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Minutes

Ordinary Council Meeting

2 August 2010, 6:46pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 2 August 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, 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,  and Office Manger – Corporate Services.

 

 

DECLARATIONS OF INTEREST:  Nil

 

APOLOGIES                                                     

Apologies be received on behalf of Councillor A. Smith .

228

RESOLVED on the motion of Councillor Longbottom and Tudge that the apology be accepted and leave of absence be granted.

 

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

Against the Motion was Nil (Total 0).

 

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Steven Pyn of the Presbyterian Church.

 

 

CONFIDENTIAL ITEMS  

 

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

 

Mayoral Minute No. 2

SUBJECT: Performance Review of the General Manager

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and because the report contains personal information concerning the performance of staff.

 

 

No members of the public made representations.


 

PROCEDURAL MOTION

229

RESOLVED on the motion of Councillors Forrest and Brooks-Horn that

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

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

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

 

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

Against the Motion was Nil (Total 0).

 

Council moved into Closed Committee at 6:49pm. All staff, public, and media left the chamber.

 

Closed Committee commenced.

 

 

Confidential Items

 

Mayoral Minute No. 2

SUBJECT: Performance Review of the General Manager

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and because the report contains personal information concerning the performance of staff.

 

 

RECOMMENDATION OF CLOSED COMMITTEE

That Council endorse the:-

1.      Very satisfactory Performance Review of the General Manger, Mr Brown; and

2.      General Manger’s Performance Agreement 2010/2011.

 

 

PROCEDURAL MOTION

230

RESOLVED on the motion of Councillors Gaffney and Palmer that Council move out of Closed Committee and into Open Council.

 

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

Against the Motion was Nil (Total 0).

 

The meeting moved into Open Council at 6:56pm.


ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

CONFIDENTIAL ITEMS

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

 

Mayoral Minute No. 2

SUBJECT: Performance Review of the General Manager

231

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

1.      Very satisfactory Performance Review of the General Manger, Mr Brown; and

2.      General Manger’s Performance Agreement 2010/2011.

 

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

Against the Motion was Nil (Total 0).

 

 

SUSPENSION OF STANDING ORDERS

232

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, and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

 

Kerry Nash – Consultant Town Planner – In support of Development Application for 177 Greenwich Rd, Greenwich and the issues discussed at the Inspection Committee meeting on the 31st July 2010.

 

Helen Jordan – Lane Cove Sustainability Action Group (LCSAG ) and WAIG – In support of the Sustainability Small Grants Program and suggesting possible uses for grant funds.

 

Frances Vissel – Stringybark Creek Residents Association – supporting Notice of Motion No. 7, Lane Cove Council LEP.

 

Jack Winning – 12 Wilandra St Lane Cove – supporting Notice of Motion No. 7, Lane Cove Council LEP.

 

Peter Cistulli – 17 Greendale St, Greenwich – In support of the Development Application for 17 Greendale St, Greenwich and expressing security concerns for the condition which limits the construction of a garage.

 

Kerry McGrath – Architect for 177 Greenwich Rd, Greenwich – In support of the Development Application and in relation to issues brought forward at the Inspection Committee of the 31st July 2010.

 

Carmel Hope – 179 Greenwich Rd, Greenwich – speaking in opposition to the Development Application for 177 Greenwich Rd, Greenwich and requesting the size of the deck be reduced.

 

 

Resumption of Standing Orders

233

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

 

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

Against the Motion was Nil (Total 0).

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 19 JULY 2010

234

RESOLVED on the motion of Councillors Mcilroy and Palmer that the minutes of the Ordinary Council meeting held on the 19 July 2010 be received.

 

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

Against the Motion was Nil (Total 0).

235

RESOLVED on the motion of Councillors Mcilroy and Palmer that the minutes of the Ordinary Council meeting held on the 19 July 2010 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

 

Referred Reports

 

Environmental Services Division Report No. 310

SUBJECT: 177 Greenwich Road, Greenwich

 

MOTION

A motion was moved by Councillors Longbottom and Bennison 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 10th 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

68.    The gate is to be independently supported away from the boundary wall of 179 Greenwich Rd, Greenwich

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.

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

D.    That the Principal Certifying Authority be reported to the relevant Authority.

FORESHADOWED MOTION

A motion was moved by Councillors Tudge and Palmer 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 10th 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. The gate is to be independently supported away from the boundary wall of 179 Greenwich Rd, Greenwich.

