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Minutes

Ordinary Council Meeting

7 March 2011, 6:40pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 7 March 2011

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, Director – Major Projects and Office Manager – Corporate Services.

 

DECLARATIONS OF INTEREST:

Councillor Mcilroy declared a Pecuniary Conflict of Interest in Report of Committees No. 520, 24 Wallace St Greenwich as he has an association with one of the objectors, and Notice of Motion No. 6, Unformed Section of Caroline Chisholm Lane as he lives in proximity to the developer.  He indicated he would vacate the chamber and not discuss or vote on the items.

Councillor Gaffney declared a Non-Pecuniary Conflict of Interest in Notice of Motion No. 6, Unformed Section of Caroline Chisholm Lane, as she is a member of the JRPP  She indicated she would vacate the chamber and not discuss or vote on the item.

Councillor Brooks-Horn declared a Non-Pecuniary Conflict of Interest  in Notice of Motion No. 5, Lane Cove Community Alliance, as he is a paid member of the Greenwich Community Association and the Lane Cove Community Alliance notes this organisation in its letterhead.  He indicated he would discuss and vote on the item.

Councillor Palmer declared a Non-Pecuniary Conflict of Interest  in Notice of Motion No. 5, Lane Cove Community Alliance, as he is a paid member of the Greenwich Community Association and the Lane Cove Community Alliance notes this organisation in its letterhead.  She indicated he would discuss and vote on the item.

Councillor Smith declared a Non-Pecuniary Conflict of Interest  in Notice of Motion No. 6, Unformed Section of Caroline Chisholm Lane as her mother is a resident of Caroline Chisholm Nursing home.  She indicated she would discuss and vote on the item.

Note:  During the Closed Session of Council Clr Bennison declared a Pecuniary Conflict of Interest  in General Managers Report No. 4 as his business premises adjoins the property in question.  He indicated he would vacate the chamber and not discuss or vote on the item.

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Rev. Jerry Duncan of Lane Cove Uniting Church.

 

CONFIDENTIAL ITEMS

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

 

General Managers Report No. 4

SUBJECT: Valuation Advice - 69 Longueville Road and Consideration of Purchase

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and as it contains details of the valuation and Council's proposed offer, its release would prejudice negotiations.

 

 

No members of the public made representations.

 

PROCEDURAL MOTION

45

RESOLVED on the motion of Councillors Palmer and Bennison that

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

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

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

 

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

Against the Motion was Nil (Total 0).

 

Council moved into Closed Committee at 6:48pm. The public and media left the chamber.

 

Closed Committee commenced.

 

Councillor Scott Bennison left the meeting, the time being 6:49pm

 

Confidential Items

 

General Managers Report No. 4

SUBJECT: Valuation Advice - 69 Longueville Road and Consideration of Purchase

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and as it contains details of the valuation and Council's proposed offer, its release would prejudice negotiations.

 

 

RECOMMENDATION OF CLOSED COMMITTEE

That Council proceed as discussed in Closed Committee.

 

Councillor Scott Bennison returned to the meeting, the time being 7:07pm.

 

PROCEDURAL MOTION

46

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

 

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

Against the Motion was Nil (Total 0).

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

 

WEBCASTING OF COUNCIL MEETING

The Mayor advised those present that the Meeting was being webcast.

 

SUSPENSION OF STANDING ORDERS

47

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

 

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

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Brian McDonald, 46 Gordon Crescent Lane Cove North, opposing the pending decision of the JRPP to allow high density residential development in the Lane Cove North area.

Corinne Fagueret, 2/4 Austin Crescent Lane Cove, opposing Notice of Motion 4. suggesting the topic be constructively debated and opposing Notice of Motion No. 5 and No. 8.

Alice Beauchamp, Little St Lane Cove, in opposition to Notice of Motion No. 4 and suggesting Council make public the letters received by RASAD and the Lane Cove Community Alliance referred to in Notice of Motion No. 5 and No. 8.

Diana Hallows,  Johnston Crescent Lane Cove, objecting to high density housing developments in Lane Cove North.

Clinton Downs,  68 Gordon Cres Lane Cove, expressing concerns with the bushfire safety risks presented by high density development in the Lane Cove North area.

Ross Luke, 99 Northwood Rd Northwood, opposing Notice of Motion No. 4.

