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Minutes

Ordinary Council Meeting

16 July 2012, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 16 July 2012

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 R. Tudge.

 

ALSO PRESENT: General Manager, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Executive Manager – Open Space & Urban Services, Acting Executive Manager – Human Services, Director – Major Projects, Manager – Strategic Planning, Strategic Planner, Manager – Environmental Health, and Governance Officer.

DECLARATIONS OF INTEREST:

Councillor Brooks-Horn declared a pecuniary interest in LEP Amendment: 1-5 Birdwood Avenue (Lane Cove Club) as he is a Director of the Club.  He indicated he would not discuss or vote on the item.

Councillor Longbottom declared a pecuniary interest in LEP Amendment: 1-5 Birdwood Avenue (Lane Cove Club) as he is a Director of the Club. He indicated he would not discuss or vote on the item.

APOLOGIES 

Apologies were received on behalf of Councillor Smith.

161

RESOLVED on the motion of Councillor Gaffney and Longbottom that the apology be accepted and leave of absence be granted.

 

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

Against the Motion was Nil (Total 0).

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Tom Hodgson from St Aiden’s, Longueville. 

 

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.

 

CONFIDENTIAL ITEMS

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

 

Waste Disposal Contract Extension

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and rates provided by the contractor are confidential in nature and not for public information as they relate to a review and extension of a current contract.

 

 


Waste Collection & Recycling Contract Extension

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and rates provided by the contractor are confidential in nature and not for public information as they relate to a review and extension of the current contract.

 

No members of the public made representations.

 

CLOSED COMMITTEE

162

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

1.       Council resolve into Closed Committee to consider the business identified above.

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

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

 

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

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6:30pm.  The public and media left the chamber.

 

Open Council resumed at 7:00pm.  The public and media were invited into the chamber.

 

Confidential Items

 

The General Manger read the recommendations of the Item/s considered in Closed Committee prior to Council’s consideration:

 

Waste Disposal Contract Extension

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and rates provided by the contractor are confidential in nature and not for public information as they relate to a review and extension of a current contract.

163

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

1.   Council not call tenders for the Disposal of Waste as a satisfactory result would not be achieved by inviting tenders because:

a)   Through NSROC, Council is investigating a regional waste disposal tender with a view to maximising NSROC’s member councils’ purchasing power and the results of those investigations are expected to be available in mid 2015;

b)   It is unlikely that a contract with a term ending in 2015 will include prices as competitive as would be achieved by a longer contract as such a term would not enable recoupment of the capital investment involved in such a contract; and

c)   SITA is prepared to extend the existing contract until 1 December 2015 at prices which are unlikely to be obtained through a tender.

2.   The General Manager be delegated the authority to negotiate and sign contract extension agreements with SITA Australia Pty Ltd  in accordance with the current Waste Disposal Contract for three (3) years until 1 December 2015, consistent with the existing agreement

3.   SITA Australia Pty Ltd be notified of Council’s decision in this matter.

4.   Authority be granted to the Mayor and General Manager to execute the contract documentation under Council’s Common Seal.

 

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

Against the Motion was Nil (Total 0).

 

Waste Collection & Recycling Contract Extension

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and rates provided by the contractor are confidential in nature and not for public information as they relate to a review and extension of the current contract.

164

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that:-

1.   The General Manager be delegated the authority to negotiate and sign contract extension agreements with United Resource Management (URM) Pty Ltd  in accordance with the current Waste Collection & Recycling Contract for three (3) years until 1 October 2015.

2.   The contract provide for the additional or 13th green waste collection service, to be included at no cost, as a variation to the current URM Waste Collection & Recycling Contract.

3.   United Resource Management (URM) Pty Ltd be notified of Council’s decision in this matter.

4.   Authority be granted to the Mayor and General Manager to execute the contract documentation under Council’s Common Seal.

 

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

Against the Motion was Nil (Total 0).

 

SUSPENSION OF STANDING ORDERS

165

RESOLVED on the motion of Councillors Palmer 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, Longbottom, Mcilroy, Palmer, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Diana Hallowes, 29A Johnston Crescent Lane Cove, highlighting concerns regarding the sewer and stormwater infrastructure that runs through the Batten Reserve, specifically the potential environmental impacts of upgrading this infrastructure to cater to increased density in the Mowbray Precinct and in support of the related Notice of Motion.