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.

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

 

 

Procedural Motion

 

A motion was moved by Councillors Bennison and Longbottom that Environmental Services Division Report No. 310 – 177 Greenwich Rd, Greenwich be deferred to the Council meeting of the 16th August 2010.

 

The Procedural Motion was put to the meeting.

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

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

The Mayor exercised her casting vote and declared the Motion lost.

 

The Motion was put to the Meeting, and was declared lost.

For the Motion were Councillors Bennison, Brooks-Horn and Longbottom (Total 3).

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

 

236

The Foreshadowed Motion became the Motion.

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 and Longbottom (Total 3).

 


 

Matter Arising

237

RESOLVED on the motion of Councillors Palmer and Tudge that Council seek relevant advice and, if appropriate, issue Orders to remove unauthorised works at 177 Greenwich Rd, Greenwich in relation to DA179/08 and the associated Section 96 application in 2010. 

 

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

Against the Motion were Councillors Bennison, Brooks-Horn, and Longbottom (Total 3).

 

 

Environmental Services Division Report No. 166

SUBJECT: 17 Greendale Street, Greenwich

 

MOTION

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

A.         Pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred commencement consent to Development Application 2010/12 for the carrying out of alterations and additions to the existing dwelling house, including the erection of a carport on lot 28 DP 19202 and known as 17 Greendale Street, Greenwich subject to the following:

 

1.      The submission of a written agreement from the adjoining owner of 19 Greendale Street, raising no objection to the additional window in the western ground floor elevation.

 

2.      The applicant to provide written confirmation from the NSW Rural Fire Service of any amended or deleted  pre-advised condition. (Condition 6).

 

Documentary evidence as requested or the above information must be submitted within 12 months of the granting of this deferred commencement consent.  Commencement of the approval cannot commence until written approval of the submitted information has been given by Council. 

 

B.                 Subject to A above being satisfied, a development consent be issued, subject o the following conditions:-

 

Plans

1.      (20) That the development be strictly in accordance with drawing numbers DA01-06 and 09, Isuue C, dated May 2009 and as amended up to November 2009, by D. Palamara except as amended by the following conditions.

Specific

2.      The proposed attached double garage is to be the design of which must address the following:-

a.            it’s roof must not be trafficable;

b.            the structure having a setback to its supports of 1m from the front boundary and 1.2m from the side boundary.

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

3.      In order to address a requirement of Council’s relevant code, and to promote public safety, a 1m x 1m splay is to be provided on the east side of the driveway or, alternatively, no structure is permitted within this splay area greater than 900mm in height above the FFL of the driveway.

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

4.      A 1:100 scale site plan is to be submitted as part of a Construction Certificate that confirms that a minimum of 35% of the site area would be natural/soft landscaped area as defined under Council’s relevant code.

5.      All new work, including the rear pergola, is to be shown coloured on plans submitted with a Construction Certificate.

General

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

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

8.      (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.

9.      (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.

10.    (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.

11.    (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house and class 10 structures.

12.    (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.

13.    (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.

14.    (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.

15.    (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.

16.    (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.

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

18.    (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

19.    (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.

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

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

22.    (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.

23.    (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.

24.    (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.

25.    (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)  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.

26.    (70) Protection of the dwelling house and Class 10 structures against subterranean termites must be carried out in accordance with AS.3660.

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

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

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

30.    (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.

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

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

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

34.    (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

35.    (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan submitted under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

36.    (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.

37.    (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.

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

Landscape Conditions

39.    (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.

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

41.    (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.

42.    (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.

43.    (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 Magnolia tree located in 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.

44.    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.

45.    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.

46.    (354)  Footing, trench or excavation that is within 3m of any tree greater than  4m in height, including the Magnolia tree located at the front of the allotment, and neighbouring trees, must be carried out using hand held tools only, with no tree roots greater than 25mm diameter to be severed or damaged.

47.    (352) Works for the front boundary sandstone wall are not to result in damage to the root system of the Magnolia tree.

48.    The front steps to the house are to be amended to prevent excavation within 3m of the Magnolia tree.

49.    The width of the driveway crossing is not to exceed 5m.

50.    The owner shall pay Council the sum of $300 for the cost and labour to establish an appropriate tree species on the nature strip in front of the allotment.  This payment must be received prior to the issue of the Construction Certificate.  The tree is to be established prior to the completion of works.