Kerry Nash, representing the owners of 22 Wallace St Greenwich, requesting Council further reduce the height of the proposed development to a total of 600mm, delete the rear terrace and reaffirm its decision regarding the front terrace/setback.

Neil Lawrence, 20 Wallace St Greenwich, highlighting his concern that significant heritage aspects have been compromised in regards to the proposed development of 24 Wallace St and supporting a further decrease of 300mm in height and set back of the upper level.

Sarah Hatton, 22 Wallace St Greenwich, opposing the proposed development of 24 Wallace St Greenwich.

Susan O’Neill, 1 Nundah St Lane Cove, opposing Notice of Motion No. 5 and No. 8.

Roger Bell, 22 Wallace St Greenwich, opposing the proposed development of 24 Wallace St Greenwich given its height and impact on the heritage of the area.

Jack Winning, 12 Wilandra St Lane Cove, objecting to the pending decision of the JRPP to allow high density development in the Lane Cove North area.

Margaret Stewart, 67 Johnston Crescent Lane Cove, objecting to high density development in the Lane Cove North area specifically citing bushfire safety concerns.


Tom Lawson, 18 Victoria St Greenwich, providing background information on the Lane Cove Community Alliance relating to Notice of Motion No. 5 and suggesting direct negotiations between the relevant parties be facilitated.

Peter Bennett, 2 Osborne Rd Lane Cove, objecting to Notice of Motion No. 5.

Merri Southwood,  President of Greenwich Community Association, in opposition to Notice of Motion No. 5  and No. 8 and expressing concern with the heritage implications of the proposed development of 24 Wallace St Greenwich.

Kay Freedman, Arabella St Longueville,  objecting to Notice of Motion No. 4, No. 5 and No. 8 and requesting further information be provided with regards to the proposed Infrastructure Levy.

Frances Vissel,  Fraser St Lane Cove North and Stringybark Creed residents Association, objecting to Notice of Motion No. 5 and No. 8 and the pending JRPP decision to approve high density residential developments in the Lane Cove North area.

Doug Stuart, William Edward St Longueville, speaking on behalf of RASAD in support of Council acquisition of 69 Longueville Rd and requesting Council put on display prior to and during the Plaza landscape construction works. Mr Stuart then spoke independently in opposition to Notice of Motion No. 4.

Phillip Baxter, William Edward St, in opposition to Notice of Motion No. 4 and opposing Notice of Motion No. 5 and No. 8, and requesting Council look into the matters raised by the community groups further.

Phillip Corben, architect representing owners of 24 Wallace St Greenwich, supporting the proposed development for 24 Wallace St Greenwich.

ADJORNMENT

The Mayor adjourned the Council Meeting at 8:30pm to allow the commencement of the Services and Resources Committee meeting and the Planning and Building Committee meeting. 

The Mayor opened the Committee Meetings and adjourned them for 1hour.

RESUMPTION

The Council Meeting resumed at 8:30pm

Greg Carroll, 24 Wallace St Greenwich, supporting the proposed development of the property and outlining the compromises and amendments made in consideration of concerns raised by neighbours.

Collette Carroll, 24 Wallace St Greenwich, requesting support for the trafficable deck at the front of the property to be installed.

 

RESUMPTION OF STANDING ORDERS

48

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

 

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

Against the Motion was Nil (Total 0).

 


CONFIDENTIAL ITEMS

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

 

General Managers Report No. 4

SUBJECT: Valuation Advice - 69 Longueville Road and Consideration of Purchase

49

RESOLVED on the motion of Councillors Tudge and Mcilroy that Council proceed as discussed in closed committee.

 

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

Against the Motion was Nil (Total 0).

Abstaining was Councillor Bennison (Total 1).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 FEBRUARY 2011

50

RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 21 February 2011 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).

51

RESOLVED on the motion of Councillors Smith and Mcilroy  that the minutes of the Ordinary Council meeting held on the 21 February 2011 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Reports Of Committees

 

Report Of Committees No. 2

SUBJECT: Inspection Committee Report - 5 March 2011

52

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

 

Councillor Mcilroy exited the chamber at 8:41pm.

