Ordinary Council Meeting
1 August 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
1 August 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, 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, and Office Manager – Corporate Services.
DECLARATIONS OF INTEREST:
Councillor Mcilroy declared a non pecuniary interest in Report of Committees 28 and Environmental Services Division Report No. 130, regarding 35 Morrice St Lane Cove, as one of the objectors and assisted him with his election campaign. He indicated he would not discuss or vote on the item.
Councillor Tudge declared a non pecuniary interest in Corporate Services Division Report No. 33, Local Government Association Annual Conference, as he has a seniors parking permit. He indicated he would not discuss or vote on that particular part of the recommendation.
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by the General Manager.
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.
Guy Hallowes, 29A Johnston Crescent Lane Cove, opposing proposed high density residential developments within the Mowbray Precinct and the possible impacts this may have on the area, specifically Batten Reserve, and expressing concerns regarding Council’s Land & Environment Court defence.
Kylie Bryden-Smith, 31A Johnston Crescent Lane Cove, opposing high density development in the Mowbray Precinct and the negative environmental impacts this may have on the area, specifically Batten Reserve and expressing concerns regarding Council’s Land and Environment Court defence.
Jo Tucker, 68 Gordon Crescent Lane Cove, expressing concerns regarding high density residential development in Mowbray Precinct, the Land and Environment court proceedings and possible impacts this may have on the area, specifically Batten Reserve.
Lynette Nasir, 59 Morrice St Lane Cove, opposed to the proposed development of 35 Morrice St Lane Cove.
Antoinette Farrow, 39 Morrice St Lane Cove, opposing the proposed development of 35 Morrice St Lane Cove.
David Thompson, 57 Morrice St Lane Cove, requesting Council consider implementing protocols/regulation to protect the function of solar panels installed on private property.
Corrine Faguret, 2/4 Austin Cres Lane Cove, opposing the proposed development of 35 Morrice St Lane Cove.
Brian McDonald, 46 Gordon Cres Lane Cove, opposing proposed high density residential developments in the Mowbray Precinct, expressing concerns regarding Council’s Land & Environment Court defence, and suggesting further action to prevent a repeat of similar situations in the future.
Donald Dunn, for the applicant of 35 Morrice St Lane Cove, supporting the proposed development of that property, citing its compliance with Councils DCP.
John Palmer, 39 Morrice St Lane Cove, opposed to the proposed development of 35 Morrice St Lane Cove.
Bill Lenehan, Designer of proposed development at 35 Morrice St Lane Cove, supporting the application.
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CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 18 JULY 2011 |
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RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 18 July 2011 be received. |
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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). |
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RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 18 July 2011 be confirmed. |
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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 left the meeting, the time being 7:33pm.
Referred Reports FROM Inspection Committee 30 July 2011
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SUBJECT: 35 Morrice Street, Lane Cove |
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RESOLVED on the motion of Councillors Longbottom and Bennison 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 DA11/23 for the alterations and first floor additions to the existing semi-detached dwelling on lot 2 in Deposited Plan 418786 and known as 35 Morrice Street, Lane Cove, subject to the following conditions:- 1. (20) That the development be strictly in accordance with drawing number 1271/3, Sheets 2, 3 & 5 dated 3.12.10, and 1271/4, Sheet 4, undated, by Addbuild Master Builders Pty Ltd, except as amended by the following conditions. 2. The roof structure of the new stair shall be amended from a gable front to a hipped roof form. 3. The colour of the proposed first floor external texture finish to the stud walls shall match, or be similar to, the colour of the existing external brickwork of the dwelling. 4. The proposed structure(s) to be erected must stand wholly within the boundaries of the allotment. No portion of the proposed structure, including guttering, shall encroach onto adjoining properties or upon public property. To ensure that the location of the building satisfies the provision of the approval, the footings and walls adjacent to the northern boundary must be set out by a registered surveyor prior to the commencement of works. 5. (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing. 6. A dilapidation report including a photographic survey of the following adjoining properties must be provided to the Certifier prior to the issue of a Construction Certificate. The dilapidation report must detail the physical condition of those properties, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items. a) 33 Morrice Street The dilapidation report is to be prepared by a practising Structural Engineer agreed to by both the applicant and the owner of the adjoining property. All costs incurred in achieving compliance with this condition shall be borne by the applicant. 7. A second Dilapidation Report including a photographic survey must be submitted after the completion of works. A copy of this Dilapidation Report together with the accompanying photographs must be given to the property owners referred to in condition 4. A copy must be lodged with Council and the Principal Certifying Authority prior to the issue of an Occupation Certificate. Any damage identified in the Dilapidation Report must be fully rectified by the applicant or owner at no cost to the affected property owner prior to the issue of an Occupation Certificate. 8. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia. 9. (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92. The consent authority or a private accredited certifier must:- · Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate. 10. (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6. Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000. 11. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building. 12. (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:- Monday to Friday (inclusive) 7.00am to 5.30pm Saturday 7.00am to 4.00pm No work to be carried out on Sundays or any public holidays. 13. (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside. 14. (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise. 15. (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. 16. (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED. 17. Standard Condition (56) 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) Framework including roof and floor members when completed and prior to covering. b) Installation of steel beams and columns prior to covering c) Waterproofing of wet areas d) Stormwater drainage lines prior to backfilling e) Completion. 18. Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:- a) upper level floor framing; 19. (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads. Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE. 20. (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. 21. (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours. 22. (79) Compliance with Australian Standard 2601 - The Demolition of Structures. 23. (128) Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application. These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. 24. (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. 25. (140) If at the commencement of, or during the demolition stage of the development, it becomes apparent that all or any of the existing structures that were to be retained may require demolition, works are to cease immediately. The Principal Certifying Authority is to advise Council of the status of the works and the proposed method of rectification. It should be noted that any variations to the approved consent will require the lodgement of a new Development Application. 26. (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%. COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. 27. (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.
