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Minutes

Ordinary Council Meeting

20 September 2010, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 20 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 and Director – Major Projects.

 

DECLARATIONS OF INTEREST:    Councillor Gaffney declared a Non Pecuniary Conflict of Interest in Environmental Services Division Report No. 337, 26 River Road West, Longueville as she has known the applicant in a professional capacity for many years.  She indicated she would not speak or vote.

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by the General Manager, Mr Peter Brown.

 

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

SUSPENSION OF STANDING ORDERS

301

RESOLVED on the motion of Councillors Tudge and Smith that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

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

Against the Motion was Nil (Total 0).

 

Mr Ben Aquilina - seeking support for a photography competition to promote “community.”

 

Mr Ken Ebeling - in relation to Environmental Services Division Report No. 337, against the existing proposal for a roller door, requesting the reinstatement of the Jacaranda Tree, raised issues with the survey as submitted, and requested the installation of a drainage system for the property.

 

Mrs Margaret Radford – 5/26-30 Huxtable Avenue – in relation to the impact of a storm in February 2010 on her property in particular the flooding of the garage and requesting kerb gutters be installed in the surrounding streets to address the matter.

 

Mr Paul Norman – on behalf of the owners of 26 River Road West – indicating agreement to the proposed conditions of consent, requesting the revised proposal for a roller door submitted today be considered and indicating the Jacaranda Tree will be replaced with a native tree.

 

Mr Jonathon Dickson – owner 6 Innes Road – in support of the application and indicating the car port has been removed from the application.

 

Mr Michael Chatfield – 8 Innes Road – in opposition to the application, and indicating that the entire carport has not been completely removed, the slab and a wall remain.

 

Glen Pearson – applicant for 6 Innes Road – indicating the carport has been removed, the hardstand remains and there are no walls.

 

 

 

Resumption of Standing Orders

302

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).

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 6 SEPTEMBER 2010

303

RESOLVED on the motion of Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 6th September 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).

304

RESOLVED on the motion of Smith and Palmer that the minutes of the Ordinary Council meeting held on the 6th September 2010 be confirmed subject to Min No. 291, part (b)(i) being amended to read:-

(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).

 

 

Reports Of Committees

 

Report Of Committees No. 38

SUBJECT: Inspection Committee - 18 September 2010

305

RESOLVED on the motion of Councillors Bennison and Forrest that the Minutes of the Inspection Committee held on 18th September 2010 be received and noted.

 

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

Against the Motion was Nil (Total 0).

 


 

Referred Reports FROM Inspection Committee 18 September 2010

 

Environmental Services Division Report No. 337

SUBJECT: 26 River Road West, Longueville

 

The Mayor, Councillor Gaffney reaffirmed her declaration of interest and left the chamber. The Deputy Mayor, Councillor Palmer assumed the Chair.

MOTION

A motion was moved by Councillors Tudge and Mcilroy that pursuant to section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred development consent to Development Application 11/10 for alterations and additions to the basement floor level and front, rear and side fences; a swimming pool and a retaining wall on Lot A DP 385098 and known as 26 River Road West, Longueville subject to the following:-

A.  The submission of a report prepared by a geotechnical engineer that ensures that there is no impact caused by the proposed pool excavation on the structural stability of the cave/overhang located at the rear of the site.

Documentary evidence as requested above is to be submitted to Council within twelve (12) months of the granting of this deferred commencement consent. The approval cannot commence until Council has provided written confirmation that the information requested has been provided and is satisfactory to accommodate the proposed pool structure and not impact on the cave/ overhang.

Subject to A. above being satisfied, a development consent and plans be issued subject to the following conditions:

Plans

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

·        P1B, P2C, P3B and P4A, dated December 2009 and as amended up to 8.7.10; and           

·        P6, dated July 2010, by Right Angle Drafting except as amended by the following conditions.

Specific

2.      In order to prevent any new work encroaching outside of the site, including into the adjoining reserve, all new work is to be located wholly within the subject site. Proof by survey to be submitted at the time of construction of the rear retaining wall and fence confirming that there is no encroachment upon Council’s reserve.

3.      No approval is granted, or implied, for a shade sail in conjunction with the swimming pool. Any such structure, wherever located on the site, is to be the subject of a separate application.

4.      The roller shutter door is to be built in accordance with the plans submitted to Council on 20 September, 2010 subject to it being setback 1590mm from the boundary to allow for a vehicle to stand fully off the River Road West carriageway while waiting for the door to operate. The fence in this section to be modified as required to accommodate the roller shutter.

5.      The privacy screen proposed on the western side of the pool to be deleted.

 

 

Bushfire

(i)  Asset Protection Zones

6.      At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 (ii)  Design and Construction

7.      The existing building on the subject site is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen.  Where applicable, this includes any sub floor areas, openable windows, doors, vents, weepholes and eaves.

8.      New construction shall comply with Australian Standard AS3959-1999 'Construction of buildings in bush fire-prone areas' Level 3.

9.      There is to be no exposed timber as part of any new construction.

10.    Structure and shade materials shall be non-combustible or have a Flammability Index of no greater than 5 when tested in accordance with Australian Standard AS1530.2-1993 'Methods for Fire Tests on Building Materials, Components and Structures - Test for Flammability of Materials'.