Sjirk Bangma 18 Kullah Parade Lane Cove, expressing concern for the potential environmental impacts on the Batten Reserve of infrastructure upgrades to sewage and stormwater facilities in the Mowbray Precinct and supporting the related Notice of Motion.

Harvey Sanders, Director of Design Collaborative, citing the negative implications of the proposed rezoning of Marshall Avenue, suggesting neither existing nor proposed controls are appropriate for the area and recommending that a further assessment of the area be undertaken. 

Wendy Stamp, on behalf of St Leonards / North Wollstonecraft Residents Association, objecting to the proposed rezoning of Marshall Avenue and Loftex tower development and supporting the formation of a master plan for the area, developed in conjunction with the community, as outlined in the related Notice of Motion.

Julie Gotleib, 12 Marshall Avenue St Leonards, objecting to the proposed rezoning of Marshall Avenue citing the negative impacts on the amenity of properties to the South and supporting the development of a master plan for the area as outlined in the related Notice of Motion.

Mary Newhouse, 4 Howell Place Lane Cove, highlighting the impacts and confusion associated with the close proximity of Howell Avenue and Howell Place and supporting the renaming of Howell Place to Jacaranda Place.

Frances Vissel, on behalf of the Stringybark Creek Residents Association, expressing concerns regarding the sewer and stormwater infrastructure that runs through the Batten Reserve, specifically the potential environmental impacts of upgrading this infrastructure to cater to increased density in the Mowbray Precinct and suggesting recommendations for minimising the environmental impact on the Reserve.  Speaking on her own behalf, Ms Vissel raised concerns regarding the reclassification of 26A Garling St from community to operational land.

Herbert Larratt, 28 Garling Street Lane Cove, expressing concerns regarding the reclassification of 26A Garling St from community to operational land, specifically hydrological factors including the land’s predisposition to flooding.

Sjirk Bangma, 18 Kullah Parade Lane Cove, supporting the submission of motions to the Local Government Association Conference which aim to reduce free single-use plastic bags and support the implementation of a container deposit scheme.

Merri Southwood, on behalf of the Greenwich Community Association, thanking Council for its prompt response in relation to proposed operational changes at Shell’s Gore Bay Terminal, expressing concern about the potential risks associated with the storage of petrol on site, and requesting Council assist the community to ensure that operations at Gore Bay do not place surrounding residents at a greater risk.

Ezzat Zadeh, 3 Second Avenue Lane Cove, in support of the proposed development for 3 Second Avenue Lane Cove and disagreeing with the recommended reasons for refusal of the application  as addressed in his submission to Council. 

Mandy Stubbs, 5 Second Avenue Lane Cove, objecting to the proposed development for 3 Second Avenue Lane Cove, cdue to the impact on the streetscape, privacy, loss of amenity, timeframe of the proposed development and geotechnical factors.

Paul Stubbs, 5 Second Avenue Lane Cove, objecting to the proposed development for 3 Second Avenue Lane Cove expressing geotechnical concerns relating to the development specifically those relating to the boundary retaining wall.

Bradley Smith 26 Garling Street Lane Cove, expressing disappointment in Council’s recommendation to reclassification of 26A Garling Street from community to operational land and requesting the decision be deferred until appropriate hydrological studies are completed. 

 

RESUMPTION OF STANDING ORDERS

166

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

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 18 JUNE 2012 AND EXTRAORDINARY COUNCIL MEETING – 4 JULY 2012

167

RESOLVED on the motion of Councillors Mcilroy and Palmer that  that the minutes of the Ordinary Council meeting held on the 18 June 2012 and the Extraordinary Council meeting held on 4 July 2012 be received.

 

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

Against the Motion was Nil (Total 0).

168

RESOLVED on the motion of Councillors Mcilroy and Tudge that  that the minutes of the Ordinary Council meeting held on the 18 June 2012 and the Extraordinary Council meeting held on 4 July 2012 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Reports Of Committees

 

Inspection Committee Meeting - 14 July 2012

169

RESOLVED on the motion of Councillors Palmer and Bennison that Council receive and note the report.

 

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

Against the Motion was Nil (Total 0).

 

Mayoral Minutes

 

National General Assembly of Local Government (NGA)

170

RESOLVED on the motion of Councillors Gaffney and Bennison that Council receive and note the report.

 

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

Against the Motion was Nil (Total 0).