 

Report Of Committees No. 520

SUBJECT: 24 Wallace Street, Greenwich

 

MOTION

A Motion was moved by Councillor Palmer 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 183/2010 for the demolition of the existing dwelling house, carport, and the swimming pool and construction of a dwelling house with an attached double carport, and a swimming pool on Lot 19, DP 78475 and known as 24 Wallace Street, Greenwich subject to the following conditions:-

 

General Conditions

1.       (20) That the development be strictly in accordance with the following drawings dated 12/11/10, prepared by Corben Architects except as amended by the following conditions.

-       Roof/Site Plan, DA-01, Revision B;

-       First Floor Plan, DA-02, Revision B;

-       Ground Floor Plan, DA-03, Revision B;

-       Basement Plan, DA-04, Revision B;

-       North Elevation, DA-06, Revision B;

-       South Elevation, DA-07, Revision B;

-       East Elevation, DA-08, Revision B;

-       West Elevation, DA-09, Revision B;

-       Section A, DA-10, Revision B;

-       Section B, DA-11, Revision B;

-       Landscape concept plan prepared by Spit Level Designs (Drwg No: LP01).

2.       Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate:-

a)     The entire building height must be lowered by 300mm with the maximum ridge height not to exceed RL 39.531.

b)     The trafficable roof/ terrace over the carport must be deleted and replaced with a non-trafficable roof. 

c)     The maximum width of the carport is not to exceed 6m.

d)     The rear first floor balcony is to be setback an additional 1.2m from the eastern edge of the dwelling house.  (Total setback to be 2.7m from the boundary).

e)     A privacy screen must be installed at the eastern end of the rear balcony on the first floor.

f)      A minimum of 35% of landscaping must be provided on the site.  Landscaped area means part of a site used for growing plants, grasses and trees, but does not included any building, structure or hard paved area.  A minimum width of 1m is required for inclusion as landscaped area.

g)     A 1.7m high privacy screen must be installed in front of the main entrance of the dwelling house. The screen is capable of providing privacy to the entrance to the proposed dwelling house.

h)     The windows of Bedroom 4 and the void area on the first floor of the east elevation must be of obscured glass panels.

3.       All metal deck roofs must be 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.

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

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

The consent authority or a private accredited certifier must:-

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

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

 

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

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

Monday to Friday (inclusive)                  7.00am to 5.30pm

Saturday                                                 7.00am to 4.00pm

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

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

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

11.     The building not to be used for separate occupation or commercial purposes.

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

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

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

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

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

b)      All reinforcement prior to filling with concrete.

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

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

e)      Installation of steel beams and columns prior to covering

f)       Waterproofing of wet areas

g)      Pool reinforcement prior to placement of concrete.

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

i)       Stormwater drainage lines prior to backfilling.

j)       Completion.

15.     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.

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

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

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

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

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

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

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

18.     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".

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

a)   underpinning;

b)   retaining walls;

c)   footings;

d)   reinforced concrete work;

e)   structural steelwork;

f)    upper level floor framing.

20.     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.

21.     Additions not being used for commercial, industrial purposes or for separate occupation.

 

22.     A check survey certificate is to be submitted at the completion of:-

a)   The establishment of the first floor level;

b)   The roof framing; and

c)   The completion of works.

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

23.     The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

24.   

a)   The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

b)   Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

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

ii)      The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

iii)      With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

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

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

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

26.     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.

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

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

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

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

31.     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.

 

32.     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.

33.     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.

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

General Engineering Conditions

35.     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.

36.     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. 

37.     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.

38.     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.

39.     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.

40.     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.

41.     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’.

42.     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.

43.     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.

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

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

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

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

Note:

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

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

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

Engineering Conditions to be Complied With Prior to Construction Certificate

48.    Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered SY100162 pages 1-3 prepared by ACOR Consultants dated 13-05-10.

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

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

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

The applicant shall:-

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

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

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

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

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

 

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

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

50.    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.

51.    Design of Retaining Structures: All retaining structures grater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

52.    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

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

Engineering Condition to be Complied With Prior to Commencement Of Construction

54.     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 generally in accordance with the plans numbered H2.01 & H2.02 prepared by ACOR Consulting and dated 13-05-10. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied With Prior to Occupation Certificate

55.     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. 

 

 

Landscaping Conditions

56.     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.

57.     The applicant must obtain a Tree Preservation Order Work Authority prior to pruning of any trees; greater than 4 m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter.

58.     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.

59.     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.