11.    Roofing for the entire dwelling shall be gutterless or guttering and valleys are to be screened to prevent the build up of flammable material. Any materials used shall have a Flammability Index of no greater than 5 when tested in accordance with Australian Standard AS1530.2-1993 'Methods for Fire Tests on Building Materials, Components and Structures - Test for Flammability of Materials'.

General

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

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

14.    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.

15.    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.

16.    An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house and swimming pool.

17.    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.

18.    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.

19.    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.

20.    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.

21.    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.

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

23.    The swimming pool being surrounded by a fence:-

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

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

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

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

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

 

 

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

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

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

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

27.    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.

28.    All timbers complying with Timber Framing Code AS 1684-79.

29.    All glazing is to comply with the requirements of AS 1288.

30.    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.

31.    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.

32.    An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

This requirement is satisfied by:-

a)      Smoke alarms installed in -

i)       Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

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

b)      Smoke alarms complying with AS 3786.

c)      Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

Location – Class 1a buildings (dwellings)

Smoke alarms must be installed in a Class 1a building on or near the ceiling in-

a)      any storey containing bedrooms-

i)       between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

ii)      where bedrooms are served by a hallway, in that hallway; and

b)      any other storey not containing bedrooms.

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

34.    The demolition works being confined within the boundaries of the site.

35.    The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

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

37.    All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

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

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

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

41.    Pedestrians' portion of footpath to be kept clear and trafficable at all times.

42.    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.

43.    It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

44.    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.

Landscape

45.    The submission of a landscape plan prepared by a suitably qualified horticulturalist / landscape architect that provides details of landscaping in the area between the swimming pool and the site’s rear boundary, and that this plan only includes only those species indigenous to Warraroon Reserve.

46.    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 dollars ($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.

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

48.    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.

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

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

51.    Any weeds in the bushland area lists under the Noxious Weeds Act must be continually eradicated using suitable bush regeneration methods ensuring there is no long term re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

52.    Rubbish must be stored in sealed in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

53.    There must not be any access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

54.    A 1.8 m high fence of chain mesh must be erected at least 2.4m radial distance from the trunk of the 2 Jacaranda trees growing in the neighbouring property. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

         A waterproof sign must be placed on every second panel 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.

         Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work.

 

55.    There is to be no build-up of soil behind the retaining wall higher than the 44.5m contour line. This soil must be consolidated and covered immediately to ensure that it does not wash off the site into the reserve below. A suitable geo-textile is to be used and suitable vegetation can be planted into it.

General Engineering Conditions

56.    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.

57.    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.

58.    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.

59.    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.

60.    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.

61.    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.

62.    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’.

63.    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.

Engineering Conditions to be complied with prior to Construction Certificate

64.    Council Construction Requirement: The applicant shall construct a new concrete footpath from the existing footpath to the boundary of the property where the new pedestrian access point to the dwelling is proposed. The new footpath slab needs to match the existing footpath and boundary levels. The existing retaining wall also needs to be amended to match the new finished level of the footpath slab. 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 footpath shall be completed prior to the issue of the Occupation Certificate

 

 

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

The existing stormwater system is to be certified that it is in good working order and 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.

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

The applicant shall:-

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

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

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

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

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

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

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

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

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

 

 

68.    Design of pool structure: The proposed concrete pool is to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

69.    Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

Engineering Conditions to be complied with prior to Commencement of Construction

70.    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 P5. The devices shall be maintained during the construction period and replaced when necessary.

Engineering condition to be complied with prior to Occupation Certificate

71.    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. 

 

AMENDMENT

An Amendment was moved by Councillors Smith and Brooks-Horn that pursuant to section 80(3) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants a deferred development consent to Development Application 11/10 for alterations and additions to the basement floor level and front, rear and side fences; a swimming pool and a retaining wall on Lot A DP 385098 and known as 26 River Road West, Longueville subject to the following:-

A.     The submission of a report prepared by a geotechnical engineer that ensures that there is no impact caused by the proposed pool excavation on the structural stability of the cave/overhang located at the rear of the site.

Documentary evidence as requested above is to be submitted to Council within twelve (12) months of the granting of this deferred commencement consent. The approval cannot commence until Council has provided written confirmation that the information requested has been provided and is satisfactory to accommodate the proposed pool structure and not impact on the cave/ overhang.

Subject to A. above being satisfied, a development consent and plans be issued subject to the following conditions:

 

 

Plans

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

·     P1B, P2C, P3B and P4A, dated December 2009 and as amended up to 8.7.10; and  

·     P6, dated July 2010, by Right Angle Drafting except as amended by the following conditions.

Specific

2.      In order to prevent any new work encroaching outside of the site, including into the adjoining reserve, all new work is to be located wholly within the subject site. Proof by survey to be submitted at the time of construction of the rear retaining wall and fence confirming that there is no encroachment upon Council’s reserve.

3.      No approval is granted, or implied, for a shade sail in conjunction with the swimming pool. Any such structure, wherever located on the site, is to be the subject of a separate application.

4.      The roller shutter door is to be built in accordance with the plans submitted to Council on 20 September, 2010 subject to it being setback 1590mm from the boundary to allow for a vehicle to stand fully off the River Road West carriageway while waiting for the door to operate. The fence in this section to be modified as required to accommodate the roller shutter.

4a.    The entire driveway from the kerb at River Road West to the property boundary is to be widened to 4.3m. The front fence to be modified as required to accommodate the increased width.

