MINUTES OF ORDINARY COUNCIL MEETING

MEETING OF THE COUNCIL OF THE CITY OF RANDWICK

HELD ON TUESDAY, 23RD APRIL, 2002 AT 6:27 P.M.

 

 

PRESENT:

 

His Worship the Mayor, Cr D. Sullivan (North Ward) (Chairperson)

 

Councillor M. Daley (South Ward) (Deputy Mayor)

 

North Ward                                         -           Crs J. Greenwood and P. Tracey

 

South Ward                                          -           Crs C. Matthews and A. White

 

East Ward                                            -           Crs F. Backes, B. Notley-Smith and M. Matson

 

West Ward                                          -           Crs P. Schick, M. Whitehead and J. Procopiadis

 

Central Ward                                       -           Crs C. Bastic, T. Seng (from 9.33 p.m.)

                                                                        and A. Andrews

 

OFFICERS PRESENT:

 

General Manager                                                                                  Mr. G. Messiter.

Director Asset & Infrastructure Services                                               Mr. M. Savage.

Acting Director Planning & Environment                                                Ms. S. Truuvert.

Director Governance Management & Information Services                    Mr. M. Hummerston.

Acting Public Officer                                                                             Mr. D. Kelly.

Acting Communications Manager                                                          Ms. L. Fragiacomo.

Manager Performance Improvement                                                     Ms. K. Walshaw.

Acting Manager Development Assessment                                            Mr. K. Kyriacou.

Manager Waste                                                                                    Mr R. Wade.

 

1.                  COUNCIL PRAYER

 

The Council Prayer was read by His Worship the Mayor, Cr D. Sullivan.

 

2.         APOLOGIES.

 

Nil.

 

3.         MINUTES

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 26TH MARCH, 2002.

 

67       RESOLUTION:  (Schick/Procopiadis) that the Minutes of the Ordinary Council Meeting held on Tuesday 26th March, 2002 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.


CONFIRMATION OF THE MINUTES OF THE EXTRAORDINARY COUNCIL MEETING HELD ON TUESDAY, 9TH APRIL, 2002.

 

68       RESOLUTION:  (Andrews/Procopiadis) that the Minutes of the Extraordinary Council Meeting held on Tuesday, 9th April, 2002 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

RESOLVED: (Matson/Notley-Smith) that at the subsequent Council meeting, Cr Whitehead disputed the recording of a division vote against her name in relation to the amendment to Council’s Code of Meeting Practice.

 

RESOLVED: (Andrews/Bastic) that the meeting be adjourned at 6.30 p.m. to permit members of the public entitled and wishing to address the assembled Councillors.

 

4.         ADDRESSES TO THE COUNCIL BY THE PUBLIC.

 

1.         Ms Michelle Burrell (Kingsford Legal Centre) 11 Rainbow Street, Kingsford on Item 8.1, Director Assets & Infrastructure Services’ Report No. 35/2002 – Kingsford Markets Site.

 

2.         Mr Scott Clarke, 5 Grosvenor Street, Kensington on Item 10.1, Director Planning & Environment’s Report No. 17/2002 – 8-10 Grosvenor Street, Kensington.

 

3.         Mr Anthony Betros, 97 Anzac Parade, Kensington on Item 10.1, Director of Planning & Environment’s Report No. 17/2002 - 8-10 Grosvenor Street, Kensington.

 

4.         Mr Paul Compton, 29 Cowper Street, Randwick on Item 10.2, Director of Planning & Environment’s Report No. 18/2002 – 44-48 Cowper Street, Randwick.

 

5.         Mr Rob Albon, 57 Hereford Street, Glebe on Item 10.2, Director of Planning & Environment’s Report No. 18/2002 – 44-48 Cowper Street, Randwick.

 

6.         Mr Lindsay Fletcher, PO Box 1080, Miranda on Item 10.2, Director of Planning & Environment’s Report No. 18/2002 – 44-48 Cowper Street, Randwick.

 

7.         Mr Andrew Tosti, 24 Daintrey Crescent, Randwick on Item 12.4 , Motion Pursuant to Notice by Cr Matson – Council Rangers Response to Illegally Blocked Driveways.

 

The meeting was resumed at 7.31 p.m.

 

69        RESOLUTION: (Procopiadis/Schick) that the Director of Planning & Environment Reports be brought forward and dealt with at this stage of the Meeting (See Minute No’s 88 to 91)

 

5.         MAYORAL MINUTES.

 

5.1       MAYOR'S MINUTE 23/2002 - USE OF DAIS AND ERECTION OF BANNER - MARCELLIN COLLEGE FETE.  (98/S/0096)

 

70                RESOLUTION:  (His Worship the Mayor, Cr D. Sullivan) that Council vote $1,500 to cover the cost of the installation and removal of the dais and banner for the Marcellin Annual Fete to be held on Saturday 25 May, 2002 and this be funded from the Councillors’ Bids Vote.

 

 

MOTION:  (His Worship the Mayor, Cr D. Sullivan) SEE RESOLUTION.

 

5.2       MAYOR'S MINUTE 24/2002 - USE OF CLOVELLY BAY - SWIM FOR A WISH EVENT.  (98/S/0492)

 

71                RESOLUTION:  (His Worship the Mayor, Cr D. Sullivan) that Council vote $175.70 to cover the fees associated with the “Swim for a Wish” event to be held at Clovelly Bay on Sunday 14th April, 2002 and this be funded from the Councillors’ Bids Vote.

 

MOTION:  (His Worship the Mayor, Cr D. Sullivan) SEE RESOLUTION.

 

5.3       MAYOR'S MINUTE 25/2002 - BANNER ACROSS COOGEE BAY ROAD - REQUEST FOR ASSISTANCE. (98/S/0095)

 

72                RESOLUTION:  (His Worship the Mayor, Cr D. Sullivan) that Council vote to cover the cost of erecting and dismantling the banner across Coogee Bay Road advertising Waverley College’s 27th Annual Art and Craft Show to be held on the weekend of 3, 4 and 5 May, 2002, subject to written permission being obtained from the owners of the properties from where the banner is installed in Coogee Bay Road and this be funded from the Councillors’ Bids Vote.

 

MOTION:  (His Worship the Mayor, Cr D. Sullivan) SEE RESOLUTION.

 

5.4       MAYOR'S MINUTE 26/2002 - RSPCA - MILLION PAWS WALK - REQUEST FOR USE OF COUNCIL STAGE.  (98/S/0095)

 

73        RESOLUTION:  (His Worship the Mayor, Cr D. Sullivan) that Council vote to cover the cost of lending the stage to the RSPCA for The Million Paws Walk” to be held at Centennial Park on Sunday, 19 May, 2002 and this be funded from the Councillors’ Bids Vote.

 

MOTION:  (His Worship the Mayor, Cr D. Sullivan) SEE RESOLUTION.

