dealt with ad seriatum.

 

 

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).

 


 

Corporate Services Division Reports

 

 

Corporate Services Division Report No. 37

SUBJECT: Results of Consultation on the 2010 - 2013 Management Plan and Budget

185

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

1.   The Management Plan (including the Fees and Charges but excluding the fees and charges relating to the Lane Cove Market Square Car Park), as amended by the report, for the period July 2010 to June 2013 be adopted;

 

 

For part 1. of the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

186

MOTION

A Motion was moved by Councillors Bennison and Longbottom that;-

2.   The fees and charges related to Lane Cove Market Square Car Park be changed             to:-

·         Up to 3 hours – Free

·         3 - 4 hours – $4.50

·         4 - 5 hours – $6.00

·         5 -6 hours - $15.00

·         Over 6 hours in multiple visits- $40.00

             

 

Upon being put to the Meeting, part 2. of the motion was declared lost.

 

For part 2. of the Motion were Councillors Bennison, Brooks-Horn, Longbottom and Smith (Total 4).

Against the Motion were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 5).

 

187

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

3.   The Budget, as amended by the report, for the period July 2010 to June 2013 be adopted;

 

 

For part 3. of the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

188

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

4.   Council fix the Ordinary Rates and Charges for 2010 / 2011 as follows:-

            (a) Ordinary Rates

i.     an Ordinary Residential Rate, of 0.180152 cents in the dollar be made for the year 2010 / 2011 on the Land Value of all rateable land in the Local Government Area categorised as Residential in accordance with S.516 of the Local Government Act 1993, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $455).

ii.     an Ordinary Business Rate of 0.733430 cents in the dollar be made for 2010 / 2011, on the Land Value of all rateable land in the Local Government Area categorised as Business, in accordance with S.518 and S.529 of the Local Government Act 1993, with a Minimum Rate of $ $677.

iii.    Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to that part of the Local Government Area as defined by the metes and bounds description as advertised in the North Shore Times on 13 June 1979, that a Parking Special Rate, of 0.185057 cents in the dollar be made for 2010 / 2011 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00.

 

(b) Domestic Waste Management Charges

i.     in accordance with S.496 of the Local Government Act 1993, that an annual charge of $354.00 per annum be made for the year 2010 / 2011, for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

ii.     in accordance with S.496 of the Local Government Act 1993, that an annual charge of $104.00 per annum be made for the year 2010 / 2011, for Domestic Waste Management Services for all properties categorised residential vacant land;

iii.    in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $5.17 per service  ($269 per annum) be made for the year 2010 / 2011, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

iv.    in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.80 per service ($354 per annum) be made for the year 2010 / 2011, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

v.    in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.80 per service ($354 per annum) be made for the year 2010 / 2011, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties;

vi.    in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.80 per service ($354 per annum) be made for the year 2010 / 2011, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

vii.  in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.00 per fortnightly service ($104.00 per annum) be made for the year 2010 / 2011 for each extra recycling service to single residential dwellings.

 

            (c) Interest on Overdue Rates and Charges

i.     In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2010 to 30 June 2011 to all outstanding rates and charges be calculated at the maximum interest rate as specified by the Minister for Local Government, being 9%.

 

(d) Stormwater Management Service Charge

i.     In accordance with the Local Government (General) Amendment (Stormwater) Regulation 2006 under the L.G Act 1993 annual charges for the year 2010 / 2011 for Stormwater Management Services be made and levied as follows:

- All parcels of vacant land                                  - Nil $ charge

- All Residential Strata Units                                - $12.50 per unit

- All Residential Non Strata Properties                - $25.00 per property

- All Business Strata Units and Properties          - $25.00 per unit or property

 

 

For part 4. of the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

189

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

5.      The people who made submissions be provided with a copy of this report and be advised of Council’s decision.

 

 

For part 5. of 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

 

MOTION

A motion was moved by Councillors Tudge and Palmer that the fees and charges relating to the Lane Cove Market Square Car Park be adopted as exhibited.