5.      The privacy screen proposed on the western side of the pool to be deleted.

Bushfire

(i)  Asset Protection Zones

6.      At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

(ii)  Design and Construction

7.      The existing building on the subject site is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen.  Where applicable, this includes any sub floor areas, openable windows, doors, vents, weepholes and eaves.

8.      New construction shall comply with Australian Standard AS3959-1999 'Construction of buildings in bush fire-prone areas' Level 3.

9.      There is to be no exposed timber as part of any new construction.

10.    Structure and shade materials shall be non-combustible or have a Flammability Index of no greater than 5 when tested in accordance with Australian Standard AS1530.2-1993 'Methods for Fire Tests on Building Materials, Components and Structures - Test for Flammability of Materials'.

11.    Roofing for the entire dwelling shall be gutterless or guttering and valleys are to be screened to prevent the build up of flammable material. Any materials used shall have a Flammability Index of no greater than 5 when tested in accordance with Australian Standard AS1530.2-1993 'Methods for Fire Tests on Building Materials, Components and Structures - Test for Flammability of Materials'.

General

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

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

14.    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.

15.    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.

16.    An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house and swimming pool.

17.    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.

18.    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.

19.    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.

20.    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.

21.    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.

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

23.    The swimming pool being surrounded by a fence:-

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

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

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

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

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

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

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

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

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

27.    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.

28.    All timbers complying with Timber Framing Code AS 1684-79.

29.    All glazing is to comply with the requirements of AS 1288.

30.    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.

31.    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.

32.    An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

         This requirement is satisfied by:-

a)      Smoke alarms installed in -

i)       Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

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

b)      Smoke alarms complying with AS 3786.

c)      Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

Location – Class 1a buildings (dwellings)

Smoke alarms must be installed in a Class 1a building on or near the ceiling in -

a)      any storey containing bedrooms -

i)    between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

ii)   where bedrooms are served by a hallway, in that hallway; and

b)      any other storey not containing bedrooms.

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

34.    The demolition works being confined within the boundaries of the site.

35.    The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

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

37.    All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item.

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

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

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

41.    Pedestrians' portion of footpath to be kept clear and trafficable at all times.

42.    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.

43.    It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

44.    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.

Landscape

45.    The submission of a landscape plan prepared by a suitably qualified horticulturalist/landscape architect that provides details of landscaping in the area between the swimming pool and the site’s rear boundary, and that this plan only includes only those species indigenous to Warraroon Reserve.

46.    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 dollars ($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.

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

48.    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.

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

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

51.    Any weeds in the bushland area lists under the Noxious Weeds Act must be continually eradicated using suitable bush regeneration methods ensuring there is no long term re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

52.    Rubbish must be stored in sealed in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

53.    There must not be any access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

54.    A 1.8 m high fence of chain mesh must be erected at least 2.4m radial distance from the trunk of the 2 Jacaranda trees growing in the neighbouring property. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

         A waterproof sign must be placed on every second panel 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.

         Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work.

55.    There is to be no build-up of soil behind the retaining wall higher than the 44.5 m contour line. This soil must be consolidated and covered immediately to ensure that it does not wash off the site into the reserve below. A suitable geo-textile is to be used and suitable vegetation can be planted into it.

General Engineering Conditions

56.    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.

57.    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.

58.    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.

59.    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.

60.    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.

61.    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.

62.    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’.

63.    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.

Engineering Conditions to be complied with prior to Construction Certificate

64.    Council Construction Requirement: The applicant shall construct a new concrete footpath from the existing footpath to the boundary of the property where the new pedestrian access point to the dwelling is proposed. The new footpath slab needs to match the existing footpath and boundary levels. The existing retaining wall also needs to be amended to match the new finished level of the footpath slab. 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 footpath shall be completed prior to the issue of the Occupation Certificate

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

The existing stormwater system is to be certified that it is in good working order and 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.

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

The applicant shall:-

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

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

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

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

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

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

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

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

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

68.    Design of pool structure: The proposed concrete pool is to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

69.    Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

Engineering Conditions to be complied with prior to Commencement of Construction

70.    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 P5. The devices shall be maintained during the construction period and replaced when necessary.

Engineering condition to be complied with prior to Occupation Certificate

71.    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

306

RESOLVED on the motion of Councillors Forrest and Bennison that Standing Orders be suspended to allow the applicant to be consulted on the proposed condition 4(a).

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Gaffney (Total 1).

 


 

Resumption of Standing Orders

307

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

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Gaffney (Total 1).

 

The Amendment was put to the vote.

 

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

Against the Amendment were Councillors Forrest, Mcilroy, Palmer and Tudge (Total 4).

Absent was Councillor Gaffney (Total 1).

The voting being equal, the Deputy Mayor exercised a casting vote against the amendment and declared it lost.

 

The Motion was put to the vote.

 

 

308

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

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

Absent was Councillor Gaffney (Total 1).

The voting being equal, the Deputy Mayor exercised a casting vote in favour of the Motion and declared it carried.

 

The Mayor, Councillor Gaffney, returned to the chamber and resumed the Chair.

 

Orders Of The Day

 

Order Of The Day No. 17

SUBJECT: Council and Committee Meeting Schedule - October 2010

309

RESOLVED on the motion of Councillors Mcilroy and Brooks-Horn that the Council and Committee Meeting Schedule for October 2010 be adopted, with it being noted Councillor Smith will be an apology for the Inspection Committee on the 30th October 2010, if it is held.

