m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

Ordinary Council Meeting

6 September 2010, 6:40pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 6 September 2010

 

Minutes

 

 

 

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

 

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

 

 

DECLARATIONS OF INTEREST: Nil

 

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Father Martin Maunsell, St Michaels Lane Cove.

 

 

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:

 

General Managers Report No. 12

SUBJECT: Senior Staff Contracts

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 the report discusses contract conditions of members of staff.

 

General Managers Report No. 15

SUBJECT: Senior Staff Contract Matter

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 that the matter pertains to the employment of staff.

 


 

Environmental Services Division Report No. 35

SUBJECT: 11 Kelly's Esplanade, Longueville

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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 being the subject of current legal action.

 

No members of the public made representations.

 

PROCEDURAL MOTION

277

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

1.       Environmental Services Division Report no. 35 be received and dealt with as a Matter of Urgency.

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

3.       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.

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

 

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

Against the Motion was Nil (Total 0).

 

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

 

Closed Committee commenced.

 


 

Confidential Items

 

Environmental Services Division Report No. 35

SUBJECT: 11 Kelly's Esplanade, Longueville

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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 being the subject of current legal action.

 

RECOMMENDATION OF CLOSED COMMITTEE

That Council:-

1.   Agree to enter into Consent Orders and approve the application subject to:-

a)    Height poles and ground markings be used to articulate the current proposal and all the alternatives of the joint planning report.  The position of the height poles, string lines and ground marks to be confirmed by survey and be available on 13th September for the Court and objectors to gauge view gain and losses;

b)    Condition 4 relating to the swimming pool be retained as resolved by Council and agreed by expert witnesses; and

c)    A3 coloured plans showing all proposed/agreed amendments to the proposal considered by Council being available to both parties, the Court and objectors prior to 13th September inspection.

2.   Delegate to the General Manager, authority to determine the matter before the Court should other issues arise and require a Council position;

3.   Advise each objector to notify the Court of their individual view or concern with the proposal; and

4.   Be advised of the final outcome as soon as practicable after the determination of the Court.

 

All staff, with the exception of the General Manager left the chamber.

 

General Managers Report No. 12

SUBJECT: Senior Staff Contracts

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 the report discusses contract conditions of members of staff.

 

RECOMMENDATION OF CLOSED COMMITTEE

That the information on Senior Staff contracts be received and noted and that a formal 360 degree feedback process for senior staff be implemented as part of the annual performance review.


 

General Managers Report No. 15

SUBJECT: Senior Staff Contract Matter

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 that the matter pertains to the employment of staff.

 

RECOMMENDATION OF CLOSED COMMITTEE

That Council note the General Manager consulted with Council in relation to this senior staff matter.

 

PROCEDURAL MOTION

278

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

 

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

Against the Motion was Nil (Total 0).

 

The meeting moved into Open Council at 6:49pm.

 

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:

 

General Managers Report No. 12

SUBJECT: Senior Staff Contracts

279

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that the information on Senior Staff contracts be received and noted and that a formal 360 degree feedback process for senior staff be implemented as part of the annual performance review.

 

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).

 


 

General Managers Report No. 15

SUBJECT: Senior Staff Contract Matter

280

RESOLVED on the motion of Councillors Tudge and Brooks-Horn that Council note the General Manager consulted with Council in relation to this senior staff 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. 35

SUBJECT: 11 Kelly's Esplanade, Longueville

281

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

1.   Agree to enter into Consent Orders and approve the application subject to:-

a)    Height poles and ground markings be used to articulate the current proposal and all the alternatives of the joint planning report.  The position of the height poles, string lines and ground marks to be confirmed by survey and be available on 13th September for the Court and objectors to gauge view gain and losses;

b)    Condition 4 relating to the swimming pool be retained as resolved by Council and agreed by expert witnesses; and

c)    A3 coloured plans showing all proposed/agreed amendments to the proposal considered by Council being available to both parties, the Court and objectors prior to 13th September inspection.

2.   Delegate to the General Manager, authority to determine the matter before the Court should other issues arise and require a Council position;

3.   Advise each objector to notify the Court of their individual view or concern with the proposal; and

4.   Be advised of the final outcome as soon as practicable after the determination of the Court.

 

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

282

RESOLVED on the motion of Councillors Palmer and Mcilroy 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

 

Tracey Lavender – 29 Stokes St, Lane Cove – expressing her concerns regarding Environmental Services Division Report No. 353, 23-27 Stokes St, Lane Cove and requesting it be brought forward and dealt with as soon as possible.  