 

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Brooks-Horn and Smith that the fees and charges related to Lane Cove Market Square Car Park be changed to:-

·         Up to 2 hours – Free

·         2 - 3 hours – $2.00

·         3 - 4 hours – $4.50

·         4 - 5 hours – $15.00

·         5 - 6 hours - $20.00

·         Over 6 hours in multiple visits - $40.00

 

190

Upon being put to the Meeting, the motion was declared carried.

 

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

Against the Motion were Councillors Bennison, Brooks-Horn, Longbottom and Smith

(Total 4).

 

The Foreshadowed motion lapsed.

 

ADJOURNMENT

 

The Mayor adjourned the Council Meeting at 9:32pm to extend the adjournment of the Services and Resources Committee meeting until 9:50pm.

 

RESUMPTION

 

The Council Meeting resumed at 9:32pm.


 

Matter Arising

191

RESOLVED on the motion of Councillors Mcilroy and Tudge that  the General Manager reports back to Council on the following matters in August:-

  1. The total capital expenditure budget for bicycle facilities for the next three years be increased by $3M to provide additional funding to enable the bike plan to be completed in full by 2015;
  2. Options to pursue additional funding from the state and federal governments, but that these amounts are to be in addition to the $3M allocated; and
  3. The proposed allocation of the $3M increase between the three years.

 

 

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

Against the Motion were Councillors Bennison, Gaffney and Smith (Total 3).

 

 

Procedural Motion

192

RESOLVED on the motion of Councillors Longbottom and Tudge that the Services and Resources Committee agenda items be considered in Open Council at the conclusion of the Ordinary Council 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).

 

 

Matter Arising

193

RESOLVED on the motion of Councillors Palmer and Tudge that a report come back to Council regarding the possible implementation of an Infrastructure Levy for Lane Cove, such a report to include:-

1.      A comparative study of other Councils;

2.      Possible ratepayers' costs and benefits; and

3.      An outline of the community consultation and legislative process involved.

 

 

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).

 

 

Corporate Services Division Report No. 38

SUBJECT: Advertising Signage Lane Cove Market Square Car Park

194

RESOLVED on the motion of Councillors Longbottom and Tudge that Council proceed with the installation of advertising displays within the Lane Cove Market Square Car Park, and the space be let on a commercial basis utilising the Lane Cove Chamber of Commerce to co-ordinate the advertisers.

 

 

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 Reports

 

Environmental Services Division Report No. 19

SUBJECT: 71 Northwood Road, Northwood

195

RESOLVED on the motion of Councillors Smith and Brooks-Horn 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 Reports

 

Human Services Division Report No. 27

SUBJECT: Library Fit Out Progress Report No. 11

196

RESOLVED on the motion of Councillors Mcilroy and Forrest 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).

 

 

Matter Arising

197

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

  1. The General Manager provide to Council a current valuation of the new library premises and fit out to determine the current value of the community asset; and

2.      A report come back to Council on the community satisfaction surveys undertaken for the new Library.

 

 

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 Services and Resources - 7 JUNE 2010

198

RESOLVED on the motion of Councillors Smith and Bennison that the minutes of the Services and Resources held on the 7 June 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).

 

199

 

RESOLVED on the motion of Councillors Smith and Bennison that the minutes of the Services and Resources held on the 7 June 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).

 

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 36

SUBJECT: Statement of Investments as at 31 May 2010

200

RESOLVED on the motion of Councillors Longbottom and Tudge that the report “Statement of Investments as at 31 May 2010” be received and noted.

 

 

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).

 

 

Corporate Services Division Report No. 39

SUBJECT: Legal Expenses for May 2010

201

RESOLVED on the motion of Councillors Longbottom and Smith that the Legal Expenses for May 2010 be received and noted and a report be submitted to Council on the cost of litigation on 19 Glenview St Greenwich.

 

 

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 10:26pm.

 

Confirmed at the Ordinary Council Meeting of 19th July 2010, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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