60.     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

61.     The Jacaranda tree must be retained. The trunk of the Jacaranda tree must be protected during the demolition and construction period by a trunk guard.  The trunk guard must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2 m from the ground.  The trunk guard must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE and/or demolition works.

 

AMENDMENT

An Amendment was moved by Councillor Tudge and Smith that pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application 183/2010 for the demolition of the existing dwelling house, carport, and the swimming pool and construction of a dwelling house with an attached double carport, and a swimming pool on Lot 19, DP 78475 and known as 24 Wallace Street, Greenwich subject to the following conditions:-

General Conditions

1.       (20) That the development be strictly in accordance with the following drawings dated 12/11/10, prepared by Corben Architects except as amended by the following conditions.

-     Roof/Site Plan, DA-01, Revision B;

-     First Floor Plan, DA-02, Revision B;

-     Ground Floor Plan, DA-03, Revision B;

-     Basement Plan, DA-04, Revision B;

-     North Elevation, DA-06, Revision B;

-     South Elevation, DA-07, Revision B;

-     East Elevation, DA-08, Revision B;

-     West Elevation, DA-09, Revision B;

-     Section A, DA-10, Revision B;

-     Section B, DA-11, Revision B;

-     Landscape concept plan prepared by Spit Level Designs (Drwg No: LP01).

 

2.       Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate:-

a)   The building height must be lowered by 600mm with the maximum ridge height not to exceed RL 39.231.

b)   The trafficable roof/ terrace over the carport must be deleted and replaced with a non-trafficable roof. 

c)   The maximum width of the carport is not to exceed 6m.

d)   The rear first floor balcony is to be setback an additional 1.2m from the eastern edge of the dwelling house.  (Total setback to be 2.7m from the boundary).

e)   A privacy screen must be installed at the eastern end of the rear balcony on the first floor.

f)    A minimum of 35% of landscaping must be provided on the site.  Landscaped area means part of a site used for growing plants, grasses and trees, but does not included any building, structure or hard paved area.  A minimum width of 1m is required for inclusion as landscaped area.

g)   A 1.7m high privacy screen must be installed in front of the main entrance of the dwelling house. The screen is capable of providing privacy to the entrance to the proposed dwelling house.

h)   The windows of Bedroom 4 and the void area on the first floor of the east elevation must be of obscured glass panels.

3.       All metal deck roofs must be 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.

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

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

The consent authority or a private accredited certifier must:-

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

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

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

 

 

 

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

Monday to Friday (inclusive)               7.00am to 5.30pm

Saturday                                              7.00am to 4.00pm

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

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

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

11.     The building not to be used for separate occupation or commercial purposes.

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

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

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

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

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

b)   All reinforcement prior to filling with concrete.

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

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

e)   Installation of steel beams and columns prior to covering

f)    Waterproofing of wet areas

g)   Pool reinforcement prior to placement of concrete.

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

i)    Stormwater drainage lines prior to backfilling.

j)    Completion.

15.     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.

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

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

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

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

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

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

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

18.     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".

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

a)   underpinning;

b)   retaining walls;

c)   footings;

d)   reinforced concrete work;

e)   structural steelwork;

f)    upper level floor framing.

20.     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.

21.     Additions not being used for commercial, industrial purposes or for separate occupation.

22.     A check survey certificate is to be submitted at the completion of:-

a)   The establishment of the first floor level;

b)   The roof framing; and

c)   The completion of works.

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

23.     The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

24.    a)   The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

b)   Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

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

ii)      The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

iii)      With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

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

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

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

26.     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.

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

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

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

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

31.     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.

32.     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.

33.     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.

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

General Engineering Conditions

35.     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.

 

36.     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. 

37.     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.

38.     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.

39.     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.

40.     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.

41.     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’.

42.     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.

43.     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.

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

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

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

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

Note:

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

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

 

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

Engineering Conditions to be Complied With Prior to Construction Certificate

48.    Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered SY100162 pages 1-3 prepared by ACOR Consultants dated 13-05-10.

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

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

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

The applicant shall:-

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

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

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

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

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

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

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

50.    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.

51.    Design of Retaining Structures: All retaining structures grater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

52.    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

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

Engineering Condition to be Complied With Prior to Commencement Of Construction

54.     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 generally in accordance with the plans numbered H2.01 & H2.02 prepared by ACOR Consulting and dated 13-05-10. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied With Prior to Occupation Certificate

55.     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. 