General Engineering Conditions 28. (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. 29. (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. 30. (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. 31. (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. 32. (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. 33. (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. 34. (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’. 35. (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 36. (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. 37. (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. Engineering Condition to be Complied with Prior to Commencement of Construction 38. (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 Sediment Control Plan prepared by Addbuild numbered 1271. The devices shall be maintained during the construction period and replaced when necessary. Engineering Condition to be Complied with Prior to Occupation Certificate 39. (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. Tree Preservation Conditions 40. (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. 41. (302) The applicant must obtain written Authority prior to pruning or removal 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. 42. (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. 43. (354) Footing, trench or excavation that is within 3 m 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 44. (317) A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 1.2m from the trunk of the Bottlebrush tree located in the front yard. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed. 45. (317) A 1.8 m high chain mesh fence shall be erected not less than 1.2m from the trunk of the Paperbark street tree. The tree protection zone may be reduced to 600mm on the driveway side of the tree only. 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. 46. (new) A waterproof sign must be placed on all tree protection zones stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’ Minimum size of the sign is to be 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. 47. (new) 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. Bond on Street and Council Trees 48. (327) A bond of $2000 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protection measures are taken during the development to prevent mechanical damage to the Bottlebrush street tree that must be retained. This bond shall refundable on completion of works and following an inspection and certification of the tree by Council’s Tree Assessment Officer. This certification must be obtained by the Private Certifying Authority prior to issue of the occupation certificate. In the event of damages to the tree, as determined by Council’s Tree Assessment Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond: · Breach of any condition - 25% of bond for each offence. · Trunk or root damage of any protected tree - 50% of bond for each offence. · Death or severe decline of any protected tree - 100% of bond and possible legal action by Council. |
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For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Palmer and Smith (Total 6). Against the Motion were Councillors Forrest and Tudge (Total 2). Absent Councillor Mcilroy (Total 1). |
Councillor Keith Mcilroy returned to the meeting, the time being 7:39pm.
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SUBJECT: DCP CONTROLS – SOLAR PANELS |
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A motion was moved by Councillors Palmer and Forrest that a report come back to Council on possible appropriate DCP controls to protect solar panels from potential impacts of overshadowing. |
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Upon being put to the meeting, the motion was lost. |
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For the Motion were Councillors Forrest, Mcilroy, Palmer and Tudge (Total 4). Against the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom and Smith (Total 5). |
Corporate Services Division Reports
Councillor Tudge left the meeting, the time being 8:40pm.
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SUBJECT: Local Government Association Annual Conference |
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RESOLVED on the motion of Councillors Smith and Brooks-Horn that Council submit the following additional motion for debate at the 2011 Local Government Association Conference:- 1. That representations be made to the State Government to introduce “Seniors Parking” as a type of parking allowable under the RTA road rules; |
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For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Forrest, Palmer and Smith (Total 7). Against the Motion was Councillor Mcilroy (Total 1). Absent was Councillor Tudge (Total 1) |
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Councillor Tudge returned to the meeting, the time being 8:49pm. |
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RESOLVED on the motion of Councillors Palmer and Longbottom that Council submit the following additional motion for debate at the 2011 Local Government Association Conference:- 2. That representations be made to the State Government to amend Clause 124 of the Environmental Planning and Assessment Regulation 2000 (NSW) [“the Regulation”] so as to provide that the granting of a development consent is publicly notified for the purposes of section 101 of the Environmental Planning and Assessment Act 1979 (NSW) if public notice is given either in a local newspaper (as presently provided for in clause 124(1)(a) of the Regulation) or on the consent authority’s official website, provided the notice otherwise satisfies the requirements of clause 124(1)(b) and (c) of the Regulation. |
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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). |
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RESOLVED on the motion of Councillors Smith and Longbottom that Council submit the following additional motion for debate at the 2011 Local Government Association Conference: 3a. That the Local Government Association provide a report back to Councils on the expected financial impact on Local Government of the introduction of a Carbon Tax. |
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For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Palmer and Smith (Total 6). Against the Motion were Councillors Forrest, Mcilroy and Tudge (Total 3). |
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RESOLVED on the motion of Councillors Longbottom and Smith that Council submit the following additional motion for debate at the 2011 Local Government Association Conference: 3b. That the Local Government Association write to the Hon Prime Minister, Federal Minister for Climate Change and Senator Bob Brown and request a compensation package for Local Government as an alternative to increasing rates or reducing community services. |
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For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Palmer and Smith (Total 6). Against the Motion were Councillors Forrest, Mcilroy and Tudge (Total 3). |
Open Space and Urban Services Division Reports
Human Services Division Reports
CLOSE
The meeting closed at 9:18pm.
Confirmed at the Ordinary Council Meeting of 15 August 2011, at which meeting the signature herein is subscribed.
MAYOR
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