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Minutes

Ordinary Council Meeting

19 July 2010, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 19 July 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,  Acting Executive Manager – Corporate Services, Executive Manager – Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Manager – Development Assessment, and Office Manager – Corporate Services.

 

 

DECLARATIONS OF INTEREST: Nil

 

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Simon Ambler of the Christian City Church.

 

 ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

 

SUSPENSION OF STANDING ORDERS

202

RESOLVED on the motion of Councillors Palmer and Gaffney 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

 

Kerry McGrath – Architect for 177 Greenwich Rd, Greenwich – speaking in support of the development application.

 

Deborah Hill – Chamber of Commerce – addressing the comments made at the Ordinary Council meeting of 21st June 2010 regarding a proposal for Council to provide a housing grant by a representative of the Chamber.  She clarified that the expressed views were not supported by the Chamber of Commerce and were in fact his personal views.

 

Bruce Wolff – Solicitor representing applicants of 3 Amalfi Pl Longueville – speaking in support of the development application.

 

Corrine Fagueret – 2/4 Austin Cres Lane Cove – speaking in support of the Notice of Motion No. 5 regarding not using eggs sourced from caged chickens.

 

Doug Stuart – 21a William Edwards St – opposing the rezoning of 150 Epping Rd citing it’s unsuitability for residential accommodation.

 

Jacqueline Dalgiel - 12 Innes Rd Greenwich – Supporting Notice of Motion No. 5 regarding not using eggs sourced from caged chickens.

 

Terry Hughes – Group General Manager of SC Johnson – speaking in opposition of the rezoning of 150 Epping Rd, Lane Cove.

 

Brett Brown - Ingham Planning, representing SC Johnson - speaking in opposition of the rezoning of 150 Epping Rd, Lane Cove.

 

Stephen Bowers – 4 Greendale St, Greenwich – congratulating the Council on the new library development and commenting on Notice of Motion No. 5 regarding not using eggs sourced from caged chickens, suggesting community consultation be undertaken and the matter be referred to the State Government.

 

Lynda Stoner – Speaking in support Notice of Motion No. 5 regarding not using eggs sourced from caged chickens.

 

Kerry Nash – Consultant Town Planner – speaking on behalf of the resident of 179 Greenwich Rd, Greenwich supporting the recommendations of the report with some suggested amendments.

 

Barbara Khalifa – 3 Sutherland St, Lane Cove - Speaking in support Notice of Motion No. 5 regarding not using eggs sourced from caged chickens and commenting on Councils recommendation to charge a registration fee for bicycle riders, opposing any significant fees.

 

Omar Khalifa – 3 Sutherland St, Lane Cove – opposing Councils recommendation to charge a registration fee for bicycle riders as a means of raising funding for bicycle infrastructure.

 

Mandy Stubbs – speaking on behalf of PermaCulture North in support of Notice of Motion No. 5 regarding not using eggs sourced from caged chickens.

 

Leigh Robinson – owner of 177 Greenwich Rd, Greenwich – suggesting Councillors inspect the property before making a decision on the proposed development.

 

Russell Webber – 61a Ronald Ave, Greenwich – commenting on current access to 150 Epping Rd, Lane Cove, suggesting changes will be required if the location is to be rezoned and used for high density residential accommodation.  He also commented on costs associated with charging a registration fee for bicycle riders.

 

Jason Perica – Consultant Planner for 150 Epping Rd, Lane Cove – Speaking in support of rezoning and developing the site.

 

Bob Rose – representing Rose Group - Speaking in support of the rezoning and residential development of 150 Epping Rd, Lane Cove.

 

Gillian Levett – 175 Greenwich Rd, Greenwich – opposing the positioning of the washing line proposed in the development application of 177 Greenwich Rd, Greenwich and supporting Notice Motion No. 5 regarding not using eggs sourced from caged chickens.