 

6.         REPORT OF THE CIVIC AFFAIRS COMMITTEE MEETING HELD ON 23RD APRIL, 2002 .

 

6.1       ORAL MAYORAL REPORT – SISTER CITY – CASTERLLORIZO, MAYORAL MINUTE 27/2002 – VISIT TO WARREN SHIRE COUNCIL AND DIRECTOR GOVERNANCE MANAGEMENT & INFORMATION SERVICES' REPORT 14/2002 - DELEGATION OF AUTHORITY TO CIVIC AFFAIRS COMMITTEE.  (98/S/3457 xr 98/S//0305/6 xr 98/S/0835 xr 98/S/1080)

 

74                RESOLUTION:  (Andrews/Procopiadis) that:

 

a)         The oral report on the past visit of His Worship the Mayor, Cr D. Sullivan to Council’s Sister City of Casterllorizo be noted;

 

b)         Council accept the invitation by Mayor Wilson to visit the Shire of Warren on the weekend of the 18-19th May 2002;

 

c)         The Civic Affairs Committee be granted delegated authority, pursuant to Section 377 of the Local Government Act, to deal with those matters listed on the agenda of the Committee, subject to compliance with all Council policies and lawful directions made by the Council or any public authority;

 

d)         Council’s Policy No. 1.01.18 be amended to detail the full delegation of authority to the Civic Affairs Committee to determine all matters contained on the Committee’s agenda and which relate to the Committee’s duties/functions; and

 

e)         The Policy Register be updated accordingly.

 

MOTION: (Andrews/Procopiadis) SEE RESOLUTION.

 

6.2       CENTENARY OF FEDERATION.  (98/S/3457)

 

74A     RESOLUTION:  (Schick/Andrews) that a report be prepared by the relevant Council officer for the next Meeting of the Civic Affairs Committee to be held at 5.30 p.m. on Tuesday 25th June, 2002 detailing the outcomes from the last Centenary of Federation Committee Meeting, as adopted by Council.

 

MOTION:  (Schick/Andrews) SEE RESOLUTION.

 

7.         GENERAL MANAGERS’ REPORT.

 

7.1       GENERAL MANAGER'S REPORT 6/2002 - AFFIXING COUNCIL'S SEAL TO DOCUMENTATION.  (D/1026/2001 xr P/002379)

 

75        RESOLUTION:  (Bastic/Daley) that the Council’s Seal to be affixed -

 

a)         To the signing a licence agreement between Council and Mr. Raffaele Vizza at 41 Perouse Road, Randwick for the purpose of outdoor dining; and

 

b)         To the signing of a Deed of Release between Council and Woolworths Limited regarding settlement of monies owed to Council for property at 184-186 Coogee Bay Road, Coogee.

 

MOTION:  (Bastic/Daley) SEE RESOLUTION.

 

8.         DIRECTOR ASSET & INFRASTRUCTURE SERVICES’ REPORTS.

 

8.1       DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 35/2002 - KINGSFORD MARKETS SITE.  (P/002600)

 

76        RESOLUTION:  (Procopiadis/Schick) that

 

(a)               The Director Asset and Infrastructure Services’ Report No 35/2002 be noted;

 

(b)               Council appoint a consultant to prepare a report for the June Council meeting on the most appropriate use of the site; and

 

(c)                The Acting Manager Community Services and the Director Assets & Infrastructure Services report to the June Council meeting on the present status of the affected community based organisations and on a process of community consultation with these organisations.

 

AMENDEMENT: (Matson/Greenwood) that an urgent meeting be undertaken with representatives of the Kingsford Legal Centre to discuss Council’s plans for the site.  LOST.

 

MOTION: (Procopiadis/Schick) SEE RESOLUTION.

 

(Cr Matson requested that his name be recorded as opposed to the resolution.)

 

8.2       DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 36/2002 - BOWEN LIBRARY AWNING.  (98/S/4415 xr 98/S/0178)

 

77        RESOLUTION:  (Bastic/Andrews) that this matter be deferred to the next Works Committee meeting to allow the tenants to address Council on the problems being experienced with the Bowen Library building.

 

MOTION: (Bastic/Andrews) SEE RESOLUTION.

 

8.3       DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 37/2002 - MAROUBRA BEACH PARKING.  (98/S/1531 xr 98/S/0178)

 

78        RESOLUTION:  (Bastic/Andrews) that:

 

(a)               Plans be prepared for the provision of additional angle parking spaces in the Maroubra Beach area and these works be included for consideration in the Council’s 2002-2003 Management Plan; and

 

(b)               A site meeting for Ward Councillors be held with a view to examining possibilities for providing further parking spaces in the Maroubra Beach area.

 

MOTION: (Bastic/Andrews) SEE RESOLUTION.

 

8.4       DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 38/2002 - NEPTUNE STREET, COOGEE.  (R/0563/02 XR R/0783/02)

 

79        RESOLUTION:  (Notley-Smith/Backes) that the closure of Neptune Street Coogee be considered for priority funding as part of the Coogee Beach Plan of Management works in future budgets.

 

MOTION: (Notley-Smith/Backes)  SEE RESOLUTION.

 

8.5       DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 39/2002 - SKATE PARK FACILITY MAROUBRA BEACH.  (98/S/0740)

 

80        RESOLUTION:  (Andrews/Bastic) that:

 

(a)               The Director Asset and Infrastructure Services Report be noted and the petitioners be advised of Council’s actions in providing a Skate Park facility at Maroubra Beach;

 

(b)               A report be prepared for the next meeting of Council in respect of the management of the Maroubra Beach Skate Park, including but not limited to the following:-

 

lighting;

security and fencing;

hours of operation;

organising of competitions;

first aid;

rules of operation; and

 

(c)        The proposed Youth Advisory Committee have an input into the management and operation of Maroubra Beach Skate Park.

 

MOTION:  (Andrews/Bastic) SEE RESOLUTION.

 

8.6       DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 40/2002 - STORMWATER ISSUES COOGEE BEACH.  (98/S/0640)

 

81        RESOLUTION:  (Backes/Notley-Smith) that the Director Asset and Infrastructure Services’ Report No 40/2002 on stormwater issues at Coogee Beach be noted.

 

MOTION:  (Backes/Notley-Smith) SEE RESOLUTION.

 

AMENDMENT: (Matson/Greenwood) that the cost of a consultant be included for consideration in the forthcoming budget and this consultant be charged with the task of resolving the situation of the stormwater ponding at Coogee Beach.  LOST.

 

8.7       DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 41/2002 - MAINTENANCE TO THE SOUTH COOGEE ESTATE AREA.  (98/S/2910)

 

82        RESOLUTION:  (Bastic/Andrews) that:

 

a)         identified maintenance matters related to footpaths within the South Coogee Estate and other works in Emily McCarthy Park be undertaken as required and in accordance with Council’s existing maintenance allocations;

 

b)         JCDecaux Australia Pty Ltd be invited to discuss the provision of non-advertising bus shelters within the City of Randwick and that payment of the shelters be offset against the income derived from the installation of the additional advertising shelters; and

 

c)         Subject to successful negotiations with JCDecaux Australia Pty Ltd, a further report be submitted to Council indicating the identified priority locations for the installation of non-advertising bus shelters.

 

MOTION:  (Bastic/Andrews)  SEE RESOLUTION.

 

8.8       DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 42/2002 - TENDER 03/02 - PLANT AND EQUIPMENT.  (98/S/4494)

 

83        RESOLUTION:  (Procopiadis/Daley) that:

 

A)        Council accept the tenders submitted below that are recommended by the committee (backup suppliers bracketed): 

 

a)         Excavators- Giltec (Brefni)

b)         Small Loaders-Giltec (Brefni)

c)         Loaders- Giltec          

d)         Backhoe/Loader- Tony L (Brefni & Lloyd Simpson)

e)         Travel Towers – Kennards Hire

f)          Minor Plant- Coates Hire      

g)         Traffic Management- Shorco Hire    

h)         Shoring Equipment- Shorco Hire

i)          Rollers- Coates Hire

j)          Trucks-

·                    3t –Brefni

·                    8t- Giltec

·                    10t-Giltec

·                    15t-R&B Cleary

 

k)         Graders – No tenders submitted

l)          Kerb and Gutter Machine – No tenders submitted

m)        Labour – No tenders submitted

n)         Dewatering equipment no tenders submitted

 

B)         The unsuccessful tenderers be notified of the tender result; and

 

C)        The Mayor and General Manager or their delegated representative be authorised to enter into agreements for preferred supplier status with the successful tenderers for a period of not greater than 2 years with the option of extending the period of the agreement for a further 1 year.

