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Minutes

Ordinary Council Meeting

7 November 2011, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 7 November 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, 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, Manager – Development Assessment, Manager – Strategic Planning, Director – Major Projects and Governance Officer.

DECLARATIONS OF INTEREST: Nil

APOLOGIES 

Apologies be received on behalf of Councillor Tudge.

364

RESOLVED on the motion of Councillors Mcilroy and Forrest that the apology be accepted and leave of absence be granted.

 

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

Against the Motion was Nil (Total 0).

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Steven Pym of 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.

Procedural Motion

365

RESOLVED on the motion of Councillors Gaffney and Palmer that Corporate Services Division Report No. 43, Presentation of Annual Financial Statements - Year Ended 30 June 2011be brought forward and dealt with at this time.

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 43

SUBJECT: Presentation of Annual Financial Statements - Year Ended 30 June 2011

Mr D. Banicevic, Council’s Auditor PricewaterhouseCoopers addressed the Council.

366

RESOLVED on the motion of Councillors Longbottom and Smith that Council receive the Annual Financial Reports together with the Auditors Report for the Year ended 30 June 2011.

 

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

Against the Motion was Nil (Total 0).

 


 

SUSPENSION OF STANDING ORDERS

367

RESOLVED on the motion of Councillors Longbottom 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 (Total 8).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Toby Biddle, 12 Trouve St Lane Cove, opposed to the proposed installation of a telecommunications facility at Trouve St.

Kerry Nash, on behalf of the applicant for 19 Glenview St Greenwich, addressing the concerns expressed by neighbouring residents and citing the benefits of the proposed development.

Greg Dwyer, 17 Glenview St Greenwich, objecting to the proposed development at 19 Glenview St Greenwich citing concerns including privacy and overlooking.

Doug Stuart, 21A William Edward St Longueville, speaking on behalf of Lane Cove Bushland and Conservation Society and RASAD, commenting on and expressing concerns regarding Environmental Services Division Report No. 32, Draft DCP Amendment 2 Finalisation.

Susan Loane, 7 Gamma Rd Lane Cove, objecting to the proposed development at 9a Gamma Rd Lane Cove citing impacts on the neighbouring properties and requesting Council reject the application in its current form.

Nicole Cook,  9 Gamma Rd Lane Cove, opposing the proposed development at 9a Gamma Rd Lane Cove citing non compliance, loss of amenity, and excessive bulk and scale and requesting mediation be undertaken to determine alternative design options.

Phil Hughes, 11 Gamma Rd Lane Cove, opposing the proposed development at 9a Gamma Rd Lane Cove and requesting Council reject the application.

Michael Evans, 9 Beta Rd Lane Cove, objecting to the proposed development at 9a Gamma Rd Lane Cove.

Jill Polley, 7 Beta Rd Lane Cove, opposing the proposed development at 9a Gamma Rd Lane Cove highlighting the impact on neighbouring properties particularly loss of amenity and solar access in addition to minimal consultation and compromise with neighbouring residents.

Gordon Walker, 38 Alfred St Milsons Point, applicant for 9a Gamma Rd Lane Cove, supporting the development application for the property and suggesting appropriate landscaping be implemented to help preserve neighbours amenity/privacy.

RESUMPTION OF STANDING ORDERS

368

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

 

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

Against the Motion was Nil (Total 0).

 


 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 17 OCTOBER 2011

369

RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 17 October 2011 be received.

 

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

Against the Motion was Nil (Total 0).

370

RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 17 October 2011 be confirmed.

 

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

Against the Motion was Nil (Total 0).

Reports Of Committees

Report Of Committees No. 6

SUBJECT: Inspection Committee Report

371

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

 

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

Against the Motion was Nil (Total 0).

 Referred Reports

Environmental Services Division Report No. 136

SUBJECT: 9A Gamma Road, Lane Cove

 

MOTION

A Motion was moved by Councillors Palmer and Mcilroy that:-

Part A – Deferred Commencement Consent

The consent will not operate and it may not be acted upon until the Council or its delegate is satisfied that an agreement is reached between 7 and 9A Gamma Rd, in good faith by both parties, regarding the privacy screening on the eastern elevation of the deck

Part B – Conditions Of Consent

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. 

 

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillor Longbottom and Brooks-Horn that the application be refused on the grounds that it is non complying in a number of areas, its impact on solar access to 9 Gamma Road, and its detrimental impacts on 7, 9 and 11 Gamma Road and 7 and 9 Beta Road including of loss of amenity, privacy, and overshadowing.