Landscaping Conditions

56.     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.

57.     The applicant must obtain a Tree Preservation Order Work Authority prior to pruning of any trees; greater than 4 m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter.

58.     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.

59.     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.

60.     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

61.     The Jacaranda tree must be retained. The trunk of the Jacaranda tree must be protected during the demolition and construction period by a trunk guard.  The trunk guard must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2 m from the ground.  The trunk guard must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE and/or demolition works.

 

Upon being put to the meeting the Amendment was declared carried.

 

For the Motion were Councillors Bennison, Forrest, Gaffney, Smith and Tudge (Total 5).

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

Absent was Councillor Mcilroy (Total 1).

 

The Amendment became the Motion.

53

Upon being put to the meeting the Motion was declared carried.

 

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

Against the Motion were Councillors Longbottom (Total 1).

Absent was Councillor Mcilroy (Total 1).

 

Councillor Mcilroy rejoined the meeting at 8:58pm.

 

Notices of Rescission

 

Notice of Rescission No. 1

SUBJECT: Car Space Valuation for Go Get Car Scheme

54

RESOLVED on the motion of Councillors Palmer and Forrest that the resolution in relation to Open Space and Urban Services Division Report No.1 of 7 February 2011 for Car Space Valuation of Go Get Car Scheme be rescinded.

 

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).

 

Notice of Rescission No. 2

SUBJECT: Wildlife Protection Areas

55

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that the resolution in relation to Notice of Motion No. 13 of 6 December 2010 for the Declaration of Wildlife Protection Areas be rescinded.

 

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

Against the Motion was Councillor Tudge (Total 1).

 


Notices of Motion

 

Notice of Motion No. 1

SUBJECT: Car Space Valuation for Go Get Car Scheme

 

MOTION

A Motion was moved by Councillors Forrest and Palmer that Council defer any decisions relating to the budget allocation of a market rent for the car space in Rosenthal Avenue for the current ‘Go Get’ Car Scheme or future car share schemes. A decision relating to these matters is to be considered following the development of a formal car share scheme policy for Lane Cove.

 

AMENDMENT

An Amendment was moved by Councillors Brooks-Horn and Smith that:-

1.            Council defers any decisions relating to the budget allocation of a market rent for the car space in Rosenthal Avenue for the current ‘Go Get’ Car Scheme or future car share schemes. A decision relating to these matters is to be considered following the development of a formal car share scheme policy for Lane Cove; and

2.            All identifiable car rental / car share companies be included in the report for the consideration of car park allocation.

 

Upon being put to the meeting the Amendment was declared carried.

 

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

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

 

The Amendment became the Motion.

56

Upon being put to the meeting the Motion was declared carried.

 

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).

ADJORNMENT

The meeting was adjourned at 9:30pm. 

The Mayor opened the Services and Resources Committee meeting and the Planning and Building Committee meeting and adjourned them for 1 hour.

RESUMPTION

The Council Meeting resumed at 9:30pm.

Notice of Motion No. 2

SUBJECT: 'Cat Free' Wildlife Protection Areas

 

MOTION

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

1.      Council declare under Section 30 of the Companions Animals Act 1998 that all Bushland within the Lane Cove Council Area be designated Wildlife Protection Areas; and

2.      Funds previously allocated to a consultant now be applied for public education to inform the community, including appropriate signage of the areas as required by the Companions Animals Act 1998.

 

AMENDMENT

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

1.      Council supports the provision of the initial funding of $9,800 this financial year in order to undertake the necessary work for the consideration of Wildlife Protection Areas in Lane Cove in accordance with the Lane Cove Bushland Plan of Management 2007; and

2.      Consultation with Aboriginal elders, the Aboriginal Heritage Office, Metropolitan Aboriginal Lands Council and local residents for Reconciliation, be undertaken in regards to the introduction of Wildlife Protection Areas in Lane Cove.

 

Upon being put to the meeting the Amendment 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 Amendment became the Motion.

57

Upon being put to the meeting the Motion was declared carried.

 

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

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

 

Notice of Motion No. 3

SUBJECT: Neighbour Notifications for Complying Developments

58

RESOLVED on the motion of Councillors Palmer and Gaffney that Council act to promptly inform immediate neighbours affected by a consent granted under the Housing Code’s Complying Development provisions.