General Engineering Conditions

51.    (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.

52.    (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. 

53.    (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.

54.    (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.

55.    (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.

56.    (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.

57.    (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’.

58.    (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.

59.    (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.

Engineering Conditions to be Complied with Prior to Construction Certificate

60.    (S2) Stormwater requirement The stormwater runoff from the new and altered impervious areas within the development shall be connected to the proposed drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management.

The proposed stormwater system is to be certified that it meets the requirements set out in Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

Where the existing system does not comply with Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and 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.

61.    (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The new crossing shall not exceed a width of 5.5m along the face of the kerb:  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

62.    (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 shall be determined by Council.

63.    (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:-

·        A 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; and

·        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 Principal Certifying Authority prior to the issue of the Construction Certificate.  

64.    (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.

65.    (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.

Engineering Condition to be Complied With Prior to Commencement of Construction

66.    (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 ‘erosion and sediment control plan’ numbered DA09. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied With Prior to Occupation Certificate

67.    (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. 

FORESHADOWED MOTION

A Foreshadowed motion was moved by Councillors Palmer and Forrest that:-

A.         Pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred commencement consent to Development Application 2010/12 for the carrying out of alterations and additions to the existing dwelling house, including the erection of a carport on lot 28 DP 19202 and known as 17 Greendale Street, Greenwich subject to the following:

 

1.      The submission of a written agreement from the adjoining owner of 19 Greendale Street, raising no objection to the additional window in the western ground floor elevation.

 

2.      The applicant to provide written confirmation from the NSW Rural Fire Service of any amended or deleted  pre-advised condition. (Condition 6).

 

Documentary evidence as requested or the above information must be submitted within 12 months of the granting of this deferred commencement consent.  Commencement of the approval cannot commence until written approval of the submitted information has been given by Council. 

 

C.                 Subject to A above being satisfied, a development consent be issued, subject o the following conditions:-

 

Plans

1.      (20) That the development be strictly in accordance with drawing numbers DA01-06 and 09, Isuue C, dated May 2009 and as amended up to November 2009, by D. Palamara except as amended by the following conditions.

Specific

2.      To overcome the requirement’s of Council’s relevant code in relation to structures forward of the building line, the proposed attached double garage is to be replaced with either an attached or a detached double carport, the design of which must address the following:-

·     it’s roof must not be trafficable;

·    if a security screen is required this may only extend across the front and  when closed it must be at least 50% see - through in design;

·    the structure having a setback to its support posts of 1m from the front boundary and 1.2m from the side boundary.

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

3.      In order to address a requirement of Council’s relevant code, and to promote public safety, a 1m x 1m splay is to be provided on the east side of the driveway or, alternatively, no structure is permitted within this splay area greater than 900mm in height above the FFL of the driveway.

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

4.      A 1:100 scale site plan is to be submitted as part of a Construction Certificate that confirms that a minimum of 35% of the site area would be natural/soft landscaped area as defined under Council’s relevant code.

5.      All new work, including the rear pergola, is to be shown coloured on plans submitted with a Construction Certificate.

General

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

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

8.      (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.

9.      (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.

10.    (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.

11.    (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house and class 10 structures.

 

 

12.    (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.

13.    (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.

14.    (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.

15.    (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.

16.    (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.

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

18.    (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

19.    (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.

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

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

22.    (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.

23.    (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.

24.    (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.

25.    (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)  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.

26.    (70) Protection of the dwelling house and Class 10 structures against subterranean termites must be carried out in accordance with AS.3660.

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

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

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

30.    (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.

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

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

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

34.    (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

35.    (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan submitted under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

36.    (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.

37.    (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.

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

Landscape Conditions

39.    (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.

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

41.    (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.

42.    (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.

43.    (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 Magnolia tree located in 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.

44.    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.

45.    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.

46.    (354)  Footing, trench or excavation that is within 3m of any tree greater than  4m in height, including the Magnolia tree located at the front of the allotment, and neighbouring trees, must be carried out using hand held tools only, with no tree roots greater than 25mm diameter to be severed or damaged.

47.    (352) Works for the front boundary sandstone wall are not to result in damage to the root system of the Magnolia tree.