 

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. 16

SUBJECT: Request for Assistance MAD Challenge

310

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

1.   Receive and note the report;

2.   Thank Ben Aquilina for his endeavours to positively make a difference to our local community; and

3.   Communicate to Ben Aquilina its offer of assistance, particularly in relation to the display of winning entries.

 

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. 13

SUBJECT: Meeting House Redevelopment - Stage 2

311

RESOLVED on the motion of Councillors Smith and Mcilroy that  Council authorise the General Manager to progress Stage 2 of Meeting House with a view of calling open tenders by the end of 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

312

RESOLVED on the motion of Councillors Smith and Tudge that Environmental Services Division Report No. 382 be 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. 382

SUBJECT: 6 Innes Road, Greenwich

313

RESOLVED on the motion of Councillors Smith and Forrest 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 for the demolition of an existing single detached garage, extension of the rear terrace on the ground level, and conversion of part of the lounge area to a front balcony on the first floor of the dwelling house and construction of a double hardstand carspace and fence at the front of the property on Lot B, DP 377606 and known as 6 Innes Road, Greenwich subject to the following conditions:-

General Conditions

1.         That the development be strictly in accordance with the following drawings dated 08/07/10, prepared by Zone Architects except as amended by the following conditions:-

-        Ground Floor Plan, DA.03, Issue 02;

-        First Floor Plan, DA.04, Issue 02;

-        Roof Plan, DA.05, Issue 02;

-        North Elevation, DA.06, Issue 02;

-        South Elevation, DA.07, Issue 02;

-        West Elevation, DA.08, Issue 03;

-        FF Terrace Section, DA.09, Issue 01;

-        Carport Section, DA.10, Issue 02; and

-        Proposed Front Fence, DA.11, Issue 02.

1a.       A privacy screen at a height of 1800mm from the finished floor level of the rear terrace on the ground floor level must be erected at the western edge of the terrace on the western elevation.

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

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

4.         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.

5.         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.

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

7.         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.

8.         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.

9.         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.

10.       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.

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

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

b)   All reinforcement prior to filling with concrete.

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

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

e)   Installation of steel beams and columns prior to covering

f)    Stormwater drainage lines prior to backfilling

g)   Completion.

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

13.       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.

14.       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.

15.       The proposed works must be confined within the boundaries of the site.

16.       The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

17.       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.

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

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

 

20.       Compliance with the Waste Management Plan submitted with the development application.

21.       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.

22.       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.

23.       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.

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

General Engineering Conditions

25.       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.

26.       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. 

27.       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.

 

28.       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.

29.       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.

30.       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.

31.       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’.

32.       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.

33.       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.

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

Engineering Conditions to be Complied with prior to Construction Certificate

35.       Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management.

The existing stormwater system is to be certified that it is in good working order and 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.

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

 

 

37.       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, car parking, 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 carport shall be determined by Council.

38.       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.

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

Engineering Condition to be Complied with prior to Commencement of Construction

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

Engineering Condition to be Complied with prior to Occupation Certificate

41.       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. 

42.       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.

Landscaping Conditions

43.       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.

44.       The applicant must obtain a Tree Preservation Order Work Authority from Council prior to pruning or removal of any tree/s including the cutting of any tree roots greater than 40 mm in diameter, unless authorised by the granting of this development consent.

45.       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.

46.       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.

47.       A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 2.4m from the trunk of the two (2) Liquidambar street trees. 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.

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

49.       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.

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

 

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

314

RESOLVED on the motion of Councillors Tudge and Smith that the Services and Resources Committee Items be brought forward into Council and be dealt with as the last item.

 

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. 12

SUBJECT: Procedures for Election of Mayor and Deputy Mayor and Councillor Representation on Council's Committees

 

MOTION

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

  1. The incumbent Mayor and Deputy Mayor seeking reelection as either the Mayor or Deputy Mayor speak to the gallery for no more than 3 minutes:

a)      Why they should be elected as Mayor or Deputy Mayor?

b)      In the preceding 12 months what are some of the achievements that they have brought to Lane Cove residents in their position as either Mayor or Deputy Mayor?

c)      What are some of their strategic goals for Lane Cove for the next 12 months?

  1. Other Councilors that have nominate for the position as Mayor or Deputy Mayor speak to the gallery for no more than 3 minutes:

a)      Why they should be elected as Mayor or Deputy Mayor?

b)      What are some of their strategic goals for Lane Cove for the next 12 months?

  1. The General Manager prepare a report just prior to next Mayor and deputy Mayor elections listing the following:

a)      If the Mayor has achieved the goals stated in 1(c) and 2(b),

b)      Total remuneration paid to the Mayor and Deputy Mayor,

c)      Total cost of all seminars and conferences attended by the Mayor and Deputy Mayor excluding the LGA annual conference

d)      The number of motions brought by the Mayor and Deputy Mayor excluding reports tables from attendances at seminars and/or conferences.

4.   Council conduct the Election for Mayor and Deputy Mayor for the next 12 months.

5.   If more than two nominations are received for Mayor or Deputy Mayor, the election is to proceed by open voting.

6.   Consideration of Councillor Representation on Council Committees for the next 12 months take place following the election.