 

MOTION: (Procopiadis/Daley)  SEE RESOLUTION.

 

8.9       DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 44/2002 - TREE MANAGEMENT POLICIES AND STRATEGIES.  (98/S/1847)

 

84        RESOLUTION:  (Procopiadis/Schick) that:

 

a)                  The revised Street Tree Master Plan;

b)                  The draft Sewerage / Stormwater Drain Blockage Policy and Procedure; and

c)                  The draft strategy for Managing the Damage Caused by Aggressive-rooted Street Trees

 

be placed on public exhibition for a period of six weeks, following which a further report be prepared for consideration by Council and Council’s Tree Management Officer be requested to attend that Council meeting to provide any additional advice required.

 

MOTION:  (Procopiadis/Schick)  SEE RESOLUTION.

 

8.10     DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 45/2002 - TREE MANAGEMENT CONTRACTOR.  (P/012409 xr 98/S/3380)

 

85        RESOLUTION:  (Daley/White) that the Director Asset and Infrastructure Services’ Report No. 45/2002 be noted.

 

MOTION:  (Daley/White) SEE RESOLUTION.

 

9.         DIRECTOR GOVERNANCE, MANAGEMENT & INFORMATION SERVICES’ REPORTS.

 

9.1       DIRECTOR GOVERNANCE MANAGEMENT & INFORMATION SERVICES' REPORT 12/2002 - DOUBTFUL DEBTS - APPROVAL TO WRITE OFF.  (98/S/0040 xr P/003989)

 

86        RESOLUTION:  (Schick/Procopiadis) that in accordance with the provisions of the Local Government (Financial Management) Regulation 1993, the sum of $59,425.10 to be written-off.

 

MOTION: (Schick/Procopiadis) SEE RESOLUTION.

 

9.2       DIRECTOR GOVERNANCE MANAGEMENT & INFORMATION SERVICES' REPORT 15/2002 - COUNCIL'S INDUCTION COURSE.  (98/S/2832)

 

87        RESOLUTION:  (Backes/Andrews) that:

 

(a)        A corporate guideline to advise staff of the correct protocols for interactions between Councillors and staff be developed by the Public Officer;

 

(b)        The corporate guideline be included in the induction package given to new employees and maintained on Council’s Intranet site; and

 

(c)        Immediate supervisors explain to new employees the correct protocols for interaction between Councillors and staff.

 

MOTION: (Backes/Andrew) SEE RESOLUTION.

 

10.       DIRECTOR PLANNING & ENVIRONMENT’S REPORTS.

 

10.1  DIRECTOR PLANNING & ENVIRONMENT'S REPORT 17/2002 - 8-10 GROSVENOR STREET, KENSINGTON.  (D/0933/2001)

 

(Note: Director of Planning & Environment’s Reports Nos. 17/2002 to 20/2002 were dealt with earlier in this Meeting (See Minute No. 69)

 

88        RESOLUTION:  (Procopiadis/Daley) that:

 

A.         Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 933/2001 for Demolition of the two existing dwelling houses and the construction of a three storey (4 level) multi unit housing development comprising 10 x one bedroom and 2 x two bedroom dwellings with associated basement car parking at 8-10 Grosvenor Street, Kensington for the following reasons:-

 

1.         The proposal does not comply with the Aims of Clauses 2 (e) and (g) and the Objectives of Clause 12(1) (c) of Randwick Local Environmental Plan 1998.

 

2.         The proposal does not comply with the stated purposes of Clauses 32 and 33 of Randwick Local Environmental Plan 1998 in relation to floor space ratio and wall height, and the State Environmental Planning Policy No.1 objections in relation to the proposal’s departures from Clauses 32(1) and (2), and 33(4) of Randwick Local Environmental Plan 1998 in particular, are not considered to be well founded and justified.

 

3.         The proposal is inconsistent with and contrary to the Objectives and identified Requirements of the following Parts contained in the Randwick Development Control Plan-Multi Unit Housing:

 

-           Part 2.1-Vision for Randwick-Desired Future Character (Type 3 Streetscape)

-           Part 3.1- Site Planning (P1, P2 and S2), Part 3.2- Height (P2), Part 3.3- Building Setbacks (P2 and P3), Part 3.4-Density (P1), Part 3.5- Fences (P1).

-           Part 4.1-Landscaping and Private Open Space (P2), Part 4.2- Privacy (P1).

-           (P2) Part 5.3-Storage (P1).

-           Part 6.1-Heritage Conservation and/or Heritage Items (P3).

 

4.         The proposal does not comply with the Aims, Objectives, Requirements and standards of Randwick Development Control Plan-Parking. In respect to manoeuvrability within the basement car park.

 

5.         The proposal would constitute an overdevelopment of the site.

 

6.         The proposal would have an adverse impact upon local residential amenity in terms of visual bulk and scale, overshadowing, and provides inadequate landscaping along the western boundary for an effective visual buffer.

 

7.         The architectural character and design of the proposed development does not respect, enhance and compliment the dominant existing character and the desired future character of development in Grosvenor Street.

 

8.         The proposal does not comply with the principle and provisions of Draft SEPP 65 – Design Quality of Residential Flat Development and result in poor internal site amenity.

 

9.         The proposal does not comply with the provisions of Clause 46 of the Randwick Local Environmental Plan 1998, as the proposed building will have a detrimental impact on the heritage significance of No. 16 Grosvenor Street.

 

10.       The proposed development would create an undesirable precedent for future development in Grosvenor Street.

 

11.       The proposal is not in the public interest.

 

12.       The proposal does not adequately address issues/concerns raised in resident submissions.

 

13.       The proposal has not provided adequate details relating to the proposed material, texture, colour, style and type of finish to be used in the exterior of the proposed building.

 

MOTION: (Matthews/Whitehead) that Council as the responsible authority grant its development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 933/2001 for demolition of the two existing dwelling houses and the construction of a three storey (4 level) multi unit housing development comprising 10 x one bedroom and 2 x two bedroom dwellings with associated basement car parking at 8-10 Grosvenor Street, Kensington.  LOST.

 

FURTHER MOTION:  (Procopiadis/Daley) SEE RESOLUTION.

 

10.2  DIRECTOR PLANNING & ENVIRONMENT'S REPORT 18/2002 - 44-48 COWPER STREET, RANDWICK.  (D/1111/2001)

 

(NOTE:  A NOTICE OF RESCISSION MOTION WAS HANDED TO THE GENERAL MANAGER PRIOR TO THE CONCLUSION OF THE MEETING AND WILL BE CONSIDERED AT THE EXTRAORDINARY MEETING OF THE COUNCIL ON 30TH APRIL, 2002.)

