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Minutes

Ordinary Council Meeting

17 October 2011, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 17 October 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, Manager – Development Assessment and Office Manager – Corporate Services.

DECLARATIONS OF INTEREST: Nil

APOLOGIES 

Apologies were received on behalf of Councillor D. Brooks- Horn.

345

RESOLVED on the motion of Councillors Longbottom and Smith that the apology be accepted and a leave of absence granted.

 

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

Against the Motion was Nil (Total 0).

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.

 

SUSPENSION OF STANDING ORDERS

346

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

 

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

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Kylie Bryden-Smith, 31A Johnston Crescent Lane Cove, expressing concerns with high density development in the Mowbray Precinct specifically the environmental impacts on the area and requesting Council ensure that Asset Protection Zones do not encroach upon the Batten Reserve. Her speech was tabled.

Guy Hallowes, 29A Johnston Crescent Lane Cove, expressing concern with the Asset Protect Zone set for a newly approved development at 76-82 Gordon Cres, the environmental impact this may have on the Batten Reserve, and the precedent this could set. His speech was tabled.

Diana Hallowes, 29A Johnston Crescent Lane Cove, expressing concern with the cumulative effects of high density developments on the environment and infrastructure within the Mowbray Precinct. Her speech was tabled.

Frances Vissel, on behalf of the Stringybark Creek Resident Association, expressing concerns for the negative ecological impacts of high density developments in the Mowbray Precinct specifically affect on the endangered Turpentine-Ironbark Forest.

Dan Cook, 9 Gamma Road Lane Cove, opposing the proposed development at 9A Gamma Road Lane Cove on the basis of excessive bulk and scale, privacy issues, overshadowing and impact on solar access and expressing concern with the notification and site inspection process undertaken. His speech was tabled.

Phil Hughes, 11 Gamma Road Lane Cove, opposing the proposed development at 9A Gamma Road Lane Cove for reasons including privacy issues and overshadowing and expressing concern with development notification procedure.

Susan Loane, 7 Gamma Road Lane Cove, opposing the proposed development at 9A Gamma Road Lane Cove for reasons including privacy issues and overshadowing.

Michael Evans, 9 Beta Road Lane Cove, opposing the proposed development at 9A Gamma Road Lane Cove citing loss of amenity, privacy issues and detrimental impact on native trees.

Tony Polley, 7 Beta Road Lane Cove, opposing the proposed development at 9A Gamma Road Lane Cove and expressing dissatisfaction with the development notification procedure.

Gordon Walker, 9A Gamma Road Lane Cove, supporting the application for 9A Gamma Road Lane Cove, and the recommendation outlined in Environmental Services Division Report No. 135.

 

RESUMPTION OF STANDING ORDERS

347

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

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 4 OCTOBER 2011

348

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 4 October 2011 be received.

 

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

Against the Motion was Nil (Total 0).

349

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 4 October 2011 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

350

RESOLVED on the motion of Councillors Longbottom and Mcilroy that following items be brought forward and dealt with as the next items:-

·         Report of Committees No. 5, Inspection Committee Report – 15 October 2011; and

·         Environmental Services Division Report No. 135, 9A Gamma Road Lane Cove.

 

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

Against the Motion was Nil (Total 0).

 

Reports Of Committees

 

Report Of Committees No. 5

SUBJECT: Inspection Committee Report - 15 October 2011

351

RESOLVED on the motion of Councillors Smith and Tudge that the report be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

352

RESOLVED on the motion of Councillors Mcilroy and Bennison that Standing Orders be suspended to allow Council to address the applicant for 9A Gamma Road Lane Cove.

 

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

Against the Motion was Nil (Total 0).

 

Resumption of Standing Orders

353

RESOLVED on the motion of Councillors Palmer and Mcilroy that Standing Orders be resumed but the further discussion and voting on Environmental Services Division Report No. 135, 9A Gamma Road Lane Cove be deferred until later in the meeting to allow discussions to take place with the applicant.

 

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

Against the Motion was Nil (Total 0).

A minutes silence was observed in honour of Donald France.