 

Frances Vissel – Speaking on behalf of the Stringybark Creek Residents Association - expressing support for the outcome of Open Space and Urban Services Division Report No. 35 regarding the Jemena Gas Primary Regulating Station.

 

Vladimir Polyakov – 67-71 Helen St, Lane Cove – speaking in objection to some aspects of Environmental Services Division Report No. 353, for the proposed development at 23-27 Stokes St, Lane Cove.

 

Resumption of Standing Orders

283

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

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

284

RESOLVED on the motion of Councillors Bennison and Palmer that Environmental Services Division Report No. 353 be brought forward and dealt with at this time.

 

 

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

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 353

SUBJECT: 23-27 Stokes Street, Lane Cove

285

RESOLVED on the motion of Councillors Longbottom and Smith 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 No 83/10 for demolition of existing buildings and construction of a mixed residential (6 units), child care centre (40 children) and community meeting rooms development with associated car parking and landscaping on Lots 12 – 14 DP 6874 and known as Nos 23-27 Stokes Street, Lane Cove subject to the following conditions:-

Plans

1.         (20) That the development be generally in accordance with drawing numbers DA 00 C-DA 07 C, DA 08 A except where amended by the following conditions.

Specific

2.         A motorcycle parking space shall be provided for the development in accordance with the requirements of the DCP.  Details to be provided with the Construction Certificate.

3.         A bicycle locker shall be provided for the development in accordance with the requirements of the DCP.  Details to be provided with the Construction Certificate

4.         The pram storage lobby area on the basement level shall be widened as detailed in the SEPP 65 assessment.  Details to be provided with the Construction Certificate

5.         The applicant shall provide details to the satisfaction of Council in respect to improving the safety and security around the garbage storage area as detailed in the SEPP 65 assessment.

6.         Climbing equipment shall be provided for the child care centre. Outdoor areas should include a variety of surfaces such as soft-fall, grass, and sand, hard paving and mounting. The child care centre should aim for 30% natural area (excluding turf), 30% turfed area and 40% surfaces (including sand “soft fall”, paving and timber platforms).

7.         Access should be in accordance with Australian Standard 1428.1 to 4 and comply with Part D of the Building Code of Australia.  Details to be provided with the Construction Certificate.

8.         Surface details within the child care centre shall be provided with the Construction Certificate.

9.         A Section J report shall be provided for the child care centre and community rooms. This is to be submitted with the Construction Certificate.

10.       Details of compliance with Council’s Access requirements to be provided with the Construction Certificate.  A copy to be provided to Council’s Manager Community Services for information.

General

11.       The upgrading and refurbishment works in Goodlet Reserve shall be scheduled to commence during 2011 and will be completed prior to the occupation of the residential units.

12.       Council will retain ownership of the community and child care centre areas.  Common areas in any future strata title will not include any community land.

13.       The hours of operation shall be limited to 7am to 6pm for the child care centre and from 7am to 10.30pm for the meeting rooms.

14.       The child care centre shall be restricted to 40 children.

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

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

17.       (3) If there is a change of building use the provisions of Clause 78B of the Environmental Planning and Assessment Regulation 1998 must be complied with.

18.       (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.

19.       (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.

20.       (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.

21.       (14) THE PAYMENT OF A CONTRIBUTION FOR AN ADDITIONAL 14.4 PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $123,768.00 AT THE CURRENT RATE OF $8595.00 PER PERSON.   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

22.       (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

23.       (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.

24.       (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.

25.       (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.

26.       (38) All advertising signs/structures being the subject of a separate development application.

27.       (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.

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

29.       (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.

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

31.       (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.

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

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

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

35.       (124) Submission of a Waste Management Plan detailing the types and approximate quantities of weekly waste produced on site, whether it is liquid, solid or gas; and the collection and disposal agreements for all recyclable materials including paper, cardboard, metal, oil, aluminium, P.E.T. and glass.

36.       (125)  Submission of a Waste Management Plan for the disposal of all waste material, spoil and excavated material.  The Waste Management Plan shall be submitted PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE.

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.

Tree Assessment Conditions

39.       The proposed Landscape Plan must be amended Prior to issue of the Construction Certificate to show the following changes to the pedestrian footpath in Goodlet Reserve.         The existing path must be retained from the east side of the Reserve until R.L 72.27 on the Survey Plan. From this point it must be directed centrally between the Jacaranda tree   shown at RL 71.10 and the Plum pine shown at RL 70.96.  The pedestrian Path leading into        the rear of the proposed complex from Goodlet Reserve must have a setback distance of at           least 3 m from the edge of the trunk of the Brushbox tree at ground level. All changes to the             pedestrian path must be completed prior to commencement of any further works.