 

89        RESOLUTION:  (Bastic/Tracey) that:

 

A.            Council, as the consent authority, support the objection under State Environmental Planning Policy No.1 (SEPP1) in respect to non-compliance with Clause 32 of the Randwick Local Environmental Plan 1998 (relating to floor space ratios) on the grounds that the proposed development is consistent with the objectives of Clause 32 and will not adversely affect the streetscape character or the amenity of the surrounding area, and that the NSW Department of Urban Affairs and Planning be advised accordingly; and

 

B.             Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 1111 of 2001 To demolish the existing dwellings and erect a multi-unit housing development of 3 storeys above basement parking levels, comprising 31 dwellings and 45 car parking spaces. at 44-48 Cowper Street, Randwick subject to the following conditions:-

 

Deferred Commencement Conditions

 

The consent is not to operate until the following material has been submitted to and approved by the Acting Director of Planning and Environment:

 

1.                  Details of External Colours, Material and Textures

Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) of the external surfaces of the proposed new buildings, which are compatible with the surrounding area and minimise solar glare and reflectivity

 

2.        The three lots being consolidated into one allotment.

 

Evidence required to satisfy the above conditions must be submitted to Council within 3 months of the date of this consent in accordance with Clause 95 (3) of the Environmental Planning and Assessment Amendment Regulation 1998, or the consent will lapse.

 

Development Consent Conditions

 

Subject to compliance with the deferred commencement conditions, to the satisfaction of the Acting Director of Planning and Environment, development consent is granted under Section 80 & 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

REFERENCED PLANS

 

1.                  The development must be implemented substantially in accordance with the following amended drawings:

 

Plan No.

Title

Drawn By

Dated

Received

1C

Lower Basement Level

Arttech Design & Construction Pty Ltd

revision C

14.3.02

19.3.02

2C

Basement Level

Arttech Design & Construction Pty Ltd

revision C

14.3.02

19.3.02

3C

Ground Floor

Arttech Design & Construction Pty Ltd

revision C

14.3.02

19.3.02

4C

First Floor

Arttech Design & Construction Pty Ltd

revision C

14.3.02

19.3.02

5C

Second Floor

Arttech Design & Construction Pty Ltd

revision C

14.3.02

19.3.02

6C

Roof and Site

Arttech Design & Construction Pty Ltd

revision C

14.3.02

19.3.02

7C

Sections

Arttech Design & Construction Pty Ltd

revision C

14.3.02

19.3.02

8C

West and North Elevations

Arttech Design & Construction Pty Ltd

revision C

14.3.02

19.3.02

9C

South and East Elevations

Arttech Design & Construction Pty Ltd

revision C

14.3.02

19.3.02

LSK 03

Landscape Section

Greenplan Landscape Architecture

revision A

25.3.02

28.3.02

 

the application form and any supporting information received with the application, as may be amended by the following conditions. 

 

2.                  The applicant to come to a suitable arrangement regarding the relocation of displaced tenants from the dwellings to be demolished.

 

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to ensure that the proposed development maintains reasonable levels of environmental amenity:

 

3.         The following screening measures are to be incorporated to reduce potential privacy impacts on neighbouring properties:

 

a.          fixed vertical louvred privacy screens to the western side of the balcony of unit 27 on the first floor for at least 2m along that side of the balcony from its southern side to prevent direct overlooking of the backyard of the adjoining property to the west;

b.          fixed vertical louvred privacy screens to the whole of the southern side of the balcony of unit 30 on the second floor to prevent directly overlooking of the property to the south;

c.           fixed vertical louvred privacy screens to the western side of the balcony of unit 30 on the second floor for at least 3m along that side of the balcony from its southern side to prevent direct overlooking of the backyard of the adjoining property to the west.

 

4.                  The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. 

 

5.         A 1.8m high fence is to be erected along the north boundary of the right-of-way where it adjoins the two main lots which comprise the development site.

 

6.         No part of the development is to encroach onto the right-of-way lot or in any way obstruct the use of the right-of-way during construction or at any time in the future.

 

7.                  The incoming owners corporation be responsible for the maintenance and cleanliness of the right of way, including the removal of dumped rubbish and garden clippings.

 

8.                  The applicant provide, at his own expense, a layback to the right of way.

 

9.                  A construction management plan being developed which addresses the current state of the right of way and ensures that during construction any damage to the right of way is addressed by rectification or reinstatement of works.

 

10.              The installation of adequate external areas and facilities for drying clothes.

 

11.              Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council.

 

12.              The solid component of the front fence to both Cowper Street and Church Street is to be no higher than the existing retaining wall (or the adjacent finished ground levels of the site, whichever is lower) and any fencing above that is to comprise narrow railings at spacings which achieve the effect of being at least 75% open.

 

13.              That part of the unbuilt portion of the site with frontages to both Cowper street and Church Street is to be retained as communal open space and is not to be allocated to individual dwellings.

 

14.              A security gate is to be provided at the entrance to the basement carpark, at a distance  no less than 6m from the site’s front boundary to allow a car to be parked outside the gate, wholly within the boundaries of the site, while waiting for the gate to open.

 

15.              Intercom arrangements to be capable of opening the garage grill door to visitors as well as the main entrance door.

 

16.              The basement car park in the development, must incorporate the provision of:

 

a)   Not less than 41 car parking spaces allocated as follows:-

            i.          residential 33 spaces

            ii.         visitors 8 spaces

 

b)   Secure storage for 10 bicycles.

 

c)   One car wash bay, which may be used in conjunction with a visitor space.

 

d)   Two disabled spaces, which may be used in conjunction with a visitor space.

 

Details of compliance with this condition are to be shown on the relevant plans for the construction certificate.

 

Car parking areas within the development are to comply with the following:

 

·    Each right angle parking space is to have a minimum dimension of 5.5m x 2.5m clear of any structures or, where adjacent to a wall or other obstruction to opening car doors, a minimum dimension of 5.5m x 3.0m;

·    All car parking spaces are to be line-marked and sealed with a hard standing, all weather material and must be maintained in a satisfactory condition at all times;

·    The entrance/exit point is to be signposted and visible from the street at all times;

·    The ramp widths are to be at least 6.0m to comply with the relevant Australian Standard;

·    The driveway of the basement carpark must be illuminated by an approved means (ie bollard lighting) from dusk to dawn.

·    The visitor spaces and loading bays are to be readily accessible at all times. 

 

Details of compliance are to be shown on the relevant plans for the Construction Certificate.

 

17.              A sign legible from the street must be permanently displayed to indicate that visitor parking is available on the site and these parking spaces must be clearly marked and remain accessible to visitors at all times.  An intercom system is to be provided adjacent to the security gate at the vehicular entrance to the carpark together with appropriate signage providing instructions for use. 

 

18.              The car parking spaces and driveways must be kept clear of goods at all times and must not be used for storage purposes.

 

The following condition/s are applied to satisfy the increased demand for public amenities and public services:

 

19.              In accordance with Council’s Section 94 Contributions Plan effective from 2 September 1999, the following monetary contribution is to be paid to Council.

 

a)         for the provision or improvement of open space                                $  42,431.42

b)         for the provision or improvement of community facilities                 $  18,761.48

c)         Administration fee                                                                              $       425.00

                                                                                                TOTAL            $ 61,617.90

 

The contribution must be paid in cash or by bank cheque prior to a construction certificate being issued for the proposed development.

 

The amount is calculated in accordance with Council’s Section 94 Contribution Plan, which may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.  The amount is based on charges applicable to the proposed 4 x 3 bedroom dwellings and 1 x 1 bedroom dwelling, less credit for the existing house.

 

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

20.              The following security deposits requirements are to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)         $3000.00         -           Security damage deposit

 

The damage deposit may be provided by way of a cash or cheque with the Council and is refundable upon the applicant advising Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

21.              The following vehicular crossing deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for Council or a Council approved subcontractor to construct the vehicular crossing.