 

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).

 

 

Notice of Motion No.4

SUBJECT: Objection to the Proposed Carbon Tax

 

Councillor Brooks-Horn withdrew the motion.

 

 

Notice of Motion No. 5

SUBJECT: Lane Cove Community Alliance

 

Councillor Bennison withdrew the motion.

 

Councillor Gaffney and Councillor Mcilroy left the meeting, the time being 10:13pm.

 

The Deputy Mayor took the Chair.

 


 

Notice of Motion No. 6

SUBJECT: Unformed Section of Caroline Chisholm Lane

59

RESOLVED on the motion of Councillors Forrest and Brooks-Horn that the General Manager bring back a report to Council on options and recommendations for rezoning the unformed part of Caroline Chisholm Lane to prevent any vehicular access.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Gaffney and Mcilroy (Total 2).

 

Councillor Gaffney and Councillor Mcilroy returned to the meeting, the time being 10:14pm.

The Mayor took the Chair.

 

Notice of Motion No. 7

SUBJECT: Electronic Submission of Development Applications

60

RESOLVED on the motion of Councillors Palmer and Mcilroy that a report come back to Council on the costs and benefits of requesting Development Applications in a digital format (while still acknowledging applicants must provide any paperwork required by Council and/or the Environmental Planning and Assessment Act).

 

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).

 

 

Notice of Motion No. 8

SUBJECT: RASAD Concerns - Lane Cove Alive Leadership Group

 

Councillor Bennison withdrew the motion.

 

 

Notice of Motion No. 9

SUBJECT: Request to NSROC to Fund Aboriginal Education

61

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that a report come back to Council regarding the proposal outlined in the Notice of Motion for possible submission to the next meeting of NSROC.

 

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

Against the Motion was Nil (Total 0).

 


 

Corporate Services Division Reports

 

Corporate Services Division Report No. 10

SUBJECT: Councillor Professional Development Seminars

62

RESOLVED on the motion of Councillors Palmer and Mcilroy that Councillors wishing to attend the Councillor Professional Development Seminar being held in Blacktown advise 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).

 

The Draft Infrastructure Works Program Facilities 2011-2016 and Draft Infrastructure Asset Management Plan Facilities dated February 2011 were circulated to Councillors prior to the meeting.

 

It was noted the Fees and Charges was omitted from the list of attachments.

 

Corporate Services Division Report No. 11

SUBJECT: 2011 Budget, Community Strategic Plan and Delivery Plan

63

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

1.      Council adopt for the purpose of public exhibition, the Draft Budget 2011-14 (with an Infrastructure Levy and Without), Draft Fees and Charges 2011-12, Draft Community Strategic Plan, Lane Cove 2025, Draft Delivery Program and Operational Plan 2011-2013, the Draft Infrastructure Works Program Facilities 2011-2016 and Draft Infrastructure Asset Works Plan 2011-2016;

2.      Council proceed to public exhibition as per the consultation strategy outlined in the report;

3.      Council adopt the 10 Year Financial Plan dated February 2011, Draft Workforce Plan 2011-2015, Draft Infrastructure Asset Management Plan Facilities dated February 2011 and Draft Infrastructure Asset Management Plan 2011, dated 24 February 2011; and

4.      Following public exhibition, the Draft Budget 2011-14 (with an Infrastructure Levy and Without), Draft Fees and Charges 2011-12, Draft Community Strategic Plan, Lane Cove 2025, Draft Delivery Program and Operational Plan 2011-2013, Draft Infrastructure Works Program Facilities 2011-2016 and Draft Infrastructure Asset Works Plan 2011-2016 together with any submissions received, be considered at the Council meeting to be held on 7 May 2011.

 

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. 1

SUBJECT: Tender for Landscape Construction Works at Lane Cove Plaza

64

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

1.      The tender for the provision of the landscape works in Lane Cove Plaza in autumn 2011 be awarded to Hargraves Landscapes for an amount of $172,790.31;

2.      The General Manager be authorised to enter into contract with Hargraves

3.      That a plan of the proposed works be put on display in the plaza and library before and during construction.

 

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

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 10:37pm.

 

Confirmed at the Ordinary Council Meeting of 21 March 2011, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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