 

ADJOUNMENT

 

The Mayor adjourned the Council Meeting at 8:01pm to allow the commencement of the Services and Resources Committee meeting and the Planning and Building Committee meeting.

 

The Mayor opened the Committee Meetings and adjourned them until the conclusion of the Ordinary Council Meeting. 

 

RESUMPTION

 

The Council Meeting resumed at 8:02pm.

Resumption of Standing Orders

203

RESOLVED on the motion of Councillors Palmer and Bennison 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).

 

 

SUSPENSION OF STANDING ORDERS

204

RESOLVED on the motion of Councillors Gaffney and Palmer that Standing Orders be suspended and the following items be brought forward and dealt with at this time:-

·         Environmental Services Division Report No. 310 – 177 Greenwich Rd, Greenwich;

·         Environmental Services Division Report No. 253 – 3 Amalfi Pl, Longueville;

·         Environmental Services Division Report No. 22 – LEP Review 2010 - Shell  Site, 150 Epping Road; and

·         Environmental Services Division Report No. 24 – 71 Northwood Rd, Northwood.

 

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. 310

SUBJECT: 177 Greenwich Road, Greenwich

 

MOTION

A motion was moved by Councillors Palmer and Forrest that pursuant to the provisions of section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent D179/08  granted on 10 December 2008 for alterations and additions to the existing dwelling house, new swimming pool and carport, on 177 Greenwich Road, Greenwich is amended in the following manner:-

A.    Amend condition number 1 as under:-

1.       (20) That the development be strictly in accordance with drawing number (job no. 26/07) 1/4  to 4/4 Amend: B dated 17 May 2010 by Kerry McGrath.

B.    Additional conditions

67.     The extended portion (1.0m wide) of the rear basement deck is deleted.

68.     The height of the front gate shall not be higher than the existing timber front fence and that the gate is erected on a supporting structure independent of the boundary wall.

69.     The living room gas heater and the flue shall be installed in accordance with the manufacturer’s specifications. Certification to this effect shall be submitted prior to the issue of occupation certificate.

70.     The Principal Certifying Authority to confirm that southern side boundary setback is 1.5m prior to the issue of occupation certificate.

 

C.    Condition 4 of the existing consent requiring the use of obscure glass to the south facing windows is reaffirmed and the variation not supported.

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Mcilroy and Smith that the item be referred to the Inspection Committee Meeting of 31st July 2010.

205

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

For the Motion were Councillors Forrest, Gaffney, Palmer and Tudge (Total 4).

Against the Motion were Councillors Bennison, Brooks-Horn, Longbottom, Mcilroy and Smith (Total 5).

206

The Foreshadowed Motion became the Motion.

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

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

Against the Motion were Councillors Forrest, Gaffney & Palmer (Total 3).

 

 

Environmental Services Division Report No. 253

SUBJECT: 3 Amalfi Place, Longueville

207

RESOLVED on the motion of Councillors Longbottom and Smith that pursuant to the provisions of section 96 of the Environment al Planning and Assessment Act, 1979, as amended, the deferred commencement consent D319/08 granted on 31 August 2009 for demolition of the existing single storey dwelling house and construction of a two storey dwelling house (Deletion of Part A - deferred commencement condition), 3 Amalfi Place, Longueville is amended in the following manner:-

 

PART A – Deleted

 

PART B  

1.       That the development be strictly in accordance with drawing numbers DA02- DA5 & DA7 dated 24 Oct 2008 by Martin Pickrell Design except as amended by the following conditions.

2.       The proposed dwelling shall be lowered so that the highest level of the roof shall not be higher than RL 21.550. Amended plans shall be submitted prior to the issue of Construction Certificate.

3.      A check survey certificate is to be submitted by a registered surveyor certifying that the highest level of the first floor roof is no higher than RL 21.550, prior to installation of the roof covering.

4.      The south facing bedroom 1 window shall have a window sill height of a minimum of 1.5m from the finished floor level.