 

a)         $2000.00         -           Vehicular crossing deposit

 

The vehicular crossing deposit may be provided by way of cash or cheque with the Council and is refundable upon the completion of the Council vehicular crossing by Council or a Council approved subcontractor.

 

The following conditions are applied to provide adequate provisions for access, transport and infrastructure:

 

22.              The applicant must meet the full cost for Council or a Council approved contractor to:

 

a)     Remove the redundant vehicular crossing servicing the site in Church St.

 

b)     Construct a new heavy-duty vehicular crossing opposite the vehicular entrance to the site in Cowper St.

c)     Construct a new concrete kerb and gutter for the full Cowper St and Church St site frontages. This shall include the reconstruction of the drainage pits and lintels located at kerb on the Cowper St and Church St intersections

d)     Carry out a full depth, 1.50 metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

e)     Remove the existing asphalt footpath along both the Cowper St and Church St site frontages and replace it with a 1.80m wide concrete footpath and pram ramps with the remainder of the unpaved area turfed and landscaped to Council’s specification.

 

23.              The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

24.              The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

25.              The internal driveway must be 5.00 metres wide for the first 5 metres inside the property and located at least 1.50 metres clear of the northwestern side boundary at the Cowper St alignment. Details, showing compliance with this requirement, are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

26.              A work zone is to be provided to the development site and details of the work zone location and the prescribed fee for the installation of a “work zone” having a minimum length of 12 metres must be paid to Council at least four (4) weeks prior to the commencement of building works.

 

The following conditions are applied to provide adequate provisions for access, transport and pedestrian safety.

 

27.              All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level or splayed 1.5 metre by 1.5 metre so that a driver of a stopped vehicle 2 metres behind the street boundary line can observe pedestrians up to 2 metres from the crossings. Details, showing compliance with this requirement, are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

28.              The applicant must, at no cost to Council dedicate a 2.5m x 2.5m splay corner for road widening purposes on the north/east corner of the site at the Cowper St and Church St intersection. The existing front fence is to be reconstructed in accordance with the 2.5m x 2.5m splay.

 

The following conditions are applied to provide adequate provisions for future civil works in the road reserve:

 

29.              The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be as follows:

 

Cowper St Frontage – 100mm above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

Church St Frontage - 100mm above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department on 9399 0923.

 

30.              The design alignment levels issued by Council and their relationship to the kerb must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

31.              The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1,441.00 calculated at $16.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

The following conditions are applied to provide adequate consideration for service authority assets:

 

32.              A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

33.              The applicant must meet the full cost for Telstra, Energy Australia, Sydney Water or Natural Gas Company to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

34.              Any electricity substation required for the site is to be located within the site and is to be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant is to liaise with Sydney Electricity prior to lodging the construction certificate to see if an electricity substation will be required for the development.

 

The following conditions are applied to provide adequate provisions for drainage and associated infrastructure:

 

35.              Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issue, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)         A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)         A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system.  This may involve either connection to the Council's street gutter, or into a Council stormwater pit.  Note:  All proposals should indicate the location of the closest Council stormwater pit and line regardless of the point of discharge.  This information can be obtained by a visual inspection of the area and perusing Council's drainage plans.

 

c)         Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d)         The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.          Roof areas

ii.         Paved areas

iii.        Grassed areas

iv.        Garden areas

 

e)         Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)          Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)         The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

h)         All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

36.              On-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5  year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

37.              All site stormwater leaving the site must be discharged by gravity to the kerb and gutter or drainage system at the front of the property.

 

38.              The applicant must provide for a detention volume of up to the 1 in 100 year, plus an additional 50% of storage volume should no overland escape route be provided for storms greater than the design storm.

 

39.              A “restriction as to user and positive covenant” must be placed on the title of the subject property in conjunction with the registration of any future plan of subdivision or strata subdivision for this property.  Such restriction and positive covenant shall relate to the onsite stormwater detention system and shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.                  The "restriction as to user and positive covenant" are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Asset and Infrastructure Services Department.

b.                  The linen plans shall indicate the location and dimensions of the detention/infiltration areas. 

 

This condition is to ensure that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council.

 

40.              The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

41.              The stormwater detention area must be suitably signposted where required, warning people of the maximum flood level.

 

42.              The floor level of all habitable and storage areas adjacent to the detention area must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

43.              Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

44.              A work-as-executed plan prepared and signed by the hydraulic engineer or a registered surveyor, and approved by an accredited certifier, must be submitted to Council's Director of Asset and Infrastructure Services prior to the issuing of an occupation certificate, detailing the location of the detention basin with finished surface levels, contours at 0.2 metre intervals and volume of storage available.  The outlet pipe from the detention basin to its connection with Council's drainage system, must be indicated on this plan in conjunction with the following information:

 

a)         location

b)         pipe diameter

c)         gradient

d)         pipe material ie PVC or EW etc

e)         orifice size (if applicable)

 

45.              A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system/absorption system. The sediment/silt arrestor pit shall be constructed with:-

 

·        The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

·        The pit must be constructed from cast in-situ concrete, precast concrete or double brick.

 

·         The grate is to be a galvanised heavy-duty grate that has a provision for a child proof fastening system.

·        A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

·        A galvanised heavy-duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipe. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

·        A child proof and corrosion resistant fastening system for the access grate (e.g. similar to a Weldlock spring loaded jay-bolt).

·        The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

·        A sign adjacent to this pit stating that:

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

Note:   Sketch details of a standard sediment/silt arrester pit can be obtained from Council’s Drainage Engineer.

 

46.              A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention area.

 

47.              Any Absorption Trenches/Pits must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

48.              Two covered car washing bays shall be provided for this development.

 

a)         The car washing bays must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to a construction certificate being issued for the proposed development.

 

b)         The car washing bays must be located outside any required/approved stormwater detention system and must be suitably signposted.

 

c)                  The car washing bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bays (or equivalent)

 

d)                  A water tap shall be located adjacent to the car washing bays.

 

49.              All drainage details for the site shall be prepared by a suitably qualified hydraulic consultant who shall, at the completion of the works, certify that the drainage works have been constructed in accordance with the approved drainage plans.

 

50.              As the above site may be present within a fluctuating water table and/or be impacted on by seepage water the basement carpark or any similar structure is to be suitably tanked and waterproofed. A Structural Engineer/Geotechnical Engineer shall certify that the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

a)                  Any subsoil drainage is to be disposed of within the site and is not to be charged to Council’s kerb & gutter and/or underground drainage system.

b)                  Adequate provision is to be made for the ground water to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the ground water through the development site).

 

51.              Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

The following conditions are applied to provide adequate provisions for waste management:

 

52.              Adequate provisions are to be made within the premises for the storage, collection and disposal of waste and recyclable materials.

 

53.              A Waste Management Plan is to be submitted to Council and approved by Council’s Manager of Waste Services, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979,prior to a construction certificate being issued for the proposed development.  The applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the development.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

54.              The garbage storage areas are to be provided with a tap and hose and the floor is to be graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

 

55.              The garbage room area(s) will have to be designed so as to be able to contain a total of 32 x 240 litre bins (16 garbage bins & 16 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

The following conditions are applied to provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

56.              The landscaped areas shown on the landscape plan prepared by Greenplan Landscape Architects numbers LSK 01 and LSK 02, dated 14.11.01, and LSK 03, dated 25.3.02, shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, a certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a suitably qualified landscape designer with relevant qualifications in landscape architecture or horticulture. The documentation is to include:

 

a.         A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

The plan shall clearly show the position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites which are likely to be affected by the development.