 


 

Referred Reports FROM Inspection Committee 14 July 2012

 

Reclassification of Reserves

171

RESOLVED on the motion of Councillors Forrest and Longbottom that Council:-

1.   Amend the planning proposal to remove the restrictions as to user and standard caveat i.e. Standard Caveat K200000P and Q23852 applying to the public reserve in Fleming Street (Lot 9 DP 253441).

2.   Request the Department of Planning & Infrastructure to reclassify the following two reserves to operational from community land:-

a.   89A Centennial Avenue and Hallam Avenue (Lot 114, DP 9653); and

b.   Fleming Street (west of 29A) (Lot 9 DP 253441)

      and to remove public reserve status including obtaining any appropriate approval of the Governor under section 30(2) of the  Local Government Act 1993.

3.   Any reclassification of 26A Garling Street (Lot 13, DP 19114) be deferred pending the completion of appropriate hydrological studies.

 

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

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

 

Matter Arising

Revenue from the sale of fleming street drainage reserve

172

RESOLVED on the motion of Councillors Forrest and Mcilroy that any money acquired through the sale of the Fleming Street drainage reserve not be deposited into general revenue but be set aside for the purchase of bushland.

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

drainage reserve 26A Garling Street

173

RESOLVED on the motion of Councillors Longbottom and Gaffney that Council officers have discussions with neighbours surrounding 26A Garling Street about their interest in purchasing the land.

 

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

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

Council and Committee Meeting Schedule - August 2012

174

RESOLVED on the motion of Councillors Mcilroy and Brooks-Horn that the Council and Committee Meeting Schedule for August 2012 be adopted.

 

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

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Marshall Avenue, St Leonards

175

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that Council undertake a master planning process for the area bounded by the Pacific Highway, River Road, Greenwich Road and the Sydney northern rail line to consider future planning parameters for the area in conjunction with the community, with regard to the NSW Government’s Metropolitan Strategy, the St Leonards Strategy (commissioned by Lane Cove, North Sydney and Willoughby Councils and the NSW Department of Planning), the proximity of a major transport hub and commercial district, on-street parking, social, environmental and other issues of the area, including the specific needs as a consequence of a major regional teaching hospital (RNSH) and the high proportion of medical facilities in the area.

 

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

Against the Motion was Nil (Total 0).

 

MAtter Arising

SCOPING BRIEF AND CONSULTATION FOR ST LEONARDS MASTER PLAN

176

RESOLVED on the motion of Councillors Palmer and Tudge that a Scoping Brief for the study comes back to Council and that it includes details of the community consultation which would occur during the development of the Master Plan.

 

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

Against the Motion was Nil (Total 0).

 

Mowbray Precinct - Sewer / Stormwater Infrastructure

178

RESOLVED on the motion of Councillors Palmer and Forrest that Council:

1. Liaise with Sydney Water:-

a)   to communicate its concern about minimising the environmental impacts on Batten Reserve from any upgrade to the sewer line in that area;

b)   to investigate options which have the least impact on the Batten Reserve; and

c)   report back on any developments in regard to the proposed sewer upgrade; and

2. Lobby the State and Federal Government to fast track the required infrastructure upgrade to the Lane Cove catchment which will better manage wet weather sewerage overflows; such as a stormwater containment project which could provide a solution “at source” and may obviate the need to upgrade the sewer line in the Batten Reserve.

 

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

Against the Motion was Nil (Total 0).

 


 

Development Control Plan for Battleaxe Blocks

179

RESOLVED on the motion of Councillors Palmer and Forrest that a report come back to Council about the DCP controls that could be used to improve the planning process for battleaxe blocks.

 

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

Against the Motion was Nil (Total 0).

 

Development of a Local Government Reconciliation Action Plan (RAP)

180

RESOLVED on the motion of Councillors Bennison and Tudge that a motion be submitted to the 2012 Local Government Association Conference that the Local Government Association in conjunction with Reconciliation Australia, Aboriginal Elders, ALC and other stake holders seek to develop a Local Government RAP.

 

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

Against the Motion was Nil (Total 0).

 

Request to Change LGSA Constitution to Address Concerns of Quorum at Local Government Conferences

Procedural Motion

181

RESOLVED on the motion of Councillors Bennison and Longbottom that the following motion be dealt with ad seriatim.

 

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

Against the Motion was Nil (Total 0).