5.      The first floor rear balcony shall have a 1.8m high privacy screen along the southern side of the balcony.

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

7.       All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

8.       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.

9.       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.

10.     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.

11.     An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

12.     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.

13.     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.

14.     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.

15.     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.

 

16.     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.

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

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

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

b)    All reinforcement prior to filling with concrete;

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

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

e)    Installation of steel beams and columns prior to covering;

f)     Waterproofing of wet areas;

g)    Stormwater drainage lines prior to backfilling; and

h)    Completion.

19.     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; and

f)     Upper level floor framing.

20.     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.

21.     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.

22.     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.

23.     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.

24.         a)   The use of mechanical rock pick machines on building sites is prohibited

due to the potential for damage to adjoining properties.

b)    Notwithstanding the prohibition under condition (a), consideration will be given to the use of rock pick machines and may be approved by Council subject to:-

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

ii)     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.

iii)    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.

iv)    The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

          COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

25.     Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

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

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

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

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

30.     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.

31.     BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

32.     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.

33.     The protection on site, without damage, of all existing trees, excepting those shown in the approved plan to be removed or pruned.  Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

34.     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.

35.     All materials brought onto the site must be weed free.

36.     Rubbish must be stored in sealed 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.     A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 2.4m from the trunk of the Water gum street tree. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

38.     A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 3m from the trunk of the Italian Cypress located at the rear of the Site adjacent to the pool.  The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

          The 1.8m high chain link wire boundary fence shall be used as a tree protection zone for all existing trees at the front of the Site. The fence must have a setback distance of not less than 2.4m from the trunk of any tree. 

39.     A waterproof sign must be placed on every second panel of all tree protection zones stating ‘NO ENTRY TREE PROTECTION AREA – 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 fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the development.

41.     There must be no soil disturbance within tree protection areas, 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.

 

42.     Hedging plants must be of such a species that they may be maintained at a mature height of no more than 5m from soil level. The foliage of hedge plants shall be maintained at a height of 5m by ongoing and continuous pruning annually or more frequently as required.

43.     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

44.     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.

45.     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. 

46.     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.

47.     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.

48.     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.

49.     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.

50.     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’.

51.     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

52.     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.

53.     Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

54.     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.

55.     Stormwater Requirement: Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism

·        All impervious areas are to drain to an absorption system.  

·        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

56.     Drainage Plans New: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be submitted to the Principle Certifying Authority prior to the issue of the construction certificate. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management. The design is to include the requirements set out in condition

57.     Council Infrastructure Damage Bond: The applicant shall lodge with Council a $1000 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the occupational certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 90days from the notice. All repairs are to be carried in accordance with council’s requirements. The full bond will be retained if council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

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

59.     Replacement of Vehicular Crossing: The vehicular crossing servicing the property shall be reconstructed prior to the issue of the occupation certificate. The Vehicular crossing shall be constructed to the specifications and levels issued by Council. ‘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 occupational certificate

60.     Excavation greater the 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters 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

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 principle certifying authority prior to the issue of the constructions 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 principle certifying authority prior to the issue of the occupational 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.

61.     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 Principle Certifying Authority prior to the issue of the Construction Certificate

Engineering conditions to be complied with prior to commencement of construction

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

Engineering Conditions to be complied with Prior to Occupation Certificate

63.     Certificate of Satisfactory Completion: Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant certificates are to be submitted to the principal certifying authority prior to issue of the occupation certificate confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater management.   

 

ADVISES

1.       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.

 

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).

 

Environmental Services Division Report No. 21

SUBJECT: LEP  Review 2010 - Shell  Site, 150 Epping Road

 

MOTION

 

A motion was moved by Councillor Palmer and Tudge that Council defer the matter while it undertakes an Urban Design Analysis:-

(a)     Which considers the best use/zoning of the site to benefit the Lane Cove community while meeting the broader needs of State Government strategies; and

(b)     If a re-zoning is recommended, then considers inter alia the most appropriate height and FSR controls for the site.