40.       The proposed Landscape Concept Plan must be amended to show the above-mentioned changes prior to issue of the construction Certificate.

41.       No drainage lines are allowed in Tree Protection Areas. The sub surface drainage lines shown to be within the Tree Protection Zone of the three (3) trees located in the southwest corner of the allotment must be deleted from the drainage Plan.  

42.       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.       Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune trees to be removed or pruned for construction.

44.       Pruning of publicly owned trees shall only be undertaken by Council’s arborists.

45.       Irrespective of this consent permission from Council must be obtained for the pruning of any trees not designated for removal, including the cutting of any tree roots greater than 40 mm in diameter.

46.       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.

47.       A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 2 m from the trunk of the Cape chestnut street tree and the Casuarina tree located at the front of the allotment. 

48.       A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 5 m distance from the trunks of the following trees; the two (2) Blackbutt trees and one (1) Brushbox tree located in the southeast corner of the site. 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 areas shall remain undisturbed, save excavation for the 0 -2 Play Area, this excavation is allowed.

49.       A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 6 m distance from the trunk of the Sydney blue gum tree located at the rear of the site and standing adjacent to the dividing fence. The fenced areas shall not be used for the storage of building materials, machinery, site sheds and the soil levels within the fenced area shall remain undisturbed.

50.       A waterproof sign must be placed at 3 m intervals on each tree protection zone 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.

51.       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.

52.       Footing, trench, or excavation that is within 3 m of any tree greater than 4 m in height including neighbouring trees must be dug using hand held tolls only with no tree roots greater than 40mm diameter to be damaged or severed.

53.       There must be no soil disturbance within the tree protection zones, including any activities associated with construction or excavation for drainage and other service lines save Landscaping works.  All Landscaping works within Tree Protection zones must be carried out using hand tools only. No bulk or strip excavation is permitted in Tree Protection Zones except for the 0-2 Play Area.

54.       There must not be any stockpiling of building materials or other materials or dumping of refuse within the approved tree protection zones of the trees shown on the approved landscape plan to be retained.

55.       There is to be no strip or bulk excavation to occur within 5 m distance of any tree greater than 4 m tall, including trees on neighbouring properties.

56.       Any exposed roots on the soil surface along any trench line must be protected by covering with geo textile fabric that must be kept moist at all times. 

Environmental Health Conditions for Food Premises – Child Care Centre and Community Facility

57.       Construction and Fit out of Food Premises

      To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:-

a)   Food Act 2003 & Food Regulations 2004.

b)   Food Safety Standards 3.1.1, 3.2.2, 3.2.3.

c)   Sydney Water Corporation – Trade Waste Section.

d)   The Protection of the Environment Operations Act 1997.

e)   Australian Standard AS 1668 Part 1 & 2.

f)    The Building Code of Australia.

58.       The design and construction of food premises must comply with the following requirements, as applicable:-

·           The floors of kitchen, food preparation and storage areas are to be constructed of materials which are impervious, non slip and able to be easily and effectively cleaned. The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  Coving should be installed at floor/wall joins to allow for cleaning.

·           Walls and ceilings are to be solidly constructed to prevent harbourage of pests.  They are to be finished with impervious sealed materials, which are able to be easily and effectively cleaned. 

·           All fixtures and fittings, such as food preparation benches and cooking equipment, are to be moveable, or built in to walls and floors to prevent harbourage of pests and allow for cleaning.

·           Cupboards, cabinets, benches and shelving are to be smooth and impervious and may be glass, metal plastic, timber sheeting (sealed) or other approved material. The use of particle board or similar material is not permitted unless laminated on all surfaces.

·           To ensure that adequate provision is made for ventilation of the premises, mechanical and/or natural ventilation systems shall be designed, constructed and installed in accordance with the provision of:-

a)         The Building Code of Australia.

b)         AS 1668 Part 1 and 2 – 1991.

c)         Protection of the Environment Operations Act 1997.

·           A designated hand washbasin is required in the kitchen, with hot and cold water through a single outlet and provided with liquid soap and paper towels.

·           A portable digital thermometer accurate to +/- 1 degree Celsius is required for use in the premises in addition to temperature measuring devices attached to equipment.

59.       Food Shop Notification Requirement

Occupation of the premises shall not occur until:-

a)         Notification of the business details has been forwarded to the NSW Food Authority.  This requirement may be met through the following website: http://www.foodnotify.nsw.gov.au.

60.       Final Inspection (Food Premises)

A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before the issuing of the occupation certificate.

B.        Noise

61.       Proposed use and Operation of Plant and Equipment

The proposed use of the premises and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units) shall not give rise to an 'intrusive or offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations, and the New South Wales EPA’s Industrial Noise Policy (January 2000).