182

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

1.   A motion be submitted to the 2012 Local Government Association that the Local Government Association in accordance with Clause 66(a) write to Fair Work Australia and seek written approval to change Clause 21 to read:-

“The quorum for a Conference shall be fifty (50) percent of delegates and members of the Executive Committee to the Conference plus one (1). The business of a Conference shall not be conducted unless a quorum is present. Quorum shall be determined each morning from the delegates in attendance.”

 

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

Against the Motion were Councillors Forrest, Palmer and Tudge (Total 3).

183

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

2.   A motion be submitted to the 2012 Local Government Association that the LGA withdraw its membership from Fair Work Australia and become an independent organisation governed by the duties provisions provided in the Corporations Law.

 

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

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

 


Officer Reports for Determination

 

Planning Proposal 11/2011 for 1-25 Marshall Avenue, St Leonards

 

MOTION

A Motion was moved by Councillors Brooks-Horn and Longbottom that the matter be deferred.

 

AMENDMENT

An amendment was moved by Councillors Palmer and Tudge that consideration of the proposed LEP amendments be deferred until Councillors have been provided with the following information:-

1.      Details of the 2007 draft LEP for the area;

2.      A report on the suitability of the proposed FSR for the eastern portion of the site given the staff recommendation of a reduction in the proposed height;

3.      Amended FSR and height maps of the proposal which correct any drafting errors;

4.      A report on the powers of the JRPP to make an LEP amendment; and

5.      A report on the possible planning / DA outcomes if Council does not proceed with the proposed LEP amendment.

 

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

 

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

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

 

The Amendment became the Motion.

184

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

 

For the Motion were Councillors Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge and Gaffney (Total 6).

Against the Motion were Councillors Bennison and Longbottom (Total 2).

 

3 Second Avenue, Lane Cove

 

MOTION

A Motion was moved by Councillors Bennison and Brooks-Horn that pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, 1979, as amended, the development consent D281/2010, refused on 4 April 2011 for the construction of an access driveway and a double garage on lot 22 DP19003 and known as 3 Second Avenue, Lane Cove, Council approve the application by way of a deferred commencement subject to the following conditions:-

A.      That a geotechnical report be submitted to Council at the cost of the applicant to confirm/deny concerns of Council officers regarding excavation, structure integrity of adjoining walls, drainage and other concerns.

B.      That plans be submitted providing for two car spaces.

C.

1.       (20) That the development be strictly in accordance with drawing number A-01G, A-02H and A-05H Revision H dated 23/06/12  by Ezzat Zadeh except as amended by the following conditions.

2.       All south facing windows to the proposed addition shall be obscure up to the height of 1700mm above the finished floor level prior to issue of construction certificate.

3.       Provision of a geotechnical report in accordance with the recommendation of the submitted structural engineer’s report prior to issue of construction certificate.

4.       Plans to fully indicate earthworks, all retaining walls details including batter slopes and crib wall  prior to issue of construction certificate.

5.       Provide a registered Quantity Surveyor’s estimate for the cost of works and pay Council the balance of the DA fee prior to issue of construction certificate.  

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

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

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

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 $20,000.

11.     (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.

12.     (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.

13.     (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.

14.     (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.

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)      The pier holes/pads before filling with concrete;

b)      All reinforcement prior to filling with concrete;

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

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

e)      Installation of steel beams and columns prior to covering;

f)       Waterproofing of wet areas;

g)      Stormwater drainage lines prior to backfilling; and

h)      Completion.

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

a)      underpinning;

b)      retaining walls;

c)      footings;

d)      reinforced concrete work;

e)      structural steelwork;

f)       floor and roof framing; and

g)      shoring details

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.     (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

 

21.     Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

a)      Dampcourse level;

b)      The establishment of the floor level;

c)      The roof framing; and

d)      The completion of works.

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

22.     (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.

23.     (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.

24.     (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

25.     (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

26.     (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

Rural Fire Service Conditions

27.     Asset Protection Zones

          The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following condition shall apply:

(a)     At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of “Planning for Bush Fire Protection 2006” and the NSW Rural Fire Service’s document “Standards for asset protection zones”.

28.     Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

(a)   New construction on the eastern elevation(s) shall comply with section 6 (BAL 19) Australian Standard AS3959−2009 'Construction of buildings in bush fire−prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

(b)   New construction on the northern and southern elevations shall comply with section 5 (BAL 12.5)Australian Standard AS3959−2009 'Construction of buildings in bush fire−prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

(c)   The existing building is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non−corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

Tree Conditions

29.     (300)  Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,00 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500.00 for an individual and $3,000.00 for a corporation.  The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality.  All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove.