 

 

AMENDMENT

An Amendment was moved by Councillor Palmer and Forrest that:-

1.   Council conduct the Election for Mayor and Deputy Mayor for the next 12 months.

2.   If more than two nominations are received for Mayor or Deputy Mayor, the election is to proceed by open voting.

3.   Consideration of Councillor Representation on Council Committees for the next 12 months take place following the election.

 

 

The Mayor put the Amendment to the vote and declared it carried.

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

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

 


 

315

The Amendment became the Motion, was put to the vote and was carried.

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

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

 

ELECTION OF MAYOR FOR 2010/11

Council’s Executive Manager – Corporate Services advised that two nominations were received for the position of Mayor for the next twelve months being Councillors Gaffney and Smith.

Council’s Executive Manager – Corporate Services asked those in favour of Councillor Gaffney to raise their hand, those in favour were Councillors Gaffney, Forrest, Mcilroy, Palmer and Tudge.

Council’s Executive Manager – Corporate Services asked those in favour of Councillor Smith to raise their hand, those in favour were Councillors Bennison, Brooks-Horn Longbottom and Smith.

Council’s Executive Manager – Corporate Services declared Councillor Gaffney elected as Mayor for the next 12 months.

ELECTION OF DEPUTY MAYOR FOR 2010/11

Council’s Executive Manager – Corporate Services advised that two nominations were received for the position of Deputy Mayor for the next twelve months being Councillors Palmer and Brooks-Horn.

Council’s Executive Manager – Corporate Services asked those in favour of Councillor Palmer to raise their hand, those in favour were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge.

Council’s Executive Manager – Corporate Services asked those in favour of Councillor Brooks-Horn to raise their hand, those in favour were Councillors Bennison, Brooks-Horn Longbottom and Smith.

Council’s Executive Manager – Corporate Services declared Councillor Palmer elected as Deputy Mayor for the next 12 months.

Council then considered nominations for representatives on the various Council Committees.

 

 

 

 

2.      Lane Cove Community Aid Board of Directors

Community Aid is an incorporated association which provides direct services to the elderly, disabled and their carers in Lane Cove. The Board meets on the 2nd Thursday of every second month at 7:30am at the Community Aid Centre.

2009/10 Members: Councillors Longbottom and Mcilroy, Brooks-Horn, Palmer.

MOTION

A Motion was moved by Councillors Tudge and Palmer that Councillors Mcilroy and Palmer be Council’s representatives on the Lane Cove Community Aid Board of Directors.

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillors Smith and Bennison that Councillors Longbottom and Palmer be Council’s representatives on the Lane Cove Community Aid Board of Directors.

316

Upon being put to the vote, the Motion was declared carried.

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

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

The Foreshadowed Motion lapsed.

 

 

3.      Metro Pool Board

Metro Pool is made up of seven (7) Councils which self insure against Public Liability claims and purchase excess layers of insurance. The Board comprises of the General Managers and elected members of each member Council and has the responsibility of ratifying decisions made by the Management Committee and ensuring the ongoing viability of Metro Pool. The Board meets quarterly on a Wednesday at 10am at a host council.

2009/10 Members:  Councillor Longbottom with Councillor Bennison as an alternate.

MOTION

A Motion was moved by Councillors Brooks-Horn and Bennison that Councillor Longbottom, with Councillor Bennison as an alternate, be Council’s representatives on the Metro Pool Board.

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillors Palmer and Forrest that Councillor Tudge, with Councillor Bennison as an alternate, be Council’s representatives on the Metro Pool Board.

 

 

 

317

 

The Motion was put to the vote and was declared lost.

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

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

The Foreshadowed Motion became the Motion, was put to the vote and was declared carried.

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

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

 

 

318

RESOLVED on the motion of Councillors Palmer and Forrest that the following nominations for representation on Council Committees be adopted:-

1.   Services and Resources Committee

This Committee deals with the "service" activities and day to day management of resources of the Council, such as finance, traffic and legal services. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets in the Committee Room in the Civic Centre on the first and third Mondays of each month at 8.00pm. The Committee requires a quorum of three (3) Councillors, one (1) from each ward.

Members: The Mayor — Councillor Gaffney, Ex Officio, Councillors Smith, Bennison, Mcilroy and Tudge.

4.      Planning and Building Committee

This Committee has authority to determine development applications as lodged with Council not dealt with under delegated authority by the General Manager. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets in the Council Chambers on the first and third Mondays of each month at 8.00pm. The Committee requires a quorum of three (3) Councillors, one (1) from each ward.

Members: The Mayor — Councillor Gaffney, Ex Officio, Councillors Palmer, Forrest, Brooks-Horn and Longbottom.

5.      Inspection Committee

This Committee of the whole of Council carries out site inspections where it is considered Council should do so, with the majority of inspections being of development application proposals. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets, unless otherwise determined, at 8.30am on the first Saturday of each month, in the Civic Centre car park and then proceeds to inspection of the matters listed on the agenda. The Committee requires a quorum of five (5), with at least one (1) Councillor from each ward.

Members: All Councillors and appropriate staff as determined by the General Manager.

6.      Awards Nomination Committee

This Committee considers nominations for Council's Citizenship Awards, Australia Day Awards and other awards as required and meets in February and March each year. The Meetings are held in the Human Services Meeting Room at 5.30pm.