 

SECOND FORESHADOWED MOTION

A Second Foreshadowed Motion was moved by Councillor Bennison and Gaffney that the matter be deferred to the Ordinary Council Meeting of 5 December 2011.

Extension of Time

372

RESOLVED on the motion of Councillors Smith and Brooks-Horn that an extension of 1 minute be granted to Councillor Longbottom.

 

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

Against the Motion was Nil (Total 0).

 

 

 

Extension of Time

373

RESOLVED on the motion of Councillors Smith and Brooks-Horn that an extension of 1 minute be granted to Councillor Longbottom.

 

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

Against the Motion was Nil (Total 0).

 

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

 

For the Motion were Councillors Gaffney, Mcilroy and Palmer (Total 3).

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

 

The Foreshadowed Motion became the Motion.

374

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

 

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

Against the Motion were Councillors Gaffney, Mcilroy and Palmer (Total 3).

 

The Second Foreshadowed Motion lapsed.

 

Environmental Services Division Report No. 285

SUBJECT: 19 Glenview Street Greenwich

 

MOTION

A Motion was moved by Councillors Brooks-Horn and Smith that Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent D278/08 granted on the 15 April 2011 for additions and alterations and the construction of underground car parking at 19 Glenview Street Greenwich is amended with the additional conditions and in the following manner:-

70.       The modified development works to be strictly in accordance with drawing numbers S96-01, 02, 03, 04, 05,06, and 07 Issue Rev A date 18/7/2011.

71.       The maximum height of the replacement screen fence structure is not to exceed RL 55.38 and registered surveyors certificate to be provided to the Principal Certifying Authority confirming the RL prior to the issue of the occupation certificate.

72.       The over land stormwater and sub surface drainage at the rear of the retaining wall is not to be directed onto adjoining properties and is to be collected on the site and directed to the Glenview Street drainage system at the front of the site.

73.       New construction on the northern, eastern and western elevations shall comply with section 5 (BAL 12.5) Australian Standard AS3959−2009 Construction of buildings in bushfire−prone areas and section A3.7 Addendum Appendix 3 of Planning for Bush Fire Protection 2006.

74.       New construction on the southern elevation shall comply with section 6 (BAL 19) Australian Standard AS3959−2009 Construction of buildings in bushfire− prone areas and section A3.7 Addendum Appendix 3 of Planning for Bush Fire Protection 2006.

 

 

 

 

 

AMENDMENT

An Amendment was moved by Councillor Palmer and Forrest that Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent D278/08 granted on the 15 April 2011 for additions and alterations and the construction of underground car parking at 19 Glenview Street Greenwich is amended with the additional conditions and in the following manner:-

70.       The modified development works to be strictly in accordance with drawing numbers S96-01, 02, 03, 04, 05,06, and 07 Issue Rev A date 18/7/2011 except as detailed below:-

a)      The Southern external stairs be deleted; and

b)      The northern deck be provided with a privacy screen to 1.8m to its northern side.

71.       The maximum height of the replacement screen fence structure is not to exceed RL 55.38 and registered surveyors certificate to be provided to the Principal Certifying Authority confirming the RL prior to the issue of the occupation certificate.

72.       The over land stormwater and sub surface drainage at the rear of the retaining wall is not to be directed onto adjoining properties and is to be collected on the site and directed to the Glenview Street drainage system at the front of the site.

73.       New construction on the northern, eastern and western elevations shall comply with section 5 (BAL 12.5) Australian Standard AS3959−2009 Construction of buildings in bushfire−prone areas and section A3.7 Addendum Appendix 3 of Planning for Bush Fire Protection 2006.

74.       New construction on the southern elevation shall comply with section 6 (BAL 19) Australian Standard AS3959−2009 Construction of buildings in bushfire− prone areas and section A3.7 Addendum Appendix 3 of Planning for Bush Fire Protection 2006.

 

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

 

For the Motion were Councillors Forrest, Mcilroy and Palmer (Total 3).

Against the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Smith (Total 5).

375

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

 

For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Mcilroy and Smith (Total 6).

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

 

Procedural Motion

376

RESOLVED on the motion of Councillors Longbottom and Gaffney that Open Space and Urban Services Division Report No. 25, Telecommunication Facility Proposal – Trouve Street, Lane Cove be brought forward and dealt with at this time.

 

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

Against the Motion was Nil (Total 0).