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

Additional Conditions

·   The floors of the units and Child Care centre should have a Ln, Tw+Ci rating of 50dB or lower;

·   The window glazing along the sides of the internal play activity area should have a minimum Rw rating of 27 dB, with minimum Rw ratings of 23 dB acceptable elsewhere;

·   A 1.8m high fence installed along the north eastern side of the external activity area with the outdoor area of the proposed units and along the rear boundary with the existing block of units.  The fences must have a Rw rating of 25dB o greater;

·   Units overlooking the external activity area must have 1.6m high barriers installed to the balconies;

·   Units overlooking the external activity area need to keep windows closed;

·   Windows and internal doors of the childcare centre must remain closed;

·   Appropriate signage installed to inform staff, parents and guardians to arrive and depart in a quiet and orderly manner with consideration for neighbours;

·   Active involvement of staff to regulate the noise levels from children playing in the external educational play activity area.

Traffic Conditions from Lane Cove Traffic Committee

62.       Construction Management Plan: A Construction Management Plan is to be lodged with Council’s Traffic Section for consideration by the Lane Cove Traffic Committee prior to the issuing of a Construction Certificate. Comments from the Traffic Committee could impact on the builder’s construction methodology. The Construction Management Plan should address issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles at the site, parking of vehicles associated with the construction, and any impacts on public transport, cyclists and pedestrians. Requests for any road occupancy certificate, including Work Zones, Permits to Stand Plant and Permits to Place Materials on the Footpath, should be considered as part of this process.

63.       Mechanical Vehicle Stackers: A caveat is to be placed on the proposed mechanical vehicle stacker that requires repairs to be undertaken within 24 hours of a breakdown. 

64.       Car parking: The layout and dimensions of the proposed basement car park is to comply with AS2890.1 – Off-Street Car Parking. The adjacent car park area, outside of the basement is to comply with AS2890.2, to accommodate the bus movements. The proposed disabled car space is to comply with AS2890.6, specifically Figure 2.2. 

65.       Child Care Parking Zone: A 15 Minute drop off/pick up zone should be provided in Stokes Street, outside the development, to cater for the Child Care Centre. The zone is to be 12 metres in length and is to operate at the start/finish times (approx. 7am-9am and 4pm-6pm, weekdays) of the child care centre. The signage is to be installed prior to the issue of the Occupation Certificate. The cost for signage is to be borne by the applicant.

Engineering Conditions

66.       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.

67.       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. 

(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.

68.       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.

69.       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.

70.       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.

71.       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’.

72.       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.

73.       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.

74.       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.

75.       Safety fence along the boundary of the property: Before commencement of any works, barrier or temporary fencing is to be provided along the full frontage of the property. This fence is for the safety of pedestrians on the public footpath.

76.       Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

77.       On-Site Stormwater Detention System - Marker Plate.  The on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s DCP-Stormwater management. An approved plate may be purchased from Council's customer service desk.

78.       On-Site Stormwater Detention Tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

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

80.       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.

Engineering Conditions to be Complied with Prior to Construction Certificate

81.       Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan SY060452 pages H2.01 issue B H1.01 & H2.02 issue A prepared by ACOR Consultants dated December 07.

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the Construction Certificate.

82.       Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to cover the registration of a Positive Covenant over the on site detention system. Lodgement of this bond is required prior to the issue of the Construction Certificate.

83.       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

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

The applicant shall:-

(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 principle certifying authority prior to the issue of the Occupation Certificate.

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

85.       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:

­        Turning circles for access to all parking spaces.

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

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

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

86.       Car parking Certification: The plans and supporting calculations of the internal driveway, turning areas, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifying Authority. 

The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.  

87.       Replacement of Vehicular Crossing. The vehicular crossing servicing the property shall be reconstructed prior to the issue of the Occupation Certificate as it does not meet Council’s current standards. The vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of commercial 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.

88.       Council Infrastructure Damage Bond: The applicant shall lodge with Council a $10,000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

Engineering Condition to be Complied with Prior to Commencement of Construction

89.       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 numbered H1.01 issue A prepared by ACOR Consultants and dated December 07.The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied with Prior to Occupation Certificate

90.       Positive Covenant OSD: Documents giving effect to the creation of a positive covenant over the on site detention system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The wording of the terms of the positive covenant shall be in accordance with Council’s DCP-Stormwater management.

91.       Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, Council’s DCP-Stormwater management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:-

(a)  be signed by a registered surveyor; and

(b)  Clearly show the surveyor’s name and the date of signature.

All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.