All Councillors and the General Manager.

7.      Councillor Peer Review Group

Council adopted as part of its Code of Conduct a Peer Review Group to assist in promoting the Code’s behavioural ideals and monitor council’s overall progress in achieving these ideals and provide feedback if necessary.

Members:  Councillors Smith and Palmer.

8.      Publications Editorial Task Force

This Committee provides input from a Councillor's perspective on the draft Quarterly Newsletter to the community, which is prepared by Council staff. The Committee meets on an as required basis in the Committee Room in the Civic Centre at 5pm prior to Council Meetings.

Members: The Mayor - Councillor Gaffney Ex Officio, Councillors Longbottom, Mcilroy, Bennison and Smith and appropriate staff as determined by the General Manager.

Other Committees Involving Council Representation

9.      Internal Audit Committee

The Committee provides independent assurance and assistance to Council on risk management, control, governance, and external accountability responsibilities. The Committee meets quarterly in the General Managers Meeting Room at 3pm on a Wednesday.

Members: Councillor Bennison with Councillor Smith as alternate.

10.  Bushland Management Advisory Committee

This Committee provides advice to the General Manager on bushland management within Lane Cove. The Committee comprises three (3) Councillors, one from each Ward the Manager - Bushland, members of the Community and Representatives of the Lane Cove Bushland and Conservation Society. The Committee meets on the 4th Wednesday of each month at 6:00pm in the Committee Room in the Civic Centre.

Members: Councillors Bennison, Councillor Forrest, Councillor Palmer with Councillor Smith as alternate.

11.  Cameraygal Festival Committee

This Committee is the organising committee for the Cameraygal Festival. The Committee generally meets from February to August and also in November on the 3rd Thursday of the month at 6pm in the Committee Room.

Members: The Mayor - Councillor Gaffney, Ex Officio and Councillor Tudge and any available Councillors may also attend.

12.  Carisbrook Advisory Committee

This committee assists in the administration of Carisbrook House and meets every 6 weeks on Wednesdays at 9am in the Civic Centre.

Member:  Councillor Gaffney.

13.  Central Ward Traffic Consultative Forum

This Working Party meets quarterly to consider traffic issues in Central Ward and to provide advice to Council on those matters. Representation is made up of residents from Central Ward. Central Ward Councillors attend the forum.

Members: The three (3) Central Ward Councillors - Councillors Bennison, Forrest and Smith and the Manager - Traffic.

14.  Centrehouse Management Committee

Centrehouse is a not-for-profit community art and leisure centre offering leisure learning for the community, including various courses for children to adults and facilities for hire. The Management Committee meets the 1st Wednesday of each month at Centrehouse at 5.30pm.

Members: Councillors Bennison and Forrest.

15.  Chatswood South Cemetery Committee

This Committee meets as required on a Wednesday at 4.30pm to inspect the cemetery grounds and organise for any maintenance work to be undertaken. The Committee comprises of the Minister and two (2) parish members Church representatives, three (3) West Ward Councillors, Manager – Open Space and the Manager - Local History and Archives as Council's Archivist.

Members: The three (3) West Ward Councillors Councillors Gaffney, Longbottom and Mcilroy.

16.  Consultation Committee — Metropolitan Local Aboriginal Land Council (Metro) and Lane Cove Council

The purpose of the Committee is to co-ordinate any issues arising from the Agreement concerning Aboriginal land, working together to apply for funding and on joint ventures that foster reconciliation.  The committee meets as required.

Members: The Mayor – Councillor Gaffney Ex Officio and Councillor Longbottom with Councillor  Bennison as an alternate and the General Manager.

17.  Duntroon Avenue Community Liaison Committee

Council as part of its development consent resolved that the developer establish a community liaison committee, to facilitate information flow to the community regarding the development progress, issues and complaint that arise and solutions and remedies initiated. The Committee meets as required.

Members:  The three (3) East Ward Councillors - Councillors Brooks-Horn, Palmer and Tudge.

18.  East Ward Traffic Consultative Forum

This Working Party meets quarterly to consider traffic issues in East Ward and to provide advice to Council on those matters. Representation is made up of residents from East Ward. East Ward Councillors attend the forum.

Members: The three (3) East Ward Councillors —Councillors Brooks-Horn, Palmer and Tudge, and the Manager - Traffic.

19.  Golf Course Advisory Committee

The committee meets to discuss the operation of the Lane Cove Golf Course and provide advice to the General Manager on improvements to the golf course. The Committee meets every second month on a Tuesday at 8am in the Country Club.

Members: The Mayor Councillor Gaffney ex officio, Councillors Bennison, Longbottom and Brooks-Horn.

20.  Gore Hill Memorial Cemetery Trust

The Trust is appointed by the Minister for Lands and is responsible for the care, control and management of Gore Hill Cemetery at St Leonards.  Meets every second month at 6pm on a Thursday.

Member: Councillor Gaffney.

21.  Kindy Cove Management Advisory Committee

This Committee provides advice to the Management of the Long Day Care Centre, from a parent and community perspective. The Committee meets on the 3rd Wednesday of every month at 7.00pm, usually at Kindy Cove.

Member: Councillor Smith with Councillor Palmer as alternate.

22.  Lane Cove Access Committee

The Committee's objectives are to increase and promote general awareness of access, mobility and safety issues in the community and more specifically for people with disabilities and to provide advice on access to public amenities.  The Committee meets on the last Monday of every second month at 10am.