48.    The front steps to the house are to be amended to prevent excavation within 3m of the Magnolia tree.

49.    The width of the driveway crossing is not to exceed 5m.

50.    The owner shall pay Council the sum of $300 for the cost and labour to establish an appropriate tree species on the nature strip in front of the allotment.  This payment must be received prior to the issue of the Construction Certificate.  The tree is to be established prior to the completion of works.

General Engineering Conditions

51.    (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.

52.    (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. 

53.    (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.

54.    (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.

55.    (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.

56.    (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.

57.    (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’.

58.    (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.

59.    (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.

Engineering Conditions to be Complied with Prior to Construction Certificate

60.    (S2) Stormwater requirement The stormwater runoff from the new and altered impervious areas within the development shall be connected to the proposed drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management.

The proposed stormwater system is to be certified that it meets the requirements set out in Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

Where the existing system does not comply with Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and 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.

61.    (V1) Proposed Vehicular Crossing: The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The new crossing shall not exceed a width of 5.5m along the face of the kerb:  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

62.    (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 shall be determined by Council.

63.    (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:-

·        A 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; and

·        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 Principal Certifying Authority prior to the issue of the Construction Certificate.  

64.    (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.

65.    (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.

Engineering Condition to be Complied With Prior to Commencement of Construction

66.    (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 ‘erosion and sediment control plan’ numbered DA09. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied With Prior to Occupation Certificate

67.    (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. 

Suspension of Standing Orders

238

RESOLVED on the motion of Councillors Tudge and Brooks-Horn that Standing Orders be suspended to allow Council to ask a member of the public a question.

 

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

Against the Motion was Nil (Total 0).

Resumption of Standing Orders

239

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

 

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

Against the Motion was Nil (Total 0).

 

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

For the Motion were Councillors Bennison, Brooks-Horn and Longbottom (Total 3).

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

 

240

The Foreshadowed Motion became the Motion.

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 and Longbottom (Total 3).

 

ADJOURNMENT

 

The Mayor adjourned the Council Meeting at 8:36pm to allow the commencement of the Services and Resources Committee meeting.

The Mayor opened the Committee Meeting and adjourned it for one hour.

 

RESUMPTION

 

The Council Meeting resumed at 8:36pm.


 

Reports Of Committees

 

Report Of Committees No. 29

SUBJECT: Inspection Committee - 31 July 2010

241

RESOLVED on the motion of Councillors Tudge and Gaffney that the minutes of the Inspection Committee held on 31st July 2010 be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Notice of Motion No. 6

SUBJECT: Longueville Road Pedestrian Crossing and School Crossings

242

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

1.     Council's Road Safety Officer contact the schools in the area to determine if a policy can be developed to encourage children to cross in groups, so long as safety is not compromised; and

2.     The General Manager arrange for signage, where appropriate within the Lane Cove Village area, encouraging pedestrians to cross the road in groups.

 

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

Against the Motion was Nil (Total 0).

 

Councillor Palmer exited the Chamber at 8:46pm.

Councillor Palmer returned to the Chamber at 8:49pm.

 

Notice of Motion No. 7

SUBJECT: Lane Cove Council LEP

 

MOTION

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

1.      A Task Force be formed comprising all Councillors and staff nominated by the General Manager, to report back to Council on:-

a)      The ramifications of the Lane Cove Council LEP given that a change in Government in NSW may mean that planning laws are retuned to Local Government, specifically the commitment of current opposition Leader Barry O’Farrell to remove elements of part 3 of the EP&A Act; and

b)      Ramifications and/or opportunities if any, on less than desirable re-zoning within Lane Cove, that has been forced upon us by the Labor State Government in our recent LEP; and

2.      If opportunities arise from (b), the Taskforce prepare for consideration by Council,  draft submission(s) to amend the Lane Cove Council LEP to take advantage of such opportunities, if and when, pledges from the Liberal Party are honoured if they are elected into Government in 2011.

ADJOURNMENT

The Mayor suspended proceedings at 8:58pm due to disorder.

Councillor Longbottom exited the meeting at 9:01pm.

RESUMPTION

The Mayor resumed the Meeting at 9:02pm.

243

The Mayor put the Motion to the vote and declared the Motion carried.

For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Mcilroy and Tudge (Total 5).