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Longbottom and Smith that Council endorse Rose Group’s Planning Proposal, to rezone 150 Epping Road as part High Density Residential R4 and part Environmental Conservation E2, for submission to the Department of Planning seeking approval through its “Gateway” process for amendment to the Lane Cove LEP 2009

208           

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.

 

Environmental Services Division Report No. 24

SUBJECT: 71 Northwood Road, Northwood

209

RESOLVED on the motion of Councillors Smith and Palmer that pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application D254/09 for the demolition of the existing dwelling house, the erection of a dwelling house on 3 levels, alterations to a garage roof, earthworks and associated retaining walls and water tanks on Lot 3 DP 564291, and known as 71 Northwood Road, Northwood subject to the following conditions:-

Plans

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

·        0902/DA01-08, Issue L, dated 9.7.10; and

·        0902/DA20-25, Issue L, dated 9.7.10 by Flourish Architectural Services except as amended by the following conditions.

Specific

2.      Deleted

3.      Deleted

4.      In order to reduce the potential to overlook the rear of the property to the west, at 11 Kellys Esplanade, from the filled areas of the lower level rear yard, the 5 trees within the setback area between the rear boundary and the adjoining retaining wall when planted are to have a height equivalent to 1.7m above the finished ground level of the site retained by this adjoining retaining wall.  PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

5.      In order to reduce their potential impact on views from the rear yard of the adjoining dwelling house to the north, at 69 Northwood Road, the height of the 5 trees along the rear boundary is to be maintained so that it would not exceed 5m.

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

7.      No approval is granted, or implied, for either a dual occupancy or a swimming pool or an external shower on the site.

8.      In order to avoid possible confusion, floor plans submitted with a Construction Certificate are to exclude any reference to works proposed below the 29m contour.

9.      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.

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, garage 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.    (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.

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

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

25.    (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.

26.    (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.

27.    (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:-

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

(ii)     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.

(iii)    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.

(iv)    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.

28.    (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.

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

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

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

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

33.    (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.

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

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

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

37.    (130)  Compliance with the Waste Management Plan submitted under this application.

38.    (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.

39.    (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.

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

41.    (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

42.    (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.

43.    (302)  Irrespective of this consent, permission from Council must be obtained for the  pruning of any trees protected by Council’s Tree Preservation Order, including the cutting of any tree roots greater than 40 mm in diameter.

44.    (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.

45.    (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.

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

47.    (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.

48.    All trees and shrubs located in existing perimeter garden beds must be retained and protected.  A 1.8 m high chain mesh fence shall be erected 500mm inside the edge of the perimeter garden beds encompassing all vegetation. The tree and garden protection areas shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection areas shall remain undisturbed.

49.    The New Zealand Christmas bush must be retained and protected. A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 2m from the trunk of the New Zealand Christmas bush located in the centre of the front yard. 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.

50.    The Eucalypt tree at the rear of the site is to be retained and protected.  A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 4m from the trunk of the Eucalypt tree located in the rear yard. 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.

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

52.    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.

53.    (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.

54.    (371)  There is to be no excavation, including that required for a dispersal trench,  within 4m of the Eucalypt tree located at the rear of the property.

55.    Deleted 

56.    (382)  The Applicant must ensure that there are sufficient number of groundcovers and low shrubs established in the proposed garden bed adjacent to the rear boundary line. The plant material shall be planted at appropriate distances and depths to eliminate bare mulched gardens areas within twelve (12) months of completion of all landscaping works. The plant material used shall be indigenous to the Lane Cove area.

57.    (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.

57A   Landscape planting in the rear yard of the subject site that is along the common side boundary to 69 Northwood Road is to be no greater than 2m in height.

General Engineering Conditions

58.    (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.

59.    (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. 

60.    (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.