 

b.         A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

c.         A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

d.                  Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

e.                   Position of existing and proposed site services including water, gas, electricity, sewer, stormwater, etc.

 

f.                    Sectional elevations through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

g.                  All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape elevations through the site showing the existing and proposed groundlines, building elevations and mature height of proposed planting.

 

h.                  Location of easements within the site and upon adjacent sites (if any).

 

The landscaping shall be installed in accordance with the approved documentation prior to the issue of an occupation certificate and shall be maintained in accordance with those plans.

 

57.              To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

58.              The naturestrip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed. Such works shall be installed prior to the issue of the Occupation Certificate.

 

59.              The naturestrip upon Council's footway shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds.

 

60.              Any substation required shall be screened from view. The proposed location and elevation  shall be shown on all detailed landscape drawings and specifications.

 

61.              All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

Tree Management

 

62.              The applicant shall submit payment of $870.00 to Council, being the cost for Council to supply and install 6 x 45 litre street trees at the completion of all works.

 

The contribution shall be paid into Account Number 43450030 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for the works to be undertaken.

 

63.              Approval is granted for the removal of the following trees:

 

a)   One Syagrus romanzoffianum (Cocos Palm) located towards the southern property boundary.

 

64.              The applicant is required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

Tree Protection Measures

 

65.              In order to ensure the retention of the four (4) Cupressus species (Ornamental Cypress), one (1) Plumeria species (Frangipani), one (1) Melia azedarach (White Cedar), one (1) Populus species (Lombardy Poplar) and one (1)  Araucaria columnaris (Cook’s Pine) located along the southern property boundary and the one (1) Cupressus species (Ornamental Cypress) and one Cedrus deodara (Deodar Pine) located within the north eastern corner of the site in good health, the following measures are to be undertaken:

 

a.         All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the existing tree specimens with the position of the tree trunks and full diameter of the tree canopies clearly shown on all drawings.

 

b.                  All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show no alteration in the existing soil levels or the location of any structures, basement carparks, services, footings, paving, detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile, or any excavations within a radius of 2.5 metres from the outside edge of the tree trunks.

 

A foundation wall should be put in place before any excavation commences for the basement carpark by using a screw pole on a pier or other suitable methods. Details of the proposed method shall be submitted to, and approved by a certifying authority prior to the issue of a construction certificate. If any excavation takes place before the area is stabilised, the soil from the Protection Zones will fall into the trench. This will result in the loss of root material in the Tree Protection Zones and cause possible loss of soil and destabilise the trees.

 

c.                   The trees are to be physically protected by the installation of protective  fencing around the trees using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 2 metres from the outside edge of the tree trunks.

 

This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

d.                  Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area, no stockpiling of soil or rubble, or any works listed in Point b.

 

Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

e.                   Any excavations required for garden beds, retaining walls, services, pipes, paving etc within 2.5 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

f.                    The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

g.                  Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point i.

 

h.                  The erection of signage on the fence with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

i.                     A refundable deposit in the form of cash, cheque or bank guarantee of $9,270.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the  preservation of the tree in accordance with the requirements described in this condition.

 

 

QUANTITY

 

        SPECIES       

 

   AMOUNT

 

1

Cupressus species

(Ornamental Cypress)

 

$510.00

 

1

Cedrus deodara

(Deodar Pine)

 

$2,560.00

 

1

Melia azedarach

(White Cedar)

 

$470.00

 

1

Araucaria columnaris

(Cook’s Pine)

 

$1,530.00

 

1

Plumeria species

(Frangipani)

 

$1,150.00

 

4

Cupressus species

(Ornamental Cypress)

 

$2,060.00

 

1

Populus species

(Lombardy Poplar)

 

$990.00

 

 

 

 

TOTAL

 

$9,270.00

 

 

The refundable deposit is placed to ensure that the tree protection measures as described in this condition are undertaken throughout the demolition and construction period. The refundable deposit will be released twelve (12) months from the time of issue of a final occupation certificate by the certifying authority providing the tree protection measures (including amendments to the plans) have been undertaken throughout the demolition and construction period and the trees have been retained in good health.

 

Any contravention of Council's conditions relating to the trees at any time during the demolition and construction period or prior to the issue of a final occupation certificate will result in the Council claiming all of the lodged security.

 

66.              A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $34,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

a.                  The refundable deposit will be released twelve (12)  months after the issue of a final occupation certificate by the principle certifying authority  providing the landscape works have been successfully implemented and maintained in accordance with the approved landscape documentation. Throughout the maintenance/bond period, the applicant shall be responsible for all routine maintenance such as grass cutting, weeding, watering, fertilising, spraying, staking and replacement of all failed plant stock.  There must be no alteration to the original design, including substitution of trees and shrubs, without the prior approval of Council.

 

b.                  Any contravention of Council's landscape conditions at any time during the construction period or prior to the expiration of a period of twelve (12) months from the date a final occupation certificate is issued will result in the Council claiming all or part of the lodged security.

 

c.                   In order to organise for a final inspection for the Occupation Certificate or for the release of the security deposit, the applicant shall contact the Town Planning Department to advise that the site is ready to be inspected. Town Planning will then organise for a final inspection to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl.GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for a further inspection to be undertaken.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

67.              All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

68.              In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the requirements of the Home Building Act 1989.

 

Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

 

·    has been informed in writing of the licensee’s name and contractor number; and

·    is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

Where the work to be done by any other person (i.e. an owner builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

·    has been informed of the person’s name and owner-builder permit number, or

·    has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $3,000.

 

Details of the builder and compliance with the provisions of the Home Building Act 1989 are to be submitted to Council prior to the commencement of works, on the notice of appointment of the PCA / Intention to commence building work.

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

69.              A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of vibration emissions and detailing any possible damage which may occur to adjoining or nearby premises that may be caused by the proposed building, excavation and shoring works.

 

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, are to be fully complied with and incorporated into the plans and specifications for the construction certificate.

 

70.              A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, veranda’s, fences, retaining walls, swimming pools and driveways etc.) located upon all of the premises adjoining the subject site

 

The report is to be supported with photographic evidence of the status of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovestated premises, prior to the commencement of any works.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

71.              The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the use of the premises and the operation of any plant or equipment on the site shall not give rise to an L10 sound pressure level which is 5dB(A) greater than the A-weighted L90 background sound pressure level, measured at any point on a residential boundary or within any residential dwelling.

 

The following conditions are applied to ensure that the development satisfies the terms of Council's approval and relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

72.              A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that 'unauthorised entry to the site is prohibited' and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours, in accordance with clause 78H of the Environmental Planning and Assessment Regulation 1994.

 

            In the case of residential building work, the sign is also required to detail the licence number of the building contractor or the permit number of the owner-builder, in accordance with the Home Building Act, 1989 and Regulations.

 

73.           All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in Force at 1 July, 1993 and details of compliance are to be prepared by a suitably qualified person and be submitted to the principal certifying authority, prior to the commencement of any demolition works.

 

74.              Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

75.              Prior to the commencement of any building work, a principal certifying authority must be appointed and Council is to be notified accordingly and, at least 2 days notice of the intention to commence building work must be given to Council, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

76.              A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be available to the Council officers upon request.