 


 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 25

SUBJECT: Telecommunication Facility Proposal - Trouve Street, Lane Cove

377

RESOLVED on the motion of Councillors Longbottom and Gaffney that Council advise Total Communications Infrastructure (TCI) that it does not support the installation of a low impact telecommunication facility in the nominated location of Trouve Street, Lane Cove, due to:-

1.   The unresolved health issues raised by local residents;

2.   The visual impact on the streetscape; and

3.   The need to consider other sites for the facility that have less impacts on residential amenity.

 

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

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 278

SUBJECT: 456 Pacific Highway, St Leonards

 

MOTION

A Motion was moved by Councillor Palmer and Forrest that:-

A       Pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application DA11/130 for the installation of one (1) 12.5m x 3.6m advertising sign on the  southern elevation of the existing commercial building on lot C in DP 414984 and known as 456 Pacific Highway, St Leonards, for the following reasons:-

1.    The proposed sign is third party advertising and is prohibited in accordance with Part N2.4(h) of the Lane Cove Development Control Plan without special permission from Council. Special permission is not recommended in this instance.

2.    The proposal is contrary to the desired future character of the St Leonards area and as such is contrary to the aims and assessment criteria of State Environmental Planning Policy No. 64 – Advertising and Signage.

3.    The proposed signage would set an undesirable precedent for future signage in the St Leonards commercial precinct as a whole.

4.    The proposal is contrary to the aim of the Lane Cove Local Environmental Plan “to preserve and, where appropriate, improve the existing character, amenity and environmental quality of the land to which this Plan applies” in accordance with Clause 1.2(b) of the Plan.

5.    The location of the sign on the side elevation would unduly restrict development potential on the neighbouring site.

6.    The proposal is not in the public interest.

B      Part N - Signage and Advertising of Council’s signage DCP be reviewed, particularly regarding third party signage in the St Leonards precinct.

 

 

 

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillor Longbottom and Brooks-Horn that the development be approved.

 

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

 

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

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

378

The Mayor exercised a casting vote for the Motion and the Motion was declared carried.

 

Orders Of The Day

 

Order Of The Day No. 21

SUBJECT: Citizenship Ceremony - Wednesday 30 November 2011

379

RESOLVED on the motion of Councillors Palmer and Bennison that Councillor Palmer attend the citizenship ceremony on Wednesday 30 November 2011 and speak to new citizens about local government.

 

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

Against the Motion was Nil (Total 0).

 

Order Of The Day No. 22

SUBJECT: Council and Committee Meeting Schedule December 2011

380

RESOLVED on the motion of Councillors Mcilroy and Brooks-Horn that the Council and Committee Meeting Schedule for December 2011 be adopted.

 

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

Against the Motion was Nil (Total 0).

 

General Managers Reports

 

General Managers Report No. 22

SUBJECT: Council Snapshot

381

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

 

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

Against the Motion was Nil (Total 0).

 


 

Corporate Services Division Reports

 

Corporate Services Division Report No. 40

SUBJECT: Policy on Payment of Expenses and Provision of Facilities to Councillors

382

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

1.   The amended Policy on Payment of Expenses and Provision of Facilities to Councillors dated 31 October 2011 be adopted; and 

2.   A copy of the Policy on Payment of Expenses and Provision of Facilities to Councillors be sent to the Division of Local Government in accordance with legislative requirements.

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 42

SUBJECT: 2012 Local Government Elections

383

RESOLVED on the motion of Councillors Longbottom and Smith that the General Manager conduct the 2012 Local Government Elections for the Lane Cove Local Government Area.

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 44

SUBJECT: 1st Quarter Review of the 2011-2013 Delivery Program and Operational Plan

384

RESOLVED on the motion of Councillors Smith and Mcilroy that the 1st quarter review of the 2011-2013 Delivery Program and Operational Plan be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 45

SUBJECT: Council's Annual Report 2010 - 2011

385

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

1.  Council adopt the Draft Annual Report for 2010/2011;

2.  The Report including Council’s Audited Financial Statements and NSROC’s State of the Environment report be forwarded to the Minister for Local Government; and

3.  The Report be made available on Council’s website.

 

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

Against the Motion was Nil (Total 0).

 

 

Corporate Services Division Report No. 46

SUBJECT: 1st Quarter Review of the 2011 - 2012 Budget

386

RESOLVED on the motion of Councillors Longbottom and Palmer that the 2011 – 2012 Budget be varied as follows:-

 

Original Budget

Adjustment

Revised Budget

Expenditure

$33,885k

$376k

$34,261k

Revenue

$34,855k

$610k

$35,465k

Surplus/ (Deficit)

$970k

$234k

    $1,204k

 

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

Against the Motion was Nil (Total 0).