Against the Motion were Councillors Forrest and Palmer (Total 2).

Absent was Councillor Longbottom (Total 1).

 

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 44

SUBJECT: 2010 Local Government Association Conference

244

RESOLVED on the motion of Councillors Palmer and Bennison that Council put forward all proposed motions to the 2010 Local Government Association Conference with the addition of the following.  That the LGSA:-

1.            Make representations to the State Government to adopt the Capital Improved Value (as opposed to Unimproved Value) as the basis for determination of the rateable value of land in NSW; and

2.            Support an aboriginal mentoring program involving the partnering of local government authorities with rural aboriginal communities (“Brother” communities).

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

 

ADJOURNMENT

 

The Mayor adjourned the Council Meeting at 9:32pm to allow the commencement of the Services and Resources Committee meeting.

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

 

RESUMPTION

 

The Council Meeting resumed at 9:32pm.


Environmental Services Division Reports

 

Environmental Services Division Report No. 18

SUBJECT: Sustainability Small Grants Program

245

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

1.      Develop the Sustainability Small Grants Program;

2.      Promote the Sustainability Small Grants Program to local community organisations; and

3.      Bring recommendations for funding under the Sustainability Small Grants Program to Council for determination.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

 

Environmental Services Division Report No. 26

SUBJECT: Walk Against Warming 2010

246

RESOLVED on the motion of Councillors Forrest and Palmer that

That Council:-

1.      Support and promote Walk Against Warming through the website, sustainability e-newsletter, the distribution of posters and flyers, a media release, by offering to display a banner and the like.

2.      Provide $500.00 in financial support for the coordination of this event.

3.      Notify the Nature Conservation Council of the decision

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

 

Environmental Services Division Report No. 28

SUBJECT: Regulatory Barriers to Trigeneration

247

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

1.      Receive and note the report;

2.      Receive the Prime Minister’s Task Group Energy Efficiency Report when made available (mid 2010);

3.      Track National Strategy on Energy Efficiency tasks as they are implemented;

4.      Advocate for a NSROC leadership role on behalf of member Council’s on decentralised energy developments at the regional, state and national level; and

5.      Advocate for NSROC to work with the LGSA to promote institutional change to extant arrangements in the state and national electricity market.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

 

 

Procedural Motion

248

RESOLVED on the motion of Councillors Gaffney and Tudge that the Services and Resources Committee agenda items be considered at the Council Meeting.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

 

 

CONFIRMATION OF MINUTES OF Services and Resources - 19 JULY 2010

249

RESOLVED on the motion of Councillors Tudge and Mcilroy that the minutes of the Services and Resources held on the 19 July 2010 be received.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

250

RESOLVED on the motion of Councillors Tudge and Mcilroy that the minutes of the Services and Resources held on the 19 July 2010 be confirmed.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

 

 

General Managers Reports

 

General Managers Report No. 11

SUBJECT: Monthly Review for June 2010

251

RESOLVED on the motion of Councillors Tudge and Bennison that the information be received and noted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

 


 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 29

SUBJECT: Lane Cove Bicycle Advisory Committee Meeting held Tuesday 9 February 2010

252

RESOLVED on the motion of Councillors Bennison and Mcilroy that Council receive and note the recommendations of the Lane Cove Bicycle Advisory Committee meeting of Tuesday 9th February 2010 subject to the spelling correction of Clr Brooks-Horn’s name.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

 

Open Space and Urban Services Division Report No. 30

SUBJECT: Lane Cove Bicycle Advisory Committee Meeting held Tuesday 13th April 2010

253

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Council receive and note the recommendations of the Lane Cove Bicycle Advisory Committee meeting of Tuesday 13th April 2010 subject to the spelling correction of Clr Brooks-Horn’s name.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

 

Open Space and Urban Services Division Report No. 31

SUBJECT: Lane Cove Traffic Committee Meeting held Tuesday 15th June 2010

254

RESOLVED on the motion of Councillors Bennison and Tudge that Council receive and note the recommendations of the Lane Cove Traffic Committee Meeting held Tuesday 15th June 2010.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion were nil (Total 0).

Absent was Councillor Longbottom (Total 1).

 

 

CLOSE

 

The meeting closed at 9:45pm.

 

Confirmed at the Ordinary Council Meeting of 16th August 2010, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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