 

77.              The building works are to be inspected by the principal certifying authority (or other suitably qualified person on behalf of the applicant) to monitor compliance with Council’s approval and the relevant standards of construction.

 

Documentary evidence of compliance with Council’s approval and relevant building inspections, is to be maintained by the principal certifying authority.

 

Upon inspection of each stage of construction, the principal certifying authority (or other suitably qualified person on behalf of the applicant) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:

 

·          Sediment control measures.

·          Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

·          Maintenance of the public place free from unauthorised materials, waste containers or other obstructions.

 

78.              All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and protected to prevent them from being dangerous to life or property. 

 

79.              Retaining walls or shoring must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land, if the soil conditions require it, and adequate provisions are to be made for drainage.

 

            Retaining walls and shoring are to be designed and installed in accordance with the relevant requirements of the Building Code of Australia and Australian Standards and details of any proposed retaining walls are to be submitted to the Principal Certifying Authority for consideration prior to installation.

 

80.              An Occupation Certificate must be obtained from the principal certifying authority prior to any occupation of the building work encompassed in this development consent in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

81.              In addition to the matters contained in the Environmental Planning and Assessment Regulation 2000, the following matters are to be completed in accordance with the terms and conditions of this development consent, prior to the occupation of the building:

 

a)                  car parking and vehicular access

b)                  landscaping

c)                  stormwater drainage

d)                  external finishes and materials

 

82.              A coloured works-as-executed fire services plan is to be submitted to the Council prior to occupation of the development, detailing the location of the essential fire safety measures installed within the building premises.

 

83.              A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

(a)        Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

 

(b)        On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

84.              Building and demolition works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and public holidays, except with the specific written authorisation of Council’s Manager of Environmental Health and Building Services.

 

85.              Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

86.              Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions at all times.

 

87.              Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written consent of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Council’s Local Approvals Policy.

 

88.              Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

89.              A Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

·          location and construction of protective fencing / hoardings to the perimeter of the site;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          construction noise and vibration management.

 

 The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain adequate levels of public health and safety.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

90.              During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing.

 

A soil and water management plan (SWMP) must be submitted to and approved by the principal certifying authority and implemented prior to the commencement of any site works or activities.

 

The soil and water management plan must contain a site plan, detailing:

 

·          the slope of the land

·          site access points and access control measures

·          location and type of all sediment control measures

·          location of existing vegetation, to be retained

·          material stockpile or storage areas and methods of sediment control

·          location of existing and proposed drainage systems

·          proposed disposal of site water

·          location of building operations and equipment

·          proposed re-vegetation details

 

All soil and water management measures must be maintained at all times throughout demolition, excavation, building and site works and a copy of the soil and water management plan is to be kept on-site and be made available to Council officers upon request.

 

91.              Stockpiles of soil, sand, aggregate or other materials must not be located on any drainage line, natural watercourse, footpath, roadway or any public place and the stockpiles must be protected with adequate sediment control measures.

 

Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

92.              A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

93.              If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any hoardings, site fencing or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

94.              A temporary timber crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, unless access is via an existing concrete crossover.

 

95.              The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $5 million and a copy of the Insurance cover is to be provided to Council.

 

96.           Access to and from the right of way to the rear of the premises providing access to and from Church Street is to remain unimpeded at all times during construction.

 

The following conditions are applied to ensure that reasonable levels of fire safety are provided in the building:

 

97.              The building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the B.C.A. or a smoke detection system complying with Clause 4 of Specification E2.2a of the B.C.A. or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.

 

ADVISORY MATTERS:

 

A1        The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

            In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

            a)   Part B1                      -       Structural provisions

            b)   Part C1                     -       Fire resistance and stability

            c)   Clause D1.4              -       Exit travel distances

            d)   Part E2                     -       Smoke Hazard Management

            e)   Part E4                     -       Emergency lighting, exit signs and warning systems

            f)    Part F5                     -       Sound Transmission and Insulation

 

            Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

A2        The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

PROCEDURAL MOTION: (Matson/Greenwood) that the application be deferred to allow for a further detailed assessment of the issues raised with respect to floor space ratio calculations and whether the right of way was included in the calculations for “Paradise Gardens”.  LOST.

 

MOTION: (Bastic/Tracey)  SEE RESOLUTION.

 

10.3     DIRECTOR PLANNING & ENVIRONMENT'S REPORT 19/2002 - 54 COOPER STREET, MAROUBRA.  (D/0039/2002)

 

90        RESOLUTION:  (Andrews/Bastic) that:

 

A.      Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/093/2002 seeking an Alterations and additions to the existing garage. at 54 Cooper Street Maroubra subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans numbered 01 and 02, dated 11 January 2002 and received by Council on 18 January 2002, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.         The proposed colour bond and fibre cement cladding fascia to the roof of the garage is to be reduced in height from 500mm to 300mm in order to reduce the visual impact of the development on the Gale Road streetscape.  Details of compliance are to be included with the construction certificate plans.

 

3.         There must be no encroachment of any part of the structure onto the adjoining premises.

 

                        The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

4.         Surface water/stormwater must be drained and discharged to the street gutter and details are to be included in the construction certificate details for the development. 

 

                        The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

5.         All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

6.         A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that 'unauthorised entry to the site is prohibited' and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours, in accordance with clause 78H of the Environmental Planning and Assessment Regulation 1994.

 

The following conditions are applied to ensure that the development satisfies the terms of Council's approval and relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

7.           Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

8.         Prior to the commencement of any building work, a principal certifying authority must be appointed and Council is to be notified accordingly and, at least 2 days notice of the intention to commence building work must be given to Council, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

9.         A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be available to the Council officers upon request.

 

10.       The building works are to be inspected by the principal certifying authority (or other suitably qualified person on behalf of the applicant) to monitor compliance with Council's approval and the relevant standards of construction.

 

Documentary evidence of compliance with Council's approval and relevant standards of construction, is to be maintained by the principal certifying authority.

 

11.       Building and demolition works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and public holidays, except with the specific written authorisation of Council's Manager of Environmental Health & Building Services.

 

12.       Building materials, sand, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time.

 

13.       Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written consent of the Council, unless exempt under Councils Local Approvals Policy.

 

ADVISORY MATTERS

 

A1.       The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

A2.       The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

MOTION:  (Andrews/Bastic) SEE RESOLUTION.

 

10.4     DIRECTOR PLANNING & ENVIRONMENT'S REPORT 20/2002 – SHALOM COLLEGE - 330 ANZAC PARADE, KENSINGTON.  (D/0931/2001)

 

91        RESOLUTION:  (Tracey/Bastic) that:

 

A.                 Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 93/2001 for Section 96 Modification – to reduce building to three storeys with associated amendments to construction at 330 Anzac Parade, Kensington subject to the following conditions.

 

Condition No. 1 be modified to read:

 

1.         The development must be implemented substantially in accordance with the plans prepared by Group GSA Pty Ltd numbered DA 1000A, DA1101A, 1102A, DA2001B, DA 2002B, DA 2003A, DA2004A, DA 2005A, DA 3001B, DA 3002A, DA 3003A and Landscape Plan drawing No. 201056L/DA.00 Revision 00 of 4 October 2001 and received by Council on 5 October 2001, as amended by the plans prepared by Group GSA Pty Ltd numbered DA 1000E, DA 1101E, DA 1102E, DA 2001E, DA 2002E, DA 2003C, DA 2004E, DA 3001E, DA 3002E & DA 3003E, dated 22 February 2002 and received by Council on 26 February 2002.

 

MOTION:  (Tracey/Bastic) SEE RESOLUTION.