61.    (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.

62.    (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.

63.    (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.

64.    (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’.

65.    (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.

66.    (F1) Overland Flow around Buildings To prevent stormwater from entering the building the finished habitable lower ground floor level, and the front/east end of the ground floor level of the dwelling house, must each be a minimum of 150mm above the adjacent finished ground level.

67.    (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum effective capacity of 18,000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows

·     Rainwater draining to the reuse tanks 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.

·     Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

68.    (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 a dispersal trench

·     All other areas to drain to the dispersal trench

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

         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

69.    (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.

70.    (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

(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 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.

71.    (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

72.    (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.

73.    (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 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

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

Engineering Condition to be Complied With Prior to Occupation Certificate

75.    (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.

 

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).

 


 

Resumption of Standing Orders

210

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 - 21 JUNE 2010

211

RESOLVED on the motion of Councillors Tudge and Smith that the minutes of the Ordinary Council meeting held on the 21st 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).

212

RESOLVED on the motion of Councillors Tudge and Smith that the minutes of the Ordinary Council meeting held on the 21st  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).

 

Councillor Mcilroy exited the Chamber at 8:39pm.

 

 

Orders Of The Day

 

Order Of The Day No. 9

SUBJECT: Council and Committee Meeting Schedule - August 2010

213

RESOLVED on the motion of Councillors Smith and Bennison that the Council and Committee Meeting Schedule for August 2010 be adopted.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Mcilroy (Total 1).

 

 

Councillor Mcilroy returned to the Chamber at 8:42pm.


 

Order Of The Day No. 13

SUBJECT: Citizenship Ceremony - 21st July 2010

214

RESOLVED on the motion of Councillors Gaffney and Palmer that Councillor Bennison attend the Citizenship Ceremony of 21st July 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).

 

 

Order Of The Day No. 14

SUBJECT: One Association Convention

215

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

1.      Council endorse the attendance of the Mayor, Councillor Gaffney and the General Manager at the One Association Convention to be held on 16th and 17th August in Sydney; and

2.      That a report come back to Council regarding the convention.

 

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

Against the Motion was Councillor Longbottom (Total 1).

 

 

Notices of Motion

 

Notice of Motion No. 5

SUBJECT: Policy of Not Using Eggs Sourced from Caged Chickens

216

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

1.    Adopts a policy of not using eggs sourced from caged chickens. This policy will include but not be limited to the following situations:-

·      The use of non-cage eggs be stipulated in any future tenders or contracts relating to the supply of food in which Council is a party;

·      All future catering arrangements will only be made with caterers who can guarantee that they use non-cage eggs; and

·      Where there is no option but to source food from a vendor who uses caged chicken eggs, "No eggs" will be Council's preferred option.

2.    Publicise this policy on its website and in its newsletter so the public is made aware of Councils decision and that the General Manager write directly to all known suppliers of food products to Council notifying them of the new policy position.

3.    Reinforce to other Lane Cove businesses, organisations and households making them aware of Councils policy and providing them with sufficient information so they can adopt a similar policy.

4.      Consider supporting any similar motions at the LGA, NSROC, and in any other area in which it may be expected to voice a position, relevant to this policy.

5.      Advises the State & Federal Government of its actions, asks it to look at the Battery Hen industry as a whole including the legislation regarding the labelling of Free Range Egg products, and recommends banning the practice within Australia.

 

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

217

A motion was moved by Councillors Bennison and Brooks-Horn that a report to Council be submitted and distributed in the next Council newsletter which:-

1.      Distinguishes between the different terms and certification standards used in the sale of eggs (e.g. free range, non free range etc) and their meaning; and

2.      Lists local retailers that sell free range eggs.

 

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

 

Procedural Motion

218

RESOLVED on the motion of Councillors Bennison and Tudge 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 Report No. 41

SUBJECT: 2010 Local Government Association Conference and Annual NSROC Conference

219

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

1.   The Mayor, Councillor Gaffney; the deputy Mayor, Councillor Palmer; and Councillor Bennison act as voting delegates for 2010 Local Government Association Conference.