30.     (302)  The applicant must obtain written Authority prior to pruning or removal of any trees; greater than 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.

31.     (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

32.     (354)  Footing, trench or excavation that is within 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

 

 

General Engineering Conditions

33.     (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.

34.     (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. 

35.     (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.

36.     (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.

37.     (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.

38.     (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.

39.     (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’.

40.     (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.

41.     (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.

Engineering Conditions to be Complied with Prior to Construction Certificate

42.     (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.

43.     (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

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

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

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

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

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

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

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

44.     (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

45.     (V1) Proposed Vehicular Crossing: The proposed 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

46.     (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

47.     (V4) Car Parking Certification: The plans and supporting calculations of the internal driveway, turning areas, ramps, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall be submitted to the Principal Certifying Authority. 

The plans shall be prepared and certified by a suitably qualified engineer. The design is to be certified that it fully complies with AS 2890 Series and Council's standards and specifications. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.  

48.     (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $2000.00 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.

49.     (C1) Erosion and Sediment Control Plan: Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

Engineering Condition to be Complied with Prior to Commencement of Construction

50.     (C2) Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied with Prior to Occupation Certificate

51.     (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 Councillors Palmer and Tudge that pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, 1979, as amended, the decision in relation to the development consent D281/2010, refused on 4 April 2011 for the construction of an access driveway and a double garage on lot 22 DP19003 and known as 3 Second Avenue, Lane Cove, be reaffirmed and Council refuse the review of determination application for the following reasons:-

1.  The proposal does not meet Lane Cove LEP 2009 objective which requires that landscaping is maintained and enhanced as a major element in the residential environment.

2.  The proposal does not comply with Lane Cove Development Control Plan, which requires that alterations & additions to existing dwellings are well designed and compatible with the surrounding context and enhance the streetscape within the area.

3.  The proposal does not comply with Lane Cove Development Control Plan, which requires that the scale and appearance should be in keeping with the predominant traditional or emerging street and neighbourhood character; ensure the existing landscape character of the area is maintained and enhanced; ensure the existing topography of the site is reinforced by dwelling design; ensure that garages, carports and driveways do not dominate the dwelling or streetscape.

4.  The proposal does not comply with Lane Cove Development Control Plan as the proposal does not maintain the predominant street setback line and encroaches into that predominant setback by up to 7m.

5.  The proposal does not comply with Lane Cove Development Control Plan with regard to cut and fill as the proposal will not retain natural ground levels or existing landforms and substantial cut over 1m adjacent to side boundaries will be required for the garage and driveway levels.

6.  The proposal does not comply with Lane Cove Development Control Plan as the proposal is an inappropriate design solution to meet the onsite car parking requirement.

7.  The proposal does not comply with Lane Cove Development Control Plan as the proposal would impact upon the visual amenity of the adjoining dwelling to the south.  

8.  The proposed development would not provide disabled access to the existing dwelling house as there would still be 25 steps from the garage floor level to the dwelling house floor level.  

9.  The proposed development is not in public interest and would set an undesirable precedent.

 

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

 

For the Motion were Councillors Bennison, Brooks-Horn and Longbottom (Total 3).

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

 

The Foreshadowed Motion became the Motion.

185

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

 

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

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

 

Draft Policy for the Planting / Landscaping of Nature Strips

 

186

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

1.  Endorse the Draft Policy for the Planting / Landscaping of Nature Strips dated 18 July 2012 for the purpose of public exhibition.

2.  Place the Draft Policy for the Planting / Landscaping of Nature Strips on public exhibition for 6 weeks and community consultation take place in accordance with the consultation strategy outlined in this report.

3.  Receive a further report following the exhibition period to consider the results of the community consultation.

 

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

Against the Motion was Nil (Total 0).

 

 

 


LEP Amendment: 1-5 Birdwood Avenue (Lane Cove Club)

Councillors Brooks-Horn and Longbottom reaffirmed their interest in this matter and left the meeting and took no further part in debate or discussion.

187

RESOLVED on the motion of Councillors Bennison and Palmer that the Revised Planning Proposal 2/2011 for 1-5 Birdwood Avenue, permitting a floor space ratio of a maximum of FSR 2.5:1, be submitted to the Department as exhibited, seeking notification as an  LEP amendment.

 

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

Against the Motion was Nil (Total 0).