Members: Councillor Mcilroy, with Councillor Palmer as alternate appropriate Council Officers as determined by the General Manager, five (5) representatives of organisations and five (5) community representatives.

23.  Lane Cove Bicycle Advisory Committee

This Committee meets to consider the provision of bicycle facilities in Lane Cove. The Committee meets in the Committee Room in the Civic Centre at 6pm as required.

Members: Councillors Brooks-Horn, Forrest, Mcilroy and Bennison, and any available Councillors may also attend.

24.  Lane Cove Cultural Advisory Committee

This Committee assists in the formulation of cultural planning strategies and initiatives.  The Committee meets quarterly in the Training Room in the Civic Centre at 6.15pm, on the 4th Wednesday of February, May, August and November.

Members: Councillors Tudge and Mcilroy and Council staff as designated by the General Manager.

 

 

 

 


25.  Lane Cove Historical Society

The Society meets on the third Tuesday of each month at 2.30pm excepting December and January in the Cove Room at Council and provides a forum for the promotion and discussion of history in Lane Cove.

Members:  Councillors Gaffney and Palmer.

26.  Lane Cove Occasional Child Care Centre

This Committee considers management issues of the Child Care Centre. The Committee meets on the 3rd Tuesday of each month at 7.30pm in the Centre.

Member: Councillor Palmer

27.  Lane Cove Retirement Units Association Ltd Board

The Association seeks to provide suitable accommodation for aged persons capable of independent living, and manages the land and buildings at Pottery Gardens to this end. Two (2) Councillors are required to be on the Board which meets every second month on a Thursday at 7.30pm.

Members: Councillors Gaffney and Tudge.

28.  Lane Cove Social Development Group

This Group assists in the development and ongoing monitoring of the Social Plan.  It provides a venue for community input into assessing strategies, actions and projects to meet community needs.   The Group meets quarterly – February, May, August, November on the second Wednesday of the month in the Committee Room of the Civic Centre at 6.00pm.

Members: Councillors Forrest, Smith and Tudge, three (3) community representatives and staff as determined by the General Manager.

29.  Lane Cove Sports Committee

This Committee was formed in 1978 to investigate and make recommendations to Council on matters relating to sport and sporting facilities within Lane Cove. The Committee comprises the Mayor as an ex-officio member of the Committee, Councillors and delegates of sporting clubs within Lane Cove. The Committee meets as required, at 7:00pm in the Staff Amenities room at the Civic Centre.

Members: The Mayor – Councillor Gaffney, Ex Officio, Councillors Brooks-Horn, Longbottom and Tudge and staff as determined by the General Manager.

30.  Lane Cove West Traffic Consultative Forum

This Working Party meets quarterly to consider traffic issues in West Ward and to provide advice to Council on those matters. Representation is made up of residents from West Ward. West Ward Councillors attend the forum.

Members: The three (3) West Ward Councillors — The Mayor — Councillor Gaffney, Ex Officio, Councillors Longbottom and Mcilroy, and the Manager - Traffic.

31.  Local History Publications Committee

The Committee members consist of the Manager - Library Services, the Manager - Local History and Archives, at least one (1) Councillor and appropriate experts selected according to subject matter. The Committee helps to plan the publication of papers relevant to the history and development of areas as defined by the Local History Collection. The Committee meets on an as required basis at the Lane Cove Library, meets after hours as required.

Members: The Mayor – Councillor Gaffney, Ex Officio, Councillors Longbottom  and Mcilroy and appropriate staff as determined by the General Manager.

 


32.  Marjorie Propsting Memorial Library Working Party

This Committee reports to, and liaises with, Council on matters affecting Library services at the Marjorie Propsting Memorial Library. The Committee comprises of the Manager - Library Services, one (1) member from Greenwich Library staff, three (3) members of the Greenwich Community Association, one (1) Representative of the Greenwich Kindergarten, one (1) member of the Greenwich Public School P&C Association and one (1) East Ward Councillor. Meets six monthly in the Greenwich Library on a Tuesday at 4pm.

Member: Councillor Palmer.

33.  Northern Sydney Regional Organisation of Councils - (NSROC)

NSROC is a voluntary group of seven (7) Northern Sydney Councils which exist to further the interests of its members and the communities they represent. The NSROC office is currently located at Lane Cove Council. NSROC's long term vision is for sustainable and involved communities having access to services and facilities which fulfil their needs. The member Councils achieve this through optimising resource sharing opportunities, effective and focused lobbying and integrated regional planning. Council is entitled to two (2) voting Councillors and the organisation meets quarterly at 6:00pm on the Second Thursday at a rotating venue.

Members: The Mayor Councillor Gaffney and Councillor Palmer with Councillor Bennison and Councillor Forrest as alternates.

34.  Possums Corner Management Committee

This Committee provides advice to the Management of the Long Day Care Centre, from a parent perspective.  This committee is not an advisory committee of Council.  The Committee meets on the 3rd Wednesday of every month at 7.00pm, at Possums Corner Childcare Centre.

Member: Councillors Bennison and Mcilroy and the Executive Manager – Human Services.

35.  Public Libraries NSW - Metropolitan Association(Inc.)

This is an Association of Library Managers from the Greater Sydney Metropolitan Area. The Association was established to ensure resource sharing programs, and for exchanging ideas. The Committee meets on a quarterly on a Friday at 10am at alternate venues.