 

11.       PETITIONS.

 

Nil.

 

12.       MOTIONS PURSUANT TO NOTICE.

 

12.1     BY COUNCILLOR C. MATTHEWS – INSTALLATION OF PLAYGROUND EQUIPMENT IN YARRA BAY BICENTENNIAL PARK.  (98/S/1792 xr 98/S/0178(3) )

 

92        RESOLUTION:  (Daley/White) that this matter be deferred for future consideration as part of the Plan of Management for Yarra Bay.

 

MOTION: (Matthews/Schick) that Council give consideration in the 2002/03 budget to the installation of playground equipment in the Yarra Bay Bicentennial Park.

 

            PROCEDURAL MOTION: (Daley/White) SEE RESOLUTION.

 

12.2          BY COUNCILLOR C. MATTHEWS – MOWING COUNCIL’S NATURE STRIPS.  (98/S/1073 xr 98/S/0178(3) )

 

            MOTION: (Matthews/Schick) that Council give consideration in the 2002/03 budget to providing a free service for the mowing of Council’s nature strips in front of residences occupied by Pensioners and other elderly people unable to perform this task. RULED OUT OF ORDER BY THE MAYOR.

 

12.3          BY COUNCILLOR – M. MATSON – ACCUMULATED IMPACT OF DEVELOPMENTS. (98/S/4394 xr 98/S/0178(3) )

 

            MOTION: (Matthews/Greenwood) that a report come to the Health, Building and Planning Committee on the desirability of supporting a change to Section 79C(1) of the Environmental Planning and Assessment Act 1979 to specifically include the “accumulated impact of similar aspects of successive developments on an area” as a matter for consideration in the assessment of Development Applications.  LOST.

 

12.4          BY COUNCILLOR – M. MATSON – COUNCIL RANGERS RESPONSE TO ILLEGALLY BLOCKED DRIVEWAYS.  (98/S/3520 XR 98/S/0178(3) )

 

            MOTION: (Matson/Greenwood) that, in the interests of preserving the rights of residents to free access to their properties, a report be brought before the next Council Meeting outlining:

 

a)                  Options for enabling residents to obtain an urgent and immediate response from Council Rangers when parked vehicles are obstructing private driveways; and

 

b)         Legal options Council Rangers have available to them to affect the immediate removal of vehicles blocking driveways, including (not withstanding Section 651C(1) of the Local Government Act) the option of moving the vehicle.  LOST.

 

12.5          BY COUNCILLOR J. GREENWOOD – ETHICAL INVESTMENT OF SURPLUS COUNCIL FUNDS.  (98/S/0078(2) xr 98/S/0178(3) )

 

            MOTION: (Greenwood/Matson) that Council:

 

a)                  Write to Local Government Financial Services inviting them to address Council on where they are at in developing an ethical investment portfolio; and

 

b)         Will routinely present reports to the Administration and Finance Committee when knowledge of a suitable ethical investment fund, rated by an appropriate rating agency (eg. Moodys Investors Service Inc or Standard and Poor’s Investors Service Inc) becomes available.  LOST.

 

13.       URGENT BUSINESS.

 

93        RESOLUTION:  (Schick/Daley) that Leave of Absence be granted to Cr. Matthews from all Council and Committee Meetings held between 1st and 31st May, 2002.

 

MOTION:  (Schick/Daley) SEE RESOLUTION.

 

14.       CONFIDENTIAL REPORTS.

 

14.1  MAYOR'S MINUTE 22/2002 & GENERAL MANAGER'S REPORT 7/2002 - CONTRACT OF EMPLOYMENT - DIRECTOR ASSET & INFRASTRUCTURE SERVICES.  (PERSONNEL)

 

14.2     DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 43/2002 - GREEN WASTE AND CONCRETE RECYCLING SITE.  (98/S/3862)

 

15.              COMMITTEE-OF-THE-WHOLE.

 

The Mayor invited members of the Public Gallery to address the Council on the proposal by the Council to proceed into a closed Committee-of-the-Whole. No persons indicated they wished to avail themselves of this opportunity.

 

RESOLVED: (Andrews/Schick) that the Ordinary Meeting of the Council be adjourned at 9.31 pm and that the Council meet and sit as a Committee-of-the-Whole.

 

The Mayor declared the Ordinary meeting of the Council resumed at 9.56 p.m.

 

16.       REPORT OF THE MAYOR TO THE ORDINARY MEETING OF THE COUNCIL, RELATING TO THE COUNCIL MEETING AS A COMMITTEE-OF-THE-WHOLE ON TUESDAY, 23rd APRIL, 2002.

 

The Mayor reported that the following matters had been considered and the following recommendations to the Council had been formulated by the Committee-of-the-Whole.

 

1.         Exclusion of Press and Public.

 

At the commencement of the meeting, the Committee-of-the-Whole RESOLVED, pursuant to Section 10 A(2) (a) & 10A (2) (c) & 10A (2) (d) of the Local Government Act, 1993, that the press and public be excluded from the whole of this meeting of the Committee as the matters under consideration concerned respectively, (a) personnel matters concerning a particular individual, (b) conferring a commercial advantage on a person with whom the Council is conducting business and (c) commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council, on which publicity or disclosure of the proceedings of the Committee would, in the opinion of the Committee, be prejudicial and on balance would be contrary to the public interest.

 

 

2.         Recommendations.

 

16.1  MAYOR'S MINUTE 22/2002 & GENERAL MANAGER'S REPORT 7/2002 - CONTRACT OF EMPLOYMENT - DIRECTOR ASSET & INFRASTRUCTURE SERVICES.  (PERSONNEL)

 

a)                  That Council approve the re-appointment of Mr Michael Savage as Director Asset & Infrastructure Services on a performance-based contract for a period of four (4) years and under terms and conditions to be negotiated with the General Manager; and

 

b)                  That Mr Savage be advised of the outcome in writing.

 

16.2     DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 43/2002 - GREEN WASTE AND CONCRETE RECYCLING SITE.  (98/S/3862)

 

That Council:

 

a)                  Note the Resource Recovery Management Pty Ltd Report’s recommendation to relocate the recycling operations from Yarra Bay to the alternative site at Bunnerong;

 

b)                  Agree to delegate authority to the General Manager to continue negotiations with Sydney Ports to achieve agreed terms for a lease at the Bunnerong Site; and

 

c)                   Note that the leasing of the Bunnerong site will be subject to due process in the development of the site.

 

16.3     ADOPTION OF THE REPORT OF THE COMMITTEE-OF-THE-WHOLE.

 

94        RESOLUTION:  (Daley/Backes) that the recommendations made by the Committee-of-the-Whole at its meeting held on 23rd  April, 2002 be adopted.

 

MOTION:  (Daley/Andrews) SEE RESOLUTION.

 

17.       NOTICE OF RESCISSION MOTIONS.

 

A rescission motion was submitted  on the resolution of Council on the Director of Planning & Environment’s Report No. 18/2002 – 44-48 Cowper Street, Randwick by Councillors Matson, Greenwood and Whitehead prior to the close of this Meeting.

 

There being no further business, His Worship the Mayor, Cr D. Sullivan, declared the meeting closed at 10.01 p.m.

 

THE MINUTES OF THIS MEETING WERE CONFIRMED AT THE ORDINARY MEETING OF THE COUNCIL OF THE CITY OF RANDWICK HELD ON TUESDAY, 28TH MAY, 2002.

 

 

 

...................................................

CHAIRPERSON