 

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).

220

RESOLVED on the  of Councillors Tudge and Brooks-Horn that:-

2.   The following motions be endorsed for submission to the LGA conference, that:-  

a)      Council request that the LGA write to both State and Federal Governments highlighting their commitment to ‘Sustainable transport’ and that both governments form a task force to deal with the issue of Bicycle paths in NSW and that our belief that requiring cyclists to have a license will not resolve the lack of bike infrastructure as revenue raised would be immaterial to the total costs; and

b)      The legislation for tendering be amended to allow regional organisation of councils to appoint tenderers without the need for member councils to endorse proposed tenderers.

3.   A report come back to the Council meeting on the 2nd August 2010 regarding regulatory barriers which restrict trigeneration power plants to small scale, individual buildings because proponents avoid exporting electricity to the grid be removed.

 

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).

221

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

4.   Council give consideration to motions of regional significance for the NSROC Conference.

 

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. 28

SUBJECT: Mowing Nature Strip Policy

222

RESOLVED on the motion of Councillors Bennison and Smith that the policy dated July 2010 be adopted subject to the extension of the eligibility criteria to include those residents that may not be receiving a government pension but may be receiving some form of income substitution resulting from a physically disability that restricts them from mowing their nature strip.  For example, workers compensation or income protection benefit.

 

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. 22

SUBJECT: 19 Glenview Street, Greenwich

223

RESOLVED on the motion of Councillors Longbottom and Forrest that Council receive and note the above report and clarify the legal cost associated with this matter.

 

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. 23

SUBJECT: Development Conributions (Section 94 Plan) - Departmental Advice

224

RESOLVED on the motion of Councillors Tudge 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: NSW Community Building Partnership Program

225

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

1.    Write to the Lane Cove Country Club and recommend that they submit an application for the NSW Community Building Partnership Grant Funds for an amount of $20,000 being the total cost of the project.

2.    Provide a letter of support for the application for the Lane Cove Country Club.

3.    Liaise with the Greenwich Sports Club, the Greenwich Village Games Committee and KDSA (Kuringai District Soccer Association) regarding the amount of contribution that could be provided from these organisations towards the upgrading of the drainage at the Bob Campbell Oval.

4.    The Greenwich Sports Club, the Greenwich Village Games Committee and KDSA (Kuringai District Soccer Association) be requested to write letters of support for the application.

5.    Indicates its support for submission of the following projects and provision of matching funds for the Community Building Partnership Program (NSW) – the amount listed below is Council’s contribution:-

(i)      Upgrade of Kindy Cove Child Care Centre Playground - $60,000;

(ii)     Joint Application – Bob Campbell Oval drainage - $20,000; and

(iii)    Bicycle Facilities – linemarking and signposting of various routes - $26,000.

 

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. 28

SUBJECT: Federal Funding - Federal Government Regional and Local Community Infrastructure Program

226

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

1.    Council receive and note the Report.

2.    Council agree to the following projects being submitted to the Department of Infrastructure, Transport, Regional Development and Local Government (‘the Department’) as Council’s nominated projects for the Regional and Community Infrastructure Program (RCLIP) -

a)      Library Square Upgrade – additional works $40,000

b)      Community Centre – refurbishment of the top floor of the Community Centre into an Art Gallery space - $26,000

3.   The General Manager be delegated to amend the projects listed if it becomes clear that they will not meeting the guidelines of the funding program.

 

 

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. 29

SUBJECT: Library Fit Out Progress Report No 12

227

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

  

CLOSE

 

The meeting closed at 9:40pm

 

Confirmed at the Ordinary Council Meeting of 2nd August 2010, at which meeting the signature herein is subscribed.

 

MAYOR

 

 

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