Member: The Mayor - Councillor Gaffney and the Manager – Library Services.

36.  Shell Consultative Committee

This Committee is convened by Shell Australia and Council's Representatives include the Mayor, East Ward Councillors and the Manager - Assets. The Committee meets quarterly on a Wednesday at 6.30pm.

 

Members: The Mayor - Councillor Gaffney, Ex Officio, Councillors Palmer, Brooks-Horn and Tudge.


37.  Shorelink Committee

This Committee manages the Shorelink Library Network and was established in 1983. The Committee comprises five (5) Councillors; one (1) from Lane Cove, Manly, Mosman, North Sydney and Willoughby Councils and the Chief Librarian from each of the Councils. This Committee meets five (5) times a year, at 6:00pm, and rotates its venues between Councils.

Members: The Mayor, Councillor Gaffney.

 

38.  Sustainability Advisory Committee

This Committee assists Council in the formulation, prioritisation and implementation of strategies and initiatives to achieve sustainability as primarily set out in the Sustainability Action Plan. The Committee meets on the 3rd Wednesday of every 2nd month at 6pm in the Committee Room.

Members: Councillors Mcilroy, Forrest, Bennison and Tudge.

39.  Willoughby/Ryde/Hunters Hill/Lane Cove District Bushfire Committee

This Committee was established to meet the requirements of the Rural Fires Act in minimising the impact of bushfires on the community. Its functions include approving priorities and locations for hazard reduction works. Representatives are from the four (4) Councils, National Parks and Wildlife Service, NSW Police Service, TollAust and NSW Fire Brigades. The Committee meets every second month at the Ryde SES Main Office during business hours usually on a Thursday morning.

Members:  The Mayor - Councillor Gaffney, Ex Officio with Councillor Forrest as an alternate and staff as determined by the General Manager.

 

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. 52

SUBJECT: Annual Financial Statements for 2009/2010 - Referral for Audit

A revised attachment (AT-1) was circulated at the meeting.

319

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

1.    In respect to Council's General Purpose Financial Reports the following statement be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

       GENERAL PURPOSE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2010

Statement by Councillors and Management made pursuant to section 413 (2)(C) of the Local Government Act 1993 (as amended).

The attached General Purpose Financial Statements for the year ended 30 June 2010, have been drawn up in accordance with:-

·     the Local Government Act 1993 (as amended) and the Regulations made thereunder;

·     the Australian Accounting Standards and professional pronouncements;

·     the Local Government Code of Accounting Practice and Financial Reporting;       

To the best of our knowledge and belief, this Report:-

·     presents fairly the Council's operating result and financial position for the year; and

·     accords with Council’s accounting and other records.

We are not aware of matter that would render this Report false or misleading in any way.

 

 

2.    In respect to Council's Special Purpose Financial Reports, the following statement be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

SPECIAL PURPOSE FINANCIAL STATEMENTS  FOR THE YEAR ENDED 30 JUNE 2010

Statement by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

The attached Special Purpose Annual Financial Statements for the year ended 30 June 2010, have been drawn up in accordance with:-

·      NSW Government Policy Statement "Application of National Competition Policy to

      Local Government"; and

·      Department of Local Government guidelines "Pricing & Costing for Council Businesses: Guide to Competitive Neutrality".

·      The Local Government Code of Accounting Practice and Financial Reporting

To the best of our knowledge and belief, these Reports:-

·      present fairly the Council's operating result and financial position for each of Council’s declared Business Activities for the year; and

·      accord with Council’s Accounting and other records.

We are not aware of any matter that is false or misleading in any way.

3.    Council's Annual Financial Statements for the year ended 30 June 2010 be referred for audit by Council’s Auditors.

 

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. 53

SUBJECT: Savings from Server Consolidation Project

320

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

1.      The report be received and noted; and

2.      Council’s IT staff be congratulated.

 

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. 39

SUBJECT: Award for Tambourine Bay Creek Restoration Project

321

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

1.      Receive and note the report; and

2.      Write to The Gardenmakers congratulating them on winning the Australian Institute of Landscape Designers and Managers 2010 Environmental Design award.

 

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. 35

SUBJECT: Keep Australia Beautiful Sustainable Cities Awards

322

RESOLVED on the motion of Councillors Brooks-Horn and Tudge that Council receive and note the report.

 

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

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 37

SUBJECT: Delegated Authority Report - August 2010

323

RESOLVED on the motion of Councillors Smith and Tudge that the report 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).

 

 

Human Services Division Reports

 

Human Services Division Report No. 30

SUBJECT: Measuring Borrower Satisfaction with the New Lane Cove Library

324

RESOLVED on the motion of Councillors Brooks-Horn and Smith that Council receive and note the Report.

 

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

Against the Motion was Nil (Total 0).

  

 

Services AND RESOURCES COMMITTEE Reports

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 54

SUBJECT: Statement of Investments as at 31 August 2010

325

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

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 55

SUBJECT: Legal Expenses for August 2010

326

RESOLVED on the motion of Councillors Tudge and Smith that the Legal Expenses for August 2010 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).

 

CLOSE

 

The meeting closed at 8.47pm.

 

Confirmed at the Ordinary Council Meeting of 5th October 2010, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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