Mayoral Minutes

 

Mayoral Minute No. 3

SUBJECT: Expert Panel Discussion on Constitutional Recognition of Local Government

354

RESOLVED on the motion of Councillors Gaffney and Smith that Council register their support for Constitutional change by endorsing the ALGA’s submission to the Expert Panel on Constitutional Recognition of Local Government. 

 

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

Against the Motion was Nil (Total 0).

 


 

Orders Of The Day

 

Order Of The Day No. 20

SUBJECT: Council and Committee Meeting Schedule November 2011

355

RESOLVED on the motion of Councillors Mcilroy and Smith that the Council and Committee Meeting Schedule for November 2011 be adopted.

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 41

SUBJECT: Consideration of Ward Boundaries and Councillor Numbers

356

RESOLVED on the motion of Councillors Smith and Gaffney that Council receive and note the report and maintain its current electoral structure for Wards, number of councillors, and the election of Mayor.

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 31

SUBJECT: St Leonards "Civic Square" Concept

357

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

1.   Undertake consultation with Willoughby City Council and North Sydney Council representatives to discuss the regional benefits of the proposed St Leonard’s Civic Square and associated bus/rail interchange.

2.   Gain the support of NSROC to progress the regional value of the project. The proposal to be tabled at the next NSROC meeting to be held on 10 November 2011.

3.   Approach the Royal North Shore Hospital Board regarding their Master Plan for the development of their site, and the benefits that the Civic Square proposal could provide in this respect.

4.   Liaise with the Department of Planning to gain their support for the proposal as a catalyst for the further implementation of the “Specialised Centre” category for St Leonards under the Metropolitan Strategy.

5.   Liaise with the Transport Planning Branch of the Integrated Transport Authority to discuss the regional benefits of the proposed St Leonard’s Civic Square and associated bus/rail interchange.

6.   Hold further meetings with the developers of 88 Christie Street (Winton) and Marshall Avenue (Loftex).

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 32

SUBJECT: Proposed Cameraygal Park

358

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

1.       Council request a meeting with the Hon Duncan Gay MLC, Minister for Roads and Ports and the Hon Victor Dominello MP, Minister for Aboriginal Affairs to seek assistance in transferring ownership of the land at 69 Longueville Rd Lane Cove to Council;

2.       Council proceed with the communication strategy outlined in the report;

3.       A further report be submitted to Council when agreement with the RTA on the future status of the land is know, such report to outline the proposed consultation process for the landscape plans for Cameraygal Park; and

4.       Council request a letter of support from the Local Member for Lane Cove, Anthony Roberts M.P.

 

For the Motion were Councillors Bennison, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 7).

Against the Motion was Councillor Tudge (Total 1).

 

Open Space and Urban Services Division Report No. 33

SUBJECT: Lane Cove Traffic Committee Meeting held Tuesday 20 September 2011

359

RESOLVED on the motion of Councillors Smith and Mcilroy that the recommendations of the Lane Cove Traffic Committee held Tuesday 20 September 2011 be adopted.

 

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

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Notice of Motion No. 19

SUBJECT: National Broadband Network (NBN)

 

MOTION

A Motion was moved by Councillors Palmer and Forrest that a report on the NBN rollout comes back to Council which includes:-

1.    Information on the rollout timetable;

2.    Possibilities for underground cables, both for NBN itself and overhead electricity cables;

3.    Any information from neighbouring councils on their preparations for the NBN; and

4.    Any other opportunities to provide the most benefits to our community.

 

AMENDMENT

An Amendment was moved by Councillors Longbottom and Smith that:-

1.            Council ask the NBN what their timing and deadlines are for Lane Cove;

2.            Council work through NSROC to establish a regional strategy for the implementation of the NBN.

3.            A report come back to Council of the impact of the NBN best practice guidelines.

 

 

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

 

For the Motion were Councillors Bennison, Longbottom and Smith (Total 3).

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

360

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, Longbottom and Smith (Total 3).

 

Referred Reports FROM Inspection Committee 15 October 2011

 

Environmental Services Division Report No. 135

SUBJECT: 9A Gamma Road, Lane Cove

Suspension of Standing Orders

361

RESOLVED on the motion of Councillors Tudge and Mcilroy that Standing Orders be suspended to allow the owner of 9A Gamma Road to address Council.

 

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

Against the Motion was Nil (Total 0).