92.       Redundant Gutter Crossing: All redundant gutter and footpath crossings shall be removed and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation Certificate.

 

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).

 

 

Notice of Motion No. 9

SUBJECT: Citizenship Ceremony

286

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

1.   Adopt a policy of including descendants of traditional owners and/or in their absence representative(s) of traditional owners in all future Council Citizenship Ceremonies;

2.   Notify the Lane Cove Residents for Reconciliation of our new policy and request their involvement in all future Citizenship Ceremonies to facilitate resolution 1; and

3.   Advise NSROC and recommend that the members of NSROC consider implementing a similar policy, if no policy currently exists.

 

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 - 16 AUGUST 2010

287

RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 16th August 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).

288

RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 16th August 2010 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 


 

Corporate Services Division Reports

 

Corporate Services Division Report No. 49

SUBJECT: NSW Local Government Aboriginal Network (LGAN) 23rd Annual Conference

289

RESOLVED on the motion of Councillors Smith and Tudge that Councillor Bennison be sent as a delegate to the NSW Local Government Aboriginal Network’s 23rd Annual Conference on Tuesday 15th September 2010.

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

290

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

 

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. 50

SUBJECT: Issues Paper on Public Funding of Local Government Election Campaigns

291

RESOLVED on the motion of Councillors Palmer and Tudge that Council make the following submission to the Joint Standing Committee on Electoral Matters:-

(a) In regard to Question 4 on the issues paper, that it does not support local councils being responsible for the public funding of local government election campaigns;

 

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).

 

(b) In regard to Question 7 on the issues paper, that Council supports

(i)   the division of the LGA into wards as effective in reducing candidate electoral expenditure; and

 

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).

 


 

 

(ii)    the election of the mayor by councillors, rather than by popular vote, as effective in reducing candidate electoral expenditure.

 

For the Motion were Councillors Bennison, Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 6).

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

 

 

Corporate Services Division Report No. 51

SUBJECT: Policy on Payment of Expenses and Provision of Facilities to Councillors

292

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

1.   The amended Policy on Payment of Expenses and Provision of Facilities to Councillors dated 26th August 2010 be endorsed; and 

2.   A copy of the Policy on Payment of Expenses and Provision of Facilities to Councillors be sent to the Division of Local Government in accordance with legislative requirements.

 

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. 35

SUBJECT: Jemena Gas Primary Regulating Station

293

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

1.      Receive and note the report.

2.      Acknowledge that Jemena Gas Networks have nominated the Orion Road site as their preferred location for the new Gas Primary Regulating Station.

3.      Write to and thank Jemena Gas Networks for the extensive investigations they have undertaken in preferring the Orion Road site as the location for their new Gas Primary Regulating Station.

4.      Assist Jemena Gas Networks in arranging for the necessary traffic controls and roadwork permits with respect to the construction of the Orion Road Gas Primary Regulating Station.

5.      Inform resident groups and nearby residents of the outcome of 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 Reports

 

Environmental Services Division Report No. 32

SUBJECT: Egg Labelling and Certification

294

RESOLVED on the motion of Councillors Longbottom and Forrest that Council receive and note the report and advise the six retailers not offering non caged options that the public will be notified of which retailers offer non caged options.

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

295

RESOLVED on the motion of Councillors Bennison and Smith that Services and Resources be brought into Open Council.

 

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

Against the Motion was Nil (Total 0).

  

CONFIRMATION OF MINUTES OF Services and Resources - 16 AUGUST 2010

296

RESOLVED on the motion of Councillors Mcilroy and Tudge that the minutes of the Services and Resources held on the 16 August 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).

297

RESOLVED on the motion of Councillors Mcilroy and Tudge that the minutes of the Services and Resources held on the 16 August 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).

 

General Managers Reports

 

General Managers Report No. 14

SUBJECT: Monthly Review for July 2010

298

RESOLVED on the motion of Councillors Smith and Mcilroy that the information be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 36

SUBJECT: The Lane Cove Traffic Committee Meeting Held Tuesday 17th August 2010

299

RESOLVED on the motion of Councillors Smith and Mcilroy that  Council receive and note the recommendations of the Lane Cove Traffic Committee Meeting held Tuesday 17th August 2010.

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 37

SUBJECT: Lane Cove Bicycle Advisory Committee Meeting Held Tuesday 13th July 2010

300

RESOLVED on the motion of Councillors Smith and Mcilroy that Council receive and note the recommendations of the Lane Cove Bicycle Advisory Committee meeting of Tuesday 13th July 2010.

 

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

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 7:50pm.

 

Confirmed at the Ordinary Council Meeting of 20th September 2010, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

********* END OF MINUTES *********