Ordinary Council Meeting
4 April 2011, 7:00pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
Ordinary Council Meeting
4 April 2011, 7:00pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
PRESENT: Councillor W. Gaffney (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S. Forrest, Councillor I. Longbottom, Councillor K. Mcilroy, Councillor P. Palmer, and Councillor A. Smith.
ALSO PRESENT: General Manager, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Acting Manager – Development Assessment, Manager – Strategic Planning, Strategic Planner, and Office Manager – Corporate Services.
DECLARATIONS OF INTEREST: Nil
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by Dr. Steven Pym of the Greenwich Presbyterian Church.
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.
Brian McDonald, 46 Gordon Crescent Lane Cove, thanking Councillors for attending the ‘Save Batten Reserve’ rally and in opposition to development in Mowbray Rd generally.
Rick D’Amico, Third Ave Osborne Park, supporting a deferral of the implementation of an Infrastructure Levy.
Peter Zelas, 56 Kenneth St Longueville, objecting to the proposed development of 1A Francis St as it breaches the DCP.
Kerry Nash, Consultant for residents of 56 Kenneth St Longueville, objecting to the proposed development of 1A Francis St and supporting the officers recommendation for a reduction in the proposed balcony size.
Kieu Dang, 1A Francis St Longueville, supporting the proposed development of 1A Francis St.
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CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 MARCH 2011 |
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RESOLVED on the motion of Councillor Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 21 March 2011 be received. |
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For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillor Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 21 March 2011 be confirmed. |
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For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8). Against the Motion was Nil (Total 0). |
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SUBJECT: 1A Francis Street, Longueville |
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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 287/10 for a front first floor balcony on Lot 1 DP 231064 and known as 1A Francis Street, Longueville subject to the following conditions:- Plans 1. (20) That the development be strictly in accordance with drawing numbers 01, 04, 05 and 06, Issue A, dated 30.5.10 and as amended up to 10.6.10, by A Plus Designs except as amended by the following conditions. Specific 2. In order to ensure that the building line for Francis Street of 7.5m is not exceeded and so reduce its visual impact on both the streetscape and viewed from the adjoining property at 56 Kenneth Street, the depth of the balcony is to be reduced so that it does not exceed 1.52m. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE. 2a. No permanent umbrellas or shade structures be erected on or over the balcony and the balustrade be constructed of transparent or similar materials to existing. General 3. (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing. 4. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia. 5. (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92. The consent authority or a private accredited certifier must:- · Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate. 6. (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6. Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000. 7. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the family room and the balcony. 8. (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:- Monday to Friday (inclusive) 7.00am to 5.30pm Saturday 7.00am to 4.00pm No work to be carried out on Sundays or any public holidays. 9. (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside. 10. (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise. 11. (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED. Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place. 12. (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place. The sign(s) shall indicate: a) the name, address and telephone number of the Principal Certifying Authority; b) the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and c) a statement that unauthorised entry to the construction site is prohibited. The signs shall be maintained for the duration of construction works. 13. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED. 14. (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED. Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted. 15. (61) All timbers complying with Timber Framing Code AS 1684-79. 16. (62) All glazing is to comply with the requirements of AS 1288. 17. (66) 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. 18. (67) a) The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties. b) Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:- i) A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties. ii) The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties. iii) With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING. Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval. iv) The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down. COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. 19. (70) Protection of the balcony support posts against subterranean termites must be carried out in accordance with AS.3660. 20. (72) The demolition works being confined within the boundaries of the site. 21. (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works. 22. (74) All demolition works being completed within a period of three (3) months from the date of commencement. 23. (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7m from the specified item. 24. (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work. 25. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours. 26. (79) Compliance with Australian Standard 2601 - The Demolition of Structures. 27. (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times. 28. (132) It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant. Landscape 29. (300) Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500.00 for an individual and $3,000.00 for a corporation. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the municipality. All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove. 30. (302) The applicant must obtain written authority prior to pruning or removal of any trees greater than 4m in height located on the property or in neighbouring properties, including the cutting of any tree roots greater than 40mm in diameter. 31. (303) There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve. 32. (354) Footing, trench or excavation that is within 3m of any tree greater than 4m in height, including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged. 33. (317) A 1.8m high chain mesh fence shall be erected a radial distance of not less than 2.4m from the trunk of both Brushbox street trees in front of the site. 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. 34. A waterproof sign must be placed on the tree protection zone stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’ Minimum size of the sign is to be A4 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65. 35. 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. General Engineering Conditions 36. (A1) Design and Construction Standards: All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions. 37. (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 38. (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property. 39. (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval. 40. (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant. 41. (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant. 42. (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’. 43. (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant. Engineering Conditions to be Complied with Prior to Construction Certificate 44. (S2) 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. 45. (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate. 46. (C1) Erosion and Sediment Control Plan: Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate. Engineering Condition to be Complied with Prior to Commencement of Construction 47. (C2) Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’. The devices shall be maintained during the construction period and replaced when necessary. Engineering Condition to be Complied with Prior to Occupation Certificate 48. (M2) Certificate of Satisfactory Completion: Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant certificates are to be submitted to the principal certifying authority prior to issue of any Occupation Certificate. · Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. |
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For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer and Smith (Total 7). Against the Motion was Councillor Longbottom (Total 1). |
Open Space and Urban Services Division Reports
Environmental Services Division Reports
Human Services Division Reports
SERVICES AND RESOURCES COMMITTEE
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CONFIRMATION OF MINUTES OF Services and Resources - 21 MARCH 2011 |
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RESOLVED on the motion of Councillors Smith and Brooks-Horn that the minutes of the Services and Resources held on the 21 March 2011 be received. |
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For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillors Smith and Brooks-Horn that the minutes of the Services and Resources held on the 21 March 2011 be confirmed. |
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For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8). Against the Motion was Nil (Total 0). |
CLOSE
The meeting closed at 8:25pm.
Confirmed at the Ordinary Council Meeting of 18 April 2011, at which meeting the signature herein is subscribed.
MAYOR
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