Resumption of Standing Orders

362

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

 

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

Against the Motion was Nil (Total 0).

 

MOTION

A Motion was moved by Councillors Mcilroy and Forrest that the matter be deferred for a further inspection on 5 November and further consideration at the Council Meeting on 7 November 2011.

 

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillors Palmer and Gaffney 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 D70/11 for the construction of a dwelling house on Lot 2, DP 1155797 and known as 9A Gamma Road, Lane Cove subject to the following conditions:-

1.         (20) That the development be strictly in accordance with drawing numbers BT-31-13-B-1A, 2, 3, 4, 5, 6 dated 20.6.11 by Tullipan Homes Pty Ltd. and 10421-D1B, D2B, D3B dated 7.7.11 by EZE Hydraulic Engineers except as amended by the following conditions.

2.         To prevent loss of privacy all the windows at first floor level of the western elevation of the proposed dwelling house being highlights with their sills at least 1.7m above the first floor level.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

3.         To help provide privacy for 7 Gamma Road, the southern end of the proposed deck at first floor level at the south-eastern corner of the proposed dwelling house being set back in line with the southern wall of the family/living room and the balustrade to the proposed deck being of translucent glass or solid material.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

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

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

6.         (137)  Lane Cove Council charges a fee of $30 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

7.         (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.

8.         (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.

9.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

10.       No excavation or trenches are to be undertaken within six (6) metres of the trunks of the two existing Blue Gum trees which are to be retained.

11.       To ensure that there are minimal impacts on the two existing Sydney Blue Gum trees located on the upper level of Lot 2, the existing retaining wall which bisects Lot 2 is to be retained where within 6m of the trunks of the two existing Blue Gum trees.

 12.      (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.

13.       The site is to be property fenced to prevent access of unauthorised persons outside of working hours.

14.       The proposed 1.8m high privacy screen on the south side of the balcony being replaced with a 1.8m high solid permanent privacy screen.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

15.       (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.

16.       (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.

17.       (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.

18.       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)         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

i)          Stormwater drainage lines prior to backfilling

k)         Completion.

19.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

b)         Retaining walls;

c)         Footings;

d)         Reinforced concrete work;

e)         Structural steelwork;

f)          Upper level floor framing.

 

20.       (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:-

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

(2)        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.

(3)        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.

(4)        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.

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

This requirement is satisfied by:-

(a)        Smoke alarms installed in -

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

(b)        Smoke alarms complying with AS 3786.

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

Location – Class 1a buildings (dwellings)

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

(a)        any storey containing bedrooms -

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

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

(b)        any other storey not containing bedrooms.

22.       (130)  Compliance with the Waste Management Plan approved under this application.

 

 

23.       (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.

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

25.       (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.

26.       (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

27.       (317) A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 6m from the trunk of the two Sydney Blue gums located at the rear of the allotment. 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 except for construction of the set of steps.

28.       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.

29.       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

30.       (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.

31.       (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. 

32.       (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.

 

33.       (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.

34.       (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.

35.       (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.

36.       (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’.

37.       (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.

38.       (A9) 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.

39.       (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

            The following plans shall be prepared and certified by a suitably qualified engineer demonstrating:-

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

40.       (F1) 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.

41.       (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows:-

·   Rainwater draining to the reuse tanks 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.

·   Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

Engineering Conditions to be Complied with Prior to Construction Certificate

42.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered 10421 sheets D1-D3 issue B prepared by EZE Hydraulic Engineers dated 07-07-11.

            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.

43.       (V2) Replacement of Vehicular Crossing: The vehicular crossing servicing the property shall be reconstructed prior to the issue of the Occupation Certificate as it does not meet Council’s current standards. The vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

44.       (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 metres 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; and

(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.

 

45.       (T1) Design of Retaining Structures: All retaining structures greater 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

46.       (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

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 plans prepared by EZE Hydraulic Engineers numbered E1-E3 issue A and dated 30-03-11. 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. 

363

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

 

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

Against the Motion were Councillors Gaffney and Palmer (Total 2).

 

The Foreshadowed Motion lapsed.

 

CLOSE

 

The meeting closed at 8:46pm.

 

Confirmed at the Ordinary Council Meeting of 7 November 2011, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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