Councillor Ann Smith left the meeting at 9:12pm.

Councillor Bennison left the meeting at 9:15pm.

Councillor Smith returned to the meeting at 9:16pm.

Councillor Bennison returned to the meeting at 9:18pm.

Environmental Services Division Reports

Environmental Services Division Report No. 32

SUBJECT: Draft DCP Amendment 2 Finalisation

387

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

1.   Council adopt as final Draft Development Control Plan Amendment 2, as amended post exhibition, and shown at AT-2 subject to the amendments listed in the table below:-

Part

Page

Para

Comment

A2

5,6

Footnote

 “Submitting an application” to be A2 (from A1)

5

2.2

First paragraph: to read “…thereby not needing a development application” (from “…thereby not needing development consent”)

C1

9

1.5(e) & 6(c)

To read “Landscaping at front boundaries…” (from “Landscaping to front boundaries…”)

C2

 

19

2.2(b)

To read “west of Girraween St [delete “in the Stringybark precinct (Locality 6)”] attached dwellings and multi dwelling housing proposals require…”

19

2.2(c)

To read” An average site area of 250spm per attached dwelling….is required.”

22

2.6(c)

To read “Landscaping at front boundaries…” (from “Landscaping to front boundaries…”)

26

2.10(e)

To read “1 motorcycle space per 25 car spaces – for developments of 25 or more dwellings.”

C3

36

3.19(b)

To read “to ensure that mature trees are achievable” (from “…that native trees are achievable.”)

D1

8

1.1.6

Laneway Setbacks table being amended to read “3m (to allow colonnades and landscaping)”

D1

14

 

1.4.4

 

“Bicycle provisions to apply for the residential component of mixed use development comparable with those for residential flat buildings in Part C.”

Part

Page

Para

Comment

D3

20

3.1

Introduction - Existing Character – “The existing character of Lane Cove Village is defined by its landscaped streetscapes and by a fine grain of retail development of two stories”;

D3

21

3.1

Desired Future Character – “Lane Cove village provides a vibrant active and exciting centre ...... LGA. Its built form and landscaped public domain reflect the distinctive character of the area”;

D3

22

3.1

Objectives – “8. Preserve and enhance the "village" character and landscaping of the Centre, by encouraging a moderate scale of development compatible with its heritage buildings and landscaping and the amenity of its public places; and

H3

4

Heading

To read “Land to which this Part applies” (from “this Plan applies”).

I1

3

1.1

To read “The establishment of new Child Care Centres and variation to the operation of existing Centres require approvals from two authorities”

J2

10

2.2.3(b)

To read “such pruning works are undertaken by a qualified arborist necessary [delete ‘necessary’] and in accordance with…”

Q

21

4.3

To read “Residential Flat Buildings containing four or more storeys – must be provided with garbage chute system(s) …room(s) This is also desirable in Mixed Use developments where possible, depending on design and land uses.”

Q-APXD

42

1.5(b)

To read “The vehicle access…must have a minimum finished floor to ceiling height of 2.60m for residential waste rooms” (from 2.8m)

Q – APX E

47

-

Travel height to read: “2.60 metres” (from 2.65 metres)

2.   The adoption of DCP Amendment 2 be advertised in a local newspaper and Council note that it takes effect from the date of the advertisement.

3.   All people or organisations that made a submission be thanked for their contribution and advised of Council’s resolution.

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

388

RESOLVED on the motion of Councillors Longbottom and Smith that Council congratulate the Strategic Planning section.

 

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

Against the Motion was Nil (Total 0).

 


 

Environmental Services Division Report No. 35

SUBJECT: Funding under Round 3 of Sustainability Small Grants Program

389

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

1.    Endorse funds under Round 3 of the Sustainability Small Grants Program for the following projects:-

·     $1500 – Chatswood South PermaPatch Inc;

·     $1950 – Greenwich Community Association;

·     $1990 – Lane Cove Bushland and Conservation Society Inc;

·     $775 – Lane Cove Out of School Inc;

·     $1980 – Lane Cove Sustainability Action Group;

·     $1400 – Lane Cove West Public School; and

·     $650 – St Ignatius’ College Riverview.

2.    Give Public Notice of the proposed funding under Round 3 of the Sustainability Small Grants Program, and subject to no objections being received, grant the funds as outlined in Resolution 1.

 

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 9:35pm.

 

Confirmed at the Ordinary Council Meeting of 5 December 2011, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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