Absent were Councillors Brooks-Horn and Longbottom (Total 2).

 

Councillors Brooks-Horn and Longbottom returned to the meeting at 9:32pm.

 

LEP Amendment - Subdivision of Roads

188

RESOLVED on the motion of Councillors Palmer and Tudge that Council approve LEP Planning Proposal 5/2011 – Subdivision of Roads as exhibited for submission to the Department requesting finalisation by amendment of LEP 2009.

 

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

Against the Motion was Nil (Total 0).

 

Howell Place - Address Proposal

189

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

1.  Council not undertake any further action to rename Howell Place;

2.  Residents be advised in writing of the decision; and

3.  Google Maps be notified of their mapping error.

 

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

Against the Motion was Councillor Longbottom  (Total 1).

 

Councillor Mcilroy left the meeting at 9:40pm.

 

DCP Amendment 3 - Supermarket Parking

190

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council:-

1.  Endorse, for the purposes of public exhibition, DCP Amendment 3 being the proposed inclusion of a car parking rate of 1 space per 23.8m2 of gross floor area and the definition for a supermarket development being a large (gross floor area of greater than 750sqm), usually self-service, shop or market selling food and possibly other domestic products”.

2.  Place DCP Amendment 3 on Public exhibition for 6 weeks in accordance with the Consultation Strategy outlined in the report; and

3.  Receive a further report following the exhibition period to consider the results of the community consultation.

 

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

Against the Motion was Councillors Tudge (Total 1).

Absent was Councillor Mcilroy (Total 1).

 

Councillor Mcilroy returned to the meeting at 9:43pm.

 

Lane Cove Traffic Committee Meetings held Tuesday 15 May 2012 and Tuesday 19 June 2012

191

RESOLVED on the motion of Councillors Palmer and Forrest that the recommendations of the Lane Cove Traffic Committee meetings held Tuesday 15 May 2012 and Tuesday 19 June 2012 be adopted subject to the spelling of Osborne Park, in Item Y4 of the 15 May Agenda and Minutes, being corrected.

 

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

Against the Motion was Nil (Total 0).

 

Motions for Local Government Association Conference 2012

192

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

1.  Submit a motion on the “Option of Advertising by Electronic Means” to the 2012 Local Government Association Conference.

2.  Write to other NSW councils seeking their support in making representations to the Premier to change the advertising requirements for councils to allow electronic means as well as newspapers for advertising.

3.  Submit a motion to the Local Government Association Conference 2012 that the Local Government Association make representations to the State and Federal Government  ministers to introduce legislation that would ban or impose a levy on free single-use plastic shopping bags, as a timely measure that:-

a.      shows solidarity with the stated position of the LGSA in supporting ‘extender producer responsibility’ by retailers and waste reduction at the source;

b.      notes the lack of legislation to impose a levy on free single-use plastic bags;

c.      reinforces a levy or ban as an important state and national measure to decrease packaging litter, already successfully modeled by national retailers, Target, Aldi and Bunnings; by legislation passed in the states of South Australia, Northern Territory and ACT; by towns such as Coles Bay (Tasmania) and Mogo (southern NSW) in 2003, and planned by Council for the City of Freemantle in 2012;

d.      reduces the effects of environmental pollution on animal and human life; and

e.      reduces the financial impost single-use plastic shopping bag waste has on Councils.

 

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

Against the Motion was Councillor Longbottom (Total 1).

 

Policy Manual Review - Phase 3

193

RESOLVED on the motion of Councillors Mcilroy and Palmer that Council amend the policies in the Policy Manual as listed in AT-1 Policy Manual Recommended Amendments (from M-Y) and policies F04002 Rock Faces and Flora and F04003 Boat Sheds, dated 9 July 2012.

 

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

Against the Motion was Nil (Total 0).

 


Officer Reports for Information

 

Shell Gore Bay - State Significant Development - Terminal Conversion

194

RESOLVED on the motion of Councillors Palmer and Longbottom that Council receive and note the report.

 

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

Against the Motion was Nil (Total 0).

 

Councillor Forrest left the meeting at 9:59pm.

 

Council Snapshot

195

RESOLVED on the motion of Councillors Mcilroy and Palmer that Council receive and note the report.

 

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

Against the Motion was Nil (Total 0).

 

 

CLOSE

 

The meeting closed at 10:01pm.

 

Confirmed at the Ordinary Council Meeting of 20 August 2012, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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